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HomeMy WebLinkAbout2001-09-12 Planning and Zoning Board Minutes — I SUMMARY MINUTES CITY OF DANIA BEACH LOCAL PLANNING AGENCY Wednesday, September 12, 2001 7:30 P.M. Roll Call Meeting reconvened at 9:15 p.m. 1) Zoning Text Change - Ordinance -Adult Entertainment Code AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 1 TO DELETE SECTION 17-11.1, ENTITLED "INDECENT OR ADULT ESTABLISHMENTS" IN ITS ENTIRETY; AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: AMENDING ARTICLE 2, SECTION 2.10, DEFINITIONS, TO CREATE A NEW DEFINITION, ENTITLED "LIVE ENTERTAINMENT' AND TO PROVIDE FOR THE RENUMBERING OF SUBSEQUENT DEFINITIONS; AMENDING ARTICLE 4, SECTION 4.20, ENTITLED "APPLICATION OF REGULATION"; AMENDING ARTICLE 16, SECTION 16.40, ENTITLED "SPECIAL EXCEPTION USES"; AMENDING ARTICLE 27, SECTION 27.20, ENTITLED "PERMITTED USES," SECTION 27.30, ENTITLED "PROHIBITED USES" AND SECTION 27.40, ENTITLED "SPECIAL EXCEPTION USES;" AND AMENDING ARTICLE 30, SECTION 30.40, ENTITLED "SPECIAL EXCEPTION USES;" CREATING A NEW ARTICLE 31 IN CHAPTER 28 ENTITLED "ADULT ENTERTAINMENT ESTABLISHMENTS;" CREATING REGULATED USES TO BE LOCATED ONLY IN INDUSTRIAL- RESEARCH-OFFICE-MARINE (IROM) ZONING DISTRICTS; REQUIRING A DISTANCE SEPARATION OF REGULATED USES FROM SPECIFIED USES; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR VIOLATIONS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Growth Management Director gave a summation to the Board regarding the proposed zoning text change ordinance on adult entertainment Code. Susan Trevarthen, City Attorney Secretary addressed the Board explaining the ordinance amendment revisions to adult entertainment regulations. Motion made by Mike Nolan to recommend approval of zoning text change ordinance revisions to adult entertainment regulations, seconded by Lisa Young. Motion passed on the following call: Lottye Crooms - yes Lisa Young - yes Paul Fetscher - yes John Etling - yes Mike Nolan - yes Local Planning Agency 1 LPA-Sept 2001 MINUTES 2) Zoning Text Change - Ordinance -Abolition of the "D" Districts 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 DELETE THE "TWO-FAMILY DWELLING (DR-2) DISTRICT," "COMMUNITY BUSINESS (DB-2) DISTRICT," "'GENERAL BUSINESS (DB-3) DISTRICT," "COMMERCIAL (DC-1) DISTRICT," "LIGHT INDUSTRIAL (DM-1) DISTRICT," "MEDIUM INDUSTRIAL (DM-2) DISTRICT," "GENERAL INDUSTRIAL (DM-3) DISTRICT," AND "LIMITED HEAVY INDUSTRIAL (DM-4) DISTRICT" ZONING DISTRICTS AS OBSOLETE; AMENDING THE SCHEDULE OF LOT, YARD AND BULK REGULATIONS IN CHAPTER 28 TO DELETE STANDARDS FOR THESE DISTRICTS; DELETING ARTICLE 18 OF CHAPTER 28 "TWO-FAMILY DWELLING (DR-2) DISTRICT;" DELETING ARTIC E 19 OF CHAPTER 28 "COMMUNITY BUSINESS (DB-2) DISTRICT;" DELETING ARTICLE 20 Of CHAPTER 28 GENERAL BUSINESS (DB-3) DISTRICT, DELETING ARTICLE 21 OF CH�4PTER 28 "COMMERCIAL (DC-1) DISTRICT;" DELETING ARTICLE 22 OF CHAPTER 28 "LIGHT INDUSTRIAL (DM-1) DISTRICT;" DELETING ARTICLE 23 OF CHAPTER 28 "MEDIUM INDUSTRIAL (DM-2) DISTRICT;" DELETING ARTICLE 24 OF CHAPTER 28 "GENERAL INDUSTRIAL (DM-3) DISTRICT;" DELETING ARTICLE 25 OF CHAPTER 28 "LIMITED HEAVY INDUSTRIAL (DM4) DISTRICT;" PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Growth Management Director gave a brief summation to the Board regarding the proposed deletion of"D" Districts from the City Zoning Code. Motion made by Lisa young to recommend approval of zoning text change ordinance on abolition of the "D" Districts, seconded by Mike Nolan Motion passed on the following call: p 9 Lott ye Crooms - es Lisa Young - es Y Y 9 Y Paul Fetscher - yes John Etling - yes Mike Nolan - yes 3) Zoning Text Change - Ordinance - Zoning in Progress 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. Susan Trevarthen, City Attorney Secretary gave a summation to the Board regarding the proposed zoning text change ordinance - zoning in progress. Motion made by Lisa Young to recommend approval of zoning text change ordinance - zoning in progress, seconded by Mike Nolan. Local Planning Agency 2 LPA-Sept 2001 MINUTES I Motion passed on the following call: Lottye Crooms - yes Lisa Young - yes Paul Fetscher - yes John Etling - yes Mike Nolan - yes 4) Revisions to Chapter 28, Article 29.10 Impervious Land Area Requirements. 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, GFedit towards the GernputatieR of the pewieue, are-:a shall be loading zones, OF aGtively used parking stalls an GOMMP-m-i-al or ng bIGGks may be used on eyeFfiew parking ar-eas, park and shall be planted with a nonr e of gFass SUGh as, but not limited to, zoysia oF da-grass. (3) (2) 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. Local Planning Agency 3 LPA-Sept 2001 MINUTES (4) (3) 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. (Ord. No. 20-99, § 1, 8-24-99) Laurence Leeds, AICP, Growth Management Director gave a summation to the Board regarding the proposed revisions to Chapter 28, Article 29.10 Impervious Land Area Requirements. Motion made by Mike Nolan to recommend approval of the proposed revisions to Chapter 28, Article 29.10 Impervious Land Area Requirements, seconded by Lisa Young. Motion passed on the following call: Lottye Crooms - yes Lisa Young - yes Paul Fetscher - yes John Etling - yes Mike Nolan - yes ADJOURMENT Local Planning Agency 4 LPA-Sept 2001 MINUTES 1 —