HomeMy WebLinkAboutO-2009-006 TX-07-09 Dania Beach CRA Text Amendment ORDINANCE NO. 2009-006
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER
28, "ZONING," BY CREATING SECTION 21.22 ENTITLED "DESIGN
VARIATIONS" TO ENCOURAGE DEVELOPMENT THAT IS CONSISTENT
WITH THE RECOMMENDATIONS OF THE ADOPTED COMMUNITY
REDEVELOPMENT AREA PLAN; 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,Article 21 "Downtown Transit Oriented Development ("TOD") and Transit
Oriented Corridor (TOC) Districts" of Chapter 28 "Zoning" of the Code of Ordinances of the
City of Dania Beach, Florida provides transit-oriented zoning regulations for the redevelopment
of the City's downtown and principal arterial roads within the Community Redevelopment Area;
and
WHEREAS, the City Commission, sitting as the Community Redevelopment Agency,
approved a new Community Redevelopment Area Plan ("CRA Plan") on February 4, 2009; and
WHEREAS, the CRA Plan makes recommendations for specific urban development
characteristics within the CRA; and
WHEREAS, on March 11, 2009, the City Commission adopted Resolution 2009-045,
which expresses the Commission's concurrence with the CRA Plan recommended by the
Community Redevelopment Agency, and provides intent statements and development standards
that fully articulate the urban form recommendations of the CRA Plan; and
WHEREAS, the intent and development standards exemplified in Resolution 2009-045
are consistent with the intent of Article 21, but are more specific and better implement the urban
form the City desires; and
WHEREAS,the City Commission desires to encourage development consistent with the
recommended CRA Plan and the implementing Resolution 2009-045 by providing the flexibility
in Article 21 for this to occur; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
reviewed this Ordinance on March 18, 2009 and recommended approval to the City
Commission; and
WHEREAS, the City Commission finds that this Ordinance is consistent with the City's
adopted Comprehensive Plan, the CRA Plan as recommended by the Community
Redevelopment Agency, and necessary for the preservation of the public health, safety and
welfare of the City's residents;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Creation of Design Variations. That Article 21 of Chapter 28, "Zoning" of
the Code of Ordinances of the City of Dania Beach, Florida, is amended to add Section 21.22 to
read as follows:
Section 21.22. Design variations.
(a) Intent. The City Commission finds that:
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(1) Due to the large area and range of physical conditions covered by the TOD and TOC
districts, the physical urban form that this article is intended to encourage can
sometimes be hampered by strict adherence to the building envelope standards,
without considering differences in site conditions; and
(2) Superior solutions to building form and design can sometimes be achieved when
judicious flexibility in design is permitted; and
(3) The urban development form details recommended by the adopted Community
Redevelopment Area (CRA) Plan and implementing resolutions are in some cases
more specific articulations of urban development form desired by the City
Commission than the minimum and proscriptive type of standards in this article, and
as such, the City Commission encourages development consistent with the CRA Plan
and implementing resolutions.
(b) Criteria for approval. The City Commission may approve variations from the building
envelope, lot, parking, and landscaping standards of this article at the time of site plan
approval, provided that the City Commission finds that such variations are consistent
with and advance the City's desired urban form as articulated by the adopted Community
Development Redevelopment Area Plan and the supporting resolutions adopted by the
City Commission. Such variations may be proposed by a developer as part of a site plan
submittal, without the need for variances and the requisite demonstration of undue
hardship.
(c) Documentation requirement. Every site plan submittal that does not adhere to the
standards and regulations of this article for which this section permits flexibility, shall
provide a site data table that identifies all such proposed deviations. The site plan shall
be accompanied by a letter of intent that explains how each of the proposed deviations is
consistent with this section.
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, 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 the provisions of this Ordinance are repealed.
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.
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Section 5. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on March 24, 2009.
PASSED AND ADOPTED on second reading on May 12, 2009.
lam-
ANNE CASTRO
MAYOR-COMMISSIONER
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ATTEST:
LOUISE STI SON, CMC 1
CITY CLERK
APPROVED A TO FORM AND CORRECTNESS:
THOM S J. 0
CITY ATTORN Y
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