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Home My WebLink AboutO-2020-013 Text Amendment (TX-053-20) to Amend PRD-1 (Harbor Landings)ORDINANCE NO. 2020-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE APPLICANT CCI PROPERTIES 1, INC. TO AMEND CHAPTER 28, ENTITLED "LAND DEVELOPMENT CODE," OF THE CITY CODE OF ORDINANCES BY AMENDING PART 1, ENTITLED "USE REGULATIONS," ARTICLE 105, ENTITLED USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS," AT SECTION 105-220, ENTITLED "PRD-I DISTRICT SUPPLEMENTAL REGULATIONS;" AMENDING PART 2, ENTITLED "SITE DEVELOPMENT REGULATIONS," ARTICLE 205 ENTITLED "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS," AT SECTION 205-10(B) "PRD-1 AND MULTIPLE -FAMILY DISTRICTS" IN ORDER TO PROVIDE BONUS DENSITY CRITERIA, INCLUDING, BUT NOT LIMITED TO AFFORDABLE HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach (the "City") Comprehensive Plan provides that the City will maintain land development regulations and zoning regulations to implement the City's Comprehensive Plan; and WHEREAS, the City Commission finds it periodically necessary to amend its Code of Ordinances and Land Development Code ("Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, City staff recommends approval of a proposed change to the Code as shown below; and WHERIF,AS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's Comprehensive Plan; and WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a newspaper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and dates of the public hearings; and WHEREAS, two (2) public hearings were held before the City Commission pursuant to the published notice described above; and WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Part 1, "Use Regulations," Article 105, "Use Regulations for Residential and Open Space Zoning Districts," Section 105-220 "PRD-1 District Supplemental Regulations" of the City of Dania Beach Land Development Code is amended to read as follows: PART 1. - USE REGULATIONS ARTICLE 105. - USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS See. 105-220. - PRD-1 District supplemental regulations. (C) Density. Density shall be determined by the city commission in accordance with the provisions of the comprehensive plan (including allocation of flex and reserve units if applicable). Residential density shall not exceed five (5) units per gross acre for single-family cluster developments; eight (8) units per gross acre for other single-family and two-family development; and sixteen (16) units per gross acre for townhouse development; and thirty-five (35) units per acre for multi -family units, which mgy be increased to fift (50) units per acre for multi -family units which meet the densfty bonus criteria in section 105-220 0)(3). See section 205-10 (Schedule of lot, yard and bulk regulations). (J) MultifiamilylMixed Use Option. A multifamily use is permitted subject to the development standards of Section 205-10 (schedule of lot, yard, and bulk regulations) and the following additional requirements for mixed -use developments: (1) The development may include commercial uses on the ground floor of the development such that the development is a mixed -use development as provided by the City of Dania Beach Comprehensive Plan. The following commercial uses shall be permitted: i. Athletic clubs/studios; ii. banks and financial institutions with no drive-thrus; iii. bakeries; iv. delicatessens; 2 ORMNANCE #2020-013 V. copy shop; vi. day care centers; vii. dry-cleaning establishments (no cleaning on premises); viii. fast food restaurant with no drive-thrus; and ix. retail establishments, X. office (business, professional and medical), xi. personal service establishments, xii. restaurants, xiii. retail pharmacy, and xiv. retail stores and those uses which are customarily accessory and clearly incidental to the principal permitted use, excluding smoke shops, cannabidiol (CDB) sales, and discount retail. (2) The mixed use development shall be located abutting an arterial roadway and shall occupy the majority of the ground floor building area (excluding parking garages). (3) Bonus Density Criteria: The multi -family use mqy be in a single use residential building and have a densfty of fifty (50) units i2er acre provided that the following criteria are met: (i) the multi -family use has access to a State Road without the necessi1y of access to another public road; (ii) the multi -family use includes a minimum of fifteen percent (15 %) of affordable housing units income restricted for a minimum of thigy years (30) for individuals with a household income not exceeding one hundred-tweply percent (120%) of the Broward Coupt y Area Median Income; (iii) the multi -family use has shared vehicular and pedestrian access with an existing or proposed commercial use; an (iv) the multi -family use is within a quarter mile of an existing or proposed transit stop. Section 3. That Part 2, "Site Development Regulations," Article 205, "Tabular Summary of Site Development Standards for All Zoning Districts," Section 205-10(b) "PRD-1 and Multiple -Family Districts" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 205. - TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS. * See. 205-10. - Schedule of lot, yard and bulk regulations. ORDINANCE #2020-013 LOT DENSITY! BULK YARDS - - - - -------------- -- (B) PRD-1 i MAXIMU MINIMUM MAXIMUM AND M MINIMUM Additional MULTIPLE - FAMILY :Dep' Height. Cove Interior Comer Interior Regulation Area 'Width I i Density i i Front ;Rear between (Stories I rage I DISTRICTS th Side i side (Ft) DUAC) (Ft) t (Ft) D11110ings (acre) ! ( (Ft) or Ft) (F (Ft) (Ft) PRD-I I ae. DISTRICT S e n ctio 5-22 10 0 FPe 85% 10 rVious MF: Multifamily I ac. 150 1N/A; 35** 162** or I i TBD 1 or 1 20 10 1 15* 5 TBD with area for MU: 10%. Mixed Use MU: 70 i with 1 abutting i resident i site plan Perimeter landscape I site plan ial 1 i buffers TBD with site plan. *Rear Yard Abutting Residential Properties: A rear yard setback of 15'is required for buildings that are less than 26' in height and are within 50'from the rear property line abutting residential properties. A rear yard setback equal to the 75% of the height of the building is required for buildings that are greater than 26' in height and not within 50' of the rear property line abutting residential properties. ** Bonus Density: where a multi -family use meets the criteria for Bonus Densjjy the maximum permitted density is 50 units per acre and the maximum permitted height is 85'. 4 ORDINANCE #2020-013 Section 4. That 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 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 6. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on September 24, 2020. PASSED AND ADOPTED on second reading on October 27, 2020. ATTEST: THOMAS SCHNEIDER, CM LR� CITY CLERK JN Is MAYOR APPROVED Sgb FVRM AND CORRECTNESS: G THOMA� J. ANSBRO CITY ATTORNEY 5 ORDWANCE #2020-013