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HomeMy WebLinkAboutO-2026-002 TX-041-25 Updating Notice and Application Requirements 1 ORDINANCE #2026-002 ORDINANCE NO. 2026-002 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE” (LDC) TO PROVIDE CLARITY AND UPDATED APPLICATION PROCEDURES AND NOTICE REQUIREMENTS; BY AMENDING PART 6, ENTITLED “DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS” , TO CREATE SECTION 610-15, ENTITLED “COMMUNITY OUTREACH” TO REQUIRE COMMUNITY OUTREACH AS PART OF EACH APPLICATION; AMENDING ARTICLE 610 ENTITLED PUBLIC HEARING NOTICES, IN ORDER TO UPDATE SECTION 610-30, ENTITLED “DETAILED NOTICE PROVISIONS” TO PROVIDE FURTHER CLARITY TO NOTICE PROVISIONS; AMENDING ARTICLE 635, ENTITLED “SITE PLANS” AT SECTION 635-40, ENTITLED “SUPPLEMENTAL APPLICATION REQUIREMENTS” TO ELIMINATE PAPER SITE PLAN SUBMITTALS; AMENDING PART 7, ENTITLED “CODE ADMINISTRATION”, TO AMEND SECTION 715-60, ENTITLED “DEVELOPMENT REVIEW COMMITTEE” TO REMOVE REFERENCE TO THE CRA EXECUTIVE DIRECTOR; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, periodically the Community Development Department reviews the Land Development Code (LDC) in order to clarify provisions, remove obsolete language and to generally make the LDC easier to review and use; and WHEREAS, the City is creating Section 610-15, entitled “Community Outreach” to make our standard practice a requirement by applicants for every zoning application; and WHEREAS, the City is amending Section 610-30(D)(2)(c) entitled, Detailed notice provisions” to clarify that each owner of a condominium building must be mailed a public hearing notice; and WHEREAS, the City is amending Section 635-40(E), entitled “Supplemental application requirements” eliminating paper site plan submittals; and WHEREAS, the City is amending Section 715-60, entitled “Development review committee” to remove reference to the CRA Executive Director. WHEREAS, the City desires to update its notice provisions to provide further clarity and to require community outreach meetings by applicants for every zoning application; and 2 ORDINANCE #2026-002 WHEREAS, the City seeks to update its site plan and supplement application requirements, and Development Review Committee requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 28 entitled the “Land Development Code” at Part 6, “Development Review Procedures and Requirements”, at Article 610 entitled “Public Hearing Notices” is hereby amended as follows; CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 6. “DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS * * * ARTICLE 610 - PUBLIC HEARING NOTICES * * * Sec. 610-15. Community Outreach The applicant for any application requiring public hearing must conduct community outreach to present the application to the surrounding community prior to the application being scheduled for public hearing. The intent is for the developer/applicant to meet with the community to discuss the development application, to understand the perspective of the community and mitigate any adverse impacts, if possible, before presenting the application at a public hearing. Applications that can be administratively approved shall also be required to conduct community outreach, unless waived by the Community Development Director. The method of reaching out to the community is left to the developer/applicant, however in-person meetings are preferred. Public notice must be provided to staff prior to notice being sent to the community. A summary of the outreach activity and discussion must be provided to staff prior to the application being scheduled for public hearing. * * * Sec. 610-30. Detailed notice provisions. * * * 3 ORDINANCE #2026-002 (D) Mail notices. (1) The mail notice radius in table 610-20 shall be measured from the boundaries of the land that is the subject of the application. (2) Mail notice shall be sent by U.S. Mail to the following: (a) The owner(s) of the subject property(ies), as well as the petitioner(s); and (b) The persons shown on the current tax rolls of Broward County to be the respective owners; or © In the case of a condominium, notice shall be sent to the board of directors of the applicable condominium association as listed as registered with the Florida Department of State Division of Corporations, as well as each unit owner. (d) Mail notice shall only be required to owners of land located within the city’s boundaries. * * * Section 3. That Chapter 28 entitled the “Land Development Code” at Section 635-40 is amended as follows: * * * CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 6 - DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS * * * ARTICLE 635 - SITE PLANS * * * Sec. 635-40. Supplemental application requirements. In addition to the general application requirements, the applicant shall provide the following materials in the quantity specified on the application form with the exception of site plans within an approved Planned Mixed-Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL), for which any alternative requirements established in the approved Development Design Guidelines (DDG) shall govern: (A) Boundary survey and topographic survey signed and sealed by a professional surveyor and mapper registered in the State of Florida, with elevations provided on a one hundred (100) foot grid, including natural features and improvements and their current use, top of bank and edge of water for all water bodies and water courses, the location of utility lines within and adjacent to the site, adjacent and internal rights-of-way width and dedication information, pavement location and width, and all easements and reservations of record. If there are existing improvements on the property, they shall be depicted and dimensioned. 4 ORDINANCE #2026-002 (B) Tree survey. (C) The recorded plat and any agreements modifying the plat (example: amendment to the restrictive note or non-vehicular access line (NVAL)), if the property has been platted. (D) Draft of any required or proposed restrictive covenants, written sureties, and common area maintenance association documents, including those for the preservation of common open space areas; grants of easement for access, drainage, utilities or other purpose; or other restrictions to be imposed upon the use of the land and buildings. (E) Site plans, including all information required in section 635-50, below, folded and bound together in separate plan sets with a cover sheet indicating plan sheet numbers. The overall size of plans shall be twenty-four (24) inches by thirty-six (36) inches drawn at a scale no smaller than one (1) inch equals twenty (20) feet, except when a smaller scale is approved by the community development director. All plans shall be prepared by professional surveyors and mappers, engineers, architects, landscape architects, or other appropriate professionals as determined by Florida Law, who are licensed and registered in the State of Florida. Section 4. That Chapter 28 entitled the “Land Development Code”, Part 7, “Code Administration”, Article 715, “Department of Community Development”, at Section 715-60 is amended as follows; * * * PART 7 – CODE ADMINISTRATION * * * ARTICLE 715 – DEPARTMENT OF COMMUNITY DEVELOPMENT * * * Sec. 715-60. Development review committee. The Community Development Department is hereby assigned the responsibility to coordinate the duties of the Development Review Committee (DRC). The membership of the DRC shall include representatives from the fire-rescue, Community Development, and public services departments. When the circumstances of a proposed development necessitates review by additional city staff members or city consultants, the Community Development Director or his/her designee, may add such members to the committee as deemed necessary for the implementation of this section, in accordance with their respective areas of concern and expertise. In addition, if the proposed development is located within the CRA area, the Executive Director of the CRA or designee shall also participate in the review process. The Planning and Zoning Manager or designee shall chair, coordinate and administer the DRC. The duties of the DRC are to review small scale and large scale site plans, site plan modifications, plats and plat amendments, except for plat note amendments, for technical compliance and conformance with all applicable regulations, as it relates to each discipline and any other related issues as may be assigned by the Community Development Director. All meetings of the DRC shall be open to the public at all times and noticed in accordance with state law. 5 ORDINANCE #2026-002 * * * Section 5. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 7. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 8. That this ordinance be codified in the City’s code of ordinances, at the Land Development Code section, chapter 28 by Municode Corporation. Section 9. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on December 9, 2025. PASSED AND ADOPTED on second reading on January 13, 2026. First Reading: Motion by: Commissioner Ryan Second by: Commissioner Lewellen Second Reading: Motion by: Commissioner Rimoli Second by: Commissioner Ryan VOTE AND SIGNATURES ON FOLLOWING PAGE 6 ORDINANCE #2026-002 FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ____ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY