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HomeMy WebLinkAboutO-2001-030 ORDINANCE NO. 2001-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LAND DEVELOPMENT STANDARDS; AMENDING CHAPTER 28 "ZONING," ARTICLE 29 "PERVIOUS AND IMPERVIOUS AREAS," SECTION 29.10 "IMPERVIOUS LAND AREA REQUIREMENTS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR OBTAINING APPROVAL FOR THE USE OF PERVIOUS PAVING BLOCKS; 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 29.10, "Impervious Land Area Requirements" of Article 29 "Pervious and Impervious Areas" to read as follows: 29.10. Impervious land area requirements. To effectively provide for the drainage of storm water, the area of land covered by buildings, structures and impervious surfaces shall not exceed seventy (70) percent for industrial uses, seventy (70) percent for commercial uses and sixty (60) percent for residential uses. For the purpose of this requirement, all other uses such as, but not limited to, utilities, transportation and office parks, shall be included in the commercial use category. In mixed-use developments, the most restrictive of the applicable impervious area limitations shall be utilized. For purposes of this ordinance, "impervious" shall mean and refer to any area or part of any parcel of land that has been modified to reduce the natural ability of land to absorb and hold rainfall. Any placement of any nonorganic material which prohibits penetration by liquids or other soluble materials results in the creation of an impervious area. For purposes of this ordinance, "pervious" shall mean the opposite of"impervious" as defined and described above in this ordinance. (1) Subject to compliance with all other city ordinances, pervious areas may be used to satisfy requirements for landscaping and setbacks, buffer strips, drain fields, passive recreation areas and any other purpose that does not require covering with a material that prevents infiltration of water into the ground. to whiGh it is applied, Gredit towari-q- thhe r--naMputatiOR of the peNieus area shall be given aGGerrJinn to the pernontano of ea that is rotaiRed_ ORDINANCE NO. 2001-030 1 leading ZGRes, er aGtiVely used parkiRg stalls iR GOMmeFGmal OF iRdustrial developments. h Doniin,,c novinn hlGGks may be used in nvorFlew parking areas park �nrl blGGks are 1-11SP-d alt IGGatiGRG wheFe pedestrian traffiG us prevalent, the bIGGk voids shall bermuda grass. (3,40 In those cases in which city ordinances may allow some required parking stalls to be grassed, no credit towards the computation of pervious area shall be granted for such areas. (4} (al Upon demonstration by an applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or surrounding land uses are present, the city commission may permit variation from the impervious area standards, subject to the following limitations: a. Variation from the impervious requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engineering and landscaping standards. If a variation is granted, the impervious area shall not exceed eighty-five (85) percent for industrial uses, eighty (80) percent for commercial uses and seventy (70) percent for residential uses. b. Mitigating design improvements may include the use of grassed retention basins and swales to aid in the filtration of storm water runoff or any combination of the foregoing. C. Pervious paving blocks may be used in overflow parking areas, park and recreation parking facilities and residential areas. In all cases in which pervious paving blocks are used at locations where pedestrian traffic is prevalent, the block voids shall be planted with a nonrunner specie of grass such as, but not limited to, zoysia or bermuda grass. Pervious paving blocks may not be used within principal or major driveways, loading zones or actively used parking stalls in commercial or industrial developments. 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 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. ORDINANCE NO. 2001-030 2 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 on first reading on September 25, 2001. PASSED AND ADOPTED on second reading on October 9, 2001. PATRICIA FLURY MAYOR — COMMISSIONER ATT ST ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE J NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES ® APPROVED AMTOF RM AND CORRECTNESS: BY: T AS J. ANSBRO CITY ATTORNEY ORDINANCE NO. 2001-030 3 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Jason Nunemaker, City Manager cf71 G FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Amendments to Pervious/Impervious Area Ordinance APPLICANT: Growth Management Department DATE: October 3, 2001 The zoning code requires a developer of residential property to provide 40% pervious area. These same regulations allow, as a matter of right, a developer to meet his/her 40% pervious requirement through the use of"pervious paving blocks" in the parking lot. This provision, which is not available to commercially zoned properties, allows an ® apartment or condo developer to meet all or part of the 40% pervious requirement in the parking lot of the project, without City Commission approval. Staffs suggested language would still permit a developer to use pervious paving blocks to meet the 40% requirement, but would require City Commission approval to do so. This is consistent with other provisions of the ordinance that allow the City Commission to modify or adjust the pervious area requirements. STAFF RECOMMENDATION Approval. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH IMOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on October 9, 2001 t 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following ordinances: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9 "ADMINISTRATION AND ENFORCEMENT," SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LAND DEVELOPMENT STANDARDS; AMENDING CHAPTER 28 "ZONING," ARTICLE 29 "PERVIOUS AND IMPERVIOUS AREAS," SECTION 29.10 "IMPERVIOUS LAND AREA REQUIREMENTS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR OBTAINING APPROVAL FOR THE USE OF PERVIOUS PAVING BLOCKS; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. �opies of the proposed petition are available for viewing in the Growth Management Department, 100 West ania 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, September 28, 2001 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO.elo' 1. DATE OF COMMISSION MEETING: OCTOBER 9, 2001 2. DESCRIPTION OF AGENDA ITEM: ORDINANCE - FINAL PUBLIC HEARING PERVIOUS/IMPERVIOUS AREA(PUBLIC HEARING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE SECOND READING 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance 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 September 12, 2001 regular meeting. City Commission approved this ordinance on First Reading September 25, 2001 Submitted by: Laurence G. Leeds, AICP, Director Date October 1, 2001 Growth Management Department City Manager Date NOTICE qF PU�BC11 HEARING ' `- !`W�CITVOF DANIA BEACH! SUN- SENTINEL FA'YX, z ,r :, I r•.,.,,SF°«1F ,��?� �`:. NOTICE IS kE EBY GIVEN that on Wednesday JUty 18; PUBLISHED DAILY 2001at7:00'PM,orassoon.thereafteraspossib,etin FORT LAUDERDALE, BROWARD COUNTY, FLORIDA the Danta`r,100 es Commission Room;Admtnistra five Cen4er,100 West Dania Beach Blvd-Dania Beach; Florida 33004 the Planning-and Zoning Advisory BOCA RATON, PALM BEACH COUNTY, FLORIDA Board of the City of Dania Beach Florida;wil hold a public hearings on,the following proposed Ordinanc- MIAMI, MIAMI DADE COUNTY, FLORIDA ies ]SIGN REGULATIONS-AMENDMENT ORDINANCE AN ORDINANCE.OF.THE CITY OF DANIA BEACH,FLORI- STATE OF FLORIDA DA,PERTAINING TO,THE SUBJECT OF SIGNS;AMEND- ING CHAPTER 28, SECTION 28.160 OF THE CODE-OF COUNTY OF BROWARD/PALM BEACH/MIAMI DADE ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDA TO CLARIFY REGULATIONS APPLICABLE TO'WALL BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SIGNS ERECTED IN THE DOWNTOWN DANIA BEACH RE- DEVELOPMENT DISTRICT;FURTHER,AMENDING SEC- '`�" TION 28.200;_TO CONFINE THE AVAILABILITY-OF THEI WHO, ON OATH, SAYS THAT "SIGN ADJUSTMENT PROCESS TO.THE DOWNTOWN REDEVELDISTRICT,TO INCREASE THE APPLI- HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED CATION FOEENENT FOR SUCH ADJUSTMENTS,TO REVISE NO- DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED TICS-REQUIREMENTS ARIA C ES,ANDTOCL ADJUSTADJUST- MENTS AND TO SIGN VARIANCES,AND TO CLARIFY RE- IN BROWARD/PALM BEACHIMIAMI DADE COUNTY,FLORIDA, AND THAT THE STRICTIONS APPLICABLE TO THE-USE OF SIGN VARI- ANCES;ATTACHED COPY OF ADVERTISEMENT, BEING A: ENc�Flu THER,PROVIDINGFORANNG FOR CONFLICTS; VEF EFFIDING ECTIVE DATE. SIGN REGULATION DUMPSTER REGULATIONS "AMENDMENT ORDI- NANCE,•'., AN ORDINANCE OF THE CITY OF DANIA BEACH;FL'ORI- IN THE MATTER OF: DA;PERTAINING TOCHAPTER13OF THE CITY CODE OF ORDINANCES'WHICH CHAPTER IS ENTITLED"HEALTH AND SANITATION"; CREATING SECTION 13-75 ENTI- Sign Regulation TLED FOR-THE REGULA- TION OF NTT HELOCATION PROVIDING AND CONSTRUCTION OF DUMPSTER ENCLOSURES (ALSO+REFERRED JO AS IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE TION 5.44(e)IOFRCH PT RU28 OF THE CODE OF ORDI- NANCES RELATING TO DUMPSTER SCREENING REGU- LATIONS; PROVIDING FOR.CONFLICTS;.PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EF- 7/6,1 10461102 FECTIVE DATE. OFF-STREET PARKING REGULATIONS - AMENDMENT ORDINANCE AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DAPUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, PERTAINING TO THE SUBJECT OFF-STREET PARKING;AMENDING CHAPTER 28,SECEC TION 6.21 OF AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, ,TOTO THE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,OFF STREETTRIDA PARK NGRREQUI OVIDE RE SPAN EXEMTION PROVIDING EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE FOR CONFLICTS; PROVIDING FOR SEVERANCE; FUR- THER,PROVIDING FOR AN EFFECTIVE DATE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, PROXIMITY OF BEVERAGE ESTABLISHMENTS TO FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF CHURCHES AND SCHOOLS - AMENDMENT ORDI- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT NANCE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR DA, PERTAINING TO THE SUBJECT OF PROXIMITY OF CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR TI-,BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS;AMENDING CHAPTER 28,SECTION 4.201 OF PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID THE CODE OF ORDINANCES OF,THE CITY OF DANIA BEACH, FLORIDA,TO PROVIDE AN EXEMPTION FROM N APER. THE ONE THOUSAND(1000)FOOT DISTANCE SEPARA- TION REQUIREMENT BETWEEN CERTAIN COMMERCIAL USES WHICH SELL INTOXICATING OR ALCOHOLIC BEV- ERAGES AND ANY CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FUR- (SIGNATU FFIANT) THER,PROVIDING FOR AN EFFECTIVE DATE DUPLEX REGULATIONS-AMENDMENT ORDINANCE SWORN TO AND SUBSCRIBED BEFORE ME AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA, PERTAINING TO ZONING;AMENDING SECTION 4- ON: 06-July-2001 , A.D. 20,THE SCHEDULE OF ZONING DISTRICT USE REGULA- TIONS IN CHAPTER 28,"ZONING",OF THE CODE OF OR- DINANCES TO ALTER THE RD-6000 TWO FAMILY DIS- TRICTf/ REGULATION TITLE TO REELECT THE NEW CATE- GORY✓CJ1_- GORY AS "RD-8000" (INDICATIVE OF THE MINIMUM LOT AREA TO BE REQUIRED FOR BUILDING REGULA- (SIGNATURE OF NOTARY PUBLIC) TIONS FOR TWO FAMILY DWELLINGS COMMONLY Strickland AS "DUPLEXES");AMENDING THE SCHEDULE Barbara Strickland -OF LOT,YARD AND BULK REGULATIONS IN CHAPTER Commi85iU❑4 CC 9440,74 28 TO INCREASE THE MINIMUM LOT AREA REGtm-' - �cz }[Hiles July 24,2004 TION FROM 6,000 SQUARE FEET TO 8,000 SQ Bonded i hr� FEET,TO INCREASE THE MNIMUM LOT WIDTH Rtt At)antic Boedin CO,)nc. "LATION FROM 60 FEET TO 80 FEET,TO INCREASE` B SIDE YARD MINIMUM REQUIREMENT FROM 7 FEET TC 15 FEET AND THE COMBINATION OF BOTH SLICE YARDS'TOTAL VrASUREMENTS FROM 14 FEET TO 3( (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) FEET FOR SUCH TWO-FAMILY DWELLING'. ("DUPLEXES"); AMENDING THE PROVISIONS OF ARTI CLE 18 OF CHAPTER 28,WHICH ARTICLE IS ENTITLE( PERSONALLY KNOWN 1 OR "TWO-FAMILY DWELLING (DR-2)DISTRICT TO AMEN[ SECTION 18-20,ENTITLED"SIZE OF PLOT",TO ALSO INCREASE THE MINIMUM LOT AREA FROM 6.00' PRODUCED IDENTIFICATION SQUARE FEET TO 8,000 SQUARE FEET, TO ALSO IN CREASE THE MINIMUM LOT WIDTH FROM 60 FEET Ti 80 FEET AND AMENDING SECTION 18-60, "SID YARDS"TO INCREASE EACH SUCH YARD FROM A MIN' MUM OF SEVEN AND ONE-HALF(7112)FEET TO A MIN MUM OF FIFTEEN (15) FEET FOR SUCH DWELLING'. AMENDING SECTION 5.17 OF THE CODE OF ORD NANCES,WHICH SECTION IS ENTITLED"EXISTING Sit` GEE AND TWO-FAMILY DEVELOPMENT", TO REFLEC. THE NEW REFERENCE TO THE "RD-8000" DISTRIC REGULATIONS: PROVIDING FOR CONFLICTS; PROVII ,ING A SAVINGS CLAUSE,FURTHER,PROVIDING FOR A ''EFFECTIVE DATE.