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Home My WebLink AboutO-2021-018 Text Amendment (TX-032-21) SECOND READINGORDINANCE NO. 2021-018 SECOND READING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE (LDC); AMENDING CERTAIN PROVISIONS OF THE LDC TO FURTHER REFINE PROVISIONS RELATING TO CHAPTER 28 ENTITLED "LAND DEVELOPMENT CODE", BY AMENDING ARTICLE 205, ENTITLED "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS," AT SECTION 205-10, ENTITLED "SCHEDULE OF LOT, YARD AND BULK REGULATIONS;" TO AMEND THE CALCULATION OF TOWNHOUSE PERVIOUS AREA; AMENDING ARTICLE 265, ENTITLED "OFF-STREET PARKING REQUIREMENTS," AT SEC. 265-50, ENTITLED "OFF-STREET PARKING REQUIRED ON -STREET PARKING CREDIT" TO CLARIFY DAY CARE PARKING MINIMUM REQUIREMENTS; TO CLARIFY DAY CARE PARKING MINIMUM REQUIREMENTS; AMENDING SUB -PART 1, "COMMUNITY REDEVELOPMENT AREA (CRA) FORM BASED ZONING DISTRICTS," AT ARTICLE 302, ENTITLED "DETAILED USE REGULATIONS," AND SEC. 302-10, "PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO CLARIFY SOME OF THE USES; AMENDING ARTICLE 303, ENTITLED "DISTRICT DEVELOPMENT STANDARDS", AT SEC. 303-80, ENTITLED "SFED-MU, SOUTH FEDERAL HIGHWAY CORRIDOR MIXED -USE DISTRICT", AT FIGURE 303-23, ENTITLED "SFED-MU DISTRICT MA;" AMENDING PART 5, ENTITLED "SIGNAGE AND DESIGN STANDARDS," ARTICLE 505, ENTITLED "SIGN REGULATIONS," AT SEC. 505-160, ENTITLED "TEMPORARY SIGNS" TO LIMIT BANNER SIZE; AMENDING PART 6 ENTITLED "DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS," AT SECTION 635-20, ENTITLED APPLICABILITY" TO ALLOW SMALL SCALE AMENDMENTS FOR DUPLEXES; AMENDING SECTION 635-100, ENTITLED "EXPIRATION OF SITE PLANS; PROCEDURE FOR EXTENSION;" TO CLARIFY THAT A BUILDING PERMIT MUST BE RECEIVED; AMENDING ARTICLE 675, ENTITLED "TEMPORARY USE AND SPECIAL EVENT PERMITS," AT SECTION 675- 40, ENTITLED "STANDARDS AND PROCEDURES FOR APPROVAL OF TEMPORARY USE;" TO CLARIFY TEMPORARY USES; AND AMENDING SECTION 675-20, ENTITLED "TEMPORARY USES AUTHORIZED" TO CLARIFY THE USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach desires to update its Land Development Code relating to minor edits to various sections of the LDC, including but not limited to a minor revision to pervious area for Townhomes, amending temporary uses, and other clarifications of the LDC; and WHEREAS, staff recommended approval of the proposed amendments to the Land Development Code in its report dated June 16,2021; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on J u n e 16, 2 0 2 1 , and recommended approval of the proposed Ordinance; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings relating to the adoption of the LDC amendments; and WHEREAS, the City Commission finds that it is in the best interest of the City to adopt the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Ordinance. Section 2. City's Code of Ordinances, at the Land Development Code, is amended as follows: Sec. 205-10. - Schedule of lot, yard and bulk regulations. ,LOT DENSI :BULK :TY YARDS (B) MAXI PRD-1 MINIMUM IMAXIMUM NUM -MINIMUM AND :ADDITIO ,MULTI z Interi NAL PLE- Interi 'or of REGULA TAMIL Y Area De I Densi cove ty Height ift lor iRe �Cor lot z TIONS Width ipth '(DU/Gr rage I ont !Side 1 ar ner betw DISTRI (Sq (Storie (Ft.) '(Ft. oss (Perc (Ft Both/ j (Ft side een CTS Ft.)' s/Ft.) Acre) ent) One (Ft.) buildi (Ft.) ngs (Ft.) 2 ORDINANCE #2021-018 SECOND READING RM District sections 40 230-10, per 230-30 100 buildi Pervious for 20,00 119 area build* 0 gfeup i 2U for; calculated Townho ng total; 100 10.00 P5 i i 150% : !25 end 115 25 20 1pe _r uses group I :2500/ 1 units I I developme I 22 unit buildi nt project per ng assuminiz unit cove each TH age lot per lot i max, build -out. PRD-1 ------- - -- ---- --- ac. District sections 230-10 230-30 Townho 40 115 for 2 Pervious :50% 1 stories area uses [subject buildi 125 for 3 �Wculated to N/A �22 16.00 3/35 A P9 25 cover istories, �25 except 20 15 per developme section 105- z age adj. to nt proi ec 220] per single- assuming lot family each TH "Ot Imax. build -out. RM-1 District RM-2 District 3 ORDINANCE #2021-018 SECOND READING sections 230-10, -3-5 230-30 50% 125 buildi Pervious 20,00 total; 0 sf Rg area 22 per cover calculated !Townho total; indivi 150 12.00 30 age 25 20/15 20 20 20 P —er uses 2,500 ' dual per developme nt project sFuni unit lot assuming t lot & each TH group lot max. build -out. Sec. 265-50. - Off-street parking required; on -street parking credit. (D) [Abbreviations.] Abbreviations used in the off-street parking requirement table. 1� CSA Customer service area Pkg I = I Parking Requ. I= I Requirement, required I/B I = I Inbound O/B I = I Outbound SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS 4 ORDINANCE #2021-018 SECOND READING (B) Community Facilities Animal hospital, 7 1 kennel One (1) per three hundred (300) sf 8 Bus or other mass � One (1) per one hundred (100) sf of waiting room area i transit station 9 College, specialty One (1) per sixty (60) sf of class -room instruction area. I school I 10 Day care, One (1) per four hundred (400) sf or, a minimum of preschool five (5) sf, whichever is great -r tetal-�� Stacking spaces may be substituted for pkg spaces up to ten (10) spaces or twenty-five (25) percent of the pkg requ. (lesser of) Sec. 302-10. - Permitted, special exception and prohibited uses. I FP = Permitted istricts Legend - SE = Special Exception use = Permitted subject to the restriction in section EDBB- NB SFED-MU GT NB 1302-20 having the same number that is within the City MU HD I iparentheses Cent WY HD er RE MU MU Principal Street S Frontage 5 ORDINANCE #2021-018 SECOND READfNG S. Abbreviations: E Oth Fed. Oth EDBB East Dania Beach Boulevard D er Hwy er SFED South Federal Highway B stre Sheri Stre B ets dan ets St. MIXED -USE COMMERCIAL (uses that are compatible with residential uses adjOiDing stories) Bakeries, delicatessens, coffee shops P P 11 P P P . .. ....... ...... . Restaurant, free standing drive -through P P NP P [subject to section 110- 190] Restaurant, fast food in an existing building P P J'NP P P [subject to section 110-190] Restaurant, fast food in a new multi -tenant or attached building (not free standing) P P NP P NP P [subject to section 110- 190] P N P NP NP P WER04611 Restaurant; outdoor dining accessory to a full sefviee-restaurant, bar, ice cream shop, 1(5 (5, (5) NP (5) (5) (5) NP 20) or- ifAefaet eaf,6 bakely, delicatessen or coffee shop Sec. 303-80. - SFED-MU, South Federal Highway Corridor Mixed -Use District. 6 ORDINANCE #2021-018 SECOND READING Figure 303-23 SFED-MU District Map Legend (SFED-MU) SFED-VU P—.,y .:"L— P—�q st�tv D� H". 'AN & Fd�41 H", SH L R1 D St*c Sttg R�d 6 *the graphic above, showing bubbled areas, reflect properties that were rezoned to SFED-MU and are therefore being added to this graphic so it may accurately reflect the entire SFED-MU zoning district. This is for illustration purposed only and not for codification. 7 ORDINANCE #2021-018 SECOND READING *the below graphic for insertion in the codified code. TtRLING RD G R TI) 2ND TE", �E 2NT S".4 2,D Pit SE 3RD ST S�, 3 0 SW 3RD TER ISE 3RD T'Ek— E 3�D Ft X S,1 3R) PL s� 4T,1 rill $F -TH TFk S�,,' ETH S, SE 5TH ST S��l 6-H ST SE 6T'i �T Se4 7T� ET < 1= ', �L TT J ST LLJ SV, FTH sT SL 871 ST SE qr� bT SW 9TH �T E SY; 10-1 ST SE i 37H TER 17;, 5 T i 51 �17H ST S'�j 12T �E 11T9 TE� SE 12T�4 ST Legend ST SE 13-1 57 South Federal Hwy Corridor -Mixed Use EC 13T, I TER District (SFED-MU) Secondary Streets ST SFED-MU Primary SE 14TH, ST Streets ST Primary Streets: �F 15T[- S , • Dixie Hwy. • S. Federal Hwy. e Sheritlan Street e Stirling Road e jST SHERIDAN ST f ts ORDINANCE #2021-018 SECOND READING IF. t 0 125 250 500 710 , . Legend South Federal HwyConidor-Mixed Use Disinct (SFED-MU) zoning Boundades, I Property Lines MAXIMUM HEIGHT, 13Y RIGHT + INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTNIES) 10 A- 2 Stones, 24 It. B - 4 Stories, 35 40 4. by Ight, and up to Man adchtion,il 4 stones. 35 40 It. with —ehwes M,, C - Ranges horn Zorie A height In Zone B height pe,sumt to Sw. 304-20 *the graphic above, showing bubbled areas, reflect properties that were rezoned to SFED-MU and are therefore being added to this graphic so it may accurately reflect the entire SFED-MU zoning district. This is for illustration purposed only and not for codification. 9 ORDINANCE #2021-018 SECOND READING 0 125 250 500 750 1,000 Legend South Federal Hwy Cmdo,101hced Use District (SFED_ MU) Zoning Boundaries Property Unes MAXIMUM HEIGHT, BY RIGHT + INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIVES) A - 2 Stones, 24 11. B - 4 Stories, 35 40 ft. by right, and up to an additional 4 stories, 35 40 ft. wfth incenfives C - Ranges frorn Zone A height to Zone B height pemant to Sec. 304-20 *this graphic for insertion in the codified code. 10 ORDINANCE #2021-018 SECOND READING Sec. 505-160. - Temporary signs. (H) Temporary special event signs, other. Temporary special event signs for commercial uses are permitted only for grand openings, semi-annual sales, licensed going out of business sales, established legal holidays, and changes in ownership or management. Noncommercial entities can only qualify for a legitimate, established activity or event directly related to their function or purpose as determined by the director, including but not limited to, grand openings and special promotions. (4) Permitted signage. Total signage for any special event shall not to exceed one hundred sixty (160) square feet of total signage and twenty (20) signs. The total permissible signage may be allocated among the different types of authorized signage, but is subject to the restrictions on size and number established below for each type of sign. For establishments with more than one building frontage, the longest such frontage that has a public entrance shall be utilized to calculate allowable signage area. (a) Attached banner signs. Two (2) square feet of banner signage is permitted for each foot of building frontage of the establishment having the special event, not to exceed one htmdr-ed twenty (120) fifty (5 0) square feet per building frontage. Sec. 635-20. - Applicability. (B) Small-scale site plan. A site plan shall be processed under the small-scale site plan procedure if the site plan complies with the following limitations: (1) A net land area of one (1) acre or less; and (2) Fewer than fifty (50) dwelling units, e)ieludiag duplex; or (3) Fewer than twenty thousand (20,000) square feet of nonresidential use; and (4) Does not include both residential and nonresidential uses; and (5) Does not include a request for assignment/allocation of residential dwelling units or nonresidential acreage under the flexibility provisions of the Broward County Land Use Plan. ORDINANCE #2021-018 SECOND READING Sec. 635-100. - Expiration of site plans; procedure for extension. (A)All site plan and site plan modification approvals automatically expire and become null and void unless the applicant filed complete building permit applications with construction drawings for all improvements shown on the site plan within eighteen (18) months from the date of site plan approval, and the permits remain valid until a certificate of occupancy or its equivalent is issued for the improvements. ARTICLE 675. - TEMPORARY USE AND SPECIAL EVENT PERMITS See. 675-20. - Temporary uses authorized. (A) All temporary uses or special events must be located on developed property with an active business tax receipt issued by the City, or upon city property as authorized in accordance with this article, and must meet one of the following criteria: (1) The temporary use or special event must benefit a business currently licensed and occupying a permanent place of business in the City; or (2) The temporary use or special event must benefit a not -for -profit entity or charitable organization; or (3) The temporary use or special event must be organized and operated solely for charitable purposes; or (4) The temporary use or special event must be a private gathering. This section does not to apply to local shows or amusements held in theaters, auditoriums or permanent buildings designed and permitted for assembly uses. City sponsored events and any single day events located on propeKly owne I by -a%eeiated with a place of worship located within the city are exempt from this requirement. (B) The following temporary uses and special events shall be approved by the City Commission after staff review and recommendation, as provided in this subsection: (1) Events with more than five hundred (500) persons in attendance, as estimated by the parks and recreation director; or (2) Consecutive Multi -day events.-!-� 12 ORDINANCE #2021-018 SECOND READING The City Commission may, in its initial resolution approving a temporary use, authorize the subsequent administrative approval by the City Manager or designee of a future event or use that recurs on a regular basis (e.g., approved events or uses recurring annually, or approved events or uses recurring seasonally but no more than four (4) times per calendar year) at specific locations except as provided in section 675-20(F) and section 675-20(G). Recurring events subject to administrative approval shall be consistent with all terms and conditions provided in the original resolution providing for temporary use approval. (C) Notwithstanding the provisions of this section, the following temporary uses are authorized in the commercial, industrial and CRA mixed -use districts, and on lots developed for assembly and institutional uses in other zoning districts subject to approval of the City Manager or designee after staff review and recommendation, as provided in this subsection. The City Manager or designee may require City Commission approval of any temporary use or special event which is normally subject to administrative approval under this subsection, if the City Manager or designee has determined that neighboring property may be impacted by the proposed event. (1) Temporary sales of a seasonal nature (e.g., holiday sales of Christmas trees, pumpkins for Halloween), excluding fireworks and sparklers; and (2) Events with less than five -hundred (500) persons in attendance. (D) The following temporary uses are permitted without further review, in connection with development projects which are subject to City Commission approval, unless the use was previously reviewed during the site plan approval process, in which case administrative approval is authorized. (1) Offices for sale of real estate or for persons engaged in the development, within temporary buildings or office trailers which are approved consistent with all building permit submittal requirements for temporary structures. (2) Construction materials storage and processing. (3) Equipment storage. (4) Model homes or sample apartments. (5) Activities of religious, institutional, or governmental entity under construction, reconstruction, renovation or enlargement. (6) Ground -breaking ceremonies on the site of a future development. (7) TeMporgg parking associated with construction of anqpproved site plan. Section 3. If any clause, section, sentence or phrase of this Ordinance is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. 13 ORDINANCE #2021-018 SECOND READING Section 4. All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. This Ordinance shall be in force and take effective immediately upon its passage and adoption. PASSED on first reading on June 22, 202 1. PASSED AND ADOPTED on second reading on August 24, 202 1. ATTEST: — -- -16 TH 0 M XA"S5 CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: J. CITY A IE 4 TAMARAJAME� MAYOR 14 ORDINANCE #2021-018 SECOND READING