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HomeMy WebLinkAboutO-2015-022 Establishing PUMD Second.. ORDINANCE NO. 2015-022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28 "LAND DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES BY AMENDING PART 1 "USE REGULATIONS", ARTICLE 100 "GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS" TO PROVIDE FOR AND ESTABLISH PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD) AND AMENDING ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS" TO PROVIDE FOR PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD) REGULATIONS; AMENDING PART 2 "SITE DEVELOPMENT REGULATIONS TO REFERENCE AND PROVIDE FOR PLANNED MIXED- USE DEVELOPMENT DISTRICT (PMUD); AMENDING PART 3 "SPECIAL ZONING DISTRICTS" TO ESTABLISH SUBPART 5 "PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD)" AND ARTICLE 340 "PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD),AMENDING SUBPART 1 "COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS" TO PROVIDE FOR PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD); AMENDING PART 4 "SUBDIVISION AND OFF-SITE REGULATIONS" TO PROVIDE FOR STANDARDS AND REGULATIONS RELATED TO PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD); AMENDING PART 5 "SIGNAGE AND DESIGN REGULATIONS" TO PROVIDE FOR PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD) SIGNAGE AND DESIGN REGULATIONS; AND FURTHER AMENDING PART 6 "DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS" PROVIDING FOR PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD) DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach ("City Commission") finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, Article VII, 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 thereof; 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 has adopted a vision and mission statement that includes promoting development, redevelopment and economic development within the City;and WHEREAS, the City has established a Regional Activity Center (RAC) land use designation to provide for development of a mixed land uses of regional significance; and WHEREAS, the City's traditional development standards do not afford sufficient flexibility to accommodate development of a large-scale mix of uses within the RAC in a complementary and integrated manner;and WHEREAS, the City's land development code does not include a planned mixed-use development district designed to facilitate development of large parcels of land with direct access to major roads and within close proximity to airports and cruise ship facilities; 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 (2) public hearings before the City Commission were held 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: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Part 1 "Use Regulations," Article 100 "General Use Regulations Applying To All Zoning Districts" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 100. - GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS 2 ORDINANCE#2015-022 Sec. 100-20. -How to use Part I of this code. (B) Commercial and mixed-use districts. (3) The permitted uses within the planned mixed-use district (PMUD) are subject to density and intensity limitations established by the ci 's comprehensive plan for the Dania Beach Regional Activity Center (RAC permitted, conditional, special exception, restricted or prohibited uses within the PMUD shall be identified and established pursuant to the approved PMUD Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAC) and Article 340 of this chapter. The General use regulations of Part I shall apply to the PMUD only as specified in Article 340 and in the approved PMUD DDG. Sec. 100-60. -Establishment of zoning districts. The restrictions and controls intended to regulate development in each district are uniform for each class or kind of categorical delineation or distinction. For the purposes of protecting, promoting and improving the public health, safety and the general welfare of the citizens and residents,the city is divided into the following districts: District map Full district Intent and purpose of district designation title gM Y � - - - „ M s a PMUD Planned Encourages an inte rag_ted approach to redevelopment within the Mixed-Use Dania Beach Regional Activity Center (RAC) encompassing a Development mix of uses at an intensity and density consistent with the District proximity to regional roadways, the airport and seaport. This i district is intended for large-scale mixed use development with direct access to an arterial roadway(s) which serves as a transit I 3 ORDINANCE#2015-022 route or located within close proximily to a mobility Section 3. That Part 1 "Use Regulations," 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: ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS Sec. 110-10.Applicability. The detailed use regulations of this article do not apply within the CRA form-based districts or Planned Mixed Use Development district (PMUD) of part 3 of this code unless otherwise provided. Sec. 110-20. List of permitted, special exception and prohibited uses. Included in the table below are permitted, special exception and prohibited uses within commercial districts, the residential office (RO) district, the Marine district, and generalized permitted and special exception uses within the mixed-use CRA form-based districts. Permitted and special exception uses shown in this table for the CRA form-based districts are not allowed in all areas of a district; therefore, the more detailed regulations of article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. Unless otherwise provided, this table shall not apply to uses in the Planned Mixed Use Development district (PMUD). All permitted, conditional, special exception, restricted or prohibited uses within the PMUD shall be identified and established pursuant to the approved PMUD Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activily Center(RAC) and Article 340 of this chapter . Sec. 110-50. Proximity of alcoholic beverage establishments to other establishments and uses. (A) [Applicability.] The distance separation requirements of this section shall not apply to: (1)The sale of beer for consumption off-premises; and 4 ORDINANCE#2015-022 (2) Restaurants and cafes (including outdoor or open-air cafes specifically approved by the city commission) serving beer, wine, and liquor, for consumption on the premises only, that are located within the Community Redevelopment Area form-based code districts, and.; (3) Vendors operating in compliance with Design Development Guidelines (DDG) approved for property zoned Planned Mixed-Use Development district(PMUD). Section 4. That Part 2 "Site Development Regulations," Article 200 "User Guide for Part 2 of the Code" of the City of Dania Beach Land Development Code is amended to read as follows: Sec. 200-40. How part 2 of this code relates to the CRA form-based and PMUD regulations. (A) The site development regulations for the CRA form-based districts (CC, EDBB-MU, SFED- MU, GTWY-MU,NBHD-MU, NBHD-RES)_are not contained in the article 205 schedule of site development regulations. Instead, they are located in part 3 of this code. However, the detailed site development regulations of the remainder of part 2 apply to the CRA form-based districts unless otherwise noted. In the event of a conflict between part 2 and part 3, the standards of part 3 shall take precedence for areas zoned in one of the CRA form-based districts. (B) Unless otherwise provided, site development regulations for the Planned Mixed Use Development district (PMUD) are specified within Article 340 of this chapter and within the approved Development Design Guidelines (DDG). However, the sections of part 2 that specifically govern airport safety, wildlife and environmentally sensitive lands shall apply to the PMUD district. Section 5. That Part 3 "Special Zoning Districts," Subpart 5 "Planned Mixed-Use Development District (PMUD)" of the City of Dania Beach Land Development Code is established and created to read as follows: PART 3.—SPECIAL ZONING DISTRICTS Part 3 addresses the special zoning districts created by the City. Each of the subparts is devoted to a separate special zoning district, as follows: 5 ORDINANCE#2015-022 Subpart 1: Community_Redevelopment Area(CRA)Form-Based Zoning Districts Subpart 2: Hotel Overlay District Subpart 3:Design District Overlay Subpart 4: Port Everglades Development District(PEDD) Subpart 5: Planned Mixed-Use Development District(PMUD) SUBPART 5. -PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD) ARTICLE 340.—PLANNED MIXED-USE DEVELOPMENT DISTRICT (PMUD) Sec. 340-10. - Purpose, (A) The Planned Mixed-Use Development zoning district (PMUD) is intended to encourage facilitate quality development and redevelopment within the Dania Beach Regional Activity Center(RAC) by providing flexibilityfor or large-scale development accommodating a mix of uses in a complementary and integrated manner. The increased density and mix of uses is desirable to create a compact work, live, shop and leisure environment that reduces transportation needs by combining uses and provides an attractive destination for tourists and local citizens. This density and intensity of use is appropriate for large parcels of land with access to major roads and within close proximity to airports and cruise ship facilities. (B) The adopted PMUD Development Design Guidelines (DDG) is intended to regulate development within the PMUD in much the same manner as the City's Land Development Code controls development in other zoning districts. A PMUD may be developed in one or more phases, as set forth in the adopted PMUD DDG. (C) Where this Article 340 and an approved PMUD DDG fail to address any matter regulated by this chapter, development within a PMUD shall be governed by those regulations of this chapter. Sec. 340-20. - Uses permitted. The PMUD may only be utilized within the Dania Beach Regional Activity Center (RAC). Generalized permitted uses are those set forth in the Dania Beach RAC which include residential, hotel, commercial, office and employment center. All permitted, conditional, special exception, restricted or prohibited uses within the PMUD shall be identified and established pursuant to the approved PMUD Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAQ and Article 340 of this chapter. Uses may be 6 ORDINANCE#2015-022 horizontally and vertically mixed within a building() as well as within the PMUD as regulated by the DDG. Sec. 340-30.—General development standards. (A) Minimum size. The minimum size for a PMUD shall be fifty(50) acres of contiguous land. (B) Density and intensity: The density and intensity of land uses within a PMUD shall be consistent with the Dania Beach Regional Activity Center (RAC) provisions set forth in the Future Land Use Element of the City's Comprehensive Plan. The maximum permissible residential densities and square footages of non-residential uses within a PMUD shall be established in the PMUD DDG approved by the City Commission. No building permit may be issued for development of property within a PMUD except in compliance with the density intensity limits of the PMUD DDG. (C) Public access. Each permitted use shall have access to a public street either directly or indirectly via an approach, private road, or other area dedicated to the public or private use or common easement guaranteeing access. The City shall be allowed access on privately owned roadways, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the residents. (D) Maximum height. Unless a more restrictive height is specified in the approved Development Design Guidelines (DDG)the height limitations for a building or structure are those prescribed by the Federal Aviation Administration. The other requirements of Article 220, "Supplemental Building and Structure Height Regulations (Including Lowest Finished Floor); Rooftop Regulations", shall apply unless otherwise specified in the Development Design Guidelines (DDG). (E) Minimum lot size or width. No minimum lot size or width applies within a PMUD, except as specified by the approved Development Design Guidelines (DDG). (F) Minimum setbacks. There shall be a minimum setback for all principal structures of not less than fifteen (15) feet in depth abutting all public road rights-of-way adjacent to the PMUD. Where the rear fASade of a building is oriented toward the adjacent public road, a deeper setback which includes a landscape buffer shall be provided, as specified in the approved Development Design Guidelines (DDG). All other required setbacks shall be as specified in the approved DDG. 7 ORDINANCE#2015-022 (G) Minimum distance between structures. Minimum distance between structures within a PMUD shall be as specified in the approved Development Design Guidelines (DDG). (H)Offstreet parking. The standards and requirements of Article 265 "Off-street Parking Requirements," shall apply unless otherwise specified in the approved Development Design Guidelines (DDG). (I) Offstreet loading. The requirements of Article 270 "Off-street Loading Requirements," shall apply unless otherwise specified in the approved Development Design Guidelines (DDG). M Outdoor lighting. The requirements of Article 280 "Outdoor Lighting Standards," shall apply unless otherwise specified in the approved Development Design Guidelines (DDG). (K) Landscaping,. The requirements of Article 275 "Landscaping Requirements," shall apply unless otherwise specified in the approved Development Design Guidelines (DDG). (L) Walls, fences and hedges. The requirements of Article 235 "Walls, Fences and Hedges," shall apply unless otherwise specified in the approved Development Design Guidelines (DDG). (M) SignaQe. The requirements of Article 505 "Sign Regulations," shall apply unless otherwise specified in the approved Development Design Guidelines (DDG). (N) Roadways. Internal private roads with access to public roads are permitted provided they are constructed to the same generally accepted engineering standards as public roads and provisions for maintenance are stipulated in the Development Design Guidelines. (0) Pedestrian circulation and connectivity. The Design Development Guidelines (DDG) shall provide a continuous and connected pedestrian circulation system throughout the PMUD for all buildings and uses, parking, transit and common areas with safe convenient connection to off- site public pedestrianways and sidewalks. (P) Multi-modal transportation. The PMUD shall foster the use of alternative modes of transportation, which will include pedestrian, bicycle, and transit, through measures which will include the mix and intensity of uses, building placement, utilization of green practices, transit amenities, inclusion of bus bays or transit hub, bike lanes and posting of transit route information. (Q) Common areas. The PMUD shall provide open space areas, such as public plazas, passive pocket parks, public art or recreational amenities that are appropriate for the proposed uses and are accessible to residents, tenants and patrons of the PMUD and the general public. 8 ORDINANCE#2015-022 (R) Stormwater management. Internal stormwater facilities, as defined within the Design Development Guidelines (DDG), shall be designed and integrated as a site or building amenity or accommodated underground. (S) Site plan approval. Unless otherwise provided, site development shall comply with PMUD regulations established pursuant to Article 340 of this chapter and in accordance with the approved Development Design Guidelines (DDG). Where this Article 340 and an approved PMUD DDG fail to address any matter regulated by this chapter, a site plan within a PMUD shall be governed by those regulations of this chapter. Sec.340-40.—Development Design Guidelines (DDG). (A) Development Design Guidelines (DDG) required for Planned Mixed-Use Development District (PMUD) zoning. No building_permit for a structure or building may be issued pursuant to PMUD zoning except in conformance with City Commission approval of Development Design Guidelines (DDG)including a Master Development Plan(MDP). (B) Required information. Any proposed DDG shall include the following: (1) Master Development Plan (MDP) graphically depicting, at a minimum, the general location of density/intensity of land uses in building areas, building types, landscaped areas, vehicular use areas and access, street network and street types, and pedestrian and multimodal systems; (2) Permitted uses, which may include accessory uses, prohibited uses, use restrictions, conditional uses, special exception uses, and a permitted use trade-off matrix; (3) Maximum (and minimum, if any) nonresidential square footage permitted, by Dania Beach Regional Activity Center(RAC) Future Land Use category; (4) Maximum (and minimum, if any) number of dwelling units permitted, by Dania Beach Regional Activity Center(RACE Future Land Use category; (5) Illustrative graphics identifying circulation elements, which will include transit, vehicular,pedestrian and bicycle components, as applicable; (6) Maximum height of all proposed structures, (7) References to the specific City Land Development Code (LDC) sections which shall apply without modification; (8) Standards specific to the PMUD which differ from those in the City Land Development Code (LDC), which shall include: 9 ORDINANCE#2015-022 (a) Minimum building setback standards; (b) Building separation requirements; (c) Minimum pervious area for the PMUD; (d) Minimum offstreet parking space ratios by use and provisions for shared or reduced parking; (e) Minimum loading zone standards; (f) Guidelines for all structures which address design elements, architectural styles, acceptable and prohibited materials; (g) Guidelines for residential units, including minimum habitable floor area and building design standards; (h) Guidelines to ensure compatibility between residential and non-residential uses; (i) Landscape standards for perimeter/common landscape areas; (j) Guidelines for common open and public space areas and provisions for public art, as applicable; (k) Signage standards; (1) Outdoor lighting standards; (m)Applicable green design practices; and (n) Other standards, guidelines or criteria applying to the PMUD. (9) Utility provider and conceptual discussion of utilily service, (10) Supplemental application and data requirements for site plans (11) Additional relevant information as reasonably requested by the Director of Community Development. (C) Conformance with Development Design Guidelines (DDG). After rezoning to the Planned Mixed Use Development District (PMUD), no building permit for a structure or building shall be issued by the City and no development shall commence unless in conformity with the approved Development Design Guidelines (DDG), unless a change or deviation is approved by the City of Dania Beach as provided in Section 340-40(D). (1) No building_permit for a building or structure shall be issued for any portion of a PMUD until a final site plan for that portion of the PMUD has been approved. Subsequent to the Lapproval of the DDG and any subsequent final site plan, all development within a PMUD shall be controlled by the applicable final approved site plan. 10 ORDINANCE#2015-022 LD) Major and Minor Deviations. Any proposed change, modification or amendment to the approved DDG, including the Master Development Plan (MDP), or site plan shall be reviewed pursuant to the criteria and standards established within this section for determining whether a proposed change, modification or amendment is deemed to be a major or minor deviation. (1) PMUD Boundary Changes. Any proposed amendment of the approved PMUD which constitutes a change in the boundaa of the approved PMUD shall be reviewed utilizing the same procedures and approved in the same manner as the approved PMUD. (2)Major Deviations. Any proposed change, modification or amendment shall be considered a major deviation if it includes any of the following_ (a) A change to the maximum non-residential square footage established in the DDG; (b) A change to the maximum number of dwelling units established in the DDG; (c) A change to the permitted uses, which includes accessory uses, prohibited uses, use restrictions, conditional uses, special exception uses, and permitted use trade-offs established in the DDG; (d) A change to the maximum height limitations for a building or structure established in the DDG; (e) A change to the minimum setback requirements established in the DDG; (f) A change to the off-street parking requirements, which includes minimum off-street parking space ratios by use and provisions for shared or reduced parking established in the DDG; (g) A change to the off-street loading requirements established in the DDG; (h) A change to the location of land uses inconsistent with the MDP; a change to building areas, building types, common and landscaped areas, vehicular use areas and access shown on the MDP, to street network and street types, including major internal roadways and connections and ingress/egress to or from public roadways, as well as pedestrian and multimodal systems shown on the MDP, all as established in the DDG; (i) A change requiring an amendment to the recorded plat. (3) Minor Deviations. AU Proposed change, modification or amendment not meeting the criteria for a major deviation shall be deemed a minor deviation, including, but not limited to the following: 11 ORDINANCE#2015-022 (a) Revisions to landscape plans which reduce the amount of provided landscape area by less than fifteen (15) percent. This provision does not apply to landscaping for buffers and plazas; and (b) Increase of permitted signage area by less than ten(10)percent; (c) Relocation, placement or replacement of a permitted sign with another permitted sign providing the sign meets other applicable standards; (d) Increase in size/area of public spaces and public use areas including their location; (e)Relocation, redesign or both, of utilities subject to applicable permitting; (f) Revisions to building elevations and materials meeting the design intent of the DDG, or site plan, or both as applicable. (4) Determination of Major and Minor Deviations. The Community Development Director (Director) shall consider whether a proposed change, modification or amendment satisfies the criteria established above and is a minor or major deviation to the DDG or a site plan. The Director shall have the discretionary authority to require the review and approval of the City Commission, as to whether any such proposed change, modification or amendment is deemed to be a minor or major deviation. (5) Review of M or Deviations. Any proposed change, modification or amendment to all or a portion of the approved PMUD or DDG or revisions to site plans within a PMUD which meet the criteria of this section for major deviations (criteria 340-40 D(2)a through i) shall be reviewed by staff and approved by the City Commission by resolution. (6) Review of Minor Deviations. Any proposed change, modification or amendment to all or a portion of the approved PMUD or DDG or revisions to site plans within a PMUD which meet the criteria of this section for minor deviations (criteria 340-40D(3) a through_f) may be approved administratively by the Community Development Director and may become effective upon filing an addendum to the approved DDG. The Director's determination concerning approval or denial of a minor deviation may be appealed to the City Commission in accordance with Article 615, "Appeal of Administrative Decisions" of this chapter. (E) Vesting of RAC Land Use Allocations. The DDG will determine the quantity and timing of RAC land use allocations. The DDG shall also establish a date after which unused square footage or residential units allocated from the RAC shall become unless said unused allocations have already been voluntarily returned to the City by virtue of affidavit from the officially designated 12 ORDINANCE#2015-022 agent for the PMUD, or a deadline extension is granted by amendment to the PMUD by the City Commission. Section 6. That Part 3 "Special Zoning Districts," Subpart 1 "Community Redevelopment Area (CRA) Formed-Based Zoning Districts" of the City of Dania Beach Land Development Code is amended to read as follows: SUBPART 1. - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS ARTICLE 300. -HOW TO USE Sec. 300-10. - The CRA includes is-divided-ate-six form-based districts. The Community Redevelopment Area (CRA) is divided into several zoning districts. Six (6) of those districts are form-based districts that are unique to the CRA. Article 300 shall not apply to the planned mixed-use development district(PMUD) established pursuant to Article 340, subpart 5 of part 3 of this chapter. Each form-based zoning district has a set of regulations that apply to it, called "district development standards" in article 303. The district standards include: Section 7 That Part 4 "Subdivisions and Off-Site Regulations" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 400. - STREET DEDICATIONS AND DESIGN STANDARDS Sec. 400-30. - Geometric street design standards. Streets and sidewalks shall be designed in compliance with the standards of A Policy on Geometric Design of Highways and Streets, most recent edition, by the American Association of State Highway and Transportation Officials, unless otherwise specified in the approved planned mixed-use development district(PMUD)Development Design Guidelines (DDG). Sec. 400-50. -Access standards for development. 13 ORDINANCE#2015-022 Driveway spacing, width, number, and geometric standards shall be designed and constructed in compliance with the standards of A Policy on Geometric Design of Highways and Streets, most recent edition, by the American Association of State Highway and Transportation Officials unless otherwise specified in the approved planned mixed-use development district (PMUD) Development Design Guidelines (DDG). Sec. 400-60. - Street drainage. Drainage facilities shall be designed and constructed in compliance with the standards of A Policy on Geometric Design of Highways and Streets, most recent edition, by the American Association of State Highway and Transportation Officials, unless otherwise specified in the approved planned mixed-use development district (PMUD) Development Design Guidelines (DDG). ARTICLE 405. -UTILITIES IN NEW SUBDIVISIONS Sec. 405-10. -Water and sewer infrastructure. (B) Easements shall be provided for the installation of underground utilities or relocating existing facilities in conformance with such size and location of easements as may be determined by the director of public services to be compatible with the requirements of all utility companies involved with respect to a particular utility service, unless otherwise specified in the approved planned mixed-use development district(PMUD)Development Design Guidelines (DDG). ARTICLE 410. - DRAINAGE FACILITIES (B) All subdivisions and development of land shall provide on-site and street drainage facilities constructed to comply with public services department standards, unless otherwise specified in the approved planned mixed-use development district(PMUD) Development Design Guidelines (DDG). 14 ORDINANCE#2015-022 ARTICLE 420. - APPROVAL, GUARANTEE AND CONSTRUCTION OF OFF-SITE IMPROVEMENTS Sec. 420-20. - Construction drawings. (A) Profiles to be submitted. Every person proposing to subdivide property shall furnish, along with each subdivision plat, a plan showing profiles of all streets and grade line of paving to be constructed,together with all culverts or other existing or proposed drainage structures, unless an alternative timeframe for submittal is approved as part of the planned mixed-use development district(PMUD) Development Design Guidelines (DDG). All elevations shown must be referred to United States Coast and Geodetic Survey mean sea level. (B) Paved streets. Every person proposing to subdivide property shall pave all streets contained in the subdivision or shown on the subdivision plat and all such paving shall strictly conform to the specifications of the city, unless otherwise specified in the approved PWD Development Design Guidelines (DDG). Due notice of intention to begin construction shall be filed with the public services director in order that arrangements for inspections may be made. The public services director shall furnish paving specifications upon request. Section 8. That Part 5 "Signage And Design Regulations" of the City of Dania Beach Land Development Code is amended to read as follows: PART 5 SIGNAGE AND DESIGN REGULATIONS ARTICLE 500.—General Provisions; How To Use Sec. 500-20. -Applicability. (A) The signage regulations of article 505 apply city-wide, except that signage within the Port Everglades Development District (PEDD) is regulated within article 320. Signage for PEDD is 15 ORDINANCE#2015-022 regulated separately from other areas of the city because the PEDD is the subject of an interlocal agreement between Hollywood, Dania Beach and Broward County that contains special signage provisions. AU alternative signage regulations established in the approved Development Design Guidelines (DDG) for properties zoned planned mixed-use development district (PMUD) sgpersede the signage regulations in Article 505 of this chapter, Sign Regulations, except that signs prohibited by Article 505 shall remain prohibited. (B) The design standards in part 5 of this chapter apply to different areas and uses within the city, as indicated by the title of each article. All design regulations are found within part 5. AU alternative design standards established in the approved Development Design Guidelines (DDG) for properties zoned PMUD supersede the design standards in part 5 of this chapter, "Signage and Design Regulations". ARTICLE 505.—SIGN REGULATIONS Sec. 505-130. - Special signage regulations for certain locations and uses. (A) Applicability. This section specifies signage regulations by type of use or location and supersedes all conflicting requirements of this article. (H) PMUD. Any specific signage regulations established by the approved Development Design Guidelines (DDG) for properties zoned PMUD supersede all conflicting requirements of Article 505, Sign Regulations, except that signs prohibited by Article 505 shall remain prohibited. ARTICLE 510. -PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS Sec. 510-20. -Applicability. (A) This article shall apply to all commercially zoned properties that have frontage on any of the following roadways within the City of Dania: 16 ORDINANCE#2015-022 (E) Any design standards established pursuant to the approved Development Design Guidelines (DDG) for properties zoned planned mixed-use development district (PMUD) shall supersede the standards of article 510 Principal Arterial Commercial Design Standards. ARTICLE 511. -INDUSTRIAL DESIGN STANDARDS Sec. 511-20. -Applicability. (A) This article shall apply to all new construction on industrially zoned property and new industrial development including any modifications, additions, or renovations to building exteriors fronting on a listed arterial. (E) And design standards for industrial development established pursuant to the approved Development Design Guidelines (DDG) for properties zoned planned mixed-use development district( PMUD) shall supersede the standards of article 511 Industrial Design Standards. ARTICLE 515. - GASOLINE SERVICE STATIONS Sec. 515-20. -Applicability. (A) This article shall apply to all new service stations, and additions or renovations valued in excess of five thousand dollars ($5,000.00) according to the city building permit valuation for any work done on all above ground structures and fixtures as determined by the city. It shall further apply to all work valued in excess of one hundred thousand dollars ($100,000.00) for any work done on below ground equipment and infrastructure. These amounts represent the measured amounts within any twelve-month period. 17 ORDINANCE#2015-022 (B) Modifications from the requirements of this article can be approved by the city commission as a variance pursuant to article 625 or as a component of the approved Development Design Guidelines (DDG) for a PMUD. ARTICLE 520. -LARGE RETAIL ESTABLISHMENT STANDARDS Sec. 520-10. -Applicability. This article applies to the new construction of large retail establishments, as defined in section 725-30, within Dania Beach, which may include both "big box" stores and shopping centers., with the exception of such establishments located on property zoned planned mixed-use development district (PMUD) with approved Development Design Guidelines (DDG) containing alternative standards. These requirements shall be in addition to requirements of articles 510 and 525. ARTICLE 530. - PARKING STRUCTURE DESIGN As referenced in section 500-20 (B), design standards established in the approved Development Design Guidelines (DDG) for properties zoned planned mixed-use development district (PMUD) supersede the design standards of article 530 Parking Structure Design. Section 9. That Part 6 "Development Review Procedures And Requirements" of the City of Dania Beach Land Development Code is amended to read as follows: PART 6 DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS ARTICLE 600. - GENERAL PROVISIONS AND APPLICATION REQUIREMENTS Sec. 600-20. -Applicability. The development review procedures and requirements set forth in this part shall apply to all applications for development orders required or authorized in this code for land within the City of Dania Beach with the exception of those located within an approved planned mixed-use 18 ORDINANCE#2015-022 development district (PMUD) for which any alternative procedures and requirements established in section 340-40 or in the approved Development Design Guidelines (DDG) shall apply. ARTICLE 635.—SITE PLANS Sec. 635-40. - Supplemental application requirements. In addition to the general application requirements, the applicant shall provide the following materials in the quantity specified on the application form with the exception of site plans within an approved planned mixed-use development district (PMUD), for which any alternative requirements established in the approved Development Design Guidelines (DDG) shall og vern: Sec. 635-50. - Site plan data requirements. All site plans shall contain the following and any other information necessary to demonstrate compliance with all requirements of the code. Any alternative requirements established in the approved Development Design Guidelines (DDG) shall apply for site plans within a planned mixed-use development district (PMUD). The community development director may waive particular submittal items upon a determination that such items are not applicable or not essential to a specific project. Sec. 635-70. - Site plan processing. (E) Planned Mixed-Use Development District (PMUD) site plans. Site plans submitted for property zoned PMUD, whether for the entire site, individual portion(s), or in phases shall be reviewed for consistency with the approved Development Design Guidelines (DDG), including the master development plan. 19 ORDINANCE#2015-022 (1-)ffi_fApproval.J The director, planning and zoning board or city commission, as applicable, shall approve, approve with conditions or deny the proposed site plan based upon the standards for review contained in this code, with the exception of site plans within a planned mixed-use development district (PMUD) for which any alternative procedures and standards for review established in section 340-40D or the approved Development Design Guidelines (DDG) shall og vern. All decisions of the planning and zoning board and city commission shall be made following a public hearing that is noticed pursuant to article 610, and after considering public input and the staff findings. (F4(G) fAppeals.J Decisions of the director and planning and zoning board may be appealed to the city commission pursuant to the procedures of article 615. (G)CHI fQuasi judicial hearing procedures.] Site plan applications decided by the planning and zoning board and city commission are matters that are quasi-judicial in nature as defined by section 2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth in the code. The petitioner shall bear the burden of providing competent substantial evidence that the site plan should be granted. Sec. 635-80. - Site plan modifications or deviations. (A) Any changes or deviations of approved site plans must be reviewed and approved under the same procedures that apply to new site plans, except as follows for non-material modifications which meet the criteria of this section and except for properties zoned planned mixed-use development district (PMUD) for which the criteria and procedures established in section 340- 40(D) shall apply. The community development director shall consider whether a modification satisfies the criteria below and is a non-material modification. The director shall have the discretionary authority to require the review and approval of the planning and zoning board (for small-scale site plans) or city commission(for large-scale site plans), as applicable, whether non- material or material. 20 ORDINANCE#2015-022 (D)The criteria and procedures for modifications to any approved site plans for properties zoned planned mixed-use development district (PMUD) established by section 340-40(D s) hall govern over the requirements of this section. Section 10. 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 11. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 12. This Ordinance shall be codified in accordance with the foregoing. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City of Dania Beach Code of Ordinances; and that the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section", "article" or such other appropriate word or phrase in order to accomplish such intentions. Section 13. This Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on September 8, 2015. PASSED AND ADOPTED on second reading on October 13, 2015. ATTEST: 01 LOUISE STILSON, C C G( VINO, SR. f CITY CLERK YOR �Qo�ARD'S FIST APPROVED AS D CORRECTNESS: 4 T N THOMJkS J. A BR ` CITY ATTO EY 21 ORDINANCE#2015-022