HomeMy WebLinkAboutO-2003-046 Supplementary use regulations of chapter 28 zoning ORDINANCE NO. 2003-046
AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING CHAPTER 28 "ZONING,"
ARTICLE 6 "SUPPLEMENTARY USE
REGULATIONS," SECTION 6.60 "MISCELLANEOUS
USES," SUBSECTION 6.64 "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY"
OF THE CITY CODE OF ORDINANCES, TO MODIFY
THE THRESHOLD FOR COMPLIANCE WITH THE
STANDARDS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach has adopted
Principal Arterial Design Standards, applicable to certain commercial development
located on the City's principal arterials, as currently provided in Subsection 6.64 of
Article 6 "Supplementary Use Regulations" of Chapter 28 "Zoning" of the City Code of
Ordinances; and
WHEREAS, the City Commission desires to modify the threshold for the
applicability of these standards; and
WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local
planning agency, has reviewed this Ordinance at a duly noticed hearing, and
recommended its approval to the City Commission; and
WHEREAS, the City Commission finds that this Ordinance is consistent with
the comprehensive plan, and is necessary for the preservation of the public health,
safety and welfare of the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated
as the legislative intent of this Ordinance.
Section 2. Revision to Principal Arterial Design Standards. That Chapter 28
"Zoning," Article 6 "Supplementary Use Regulations," Section 6.60 "Miscellaneous
Uses," 6.64 "Principal Arterial Commercial Design Standards Overlay" of the City
Code of Ordinances is hereby amended as follows:
ARTICLE 6. SUPPLEMENTARY USE REGULATIONS.
Sec. 6.60. Miscellaneous Uses.
1 ORDINANCE NO. 2003-046
* * *
6.64 PRINCIPAL ARTERIAL COMMERCIAL DESIGN
STANDARDS OVERLAY
* * *
(3) Applicability.
a. This section shall apply to all new commercial development in
the Dania Principal Arterial Overlay District, including any
modifications, additions, or renovations to building exteriors fronting
on a principal arterial listed in subsection (2) above, additiffils OF
t:etievatiofis in exeess f to thousand dollars ($10 000 nm within,
twelve month or signage changes in excess of five hundred
dollars ($500.00), as determined by the city.
b. The city commission may approve exceptions to this section as
conditions to a site-plan approval provided that the following has
been found:
1. There are circumstances peculiar to the site and/or the
intended use that makes compliance with a particular requirement
of this Section impracticable; and
2. There have been offered by the applicant significant
enhancements to other pertinent aspects of the site that the city
commission determines will offset any negative impact that an
exception to these standards might otherwise create.
c. The Director of the Community Development Department or his
or her designee may waive the application of this section to
development that does not require a site plan approval, upon finding
that the requested development is so minimal that a waiver will not
undermine the accomplishment of the objectives of this section.
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 immediately at the time of its
• passage and adoption.
Added text is shown as underlined. Deleted text is shown as strife Omitted
text, which is not being amended by this ordinance, is indicated by"* * *."
2 ORDINANCE NO. 2003-046
• PASSED on first reading on November 25, 2003.
PASSED AND ADOPTED on second reading on December 8, 2003.
OB NT
MAYOR ZCOMMISSIONER
AT ES ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHAR ENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON- YES
APPROVED AS O F RM AND CORRECTNESS:
BY: "I ��-
THO_MA7 0. A SBRO
CITY ATTORNEY
Added text is shown as underlined. Deleted text is shown as stfi,etlff,,,,g . Omitted
text, which is not being amended by this ordinance, is indicated by"* * *."
3 ORDINANCE NO. 2003-046
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. •
1. DATE OF COMMISSION MEETING: DECEMBER 8, 2003
2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT—PRINCIPAL ARTERIAL COMMERCIAL
DESIGN STANDARDS (2ND READING)
3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE —2ND
READING
4. SUMMARY EXPLANATION & BACKGROUND:
TEXT AMENDMENT AMENDING THE ZONING CODE CURRENTLY REQUIRES, ALONG PRINCIPAL
ARTERIAL ROADS, THAT NEW COMMERCIAL DEVELOPMENT ADDITIONS OR RENOVATIONS IN
EXCESS OF TEN THOUSAND DOLLARS ($10,000.00) BE SUBJECT TO THE PRINCIPAL ARTERIAL
COMMERCIAL DESIGN (-PAD') GUIDELINES.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Ordinance
Staff report
• Public Hearing Notice
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 November 19, 2003 regular
meeting. See Staff Report for recommendation
Submitted by:
Laurence G. Leeds, AICP, Director Date December 1,2003
Community Development Department
City Manager Date
• CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: December 8, 2003
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
SUBJECT: Principal Arterial Commercial Design Standards
Text Amendment (SECOND READING).
APPLICANT: Community Development Department
The Zoning Code currently requires, along Principal Arterial
Roads, that new commercial development additions or renovations
in excess of ten thousand dollars ($10,000.00j be subject to the
Principal Arterial Commercial Design ("PAD") Guidelines.
PAD Guidelines (attached) provide generalized regulations for
building facades relating to architecture, landscaping, window
is
treatment, and in limited instances, building color. The Planning
and Zoning Advisory Board and the City Commission currently
enforce the PAD Guidelines as part of the site plan review process.
Site plan review is required for additions in excess of 500 square
feet.
Most of the facade renovations occurring along U.S. 1, Stirling,
Griffin Road, and Sheridan do not require site plan review and
cost less than $10,000, exempting them entirely from PAD
Guidelines.
The proposed text amendment would require exterior renovations
(regardless of cost) to comply with PAD requirements if they meet
the following criteria:
1) The exterior renovation must directly abut a Principal
Arterial Roadway.
2) The property shall be zoned "commercial'.
3) The exterior renovation shall be an improvement that
requires a building permit (ie. repair work shall not be
• subject to PAD guidelines).
If site plan review is required, the Commission would have the
• discretion to waive all or part of the PAD Guidelines. If site plan
review is not required, staff would have the discretion to waive all
or part of the PAD Guidelines.
PLANNING AND ZONING BOARD RECOMMENDATION
On November 19, 2003 the Planning and Zoning Advisory Board
recommended approval of this text amendment subject to the
following:
a These regulations shall be applicable for all improvements
more than $500.00; and,
® This provision sunset after five (5) years following adoption.
STAFF RECOMMENDATION
Approval with the five year sunset provision (Staff does not
support the $500.00 minimum requirement suggested by the
Planning and Zoning Advisory Board).
•
• CURRENT ORDINANCE: PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY
(1) Objectives of this section:
a. The following standards are established for commercial
development along principal arterials to ensure that such uses shall be
compatible with other uses permitted in the same district and to protect
the public health, safety and welfare of the community.
b. The purpose of the standards in this section is to promote design,
which is architecturally compatible with the surrounding area and the
design goals of the City of Dania.
C. These standards are designed to promote development and
redevelopment where the physical, visual and spatial characteristics are
established and reinforced through the consistent use of compatible
urban design elements. Such elements shall relate the design
characteristics of an individual building or project to the other existing
and planned structures in a harmonious manner, resulting in a coherent
® overall development pattern and streetscape.
d. The standards in this section are intended to discourage generic
suburban development types that bear little relation to the historic
development pattern of Dania.
e. It is the purpose of this section to provide a process to ensure
that historically and architecturally significant structures are conserved to
the maximum extent feasible.
(2) Delineation of the overlay district.
The Dania Principal Arterial Overlay District shall be superimposed upon
all commercially zoned properties that front on or are immediately
adjacent to any of the following roadways within the City of Dania:
a. Griffin Road from the western city limits to the intersection with
U. S. 1;
b. Stirling Road from the western city limits to the intersection with
U. S. 1;
c. Sheridan Street along it's north side from the intersection of
U. S. 1 to the eastern limits of the city;
• d. Dania Beach Boulevard from the intersection with U. S. 1 to
the eastern limits of the city; and
e. U. S. 1 from its intersection with Griffin Road on the north to its
intersection with Sheridan Street on the south.
f. Bryan Road from its intersection with Old Griffin Road on the
north to its intersection with Stirling Road on the south.
g. Anglers Avenue from the northern city limit at State Road 84 to
its southern city limit on Stirling Road.
(3) Applicability.
a. This section shall apply to all new commercial development,
additions or renovations in excess of ten thousand dollars ($10,000.00)
within any twelve-month period or signage changes in excess of five
hundred dollars ($500.00) as determined by the city.
b. The city commission may approve exceptions to this section as
conditions to a site plan approval provided that the following has been
found:
1. There are circumstances peculiar to the site and/or the
intended use that makes compliance with a particular requirement
of this Section impracticable; and
2. There have been offered by the applicant significant
enhancements to other pertinent aspects of the site that the city
commission determines will offset any negative impact that an
exception to these standards might otherwise create.
(4) Appearance.
a. All structures on a site shall create a unified architectural theme.
b. Building walls exposed to public view shall be designated and
articulated through the use of a coherent and clear architectural design
consistent with the character of the building and the street. Buildings
shall be designed to incorporate rhythms in form, construction details
and natural light and ventilation courts.
C. Buildings facing a public street or interior courtyard space shall be
architecturally emphasized through entrance treatment, fenestration,
and building details. Buildings with more than one facade facing a public
. street shall provide treatment for each facade.
d. Roofs shall be pitched with generous overhangs. The roofing shall
be incombustible material such as shingle, clay tile, cement tile, or
metal.
e. Roof and exterior wall surfaces, with the exception of glass areas
shall be nonreflective. Reflective or mirrored type glazing at ground level
visible from the sidewalk is prohibited.
f. The use of flat steel or metal panels for the exterior walls shall not
be permitted.
g. The rear and sides of buildings shall be finished with material that
in texture and color resembles the front of the building.
h. Glass windows and doors must make up thirty-five (35) percent of
the primary elevation and fifteen (15) percent of the secondary
elevation.
i. The coloration of all buildings shall be nature blending with a
maximum of three colors exclusive of roof. The use of "earth tone" or
light pastel colors shall be encouraged. Semi-transparent stains are
recommended for application on natural wood finishes.
j. Canopies, if utilized, shall be restricted to a clearance of fourteen
(14) feet in height and shall be consistent with the main building design.
The canopy columns shall be architecturally finished to match the
building.
k. Work area or storage doors and open bays shall not open toward
or otherwise be visible from any of the designated principal roads.
I. Heating, ventilation and air conditioning equipment, duct work, air
compressors, other fixed operating machinery shall be either screened
from view or located so that such items are not visible from the
designated arterial, adjacent residential properties or intersecting streets.
M. No temporary structures shall be permitted, except those used in
conjunction with and during construction projects. Office-type mobile
units when used as temporary facilities shall be screened from view from
the designated arterial and equipped with rigid skirting on all sides. Any
Otowing gear shall be removed, and if not removable, shall be screened
from the designated arterial.
n. A minimum distance of eight (8) feet shall be maintained between
• any building, including any walkway immediately adjacent thereto, and
the parking area. This space is to be reserved for walkways and
landscaping, either existing or planned. A minimum, three-foot wide
strips for plant material is required. No such space is required at the
sides or rear of the building unless there is an adjoining residential use.
5) Landscaping.. walls and fencing.
Commercial development must comply with section 26-41 landscaping
requirements as well as the items specified below:
a. Landscaping must be compatible with the existing landscaping of
the surrounding community.
b. Street tree requirements shall be altered to require palm clusters
on the ends of landscape buffers. The palm clusters shall consist of three
(3) palms with a minimum height of thirteen (13) feet.
C. The use of planters and window boxes shall be incorporated into
the overall landscape design of the building and the site.
• d. Where hedges are utilized a tiered effect is required.
9 q
e. Landscaped areas shall be surrounded with a six-inch raised
concrete curb. Grade within areas to be landscaped shall be raised to
curb-height.
f. Chain link, barbed wire and similar fencing along a designated
arterial are prohibited. Where such fencing can be viewed from a
designated arterial, landscaping and/or berming shall be provided to
minimize visibility from the designated arterial.
g. Perimeter walls if utilized shall be architecturally compatible with
the principal structure.
(6) Reserved.
(7) Location criteria for commercial development having
drive-up facilities.
a. No drive-up facility may be located within five hundred (500) feet
of an existing facility located on the same side of the designated arterial.
Such distance shall be measured from the point of ingress or egress of
an existing site to the point of ingress or egress of the proposed site.
b. Existing drive-up facilities located closer than five hundred (500)
feet may be improved or upgraded provided they are able to meet the
other requirements of this section.
• �WA
CITY OF DANIA BEACH
I061ts10AC#HNDIA6NT5 1'� � I�,^p,�0
CY f, �1i'O
NOTICE IS HEREBY GIVEN that a public hearing:will be
held beforeahe City Commission ofthe City of Dania
Beach on December 8,2003 at 7:00 p.m.,or as soon
thereafter as possible;in the Dania Beach City Com-
mission Roost AJIpinistrative Center,100 West Dan
Beach Blvd,flan a Beach;Florida 33004,for the PUf-
pose Of considerin adoption on 2r and final reads
of proposed tent cgiangest0 the Dania Beach Code of
Ordinances.a;follows
Revision to Zoning,in.Progress AN ORDINAMM OF
THE CITY OF DANIA OEACH FLORIDA PERTA�Itt��''NG,TO
ZONING,AMENIQjig0 CHAPTER 28'2ONiNG'ARTIC'lE 9
'ADMINI$TRAT►O1� ANC: ENFORCEDM{�W,SECTION
9.24A 'AU111 TY TO WITHHOLD PERIN1f&iANO LI=
CENSES;ZONING.IN PROGRESS'OF.THE CODE OF OR-
DINANCES TO ALTER THE PROCEDURE FOR DECLARING
AND ENFORCING ZONING IN PROGRESS WITHIN THE
CITY AND EXPAWTHE ZONING MATTERS SUBJECT TO
THE PROCEDURE; PROVIDING:FOR:CONFLICTS; PRO-
VIDING A SAVINGS CLAUSE;PROVIDING FOR SEVERA+
BILITY FURTHIAR,,..PROVIDING FOR AW EFFECTIVE
DATE:ReV
ISIOnS CITY OP DPark:ANIA BEAimpact CH,FLORIDA PET
NANCE Of.
THE NING T
DEDICATION OP LAND AND FEES IN LIEU,TOFREOF FOR
P RKS,'OPEN SPACE.AND AECREATION7 AMENDING
CF�APTEqq 19'PLANNING AND DEVELOPMENT'ARTICLE
VI 'DEpICATION OF LAND.FOR PARKS, OPEN SPACE
ANDRECREATION AREAS'SECTIONS 19.71 AND'19.72
OF THE.CODE OF ORDINANCES TO PROVIDE FOR DEDI-
CATION OFLAND OR FEE IN LIEU THEREOF.WHEN A
BUILDING.PERMIT FOR:A'.RESIDENTIAL UNIT IS
RE-
G P ; CONFLICTS; PROVIDING
PRODNG FOR SEVERABILY;
,
FURTHER,PROVIDING FOR AN EFFECTIVE DATE:
Revisions to Sign Code,-AN• ORDINANCE,'AMENDING CHAPTER 29,70NING'OF THE CODEOF ORDINANCES
OF THE CITY OF DANIA BEACH;FLORIDA,BY AMEND
ING ARTICLE 2'DEFINI,TIONS!AND ARTICLE 28'SIGNS'
TO REVISE AND_UPDATE THE,CITY S SIGN REGULA-
TIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;-FURTHER,PROVIDING FOR„AN EFFEC-
TIVE GATE:
Principal Arfarlal Design Regulations-AN ORDINANCE
OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING
CHAPTER.28"ZONING,"ARTICLE 6".SUPPLEMENTARY
USE REGULATIONS,'.SECTION 6.60"MISCELLANEOUS
USES;SUBSECTION 6.64"PRINCIPAL ARTERIAL COM-
MERCIAL DESIGN STANDARDS OVERLAY"OF THE CITY
CODE OF ORDINANCES;TO MODIFY THE THRESHOLD
FOR COMPLIANCE WITH THE STANDARDS;PROVIDING
FOR CONFLICTS;.PROVIDING FOR SEVERABILITY;AND
PROVIDING FOR AN EFFECTIVE DATE.'
Copies of the proposed changes are available for
viewing in.the Department of Community Develop-
ment,100 West Dania Beach,Slvd.,Dania Beach,Flori-
da between the hours of,9:00 a.m. and 4:00 p.m.,
Monday Friday please call(954)924-3646 for more
Information. Interested parties may appear at the
public hearing and be heard with respect to the pro-
posed petition.
in accordance with the Americans With Disabilities
Act,persons needing assistance to participate In any
of these proceedings should contact Charlene John-
son, CI Clerk, 100 W. Dania Beach Blvd, Dania
Beach, L 33004,.(954)924-3622, at least 48 hours
prior to meeting.
Any person who decides to appeal any decision made
by the City Commission with regard to any matter
considered at this meeting or hearing will need a
record of the proceedings and for such purpose ma
need to ensure that a verbatim record of the proceed-
ings Is made, which record includes the testimony
and evidence upon which the appeal is to based.
LOU Ann Cunningham
Planning Associate
Novembef 28,2008 .
•
( Boggs—flute 'ion & Associates, Inc.
L Professional Surveyors 2411 Hollywood Blvd.
Hollywood, Florida 33020
LAND SURVEY CERTMED STD: Phone (305) 922-4579
• N I L L I A M SI ram
LOT 3, BLOCK 1, 'SHELTER ISLANDS 1ST ADDTTKIM, ACCORDING
TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 49, AT PAGE 44
OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA.
PROPERTY ADDRESS;
829 ARGONAUT ISLE 3 2003
DANIA, FLORIDA OC1 2
70.
i. MICHAEL F. WILLIAMS do ANITA WILLIAMS. AS HUSBAND do WIFE
2. LAW OFFICES OF FRANCIS %. CASTORO, PA
3. ATTORNEYS' TITLE INSURAN--£ FUND. INC.
4. BANCBOSTON MORTGAGE CORP.•
ITS' SUCCESSORS AND/OR ASSIGNS.
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REVISIONS I hereby certify that I hove made a recent survey of the above
described property. and It is true and correct to the beat of my
knowledge and belief. I also certify that there are no above
ground encroachments, unless otherwise noted. I further
Underground locations and/or underground encroachments, if certify that the survey represented hereon meets the MINIMUM
an , are not shown unless otherwise indicated. TECHNICAL `STANDARDS adopted by the Florida Board of Land
Thla survey was not abstracted for easements and/or right-of- pursuSurveant tonSection 472ter .027. Florida StatGi7-6 of the utes Administrative Code,
way of record.
and are indicated by being underlined.
Elevations are relative to National Geodetic Vertical Datum of 1929
Dated thief dos'of—_LrOVF]deER 1 g 95 A.D.
Benchmark:�Uf NNL IN N w FAIF nc oo .r y CC �� �r n w
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