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Home My WebLink AboutO-2012-015 Land Development Code 5th Text Amendment ORDINANCE NO. 2012-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 105 "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" CONCERNING PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES WITHIN THE COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS; AMENDING ARTICLE 305 "INCENTIVES" CONCERNING DEVELOPMENT INCENTIVES WITHIN THE COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS; AMENDING ARTICLE 725 "DEFINITIONS" TO AMEND THE DEFINITIONS USED IN THE LAND DEVELOPMENT CODE; PROVIDING FOR AMENDMENTS THROUGHOUT THE LAND DEVELOPMENT CODE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach Comprehensive Plan provides that the City of Dania Beach will maintain land development regulations and zoning regulations to implement the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Dania Beach ("City Commission") finds it periodically necessary to amend its Code of Ordinances and Land Development Code ("Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, on September 14, 2010, the City Commission adopted a comprehensive amendment to the City's land development regulations known as "OneCode," to unify the City's regulations of zoning and land development in a single comprehensive Code; and WHEREAS, Community Development Department staff has identified a need to amend the Code in order to authorize and provide regulations for community gardens, urban farms and farmers' markets, to encourage community gardening and increase access to healthy and locally grown produce and food products; and WHEREAS, the proposed clarifications and amendments regarding the permitted uses within certain residential and mixed-use zoning districts are necessary to address farmers' markets, community gardens and urban farm uses and to provide standards and conditions for such uses; and WHEREAS, Article 305 "Incentives" of the Code provides that, within the Community Redevelopment Area form-based zoning districts, height, density and lot coverage bonuses are awarded when a developer provides one or more of attainable housing, public parking, environmentally sustainable development(green building practices), or open space; and WHEREAS, Community Development Department staff has identified a need to amend Article 305 "Incentives" in order to clarify the applicability of development incentives and further provide for development incentives for provision of public parking, for development within the GTWY-MU zoning district; and WHEREAS, Community Development Department staff has identified a need to amend the definitions within Article 725 "Definitions" related to specific uses, and to implement the amendments included in this Ordinance; and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's Comprehensive Plan; and WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and dates of the public hearings; and WHEREAS, two public hearings were held before the City Commission pursuant to the published notice described above; and WHEREAS, the City Commission finds that adoption of this Ordinance 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: 2 ORDINANCE#2012-015 Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Article 105 "Use Regulations for Residential and Open Space Zoning Districts"of the City of Dania Beach Land Development Code is amended to read as follows: Sec. 105-20. List of residential and open space districts permitted, special exception and prohibited uses. Le end P—permitted o P(#)—permitted subject to CN numbered footnote LO 0 A—permitted accessory use only m SE—permitted special M exception use only 0 0 0 0 m 0 o a 00 Co 0 6 - not permitted !n a) to 0 m M M i cn USES w of of W W z Ix X Of a W O Community Garden/Urban Farm [subject to sec. 105- p p p p p p p p p p p 2301 Farmer's Market [subject to sec. 105- P 240 'iC 'JL 7E Sec. 105-230. Community Garden/Urban Farm. The conditions of use required for a community garden/urban farm use within any residential zoning district where permitted by Part 1 of the Land Development Code are as follows: (AA,)The activity must be city operated or administered through a management agreement approved by the city or CRA. Permitted hours of use are from sunup to sundown. One storage shed is permitted, which shall have a maximum square footage area of 400 square feet, and a maximum allowable height of fourteen (14) feet as measured at the highest point of the structure's roof. The keeping of animals is prohibited; however, bees in bee hives (apiaries) are permitted provided that operators shall obtain and maintain all applicable licenses, 3 ORDINANCE#2012-015 permits, certificates, registrations and approvals from the State of Florida Department of Agriculture and Consumer Services and the City. Sec. 105-240. Farmer's Market. The conditions of use required for a farmer's market use within any zoning district where permitted by Part 1 of the Land Development Code are as follows: (A)The activity must be City-operated or administered through a management agreement gpproved by the city_. One storage shed is permitted, which shall have a maximum square footage area of 400 square feet, and a maximum allowable height of fourteen (14) feet as measured at the highest point of the structure's roof. The possession, sale or both of live animals is prohibited. One monument sign is permitted in accordance with Section 505-40. Q Parking must be provided consistent with retail parking requirements identified in Article 265. Hours of use are from sunup to sundown. (Q)Goods permitted to be sold are limited to agricultural and horticultural produce, cottage food products permitted by Section 500.80, Florida Statutes, and other permitted accessory merchandise and uses authorized by perating agreement with the Ci (MOperators, vendors and merchants must obtain all applicable licenses, permits, certificates and approvals. Section 3. That Article 110 "Use Regulations for Commercial and Mixed-Use Districts" of the City of Dania Beach Land Development Code is amended to read as follows: Sec. 110-20. List of permitted,special exception and prohibited uses. Leeend MIXED USE DISTRICTS COMMERCIAL ZONING P—permitted DISTRICTS P(#)—permitted subject to C7 numbered footnote W CRA FORM-BASED DISTRICTS A—permitted accessory > use only SE—permitted special exception use only - not permitted p U A w pxq N T USES U w W z U U U U Farmer's Market NP P sub*ect to NP sec. 105-24Q 4 ORDINANCE#2012-015 Leeend MIXED USE DISTRICTS COMMERCIAL ZONING P—permitted DISTRICTS P(#)—permitted subject to C7 numbered footnote y CRA FORM-BASED DISTRICTS A—permitted accessory use only t~ SE—permitted special exception , c use only - not permitted O U USES U U U U Section 4. That Article 302 Detailed Use Regulations" of the City of Dania Beach g tY Land Development Code shall be amended as follows: Sec. 302-10. Permitted, special exception and prohibited uses. Legend: Districts P =Permitted EDBB- SFED-MU SE=Special Exception use MU (#)=Permitted subject to the restriction in sec. 302-20 having the same number that is within Principal Street Frontage the parenthesis NP =Not Permitted Abbreviations: i `n EDBB=East Dania Beach Boulevard U SFED= South Federal Highway Community Garden/Urban Farm lsubiect to sec. 105-2301 P Farmer's Market[subject to sec. 105-2401 P = K10 WWI P Section 5. That Article 305 "Incentives" of the City of Dania Beach Land Development Code shall be amended to read as follows: 5 ORDINANCE#2012-015 ARTICLE 305. INCENTIVES. Sec. 305-20. Schedule of incentives. The table below shows the amenities that qualify for height, density and impervious area incentives within the different districts. The amounts of the bonuses are delineated below the table. The developer can determine the type and extent of amenities to provide in order to reach the maximum permissible height shown on the height maps. Y=tacenoft cxeM a abie f 3isir is N=kwenlive 0 not&AMAe w of antes halt quWy for cc 83BB- SEED- N - GTM- NM ID domkpwd ides NU Mu #Ili NU RES ProvKde pubic open space or Y N N Y N N paseo see sec. 305-30 housingProvide aftainable [see Y Y Y N N N sec 305-40 Use die bulding Y Y Y Y Y N sea 305-50 Provide Puk P [sec' 305- Y Y Y Y N-Y N 60 — Sec. 305-60. Provide public parking. Bonus of one (1) story, the gFe to,.often 0) or-seven five 5 du/ac, and five(5) two and one half (2.5) percent impervious area for each twefAy (20) ten 10 public parking spaces provided to the city for public parking use through city approval of dedication of the spaces for public use, or for payment in lieu of off-street parking in accordance with Sec. 265-92 through provision of a shared parking agreement in a form approved by the city attorney, which shall restrict the spaces for public use, and shall run with the subject property in perpetuity. The intensity bonus shall not exceed the maximum height, density and minimum impervious area limitations of the applicable district. Section 6. That Article 725 "Definitions" of the City of Dania Beach Land Development Code shall be amended to read as follows: Sec. 725-30. Terms defined. Any term not defined in this section shall have the meaning given by the most recent edition of Webster's Unabridged Dictionary. Community Garden (Urban Farm). An area of land, which may be arranged into multiple plots, used primarily to grow and harvest food crops by individuals or collectively by members of a group, and is operated by the City or administered through an operating agreement with the City or CRA. 6 ORDINANCE#2012-015 Farmer's Market. A building, structure or place used by two (2) or more vendors for the sale of agricultural and horticultural produce, and cottage food products permitted by Section 500.80, Florida Statutes, and other permitted accessory merchandise and uses authorized by perating agreement with the City. Section 7. All ordinances of the City of Dania Beach in conflict with any provisions of this ordinance are repealed to the extent of such conflict. Section 8. 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 9. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. Section 10. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on July 24, 2012. PASSED AND ADOPTED on second reading on August 14, 2012. ATTEST: c� 61u,Itk -20A LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO RM CORRECTNESS: �e �s p�Asr THOM.XS J. SRO CITY ATTORNEY ' 7 ORDINANCE#2012-015