Loading...
HomeMy WebLinkAboutO-2002-011 ORDINANCE NO. 2002-011 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 27 "INDUSTRIAL- RESEARCH-OFFICE-MARINE (IROM)" DISTRICT TO CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; AND BY AMENDING ARTICLE 30 "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC)" DISTRICT TO CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach has reevaluated the suitability of the permitted, special exception and prohibited uses in the Industrial-Research-Office-Marine (IROM) and Industrial-Research-Office- Commercial (IROC) Districts, and considered whether they advance the intent of those districts; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and 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. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida ("Chapter 28"), Article 27, "Industrial-Research-Office- Marine (IROM) District," is amended to read as follows: ARTICLE 27. INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT Section 27.20. Permitted uses. No building, structure, land, water, or part thereof, shall be erected, altered, or used, nor shall the premises be used in whole or part for other than one or more of the following specified uses: ORDINANCE NO. 2002-011 (e) Accessory retail uses within an office, er industrial, or office-showroom- warehouse building, not to exceed twenty (20) percent of the gross floor area of the office er industrial, or office-showroom-warehouse building. Retail uses as a principal use as permitted and regulated by section 27.20 (v) 4. of this Article. (f) Marine-related retail, within a completely enclosed building, as an accessory use to a an establisher) marina, AF marina complex, or office- showroom-warehouse complex. (g) Marine-related retail use within a completely enclosed building as a grin^in-,�,-pal U, subject to the provisions of the City of Dania Beach Future hL'and Use Element and Broward County Land Use Plan. (n) Sales, leasing, display, or storage of fully-assembled new boats (including new boat trailers) in a front, street, side, or rear yard if separated from the adjacent roadways or rights-of-way by landscaping pursuant to the requirements of the Zoning Code and Chapter 26 (Vegetation) of the City Code. Provided however, above ground storage of boats in any structure shall be regulated as a special exception use pursuant to section 27.40 (h) of this Article. (p) Assembly halls exhibition halls Convention and conference centers. Section 27.30. Prohibited uses. The permitted enumerated uses in section 27.20 above shall not be construed to include any of the following prohibited uses, which are indicated for emphasis and clarification: (ff) Delivery senyines as a principal use (fig) Adult entertainment. (gg##)Container storage. 2 ORDINANCE NO. 2002-011 Section 27.40. Special exception uses. The following special exception uses may be permitted subject to special exception review by the planning and zoning advisory board and the city commission as per section 10.12 of the Zoning Code. (a) Electrical substations or related electrical facilities, excluding electrical generating facilities, when located at least 500 feet from any property with a "Residential" Land Use Plan designation. (b) Water or sanitary sewer treatment facilities, when located at least 500 feet from any property with a "Residential" Land Use Plan designation (c) Entertainment use, not to inGli de adult entertainment. (d) . (e) Retail boat fuel sales, clearly incidental and accessory to an established marina, in conjunction with boat sanitary waste pump-out facilities, unless said waste pump out facilities are expressly waived by the city commission as part of the special exception review process. (ef) Storage or warehouse facilities containing less than ten (10) percent office or showroom space subject to the following: 1. The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights- of-way or adjoining residential areas. This may include pedestrian scale architectural treatment, significant use of window and door glass, landscaping directly adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within interior areas between buildings, or within interior side yards. 2. Distribution permitted as an accessory use clearly incidental to the primary light industrial use. 3. Outdoor storage of materials, supplies, machinery, equipment, components, or parts shall be prohibited. 4. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed 25% of the site area. (fg) Gym or health club, ovorniso fanility nr ITGf sports arena. � T�i . 3 ORDINANCE NO. 2002-011 (g) Distribution or delivery facility as a principal use subject to the following additional conditions: 1. The office floor area, showroom floor area, or any combination of office and showroom floor area, shall comprise at least 10% of the total gross floor area of the building(s). 2. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed 25% of the site area. 3. The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building,, particularly in those portions of the building(s) facing public rights- of-way or adjoining residential areas. This may include pedestrian scale architectural treatment significant use of window and door glass, landscaping directly adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within interior areas between buildings, or within interior side yards. 4. Outdoor storage of any materials, supplies, machinery, equipment, components, or parts shall be prohibited. h. Storage of boats above ground within a fully enclosed building. Section 2. That Chapter 28, Article 30, "Industrial-Research-Office- Commercial (IROC) District," is hereby amended as follows: ARTICLE 30. INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT Section 30.20. Permitted uses. No building, structure, land, water, or part thereof, shall be erected, altered, or used, nor shall the premises be used in whole or part for other than one or more of the following specified uses: (e) Accessory retail uses within an office, or industrial, or office-showroom- warehouse building, not to exceed twenty (20) percent of the gross floor area of the office or industrial or office-showroom-warehouse building. Retail uses as a principal use as permitted and regulated by section 30.20 (z) 5. of this Article. 4 ORDINANCE NO. 2002-011 ® (f) Marine-related retail, within a completely enclosed building, as an accessory use to a an establisheyl marina, or marina complex, or office- showroom-warehouse complex. (g) Marine-related retail use within a completely enclosed building as a e, subject to the provisions of the City of Dania Beach Future Land Use Element and Broward County Land Use Plan. (n) Sales, leasing, display, or storage of fully-assembled new boats (including new boat trailers) in a front, street, side, or rear yard if separated from the adjacent roadways or rights-of-way by landscaping pursuant to the requirements of the Zoning Code and Chapter 26 (Vegetation) of the City Code. Provided however, above ground storage of boats in any structure shall be regulated as a special exception use pursuant to section 30.40 (h) of this Article. (q) Assembly halls exhibition halls Convention and conference centers. (y) Private sports or athletic training facility within a fully enclosed building, not available to the general public for viewing or participation. Section 30.30. Prohibited uses. The permitted enumerated uses in section 30.20 above shall not be construed to include any of the following prohibited uses, which are indicated for emphasis and clarification: ( Adult entertainment. (ggh#)Container storage. Section 30.40. Special exception uses. The following special exception uses may be permitted subject to special exception review by the planning and zoning advisory board and the city commission as per section 10.12 of the Zoning Code: 5 ORDINANCE NO. 2002-011 (a) Electrical substations or related electrical facilities, excluding electrical generating facilities, when located at least 500 feet from any property with a "Residential" Land Use Plan designation. (b) Water or sanitary sewer treatment facilities, when located at least 500 feet from any property with a "Residential" Land Use Plan designation (c) Entertainment use, REA to ORG1 irJo adult entertainment. (d) . {e} Gym or health club, or sports arena epen to the general publiG. (e Kennels located within a completely enclosed building when located at least five hundred (500) feet from any property with a "Residential" Land Use Plan designation. (g) Distribution or delivery facility as a principal use subject to the following conditions: 1. The office floor area, showroom floor area, or any combination of office and showroom floor area, shall comprise at least 10% of the total gross floor area of the building(s). 2. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed 25% of the site area. 3. The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights- of-way or adjoining residential areas. This may include pedestrian scale architectural treatment, significant use of window and door glass landscaping directly adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within interior areas between buildings, or within interior side yards. 4. Outdoor storage of any materials, supplies, machinery, equipment, components, or parts shall be prohibited. h. Storage of boats above ground within a fully enclosed building. Section 3. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. 6 ORDINANCE NO. 2002-011 Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this ordinance are repealed. Section 5. 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 6. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. Section 7. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on February 26, 2002. PASSED AND ADOPTED on second reading on March 12, 2002. PPROVED: I bl H N V BERT I C U N, JR AYOR-COMMISSIONER JA TAE T: ROLL CALL: COMMISSIONER BERTINO- YES COMMISSIONER MCELYEA - YES CHARLENE j tV,NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY -YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY ® UASusan T\Dania Beach\IROM\IROM and IROC use changes.doc 7 ORDINANCE NO. 2002-011 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 03/12/02 2. DESCRIPTION OF AGENDA ITEM: IROCIIROM ORDINANCE 2ND PUBLIC HEARING -TEXT AMENDMENT ORDINANCE OF THE INDUSTRIAL- RESEARCH - OFFICE -COMMERCIAL ZONING DISTRICT(IROC) &THE INDUSTRIAL-RESEARCH-OFFICE- COMMERCIAL ZONING DISTRICT (IROM). 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: INDUSTRIAL-RESEARCH-OFFFICE-COMMERCIAL (IROC) TEXT AMENDMENTS INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM)TEXT AMENDMENTS 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): STAFF MEMORANDUM IROC ORDINANCE (PROPOSED CODE AMENDMENTS) HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approved this request at their February 20, 2002 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date March 4, 2002 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: March 12, 2002 City Commission Public Hearing SUBJECT: SECOND PUBLIC HEARING: Proposed Text Change Amending Portions of the Industrial-Research-Office-Marine (IROM) and Industrial-Research-Office-Commercial (IROC) Zoning Districts APPLICANT: Growth Management Department Between the late 1970's and 1995, Dania Beach annexed over 150 "industrial zoned" parcels in the area between the C-10 Canal and SW 30th Avenue, west of 1-95. Nearly all of these properties had a Broward County "Manufacturing" (M-1, M-2, or M-4) zoning designation. The Broward County "M" zoning districts allowed heavy industrial uses and outdoor storage activities. These uses are incompatible with quality office/warehouse facilities currently being constructed in the City. In 1998, the City Commission adopted the Industrial-Research-Office-Marine (IROM) zoning district as an alternative to the County "M" zoning districts. IROM was also intended to encourage and support marine industry uses, hence the name Industrial-Research-Office-Marine. While the IROM district was created in 1998, no property would be rezoned to [ROM until August, 2000. In 2000, the City Commission adopted the Industrial-Research-Office- Commercial ("IROC") zoning district. The IROC district was created when it became evident that the concentration and diversity of commercial uses along the CSX Railroad corridor (south of Griffin Road) justified a separate industrial zoning category, hence the name, Industrial-Research-Office-Commercial. IROC was specifically intended for application to industrial properties bound by Stirling Road on the south, Griffin Road on the north, Interstate 95 on the east, and the CSX Railroad on the west. In August, 2000, the City Commission rezoned M-1, M-2, and M-4 properties within municipal limits to IROM or IROC. It has been over a eighteen months since the IROM/IROC rezonings, and staff has had opportunity to meet with landowners, developers, and potential developers regarding site specific application of the IROM and IROC zoning districts. The attached text changes are partly in response to comments from landowners and developers. The attached IROM/IROC text changes are also intended to reflect recent changes to the Future Land Use Element. New language is underlined. Deleted language is StFUGk thFOUgh. STAFF RECOMMENDATION Approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. 6pp , .' k •f D The Herald TUESDAY,MARCH 5,2002 eno :CITY OF DANIA BEACH j'. r ; ':•F P t NOTICE OF PUBLIC HEARING NOTICE OF ZONING CODE CHANGE x .. p The City Commission of the City of Dania Beach proposes to adopt the following ordinances: I` Date: Tuesday, March 12, `Time: 7:00 p.m., or as soon thereafter as possible 'Place: City Commission Room a Dania Beach Administrative Center 100 West Dania Beach Blvd t Dania Beach, Flolrida 33004 f. AN ORDINANCE.AMENDING CHAPTER;28,"ZONING" OF THE CODE OF ORDINANCES *OF THE CITY OF DANIA BEACH', FLORIDA, BY AMENDING ARTICLE XXVI, SECTION ; 26.10(a) TO. APPLY LOCATIONAL RESTRICTIONS TO ASTROLOGISTS;. FORTUNE- TELLING, PALMISTRY AND PHRENOLOGY USES 'AS PERMITTED IN THE COMMUNITY 'BUSINESS (B-2), PLANNED BUSINESS .(B-2A),,SPECIAL BUSINESS,(B-2B), GENERAL ' BUSINESS. (B-3) AND COMMERCIAL '(C-1) ZONING - DISTRICTS; PROVIDING FOR :CONFLICTS;. "PROVIDING FOR SEVERABILITY- FURTHER, PROVIDING FOR AN .: EFFECTIVE DATE._(First Public Hearing)li� BAN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE.CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA'BY AMENDING ARTICLE 27 "INDUSTRIAL- RESEARCH-OFFICE-MARINE .:(IROMp' °DISTRICT TO-- 'CHANGE THE 'LIST OF PERMITTED, SPECIAL EXCEPTION AND .PROHIBITED USES; ,,AND `BY AMENDING PARTICLE-30 "INDUSTRIAL-RESEARCH-OFFICE-'COMMERCIAL (IROC).' DISTRICT TO CHANGE THE LIST OF- PERMITTED SPECIAL'EXCEPTION AND PROHIBITED USES; PROVIDING FOR CONFLICTS; PROVIDING FOR-SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Second Public Hearing) aAN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE'CODE OF ORDINANCES OF THE CITY OF DANIA.BEACH;, FLORIDA, ,BY AMENDING ARTICLE IV. .."DISTRICT +REGULATIONS," SECTION 4.20"APPLICATION OF,REGULATIONS"TO ADD FORTUNE F TELLERS,. PALMISTS,, CLAIRVOYANTS AND. ASTROLOGISTS Tor- THE LIST.:::OF PERMITTED USES FOR THE C-3."GENERAL BUSINESS DISTRICT,";WITH LOCA . AL :" RESTRICTIONS; PROVIDING FOR CONFLICTS;. PROVIDING FOR SEVERABILITY, FURTHER, PROVIDING.FOR AN EFFECTIVE DATE. (Second Public Heanng) w �. ' ? - CITY OF DANIA BEACH y 8OM AR.MAP c r zl j i i. zi +► - 11 QThis.ordinance may affect properties throughout the city.. For information about or to inspect the proposed amendments,contact the City s Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, i Florida,(954)924-3645 between the hours of 8:00 a.m.and 4:00 p.m.,Monday-Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed amendments j . .ain accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of ' "Ythese proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach,.FL 33004,(954)924-3630,at least 48 hours prior to-meeting.