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Home My WebLink AboutO-2001-023 ORDINANCE NO. 2001-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS; AMENDING CHAPTER 28, SECTION 4.201 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE AN EXEMPTION FROM THE ONE THOUSAND (1000) FOOT DISTANCE SEPARATION REQUIREMENT BETWEEN CERTAIN COMMERCIAL USES WHICH SELL INTOXICATING OR ALCOHOLIC BEVERAGES AND ANY CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 is amended by amending section 4.201 to read as follows: Sec. 4.201. Proximity of beverage establishments to churches, schools. (2) REGULATION. Article 4 of City of Dania, Florida, Ordinance Number 100, passed and adopted on July 13, 1976, entitled "District Regulations" be and the same is hereby amended by amending the Schedule of Use Regulation in the C-1, (Commercial Offices District), and the C-2 (Commercial District), C-3, C-4, IG, IRO, IROC and IROM districts by adding the following language as a condition and restriction to the permitted uses in Beth said the above referenced districts: "The sale of any intoxicating beverages or alcoholic beverages such as liquor, wine or beer for consumption on the premises under the permitted uses of this district shall be prohibited by any person at any location within one thousand (1,000) feet of any established school or church, measured by the shortest straight line from building to building, except that in case of a school, to the nearest point of the school grounds used as part of the school's facilities. Whenever a permit or license has been lawfully procured, and thereafter, a school, church or church building be established within a distance otherwise prohibited by law, the establishment of such school, church or church building shall not be cause for revocation of the permit or occupational license or prevent the subsequent renewal of same." The above referenced separation requirement shall not apply to restaurants and cafes (including outdoor or open-air F:/566001:/Ordinances:/Beverage Establishments 1 ORDINANCE NO.2001-023 cafes specifically approved by the City Commission) serving only beer and wine which are located in the Downtown Dania Beach Redevelopment District. Additionally, the above referenced separation requirement shall apply to the following uses.. theatre, playhouse, lodge hall, private club, amusement arcade or meeting hall with or without fixed seats. Section 2. 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. 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 be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on JULY 2412001. PASSED AND ADOPTED on second reading on AUGUST 14, 2001. APPROVED: MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO-ABSENT COMMISSIONER MCELYEA- YES COMMISSIONER MIKES-YES VICE-MAYOR CHUNN-YES MAYOR FLURY-YES CHARLENE J NSON ACTING CITYrXERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY E:/566001:/Ordinances:/Beverage Establishments 2 ORDINANCE NO.2001-023 GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Jason Nunemaker, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: August 14, 2001 (PUBLIC HEARING) RE: Downtown Dania Beach Separation Requirements (Minimum Distance Between Church or School and Establishment Serving Liquor on The Premises) Currently, the sale of intoxicating beverages or alcoholic beverages such as liquor, wine or beer for consumption on the premises is prohibited within one thousand (1,000) feet of an established school or church. The proposed amendment would exempt restaurants and cafes (including outdoor or open-air cafes specifically approved by the City Commission) serving only beer and wine that are located in the Downtown Dania Beach Redevelopment District. This exemption would not apply to special uses such as a theatre, playhouse, lodge hall, private club, or amusement arcade. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. STAFF RECOMMENDATION Staff recommends that "meeting halls with or without fixed seats"be added to the list of uses to which the exemption does not apply. DOWNTOWN CHURCH AND SCHOOL WAIVER P AND Z 071801.doc NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that on Tuesday, August 14, 2001 at 7:00 p.m., or as soon thereafter as possible, in the ania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, We City Commission of the City of Dania Beach Florida, will hold a public hearing on the following proposed Ordinances: SIGN REGULATIONS -AMENDMENT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF SIGNS; AMENDING CHAPTER 28, SECTION 28.160 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO CLARIFY REGULATIONS APPLICABLE TO WALL SIGNS ERECTED IN THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT; FURTHER, AMENDING SECTION 28.200, TO CONFINE THE AVAILABILITY OF THE "SIGN ADJUSTMENT" PROCESS TO THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT, TO CHANGE THE APPLICATION FEE FOR SUCH ADJUSTMENTS, TO REVISE NOTICE REQUIREMENTS APPLICABLE TO SUCH ADJUSTMENTS AND TO SIGN VARIANCES, AND TO CLARIFY RESTRICTIONS APPLICABLE TO THE USE OF SIGN VARIANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. OFF-STREET PARKING REGULATIONS -AMENDMENT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF OFF-STREET PARKING; AMENDING CHAPTER 28, SECTION 6.21 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE AN EXEMPTION TO THE OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS -AMENDMENT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF PROXIMITY OF EVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS; AMENDING CHAPTER 28, SECTION 4.201 OF THE ODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE AN EXEMPTION FROM THE ONE THOUSAND (1000) FOOT DISTANCE SEPARATION REQUIREMENT BETWEEN CERTAIN COMMERCIAL USES WHICH SELL INTOXICATING OR ALCOHOLIC BEVERAGES AND ANY CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE DUPLEX REGULATIONS -AMENDMENT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING SECTION 4-20, THE SCHEDULE OF ZONING DISTRICT USE REGULATIONS IN CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES TO ALTER THE R-D 6000 TWO FAMILY DISTRICT REGULATION TITLE TO REDESIGNATE THE NEW CATEGORY AS "R-D 8000" (INDICATIVE OF THE MINIMUM LOT AREA TO BE REQUIRED FOR BUILDING REGULATIONS FOR TWO FAMILY DWELLINGS COMMONLY KNOWN AS "DUPLEXES"); AMENDING THE SCHEDULE OF LOT, YARD AND BULK REGULATIONS IN CHAPTER 28 TO INCREASE THE MINIMUM LOT AREA REGULATION FROM 6,000 SQUARE FEET TO 8,000 SQUARE FEET, TO INCREASE THE MINIMUM LOT WIDTH REGULATION FROM 60 FEET TO 80 FEET, TO INCREASE THE SIDE YARD MINIMUM REQUIREMENT FROM 7 FEET TO 15 FEET AND THE COMBINATION OF BOTH SUCH YARDS' TOTAL MEASUREMENTS FROM 14 FEET TO 30 FEET FOR SUCH TWO-FAMILY DWELLINGS ("DUPLEXES"); AMENDING THE PROVISIONS OF ARTICLE 26 OF CHAPTER 28, WHICH ARTICLE IS ENTITLED "RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING REGULATION", TO ALSO INCREASE THE MINIMUM LOT AREA FROM 6,000 SQUARE FEET TO 8,000 SQUARE FEET, TO ALSO INCREASE THE MINIMUM LOT WIDTH FROM 60 FEET TO 80 FEET AND PROVIDE THAT EACH SIDE YARD SHALL BE A MINIMUM OF FIFTEEN (15) FEET FOR DWELLINGS AUTHORIZED TO BE CONSTRUCTED IN DISTRICTS KNOWN AS "R-2", "R-2P" AND "R-2U" (AS IDENTIFIED IN ARTICLES XLIV, XLV AND XLVI, RESPECTIVELY IN SUCH ARTICLE 26); AMENDING SECTION 5.15 OF THE CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "LOT WIDTH AND AREA"TO ENSURE THAT SINGLE-FAMILY DWELLINGS MAY CONTINUE TO BE ERECTED ON LOTS MEETING CERTAIN MINIMUM SPATIAL REQUIREMENTS; AMENDING SECTION 5.17 OF THE CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "EXISTING SINGLE AND TWO-FAMILY 9EVELOPMENT", TO REFLECT THE NEW REFERENCE TO THE "R-D 8000" DISTRICT REGULATIONS AND TO ROVIDE FOR COMPLIANCE WITH R-D 8000 REQUIREMENTS FOR ANY ADDITION PROPOSED FOR A SINGLE- FAMILY STRUCTURE WHICH ADDITION WOULD RESULT IN THE CREATION OF A TWO-FAMILY STRUCTURE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed ordinances are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924- 3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed oetition. 10n accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 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 may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Technician Published: Friday, August 3, 2001 • AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO: E' 1. DATE OF COMMISSION MEETING: AUGUST 14, 2001 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—ORDINANCE 2ND READING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS AMENDMENT ORDINANCE 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: ® Planning and Zoning Advisory Board approved this request at their regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date August 7, 2001 Growth Management Department City Manager Date • SUN - SENTINEL Itr' NOTICE OF PUBLIC HE'gRiNd. +'. CITY OF DANIA(;EACH PUBLISHED DAILY NOTICE IS HEREBY GIVEN thatortTuesday Aug FRECEIVED 2001 at 7:00 p.m.;or as soon thereafter as pos! FORT LAUDERDALE, BROWARD COUNTY, FLORIDA the Dania Beach City Commission Room;Adm tive Center,100 West Dania Beach Blvd.,Dania BOCA RATON, PALM BEACH COUNTY, FLORIDA Florida 33004,the City Commission of the City g 2001 MIAMI, MIAMI DADE COUNTY, FLORIDA IoWeeach posed or din antes ubllcheanngon g proposed Ordinances B l, SIGN REGULATIONS-AMENDMENT ORDINANC' 1 AN ORDINANCE OF THE CITY OF DANIA BEACH, DA,PERTAINING TO THE SUBJECT OF SIGNS;A COUNTY OF BROWARD/PALM BEACH/MIAMI DADE ING CHAPTER 28, SECTION 28.160 OF•THE C( OF THE CITY OF DANIA BEAC ,F1 BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED TO DINANCES CLARIFY REGULATIONS'APPL CABLEHTO SIGNS ERECTED IN THE DOWNTOWN DANIA BE/ �/' DEVELOPMENT DISTRICT;FURTHER,AMENDIN /Jll� WHO, ON OATH, SAYS THAT TION 28.200,TO CONFINE THE AVAILABILITY *SIGN FIDJ E/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DAN AA BEACH ENREDEVELOPMENT T' PROCESS TO TH I DIS R C DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED CHANGE THE APPLICATION FEE FOR SUCH A MENTS,TO REVISE NOTICE REMENTS Al' IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE 8 ETOSUCCHADJUSTMENTSANDTO GNVARI/ ATTACHED COPY OF ADVERTISEMENT, BEING A: AND TO CLARIFY RESTRICTIONS APPLICABLE USE OF SIGN VARIANCES;PROVIDING FOR.CON, PROVIDING FOR SEVERANCE;yFURiHER,' ,RO SIGN REGULATIONS FOR AN EFFECTIVE DATEjSr t-: x•r ! % t n. 1 bFF STREET PARKING."REGULATIONS EN IN THE MATTER OF: I p)RDNANCE, �F .,+,.Sr i�y'ci?t+Fv:a tiauu rn1.�slt b fAk)aA¢r AN ORDINANCE OF.THE CITY OF DANIA BEACH, Sign Regulations DA,•ePERTAINING,TOhTHESSUBIECT.y+OFaOFF t PARKING;AMENDING CHAPTER 28,�tECTION t; E CODE OF ORDINANCES OF•THE�CITY.OF IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE QFF ST EETRP RK NGRtREQUI EMEN S;. RC ISSUES OF: FOR CONFLICTS,WROVIDING f-OR,SEVERANCI THER PROVIDING FOR AN EFF.ECTJVEVATE!o ��• it nSDub+tktR-;r1�s Fb: r -8 8/3,1(I PROXIMITYkOF32BEVERAGE?ESTAB'SL�H�MEN 10500642 CHURCHES rAND SCHOOLS*AMENDMENT NANCE >CK'� tL19�Yi�yfa3 AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCE OF THECITYOF.DANIABE Ca, DA,,PERTAINING TO THE SUBJECT:OFPROXIN PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, BEVERAGE ESTABLISHMENTS TO>CHURCHE AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY SCHOOLS;AMENDING CHAPTER 28;SECTION 4 THE,CODE OF.-ORDINANCES OF:THE'CITY OF PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, BEACH,FLORIDA.TO PROVIDE AN EXEMPTIOt THE ONE THOUSAND(1000)FOOT DISTANCE S: • EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE TION REQUIREMENT BETWEEN CERTAIN COMN. POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY, FLORIDA, USES WHICH SELL INTOXICATING OR ALCOHOL ERAGES-ANDANY•'CHUROH.OR SCHOCQ PRC FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF FOR CONFLICTS;BROVIDING FOR SEVERANC, ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT ,v.cc �jHER PROVIDING FOR AN EFFECTIVE DATEa!r +-=� :-,."�.��;��,, , ,�,�.�,��•rfx+rJ; HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR _DUPLEX REGULATIONS=AMENDMENT.ORDINA �s'.7s�;d)RaJf�3.it2)%i :01,�1aS ' CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, FOR THE 14ORDINANCEOF.THEC�'ia11GITYOF,DANIA-BEACH PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID 20,THE SCHEDULE OF ZON NG D STRIICTUSE F NE ER. TIONSIN CHAPTER 28C.ZONING'jOF THE COW DINANCES TO ALTER?THE,R-D!6000 TWO FAM TRICT REGULATION TITLE TO REDESIGNATE:T1 CATEGORY%ASCR-D 5000'•i(INDICATIVE'OF,TF MUM LOTAREATO BE REQUIRED FOR BUILDIN, (SIGNATURE 6F Af IANT) 'LATIONS FOR-TWO FAMILYi DWELLINGS CON :KNOWN AS'DUPLEXES");AMENDING;THE.SC OF LOT,KYARO,AND SULK REGULATIONS=IN C SWORN TO AND SUBSCRIBED BEFORE ME 28.To'INCREASET(HEWINIMUM10TiFlgREA:f nON:FROM.+6;o001SQUAREITEETATO18;0o0` ON: 03-August-2001 , A.D. f,EET.TO_INCREASEIrHE')MINIMUM<COTOMDTI 1:LATION FROM 60 FEETA'O'80 FEETNOINCREi FSIDE YARD MINIMUM REQUIREMENTIFROM 7 1 115 FEET.AND 9THE!COMB(NATION.tOF3$OTI ::YARDS'TOTAL.MEASUREMENTS FROM 1,4 FEE kiFEET48`•FORi�6SUCH 410WO-FAMILYa1;#OW SIGNATu( OF O ARY U I ( DUPLEXES')yAMENDiNGTHEVROViS10NSZ ( h� LE 26'OF,CHAPTER28,WHICH ARTICLE IS E A �Gy S�ric�aYd *AVENSW000=GRIFFIN ROAD ANNEXED ARE OommL381on 4 CC 944074 ING REGUATION%`T.O'ALSO INCREASE THE M'. Expires July 24,2004 LOT J AREA FROM G6,000 iSQUARE OFEET=( Bonder Thru 'SQUARE FEET;TO ALSO INCREASE THE MININ r ��` AdauUc Bonding Co.,Inc. QROTH FROM 60 FEET. 0.80 FEET AND PROW CH-SIDE_'YARDHALOSEAq MINIMUM-OF. 1 :S 5)FEET=.FOR.OWELUNGS'AUTHORIZED`.TO I ATRUCTED IN DISTRICTS KNOWN AS.,'11-2"p"11-: (NAME OF NOTARY,TYPED, PRINTED, O�STAMPED O(LVIu'LEAS CTIVEIDENTIYINSN,HARTCLERTICLES 26);AIV V1 � _.kLVI,RESPECTIVELY IN SUCH ARTICLE 26);AN SECTION SAS OF THE CODE OF ORDINANCES PERSONALLY KNOWN IS IS ENTITLED kOT:WIDTH AND AREA' OR SLIRE THAT SINGLE FAMILY.DWELUNGS MAY UE TO BE ERECTED ON.LOS MEETING CERTA 'MUM-SPATIAL`'REQUIREMENS;sAMENDiNG PRODUCED IDENTIFICATION 5:17,OF.THE CODE OF.ORDINANCES?WHICH' 1S ENTITLED'EXISTING'SINGLEANO-TWO-FAI VELOPMENT%1T0 REFLECTcTHE=NEW REFERI THE'R-D 8000'DISTRICT.REGULATIONS AND VIDE ifOR,COMPLIANCE:W41TH iR-D I'$o00:'f MENS FOR ANY ADDITION PROPOSED FOR A FAMILY STRUCTURE WHICH ADDITION WOULD N THE CREATION OF A TWO=FAMILY STRUCTU (DING 1�OR XONFUCS; OVIOIvrelvall USE;FURTHER;PROVIIING"E AN,EFFECTryE.OATE '-p o' �es lRldan6es