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Home My WebLink AboutO-2003-039 Perimeter landscaping requirement for roadways area as to the LAC ORDINANCE NO. 2003-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 26, "VEGETATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTIONS 26-51 AND 26-52 TO PROVIDE PERIMETER LANDSCAPING REQUIREMENTS FOR AREAS ABUTTING ROADWAYS WHICH AREAS LIE WITHIN AND OUTSIDE OF THE AREA DESIGNATED AS THE "LOCAL ACTIVITY CENTER"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 26, "Vegetation", of the Code of Ordinances of the City of Dania Beach, Florida, Sections 26-51 and 26-52 are amended to read as follows: Sec. 26-51. Perimeter landscape requirements for business, commercial and industrial properties. A five-foot landscape buffer shall be provided around the perimeter of the property except for areas required to provide landscape buffers in accordance with section 26-50 and except for areas abutting public streets located outside the Local Activity Center boundary, where a ten (10) foot buffer shall be required. Such landscape buffer shall contain one (1) tree for each forty (40) linear feet and a row of hedges. Sec. 26-52. Perimeter landscape requirements for multifamily residential properties. A five (5) foot landscape buffer shall be provided around the perimeter of the property except for the following areas: (a) aAreas required to provide a landscape buffer in accordance with section 26- 47(b), (c). (b) Areas abutting Trafficways as designated on the Broward County Trafficway Plan located outside the Local Activity Center boundary where a fifteen (15) foot landscape buffer shall be required. (c) Areas abutting local public streets located outside the Local Activity Center boundary where a ten (10) foot landscape buffer shall be required. Provided however, a five (5) foot landscape buffer shall be allowed if the property on the opposite side of the street is used or zoned for townhouse, multifamily, or non- residential use or if the City Commission determines that based on the size, width depth configuration or location of the development parcel, it is impractical 1 ORDINANCE NO. 2003-039 to provide the required ten (10) foot landscape buffer, but in no case shall the landscape buffer be less than five (5) feet. In the event :more than one of the above subsections applies, the most restrictive subsection (i.e., the one requiring the widest buffer) shall be used. No walls or fences shall be permitted within any of the above referenced landscape buffers. Said Each landscape buffer shall contain a continuous row of hedges and one (1) tree for each thirty (30) linear feet. Section 2. That except as amended above, all other provisions of Chapter 26 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. 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 this ordinance shall take effect upon adoption. PASSED on first reading on October 14, 2003. PASSED AND ADOPTED on second reading on October 28, 2003. AOB NTON O/ MAYOR — C MMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES CHAR—LE—NE JO N (% COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AST FORM AND CORRECTNESS: BY: THOM J. ANSBRO CITY ATTORNEY 2 ORDINANCE NO. 2003-039 AGENDA REQUEST FORD CITY OF DANIA REACH AGENDA ITEM NO. • %3 1. DATE OF COMMISSION MEETING: OCTOBER 28, 2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — CHAPTER 26 - VEGETATION - PERIMETER LANDSCAPING 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE —2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: TEXT AMENDMENT AMENDING REQUIREMENTS FOR STREET LANDSCAPING AND BUFFER DEPTH FOR COMMERCIAL, INDUSTRIAL AND MULTIFAMILY USES. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board reviewed this request at their September 17, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Date October 15,2003 Community Development Department City Manager Date • CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: October 14, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G.RE: Text Text Amendment: Perimeter Landscaping APPLICANT: Department of Community Development Some City Commissioners expressed concern that recent developments do not provide a sufficiently wide perimeter landscape buffer area, including areas adjacent to walls. Recommended changes can be generally summarized accordingly: Local Activity Center CLACO Area: 5 feet recommended (5 feet required today). Commercial Areas (excluding LAC): 10 feet recommended (5 feet required today). Residential Areas (excluding LAC): ® A five (5) foot landscape buffer is required unless exceeded by one of the following: (a) Areas abutting Major Roads (Trafficways): Fifteen (15) foot landscape buffer required. (b) Areas abutting local public streets: Ten (10) foot landscape buffer shall be required. Provided however, a five (5) foot landscape buffer shall be allowed under either of the following circumstances: 1. The property on the opposite side of the street is used or zoned for townhouse, multifamily, or non-residential use. 2. The City Commission determines that based on the size, width, depth, configuration, or location of development parcel, the Commission may reduce the buffer width to five (5) feet. (c) No walls or fences may be located in the buffer area. Today, required buffers are vary from zero (0) feet for single family development to ten (10)feet for multifamily and townhouse. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION ® Approval. CITY OF DANIA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT ®ATE: October 28, 2003 TO: Ivan Pato, City Manager !VIA: Laurence Leeds, AICP, Director G, G�— RE: Text Change: Perimeter Landscaping (Second Reading) APPLICANT: Department of Community Development Some City Commissioners expressed concern that recent developments do not provide a sufficiently wide perimeter landscape buffer area; including areas adjacent to walls. Recommended changes can be generally summarized accordingly: Local Activity Center CLACO Area: 5 feet recommended (5 feet required today). • Commercial Areas (excluding LAC) 10 feet recommended (5 feet required today). Residential Areas (excluding LAC): A five (5) foot landscape buffer is required unless exceeded by one of the following: (a)Areas abutting Major Roads (Trafficways): Fifteen (15) foot landscape buffer required. (b)Areas abutting local public streets: Ten (10) foot landscape buffer shall be required. Provided however, a five (5) foot landscape buffer shall be allowed under either of the following circumstances: 1. The property on the opposite side of the street is used or zoned for townhouse, multifamily, or non-residential use. 2. The City Commission determines that based on the size, width, depth, configuration, or location of development parcel, the Commission may reduce the buffer width to five (5) feet. • (c) No walls or fences may be located in the buffer area. Today, required buffers are vary from zero (0) feet for single family development to ten (10) feet for multifamily and townhouse. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. •