HomeMy WebLinkAboutO-2008-022 Hotel Overlay District ORDINANCE NO. 2008-022
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, AMENDING CHAPTER
28 "ZONING," ARTICLE 22 (RESERVED) TO ADD A HOTEL OVERLAY
DISTRICT, IN ORDER TO PROVIDE FOR A NEW OVERLAY ZONING
DISTRICT; AMENDING ARTICLE 28, "SIGNS", SECTION 28.190,
"NONCONFORMING SIGNS", IN ORDER TO EXEMPT LEGAL
NONCONFORMING POLE SIGNS IN THE HOTEL OVERLAY DISTRICT
FROM REMOVAL; AMENDING ARTICLE IV-A, "ADMINISTRATIVE
VARIANCE PROCEDURES", SECTION 33.126, "ADMINISTRATIVE
VARIANCE PROCEDURES" OF THE ZONING APPENDIX IN ORDER TO
PROVIDE FOR ADMINISTRATIVE VARIANCES WITHIN THE HOTEL
OVERLAY DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("City")has adopted zoning district regulations in the City, in order to maintain and improve the
quality of development and compatibility of land uses within the City while allowing a full range
of land uses and services to the City's residents; and
WHEREAS,these provisions are codified in Chapter 28, "Zoning," of the City's Code of
Ordinances; and
WHEREAS, the City Commission finds and determines that there is a need to encourage
coordination between separately developed and owned hotel-oriented projects in areas servicing
the tourism industry within the City in order to better serve the community needs; and
WHEREAS, the City Commission finds there is a need to clearly identify hotel and
ancillary service areas supporting tourism for the safety and convenience of travelers who are
unfamiliar with the area; and
WHEREAS, the City Commission finds there is a need to provide for administrative
procedures and criteria for certain variances which are appropriate to the goals of the proposed
Hotel Overlay District; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed these proposed provisions and recommended their approval to the City
Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed ordinance and of a public hearing;
and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Creation of Hotel Overlay. That Article 22, (Reserved) of Chapter 28
"Zoning" is added as follows:
ARTICLE 22. HOTEL OVERLAY DISTRICT
22.10. Created.
This Section creates the Hotel Overlay District which shall be an overlay district
supplementing, and cumulative to, the development regulations of the underlying zoning district.
Designation of any property as part of a Hotel Overlay District does not change the effective land
use plan designation or the underlying official zoning district. These provisions are intended to
supplement underlying zoning regulations in order to support the stated pmose of the overlay
district and shall control in the event of conflict.
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22.20. Purpose.
22.21 Purpose. The Hotel Overlay District is designed to apply where coordination is
needed between separately developed projects to address issues such as infrastructure
environmental protection signage pedestrian movement parking access or employment
activities, to facilitate the provision of hotel and ancillary service areas supporting City tourism
as deemed appropriate by the City Commission The City Commission in its implementation of
these districts, seeks to provide safety measures and controls for the protection and convenience
of out-of-town travelers. unfamiliar with the City.
22.22 Encouraged Development Components In order to achieve high quality
development and promote innovative design concepts and flexibility, the following components
shall be encouraged within the Hotel Overlay District:
(a) The arrangement of uses and structures designed to encourage compatible mixed-use
and multi-use developments within a master-planned style of environment, regardless of
the existence of multiple site ownerships or separately developed parcels
(b) The provision for adequate transportation systems to serve the development including
sufficient rights-of-way, street extensions, shared access, cross access internal
circulation, capacity improvements, and pedestrian circulation.
(c) The provision of shared infrastructure for parking and storm water management
facilities as well as public utilities.
(d) The provision of coordinated landscaping_parking facilities, pedestrian amenities
and signage controls.
22.30. Hotel Overlay District Designations.
22.31 Applicability. The Hotel Overlay District shall only be applied to areas intended
to operate and perform as a cohesive development site, regardless of the existence of multiple
uses, land owners and site developers. In order to qualify for designation, the proposed area
shall meet the criteria below:
(a) Any Hotel Overlay District shall include a minimum of two hotels;
(b) Adjacent office or retail support facilities may be included as appropriate based on
location, use or access relationships between the hotels and adjacent facilities;
O In order to provide a unity, connection and identification with the primary street
system, any area proposed for designation as a Hotel Overlay District shall include at
least one property adjacent to either Griffin Road or Stirling Road.
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The majority of uses must provide support services to tourism within the City, or to
another development in the proposed Hotel Overlay District which provides support
services to tourism.
(1) Hotels shall provide shuttle service to the Airport.
(2) Uses adjacent to hotels in the proposed district, including but not limited to office,
restaurant and other retail shall be deemed supportive services by virtue of the
potential use interactions, and safe and convenient pedestrian paths are to be provided
between the hotels and these areas.
(e) All property owners whose property is proposed for inclusion in a Hotel Overlay
District must join in the application for designation.
(1 The location, design and size of the shared monument sign pursuant to the
requirements of 22.50, shall be submitted for approval with the application for a Hotel
Overlay District.
22.40. Parking.
22.41. On-site location of required parking spaces. Parking spaces for all uses or
structures which are provided to satisfy the schedule of off-street parking and other applicable
provisions shall be located on the same lot as the principal use or structure they are intended to
serve, except as provided in this Section.
22.42. Off-site location of required parking_spaces. Establishment of required parking
facilities on off-site properties may be permitted as follows:
(a) Two (2) or more abutting properties within the Hotel Overlay District may enter into
a cross-access agreement with each other providing for the shared use of excess parking,
(b) Such shared parking arrangements shall be approved by the community development
director or his or her designee, if:
(1) Each property has access to (through the shared parking agreement(s)) parking
spaces equal to its own required number of parking spaces, or such number of spaces
as may be recommended by the community development director as sufficient for the
uses in the Hotel Overlay District based on his or her review of an engineer's parking
study for the district, and approved by the city commission; and
(2) The shared parking agreement is in writing, provides cross access, ingress and
egress as necessary and provides for maintenance and enforcement. The agreement
shall run to the benefit of the City and shall be binding_upon any heirs, successors and
assigns. The agreement may be terminated only upon agreement of the community
development director or his or her designee, which may be granted if each property
standing on its own satisfies the off-street parking requirements established by the
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Code or city commission or other off-street facilities are provided which meet the
requirements of this chapter.
(c) The applicants for shared parking shall bear the expense of recording the agreement.
22.50. Signage.
22.51 Generally. Signage shall meet all the requirements of the sign regulations, Article
28 of this Chapter, based on the underlying zoning district and use, except as provided in this
Section. In the event of conflict between this Section and Article 28, this Section shall prevail.
(a)Signage on any property within the Hotel Overlay District, will, at all times, include
information related to the use of the property upon which the sign is located.
(b) In the event a commercial use is designed to front both the hotels and Griffin Road or
Stirling Road, Article 28 may be applied to allow individual signage on both sides of the
commercial building.
22.52 Shared district monument sign. The properties within the Hotel Overlay District
shall provide one shared district monument sign, which shall identify all properties and uses
within the designated overlay district subject to the requirements of the underlying sign
regulations as modified in this Section:
(a) The shared district monument sign shall be located on a yrroperty adjacent to Griffin
Road or Stirling Road, as applicable, and shall be substituted for a monument sign which
would otherwise be permitted on that property. This does not preclude the placement of
additional signage, identifying the Griffin Road or Stirling Road property only, if
additional signage would be otherwise permitted under the sign regulations of Article 28.
(b) The shared district monument sign shall meet the requirements of 28.180 except that
the shared district monument sign is permitted to be 78 square feet in area and 8 feet in
height
(c) The city commission may approve a maximum size of this monument sign larger than
that permitted in this Section, if it determines that the additional area is necessary to
legibly identify all the shared overlay district uses on the sign.
(d) The location, design, and size of the shared district monument sign shall be approved
at the time application for the Hotel Overlay District is made.
22.53 Shared district pole sign. If any property within the Hotel Overlay District is
located within one thousand (1,000) feet of Interstate 95, a single pole sign shall be permitted in
the district, which pole sign shall be a shared district pole sign.
(a) The shared district pole sign shall identify every use within the designated Hotel
Overlay District which:
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(1) has greater than 60,000 square feet enclosed under roofed area; and
(2) has no other existing pole sign identification within the Hotel Overlay District.
(b) The shared district pole sign shall not exceed a height of fifty (50) feet or twenty-five
(25) feet above the height of the elevation of the abutting interstate highway, whichever
is less, and 50 square feet in area per eligible advertised use.
(c) No use shall be advertised on more than one pole sign within the District.
(d) The city commission may approve a maximum size or height of this pole sign larger
than that permitted in this Section, if it determines that the additional area is necessary to
legibly identify all the eligible shared overlay district uses on the sign.
(e) No new pole signs except a single shared district pole sign as permitted above shall
be permitted within the District.
M Legal pole signs existing at the date of designation as a Hotel Overlay District, shall
be permitted to remain as legal, non-conforming signs, with regards to the requirements
of this Overlay District. Legal non-conforming pole signs shall be maintained providing
that no legal non-conforming pole sign may be expanded in any way except to the extent
provided in this Section if it is to be modified and utilized as the sole shared district pole
sign for the District.
22.60 Administrative Variances.
Administrative Variances to parking and landscaping requirements may be granted
pursuant to the provisions of Section 33.126 of the Zoning Appendix of this Code. Additional
variances may be granted by the City Commission as provided in this Article.
Section 3. Revision to Nonconformingsigns.igns. That Article 28, "Signs" of Chapter 28
"Zoning", Section 28.190, "Nonconforming signs" is amended to read as follows:
28.190. Nonconforming signs.
(1) The following types of signs are declared to be nonconforming and shall be removed no
later than five (5) years from the date of adoption of Ordinance No. 25-98:
(a) All roof signs, except integral.
(b) All pole signs, except those allowed in section 28.140 or Section 22.53.
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Section 4. Revision to Administrative Variance Procedures. That Article IV-A,
ADMINISTRATIVE VARIANCE PROCEDURES, Section 33.126, "Administrative Variance
Procedures" of the Zoning Appendix is amended to read as follows:
33.126. Administrative variance procedures.
(a) The community development director is authorized to review and approve the
following variances for single-family homes, without review by the planning and zoning
advisory board and the city commission, subject to compliance by the applicant with the
requirements of subsection (4 as well as with all other zoning and City Code
requirements:
(b) The community development director is authorized to review and approve the
following variances for existing commercial, industrial, or office buildings containing
fifty thousand (50,000) square feet or less, without review by the planning and zoning
advisory board and city commission, subject to meeting the requirements of subsection
(ed) as well as all other zoning and City Code requirements:
(c) In addition to the variances permitted under subsection (b) above, the community
development director is authorized to review and approve the following variances for
properties within a designated Hotel Overlay District without review by the planning and
zoning advisory board and city commission, subject to meeting the requirements of
subsection (d) as well as all other zoning and City Code requirements:
(1) The landscaped portion of required landscaped terminal islands may be
reduced by up to fifty_(50) percent if the non-landscaped fifty (50) percent of the
terminal island is incorporated into a pedestrian access/sidewalk system in order
to promote and encourage pedestrian safety and circulation throughout the site,
district or both.
(sd� Conditions of approval.
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, as amended, shall remain in full force
and effect.
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Section 6. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
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 take effect immediately at the time of its passage
and adoption.
PASSED on first reading on August 12, 2008.
PASSED AND ADOPTED on second reading on August 26, 2008.
�iW" l5
ALBERT C. JONES
MAYOR-COMMISSION
�Pp VS Ft
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO IJAND CORRECTNESS:
BY:
THOM SBRO
CITY ATTORNEY
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