HomeMy WebLinkAboutO-2001-024 ORDINANCE NO. 2001-024
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.
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 6.21 to read as follows:
6.20. Services, automotive.
6.21. OFF-STREET PARKING.
(a) Size and access. An off-street parking space shall consist of a parking space
having minimum dimensions of nine (9) feet in width by eighteen (18) feet in length for
the parking of each standard automobile, and eight (8) feet in width by sixteen (16) feet
in length for the parking of each compact automobile, exclusive of access drives or
aisles thereto. No more than twenty-five (25) percent of all parking spaces can be of
said compact automobile size. Minimum widths of access drives and minimum widths of
aisles designed and intended for the maneuvering of an automobile into a parking
space, the parking angles, stall widths, stall depths, aisle widths, curb length, and half
and full bays, shall be in conformance with the illustrative chart which is attached hereto
and made a part hereof as "Exhibit A." The dimensions shown on the illustrative chart
are for one-way direction movement. Two-way direction movements (aisles and access
drives) require a minimum width of twenty-four (24) feet regardless of parking angles
and dimensions shown on the illustrative chart.
(b) Automatic parking. Nothing in this section is intended to prohibit the installation of
a fully automatic parking facility in which the placement and removal of automobiles are
accomplished wholly by machinery.
(c) Number of parking spaces required. There shall be provided:
(1) at the time of the erection of any building or structure; or
F:/566001:/Ordinances:/Off-Street Parking 1
ORDINANCE N0.2001-024
(2) at the time any building or structure is enlarged or increased in capacity by
adding dwelling units, guest rooms, floor area or seats; or
(3) at the time any use or occupancy of an existing building or structure is changed
to a use or occupancy which increases the requirements for off-street parking,
minimum off-street parking facilities with adequate provisions for ingress and egress, in
accordance with paragraphs (a) and (b) of this section and the schedule of off-street
parking requirements, as prescribed in this chapter.
(d) For existing buildings and uses located within the Downtown Dania Beach
Redevelopment District, additional parking spaces shall not be required when a use or
occupancy of an existing building or structure is changed to a use or occupancy which
would otherwise increase the requirements for off-street parking; provided however, the
foregoing provision of this sentence shall not apply when a building or use is changed to
a theatre, playhouse house of worship lodge hall, private club, amusement arcade or
a meeting hall with or without fixed seats.
(e) Additional parking shall not be required for any use for which outdoor or open-air
seating has been specifically approved by the City Commission.
(f) Sunset Provision The parking exceptions created by paragraphs (d) and (e) above
shall sunset on August 14, 2004, unless extended by ordinance of the City Commission.
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.
F:/566001:/Ordinances:/Off-Street Parking 2
ORDINANCE N0.2001-024
PASSED AND ADOPTED on first reading on JULY 24, 2001.
® PASSED AND ADOPTED on second reading on AUGUST 14, 2001.
APPROVED:
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO- ABSENT
COMMISSIONER MCELYEA-YES
COMMISSIONER MIKES-YES
VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
CHARLENE JOPINSON
ACTING CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
�1
• �:), uN
THOMAS . AN BRO
CITY ATTORNEY
F:/566001:/Ordinances:/Off-Street Parking 3
ORDINANCE N0.2001-024
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 Parking Code Amendments
The current zoning code states the required parking spaces shall be provided:
(1) When a new building is constructed; or
(2) When an existing building is enlarged or increased in capacity by adding
dwelling units, guest rooms, floor area or seats; or
(3) When an existing building is changed to a use that increases the requirements
for off-street parking.
® Under situation (3), when an existing use is changed to restaurant or bar, the code
requires on-site parking to be provided as per restaurant/bar criteria (1 parking
space/40 square feet of customer service area). This requirement has not been
consistently applied in the past.
The Chocolate Jungle and Lobster Trap both involved the conversion of retail space
(1 space/250 gross square feet) to restaurant/bar space (1 space/40 net square feet).
Neither restaurant was required to demonstrate on-site compliance with the
restaurant/bar-parking requirement. A similar conversion took place with the
expansion of Grampa's Restaurant in the late 1980's.
Representatives from Main Street have requested that the City codify this practice of
allowing new restaurants (downtown) within existing buildings without requiring
additional parking. Under the proposed text amendment, a change from retail or
office use to restaurant use would not require additional parking. This exemption
would also apply to outdoor cafes specifically approved by the Commission.
However, the exemption would not apply to building additions.
There is the possibility that a restaurant or bar established under the proposed
amendment will become so successful that customers will be forced to park in the
public street, on adjoining commercial properties, or in nearby residential areas. Staff
has included the following additional conditions to minimize the impact of the lesser
parking requirements in the Downtown Development District:
DOWNTOWN PARKING TEXT AMENDMENT CC
1) Include a "sunset" provision in the ordinance limiting application to a s ecific
• time period. Thus, if the parking exemption ordinance becomes a victim of its
own success (patron parking filtering into adjacent residential areas), the
Commission can allow the ordinance to expire at the end of the trial period. If
the parking exemption does not result in a parking or traffic problem, the
Commission can re-adopt the ordinance permanently.
The City Attorney has advised me while the City Commission has flexibility as
to the "duration" of the trial period (1, 2, or 3 year), the sunset provision can be
used only once.
2) Prohibit application of this ordinance to a "theatre, playhouse, house of
worship, lodge hall, private club, amusement arcade, or a meeting hall with or
without fixed seats." These types of facilities have special requirements, and
as such, require the increased scrutiny afforded by the variance procedure.
Long term, staff will be recommending that any CRA plan include an inventory,
analysis, and identification of public and private parking opportunities in the
Downtown area.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
DOWNTOWN PARKING TEXT AMENDMENT CC .
Patricia Hart
517 N.E. 2nd Place
Dania Beach, F133004
August 1, 2001
City of Dania Beach
Mayor Flury
Vice Mayor Chunn
Commissioner Bertino
Commissioner Mac
Commissioner Mikes
It is my understanding the Commission is considering a parking exemption for resturant
uses Downtown. This ordinance would exempt retail and office buildings from parking
requirements for restaurants and bars. However, this exemption would not apply to
buildings previously used for industrial or heavy commercial use.
As Vice President of Main Street, a life long resident, and the listing agent of Broward
Linen Building, I believe the Broward Linen Building should be afforded the restaurant
parking exemption if we are to encourage quality commercial development. I request you
consider amending this ordinance to include not only buildings previously used for retail
and office, but also those previously used for industrial or heavy commercial use in the
Downtown district.
Thank you for your time.
qinely,
Hart
cc:Jason Nunemaker
Larry Leeds
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
I AM ania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004,
e 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
WEVERAGE 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-21.1" (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
a
VELOPMENT", TO REFLECT THE NEW REFERENCE TO THE "R-D 8000" DISTRICT REGULATIONS AND TO
VVIDE 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
Petition.
In 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. °
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:
OFF-STREET PARKING REGULATIONS—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 recommended approval of this request at their July 18,
2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date July 27, 2001
Growth Management Department
City Manager Date
SUN- SENTINEL { NOTICE OF PUBLIC'NEARIN(i
CITYOF:DANIA.BEACH •
PUBLISHED DAILY NOTICE IS HEREBY GIVENthabonTOesday;Augus
RE C EI VEIL 2001 at 7:00 p.m.;oras soon thereafter'as possibl
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA the,Dania Beach City commission.Room)Adminit
BOLA RATON, PALM BEACH COUNTY, FLORIDA Florida 33004 e city comBeach nto the City o
AUG g 2QO1 MIAMI, MIAMI DADE COUNTY, FLORIDA niaBeachFlorida,WillholdaPublichearingonthe
lowing proposed Ordinances
BY:
SIGN REGULATIONS AMENDMENT ORDINANCE'
1L
A AN ORDINANCE OF THE CITY OF DANIA BEACH FL
DA,PERTAINING TO THE SUBJECT OF SIGNS;AM[
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE ING CHAPTER 28,SECTION 28.160 OF�THE COD[
OFTHECITYO DANIA BEACH,-
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED TOO DINANCES CLARIFY REGULATIONS FiAPPL CABLE%TO.N[
SIGNS ERECTED IN THE DOWNTOWN DANIA BEACH
DEVELOPMENT DISTRICT; FURTHER,,AMENDING
WHO, ON OATH, SAYS THAT TION'28.200,TO CONFINE THE AVAILABILITY OF
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DANIAA BEACHENREDE ELOPMEnoirTHUISTRICT,,
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED CHANGE THE APPLICATION!FEE>FOR'SUCH ADJ[
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE B EnTOSUCHAD USTMENS,TO REVISE TSANDTOSIGNVARIA'NC
ATTACHED COPY OF ADVERTISEMENT, BEING A: AND TOCLARIFY RESTRICTIONS:'APPLICABLE40
USE OF SIGN VARIANCES;PROVIDING F,OR:CONFLI(
PROVIDING FOR SEVERANCE QfURTHER t ,ROVIC
SIGN REGULATIONS FOR AN EFFECTIVEIDATEWO.Qo(`) -somas
OFF STREET PARKING REGULATIONS�AMENDM
IN THE MATTER OF: gRDINANCE cr�ia,tact;toc�lc( z�' G ,, afr
'?� i ,S r;trf:tit�7Vi s`ti:5ai�¢t.!xlt)e3"fJtrJ;i>�.1y7"rs?
j AN ORDINANCE OF THE CITY•.OF:DANIA BEACH;.FL(
Sign Regulations DA,sPERTAINING?;70hTHE!°SUBJECT;OFc10FF,STR
l-PARKING;'AMENDING.'CHAP.TER28;1SECTION 6 21
;'.THE CODE OF.^ORDINANCES OF;THEICITY,,;OF1'DA
BEACH 'FLORIDA=T0`.P.ROVIDE ANiEXEMPTION TO
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE OFF-STREET ?ARKINGidREQU1REMENTS,45PROVIr,
ISSUES OF: FOR CONFLICTS tPROVIDING FOR,'SEVERANCE 4
THER;PROVIDING FOR AN EFFECTIVE DATEi�';(i;T�;
8/3,1cI PROXIMITY "OF 28EVERAGE*ESTABL'isHMENTS.
10500642 CHURCHES AND SCHOOLS�td{hAMENDMENT2.0i
NANCE �''*S't.Yt,I'1�V4ii��y,�.�3 `FA'gg•�C t� i�Ai
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCEOFTHECITYOF.DANIABEACH,IFL(
DA, PERTAINING TOTHE.SUB1ECTiOF,Z:PROXIMITY
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ' BEVERAGE ESTABLISHMEN TS;,To,=CHURCHES:w
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY SCHOOLS;AMENDING CHAPTER 28;`SECTION4;20',
:THE(CODE'OF;ORDINANCES.OF XHIE'CITY3101"DA
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, BEACH,FLORIDA,`.TO,PROVIDE AN.EXEMPTION'FF
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE THE ONETHOUSAND.(1000)FOOT DISTANCESEPA
,TION REQUIREMENT BETWEEN CERTAIN COMMERC
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IDING:FOR SEVERANCE;sF
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DUPIEXREGUlAT10NS,°AMENDMENTORDINANCI
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