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ORDINANCE NO. 16-99
AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA, PERTAINING TO THE SUBJECT OF ZONING;
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF DANIA BEACH, FLORIDA BY CREATING A NEW
SPECIAL EXCEPTION USE IN THE C-2 AND C-3 ZONING
DISTRICTS, WHEN SUCH DISTRICTS LIE WITHIN THE
DOWNTOWN DANIA BEACH REDEVELOPMENT
DISTRICT, WHICH WILL AUTHORIZE MULTI-FAMILY
HOUSING AS A MIXED USE IN SUCH DISTRICTS,
SUBJECT TO COMPLIANCE WITH ALL RESTRICTIONS
AND CONDITIONS PRESCRIBED IN THE CITY
COMPREHENSIVE LAND USE PLAN; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; 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, Zoning (Article 4, District Regulations, Section 4.20 —
Application of Regulations—Schedule of Use Regulations) of the Code of Ordinances of
the City of Dania Beach is amended by adding a special exception use to the C-2 and
C-3 District Regulations which shall read as follows:
Only in districts zoned C-2, C-3 or both, and only when
located within the downtown Dania Beach Redevelopment
District, mutli-family housing as a mixed use, subject to
compliance with all restrictions and conditions prescribed in
the City Comprehensive Land Use Plan.
Section 2. That, except as amended above, all other provisions of Article 4 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resolutions in conflict with this ordinance are repealed to the extent of such conflict.
ORDINANCE NO. 16-99
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Section 4. If any section, clause, sentence of 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 June 8, 1999.
PASSED AND ADOPTED on second reading on June 2 ;"1999.
M YO —COMMISSIONER
jA�TTT�Q ROLL CALL:
HE B...... - yes
ACTING
CITY CLERK
VICE-MAYOR McELYEA-yes
ACTING CITY CLERK COMMISSIONER CALI -yes
COMMISSIONER ETLING -yes
COMMISSIONER MIKES—yes
APPROVED AS TO FORM AND CORRECTNESS:
By: 1 4 r�
-,,✓ THOMAS J. ANSBRO
CITY ATTORNEY
2 ORDINANCE NO. 16-99
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
Date: 06-15-99 I Agenda Item#:
Title:
2ND READING-ORDINANCE-TX-22-99 TEXT AMENDMENT-ALEX MEDINA 236 N.
FEDERAL HWY., DANIA BEACH
Requested Action:
PUBLIC HEARING - PROPOSED TEXT AMENDMENT WHICH WOULD ALLOW FOR
MULTIFAMILY USES WITHIN THE C-2 AND C-3 ZONING DISTRICTS WITHIN THE
DOWNTOWN REDEVELOPMENT DIESTRICT, AS A SPECIAL EXCEPTION USE.
Exhibits(List):
ORDINANCE
MEMORANDUM FROM TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
APPLICATION
LOCATION MAP
Purchasing Approval:
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name B Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 5/19/99
Commission Action:
Passed ❑ Failed ❑ Continued
❑ Other ❑
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: TX-22-99 Text Amendment—Alex Madina—Second Reading
Date: June 16, 1999
Attached is a copy of a draft ordinance which if approved would allow for
residences in conjunction with commercial development in the C-2 and C-3 Districts
within the Downtown area, if individually approved by the City Commission as a Special
Exception. Attached is a copy of a memorandum from the City Aftorney regarding this
proposed Ordinance as well as appropriate pages from the Comprehensive Plan to
which the text refers. The Planning and Zoning Board reviewed this matter at their last
meeting and recommend that the City Commission adopt the draft Ordinance.
The Commissioners questioned whether the percentages referred to in the plan
text attached to the back up were correct or not. Whether the percentages might be
changed one way or the other. These particular policies are patterned after policies in
the countywide plan and provide the guidelines to allowing for residential within
commercial mixed-use areas utilizing flex.
MMemOh3799.dM
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CITY OF DANIA BEACH
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MEMORANDUM
Via Email
TO: TERRY VIRTA, Growth Management Director
COPIES: MICHAEL W. SMITH, City Manager
LOU ANN CUNNINGHAM, Administrative Aide
FROM: THOMAS J. ANSBRO, City Attorney
DATE: MAY 14, 1999
RE: PROPOSED "MIXED USE" (RESIDENTIAL/COMMERCIAL) SPECIAL
EXCEPTION USE FOR C-2 AND C-3 DISTRICTS LOCATED WITHIN
THE DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT
("DDRD"); TEXT CHANGE APPLICATION
In response to the text change request by the applicant, Alex Medina, Sr. (222 and 236
North Federal Highway; Import Export Livestock Corp.), attached is a copy of the
proposed ordinance.
Please also refer to the excerpts from the proposed Comprehensive Plan (pages 13 and
14), which specifically address the "mixed use" concept. If the applicant's proposed use
does not meet the restrictions and conditions of the Plan, that issue should be
addressed at this stage.
TJA/nd
Aft.
CC: Leigh R. Kerr, AICP (w/att.)
G.MPFILESZLIENTSTANINORDS MISM01-Spec Excep M-F Use in C-2&C-3 Ord.doc
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Uses permitted in areas designated commercial are as follows:
• Retail uses
• Office and business uses
• Wholesale, storage, light fabricating and warehouse uses, if deemed
appropriate by the local jurisdiction.
• Hotels, motels and similar lodging.
• Recreation and open space, cemeteries, and commercial recreation
9 uses.
• Community facilities and utilities
• Penal, correctional, and re-entry facilities are prohibited.
• Special Residential Facility Category (2) development as defined in the
Special Residential Facilities Permitted Uses subsection subject to the
allocation of two (2) reserve or flexibility units in accordance with the
Special Residential Facility provisions and policies for the application of
these units.
• Special Residential Facility Category(3) development as defined in the
Special Residential Facilities Permitted Uses subsection subject to the
allocation of reserve units or flexibility units in accordance with the.
wSpecial Residential Facility provisions and policies for the application of
these units; each flexibility or reserve unit shall permit two (2) sleeping
rooms regardless of the number of kitchens or baths.
• Non-residential agricultural uses
• Residential uses are permitted in the same structure as a commercial
use provided that the local government entity applies flexibility or
reserve units to the parcel and:
a. The residential floor area of mixed commercial/residential
structures does not exceed 50% of the total floor area of the
building; and/or
b. The first floor of mixed commercial/residential structures is
totally confined to commercial uses and/or
c. For parcels five (5) acres in size of less, free standing multi-
family residential uses are permitted; within areas
designated on the County Plan as Urban Infill, Urban
Redevelopment or Downtown Revitalization Areas or
Chapter 163 Redevelopment Areas, free standing multi-
family residential uses are permitted on parcels ten (10)
acres in size or less; and/or
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d. For mixed commercial/residential developments greater
than five (5) acres in size (or 10 acres within areas
designated on the County plan as Urban Infill, Urban
Redevelopment or Downtown Revitalization Areas or
Chapter 163 Redevelopment Areas) free standing multi-
family residential uses are permitted provided that the
gross residential acreage does not exceed rive (5) acres (10
acres within areas designated on the County Plan as Urban
Infill, Urban Redevelopment, or Downtown Revitalization
Areas or Chapter 163 Redevelopment Areas) or 40% of the
total gross acreage of the commercially designated parcel,
whichever is greater, and that the entire mixed
commercial/residential development be governed by specific
zoning regulations that establish criteria to ensure proper
integration and compatibility of land uses within and
surrounding the development; and/or
e. Residential units within the same structure as commercial
uses for the owner, manager or caretaker of the commercial
uses may be located in areas designated commercial
without the application of flexibility units or reserve units.
• Transportation,-and communications facilities; utilities.
d. Downtown Development District(D. D. D.) Commercial Use
The areas designated for D.D.D. commercial on the land use plan provide
for business, office, retail, and service activities appropriate for
development and redevelopment of the Dania Beach Central Business
District. Commercial uses shall be encouraged through flexible
development incentives designed to encourage tax-intensive uses consistent
with redevelopment of the Dania Beach Retail Core.
Uses permitted in areas designated D.D.D. commercial are as follows:
• Retail uses
• Designer Showroom Facilities
• Office and business uses
• Wholesale, storage, light fabricating and warehouse uses, if deemed
appropriate by the local jurisdiction.
• Hotels, motels and similar lodging.
• Recreation, open space, and commercial recreation uses.
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CITY OF DANIA BEACH
I GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
DANIA BEACH,FL 33004
PETITION FOR ZONING TEXT CHANGE
Irx
DATE: r-L., , PETITION 2pr- 0a. `7
TO: THE PLANNING AND ZONING BOARD AND DANIA BEACH CITY COMMISSION, A ZONING
CODE TEXT CHANGE RELATING TO PROPERTY AS HEREINAFTER INDICATED IS HEREBY
REQUESTED BY:
PETITIONER: — -
LEGAL DESCRIPTION OF RELATED PROPERTY: (FOLIO#) ic_'.°-<t'-•�• r., .
GENERAL LOCATION OF SUBJECT PROPERTY: ]'1 9 ' 7 f- «.A
PRESENT ZONING: (2'AREQUESTED ZONING TEXT CHANGE AND REASONS AND
JUSTIFICATION FOR REQUESTED CHANGE: (Please attach a sample of the text to be added or
changed)
/1//olo /YIUlfr -am 0 uJr �lan Gh2
Tl "� l 0 '!On n� ���s�nef�N wf.F �wn'�D vJn (�pnP✓
tJ S }f•C+'� (' ` G `\'CPC i C�P���On USE
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA CITY COMMISSION
Swom to and subscribed before me Signature of Petitioner/Agent
this day of AWC-A 19 9`7 \ �I �n (,
'�l o t� Xll.l rl Il.�,l G�'14
(m — C
a Public State of( ) �34 N�c��l�wti 2�• ru l C 33 `9
Prin ed Name of Notary Street Address,City ate&Zip
Commis lwAmanaqum 9Sy- 920->--.yfi
Seal: r rm.rrm.axe Telephone/Fax Number
Tw..., eemon.unnrrureue "
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY,PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR ZONING
TEXT CHANGE and that I have authorized to make and file the
aforesaid TEXT CHANGE REQUEST.
Swom to and subscribed before me Signature of Petitioner
this day of 19_
Notary Public State of( )
Printed Name of Notary Street Address,City State&Zip
Commission Expires
Seal: Telephone/Fax Number
(DEPARTMENT USE ONLY-DO NOT WRITE BELOW THIS LINE)
ACCEPTED BY: Application Fee: $165.00
Plat Name/Survey Plus Retainer for Administrative and
Site Plan Petition(s) Advertising Costs.(Ch.26.Article 9.60.Recovery
of coats of administratNeMvieW%pd prxessmg.)
Total Required:/ $2,500.00,
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CITY OF DANIA BEACH
ZONING TEXT AMENDMENT
The City of Dania Beach proposes to adopt or discuss an ordinance amending the zoning code by
amending the special exception uses within the C-2 and C-3 zoning categories within the Downtown
Redevelopment District. Two public hearings will be held on the proposed change:
Tuesday, June 8, 1999, on or after 7:30 p.m. for the first reading and
Tuesday, June 22, 1999, on or after 7:30 p.m. for the second reading
in the City Commission Chambers, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, 33004.
The title of the proposed zoning text amendment reads as follows:
Text Amendment request by Mr. Alex Medina, 236 North Federal Hwy., Dania Beach. Mr.
Medina would like to propose a text amendment to the City of Dania Beach Code of
Ordinances, Chapter 28, Zoning, Section 4.20 Schedule of Use Regulations that would allow
multifamily uses within the C-2 and C-3 zoning districts, within the Downtown Redevelopment
District, as a special exception use. The title of the proposed ordinance reads as follows:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE
SUBJECT OF ZONING; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA
BEACH, FLORIDA BY CREATING A NEW SPECIAL EXCEPTION USE IN THE C-2 AND C-3
ZONING DISTRICTS, WHEN SUCH DISTRICTS LIE WITHIN THE DOWNTOWN DANIA
BEACH REDEVELOPMENT DISTRICT, WHICH WILL AUTHORIZE MULTIFAMILY HOUSING
AS A MIXED USE IN SUCH DISTRICTS, SUBJECT TO COMPLIANCE WITH ALL
RESTRICTIONS AND CONDITIONS PRESCRIBED IN THE CITY COMPREHENSIVE LAND
USE PLAN; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
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Copies of the proposed ordinance are available for viewing and purchase in the Growth Management
Department, 100 West Dania Beach Blvd., Dania, Florida 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 ordinance.
Any person who decides to appeal any decision made by the Planning and Zoning Board and City
Commission with regard to any matter considered at this meeting or hearing will need a record of the
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proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made
which includes the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dania, FL
33004, (954)921-8700 ext. 202, at least 72 hours prior to meeting.
Terry Virta, AICP
Growth Management Director
Published May 28", 1999
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C. the arrangement of clustered dwelling units is in
conformance with locally established development
standards.
3. Recreation and open space uses. STAFF RAFT
4. Cemeteries. j�rr
5. Community facilities and utilities.
6. Mining operations consistent with existing local regulations and permits as
of December 31, 1993,and thereafter with extended,amended or renewed
permits(including permits granted as a result of a reapplication that was filed
prior to expiration of the existing permit) may continue pursuant to such
permits and regulations.
7. Transportation facilities.
8. a. Special Residential Facility Category (1) development as
defined in the Special Residential Facilities Permitted Uses
subsection of the Plan Implementation Requirements section
of the Broward County Land Use Plan, subject to the
requirements of this land use category for the location of one
(1)dwelling unit.
b. Special Residential Facility Category (2) development as
defined in the Special Residential Facilities Permitted Uses
subsection of the Plan Implementation Requirements section
of the Broward County Land Use Plan, subject to the
requirements of this land use category for the location of one
(1)dwelling unit.
9. Communication facilities.
COMMERCIAL
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The areas designated for commercial use on the Future Broward County Land Use Plan Map
(Series),consistent with Objective 2.01.00,provide land area for business,office,retail,service and
other commercial enterprises which support the resident and tourist populations of Broward County.
Uses permitted in areas designated commercial are as follows.
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1. Retail uses.
2. Office and business uses.
3. Wholesale, storage, light fabricating and warehouse uses, if deemed
appropriate by the local jurisdiction.
4. Hotels,motels and similar lodging.
5• Recreation and open space,cemeteries,and commercial recreation uses.
6• Community facilities. p
7. a. Special Residential Facility TAFF
Category (2) development
defined in the Special Residential Facilities Permitted Uses
subsection of the Plan Implementation Requirements section
of the Broward County Land Use Plan; subject to the
allocation of two(2)reserve or flexibility units in accordance
with the Special Residential Facility provisions and policies
for the application of these units as contained in the
"Administrative Rules Document:Broward County Land Use
Plan".
b. Special Residential Facility Category (3) development as
defined in the Special Residential Facilities Permitted Uses
subsection of the Plan Implementation Requirements section
of the Broward County Land Use Plan; subject to the
allocation of reserve units or flexibility units in accordance
with the Special Residential Facility provisions and policies
for the application of these units as contained in the
"Administrative Rules Document:Broward County Land Use
Plan'; each flexibility or reserve unit shall permit two (2)
sleeping rooms regardless of the number of kitchens or baths.
g. Non-residential agricultural uses,
9. Residential uses are permitted,without the need to amend the local land use
plan map,provided that the local government applies flexibility or reserve
units to the parcel in the following manner:
a. The residential floor area of mixed commercial/
residential structures does not exceed 50%of the total
floor area of the building;and/or
b. The first floor of mixed commercial/residential
structures is totally confined to commercial uses
and/or
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C. For parcels 5 acres in size or less, free standing
multi-family residential uses are permitted; within
areas designated on the County Plan as Urban Infill,
Urban Redevelopment or Downtown Revitalization
Areas or Chapter 163 Redevelopment Areas, free
standing multi-family residential uses are permitted
on parcels 10 acres in size or less;and/or
d. For mixed commercial/residential developme'ntso)J
greater than 5 acres in size(or 10 acres within areas �1�1 8
designated on the County Plan as Urban Infill, Urban
Redevelopment or Downtown Revitalization Areas or
Chapter 163 Redevelopment Areas) free standing
multifamily residential uses are permitted provided
that the gross residential acreage does not exceed 5
acres(10 acres within areas designated on the County
Plan as Urban Infill, Urban Redevelopment or
Downtown Revitalization .Areas or Chapter 163
Redevelopment Areas) or 40% of the total gross
acreage of the commercially designated parcel,
whichever is greater, and that the entire mixed
commercial/residential development be governed by
specific zoning regulations that establish criteria to
ensure proper integration and compatibility of land
uses within and surrounding the development;and/or
e. Residential units within the same structure as
commercial uses for the owner, manager or caretaker
of the commercial uses may be located in areas
designated commercial without the application of
flexibility units or reserve units.
10 Recreational vehicle park sites at a maximum density of ten (10) sites per
gross acre if permanent location of recreational vehicles on the site is
Permitted by the local land development regulations,or twenty(20)sites per
gross acre if such permanent location is prohibited by the local land
development regulations; subject to allocation by the local government of
available flexibility or reserve units.
H. Transportation facilities.
12. Communication facilities.
13. Utilities,excluding landfills.
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