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Home My WebLink AboutO-2001-025 ORDINANCE NO. 2001-025 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 66R-299, "R-2P" AND 6'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 DEVELOPMENT", TO REFLECT THE NEW REFERENCE TO THE"R-D 8000"DISTRICT REGULATIONS AND TO PROVIDE 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. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the Code of Ordinances of the City of Dania Beach,"Zoning" is amended by amending Section 4-20, "Application of regulations" to read as follows: 1 ORDINANCE NO.2001-025 4.20 Application of regulations. Except as hereinafter provided: (See Schedules of Regulations). SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL USE USES EXCEPTION USES R-D 6-,998 8,000 The purpose of 1. Single-family 1. Private 1.Essential Two-Family this district is to dwellings. nurseries and services. provide for use 2. Municipally greenhouses. 2. Public or private and occupancy owned or operated 2. Private garages. academic schools. of one- and two- parks and 3. Private 3. Churches, family units at low recreation areas. swimming pools, synagogues and moderate densities 3. Two-family cabanasAnd/Ar or other houses of and related dwellings. both. worship. essential services 4. Other accessory 4. Supplemental and facilities. uses customarily parking. iiwidont incidental 5. Storage facility to permitted or for a church or approved special school when the exception uses, not site is within 200 involving the feet of the conduct of approved church business. or school and 5. Off-street further that any parking structure built, (noncommercial adder utilized, or vehicles). both under this provision maintains the residential appearance of the zoning district. 2 ORDINANCE NO.2001-025 SCHEUDLE OF LOT, YARD AND BULK REGULATIONS CITY OF DANIA BEACH, FLORIDA LOT YARD BULK SIDE MINIMUM MAXIMUM MINIMUM MAXIMUM STREET Density Height District Area Width Depth (DU's/Gross) Front Both/One Rear (Stories/ Coverage (Ft.) (Sq.Ft.) (Ft.) (Ft.) Acre) (Ft.) (Ft) (Ft.) Ft.) (percent) R-D 6000 6000 444 8000 8000 60 80 90 10.00 25 30/15 15 2/25 40 15 Section 2. That Chapter 28 is further amended by amending Article 26, entitled "RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING REGULATION", Section 26.10, "Regulations adopted"to read as follows: ARTICLE 26. RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING REGULATION 26.10. Regulations adopted. (a) That the zoning regulations of Broward County,Florida,as amended through Supplement No. 63, as listed in the schedule below, be and the same are hereby adopted by reference, which apply to the Ravenswood-Griffin Road annexed areas: Schedule of adopted Broward County zoning regulations: (c) In applying the foregoing adopted provisions of the Broward County Zoning Code, the provisions of Article XLIV,"Two-Family Dwelling R-2 District", §§ 39-740—39-758,Article XLV,"Two-Family Dwelling—Parking R-2P District", §§39-759—39-767 and Article XLVI, "Two-Family Dwelling R-2U District", §§39-768 — 39-785 are each amended, so that the following provisions shall apply. The regulations of each such Article are amended, despite any provisions in each of them to the contrary, to provide that every lot upon which a residential structure is erected shall be not less than eighty (80) feet in width and eight thousand (8,000) square feet in area, and that such lot shall provide a minimum interior side 3 ORDINANCE NO.2001-025 yard setback of fifteen(15)feet;provided however,a single-family dwelling shall be permitted on a lot of not less than sixty (60) feet in width and six thousand (6,000) square feet with a minimum interior side yard setback of seven and one-half(71/2)feet;except that a vacant lot, consisting of a single lot of record not less than fifty (50) feet in width, and held in separate ownership at the time of adoption of the latest amendment to this Section 26.10 may be utilized for a single-family dwelling, if a minimum of seven and one-half(7 1/2) foot interior side yards can be provided. Section 3. That Chapter 28 is further amended by amending Section 5.15, "Lot Width and Area" to read as follows: 5.15 LOT WIDTH AID,LOT AREA AND SIDE YARDS. (a) (b) Every plot upon which a single-family residential structure is erected shall be not less than sixty (60) feet in width,and,six thousand(6,000) square feet in area and provide for seven and one-half(7 1/2) foot side yards; except that a plot consisting of a single lot of record not less than fifty(50)feet in width and held in separate ownerships at the effnntivc dote of fhis erdinµnGe, time of adoption of the latest amendment to this Section 5.15—_may be utilized for a single-family dwelling if a minimum of seven(7) foot interior side yards can be provided. • Section 4. That Chapter 28 is further amended by amending section 5.17, "Existing Single and Two-Family Development"to read as follow: 5.17. EXISTING SINGLE AND TWO-FAMILY DEVELOPMENT. A single-family structure or two-family structure located in any RS-6000,RD 60W 8000 or RS-8000 district existing at the time of adoption of this rohapte the latest amendment to this section 5.17 which does not comply with the lot,yard or bulk regulations for building lots in the R-District in which it is located may be added onto provided the following conditions exist or are met: (a) Front and rear yards. No structure shall be added onto unless said addition maintains a minimum front yard of twenty-five (25) feet and a minimum rear yard of to fifteen(15) feet. (See section 5.31 for permitted projections.) (b) Side yards. No structure shall be added onto unless said addition maintains a minimum side yard of seven(7) feet. If a corner lot, a minimum street side yard of fifteen (15) feet shall be provided. (See section 5.31 for permitted projections.) (c) Side setbacks for single-family additions. Minor additions to a single-family residential • structure with existing five-foot setbacks may be allowed to utilize a five-foot side 4 ORDINANCE NO.2001-025 setback with a maximum twenty-foot extension along said five-foot side setback line. Setbacks currently in compliance with side setback regulations have to be adhered to. This section applies to single-family residences only. (d) Additions to single-family structures. Any addition to a single-family structure which would result in the creation of a two-family structure (also known as a duplex) shall only be permitted if the lot upon which the single-family structure exists can accommodate the addition, i.e., such lot complies with the RD-8000 requirements governing minimum lot size, minimum lot width and minimum side yards. Section 5. That except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 6. 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 7. 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 8. That this ordinance shall be in force and take effect immediately upon its passage and adoption. • PASSED AND ADOPTED on first reading on August 14, 2001. PASSED AND ADOPTED on second reading on August 28, 2001. PATRICIA FLURY MAYOR-COMMISSIONER ATT ST: ROLL CALL: MAYOR FLURY-YES VICE-MAYOR CHUNN- YES CHARLENE JO ON COMMISSIONER MCELYEA -YES ACTING CITY CLERK COMMISSIONER BERTINO-YES COMMISSIONER MIKES - YES APPROVED AS TP FORM AND CORRECTNESS: TH MAS J. ANS RO CITY ATTORNEY • 5 ORDINANCE NO.2001-025 GROWTH MANAGEMENT DEPARTMENT i STAFF REPORT TO: Jason Nunnemaker, City Manager FROM: Laurence'Beds, AICP, Director Growth Management Department DATE: August 28, 2001 (SECOND PUBLIC HEARING) RE: Zoning Text Change: Amendments to Duplex Zoning Districts (RD-6000, R-2, R-2U, and R-2P) Duplex-zoned properties (RD-6000, R-2, R-2U, and R-2P) allow the construction of either one or two family dwellings. However, the code provides no distinction between single family and duplex use in terms of lot size, lot width, and setbacks. Currently, a two family dwelling can be built on the same size lot (and with the same setbacks) as a one family dwelling. No additional open space, landscape area, or setback area is provided for the additional unit. This despite the fact that a duplex unit may have twice the impact (number of persons, number of guests, number of vehicles) of a single family home. This increased impact can be significant on a neighborhood wide level, where entire neighborhoods permit duplex units to be constructed on what are essentially single-family sized lots. In response, the Commission has directed the City Attorney to prepare zoning code amendments that require increased lot size (8,000 square feet), increased lot width (80 feet), and increased interior side yard setbacks (15 feet per side) to construct a duplex. These amendments will apply to all properties currently having a City (RD-6000) or Broward County (R-2 and R-2U) duplex zoning designation, regardless of location. See attached location map. Single-family requirements are unchanged for lot area (6,000 square feet), lot width (60 feet), and interior side yard setbacks (7 feet for RD-8000; 7 Y2 feet for R-2, R-2U, and R- 2P). Also unchanged is the exception to allow a single family home to be built on a single lot of record measuring not less than 50 feet in width. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. • DUPLEX ZONING CHANGE P AND Z 080601.doc 1 c - _•_ _• - _ or or; ism I "- \ gull 2 lip, LLZ — s, . — — — — — — — ---- 1, I j 1 I . 1 iE 1 ! II I �1 ' I I \- - - I -- I I i I _ I I _ , r i rl JI , ' N O I - - ------ - -- I 1 ' - _1.. CD w < it I I 1 IL o z < < ..r.............. LL 0 co ................ cu ---------------- of ---------- t t; ........... ........... .......... ............... .......... ............ ............. ------------- I r .......... . ............ CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF ZONING CODE CHANGES *he City Commission of the City of Dania Beach, proposes to adopt the following ordinances on: Date: Tuesday, August 28, 2001 Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 AMENDMENT TO CHAPTER 28, DUPLEX REGULATIONS 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 �JCH TWO-FAMILY DWELLINGS ("DUPLEXES"); AMENDING THE PROVISIONS OF ARTICLE' 26-OF, APTER 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 DEVELOPMENT", TO REFLECT THE NEW REFERENCE TO THE "R-D 8000" DISTRICT REGULATIONS AND TO PROVIDE 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. (Insert Dania City Map here) This 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, 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 Oaccordance with the Americans With Disabilities Act, persons needing assistance to participate in any of inese 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 Dania Beach 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. I*% page Ad — Broward Herald Publish Monday, August 20, 2001 • C1 N��J�/+eC�,p t uv uu aya ��.uuvaq Va.e t x p'I n�s re Tf, was. supple-� aJ.�V1Cl <i�LG,rUeargeDepartment;Sto�es� �""'` } N b mented rmatton rom p (954) 989-`2J27w 1 herald wireices`� ; ,' i' ri i` r ` ', � tCITY OF DANIA BEACH NOTICE 'OF PUBLIC'HEARING:: y NOTICE.OF'ZONING CODE CHANGES The City Commission of the City of Dania Beach,proposes to adopt the following ordinances on: Date: Tuesday,August 28,2001 Time: 7:00 p.m.,or as soon thereafter as possible Place: City Commission Room ECEIVED Dania Beach A4ministrative Center 100 West Dania Beach Blvd. AUG 2:2 2001 Dania Beach,Florida,33004 ; BY: AMENDMENTTO CHAPTER 28, DUPLEX REGULATIONS 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 F_OR SUCH TWO-FAMILY DWELLINGS ("DUPLEXES"); AMENDING THE PROVISIONS OP�TICEE 26•O�F,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 ® j 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 DEVELOPMENT",TO REFLECT THE NEW REFERENCE TO THE"R-D 800W DISTRICT REGULATIONS AND TO PROVIDE 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. CITY OF DANIA BEACH _ BOUNDARY MAP - AIRPORT . ❑ - .-.- - Stidx,g Road C - . an beet This 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, 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. 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 Dania Beach 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,sihich record includes the testimony and evidence upon which the appeal is;do based. r _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: AUGUST 28, 2001 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS-ORDINANCE 2ND FINAL READING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND FINAL READING 4. SUMMARY EXPLANATION &BACKGROUND: DUPLEX REGULATIONS-AMENDMENT ORDINANCE 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff report City Boundary Map Ordinance 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 August 21, 2001 Growth Management Department City Manager Date