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HomeMy WebLinkAboutO-2016-006 Park 'N Go Text Amendment ORDINANCE NO. 2016-006 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE TEXT AMENDMENT (TX-136-15) REQUEST MADE BY MATTHEW SCOTT, TRIPP SCOTT, P.A., REPRESENTING PARK `N GO OF FORT LAUDERDALE, LLC; PROVIDING FOR AN AMENDMENT OF ARTICLE 115, ENTITLED "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES AND CONDITIONS OF USE" OF CHAPTER 28, "LAND DEVELOPMENT CODE" OF THE CTIY CODE OF ORDINANCES; 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, Matthew Scott, Tripp Scott, P.A. representing Park `N Go of Fort Lauderdale, LLC, is requesting to amend Article 115 of the City's Land Development Code in order to create Section 115-50 entitled"Condition of Use"; 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 610-20 of the Land Development Code, and Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a newspaper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and dates of the required public hearings; and WHEREAS, two (2) 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: 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 115, entitled "Industrial Districts: Permitted, Prohibited, Special Exception Uses, and Conditions of Use" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 115. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES,AND CONDITIONS OF USE Sec. 115-40. - Schedule of permitted uses. P r-IPermitted A -Permitted accessory use only _ #� # �_�(Ex: 1, 2) Permitted subject to the conditions of use numbered 1 and 2 found in section 115-50 'SE I-Permitted special exception use only,pursuant to article 630 SE(#, �_J(Ex: 1, 2) Permitted as a special exception only, and subject to conditions of use �#) umbers 1 and 2 found in section 115-50. ! -hot permitted I egend MARINE AND HEAVY INDUSTRIAL USES PEDD Parking for vehicles and equipment 17, 76, 77 17, 74, 76 ;35, 36 Sec. 115-50 Condition of Use Parking Facilities. 81. Notwithstandingthe he requirements of Article 265 and Article 320 to the contrary, a parking facility which stores automobiles for customers, or provides attendants to receive, park, and deliver the automobiles to customers may be permitted subject to the following requirements: A. Parking stacking driveway aisle, drop-off and delivery areas, and stall dimensions shall be shown on the circulation plan for the automobile storage parkin facility. acility. B. Stacking rows for vehicles may be permitted. Stacking rows shall provide a minimum eight and one-half(8 %2) feet in width and a maximum of 140 feet in depth. C. Overnight storage of automobiles may be permitted in the designated automobile storage area. Section 3. 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 2 ORDINANCE#2016-006 affect the validity of the remaining portions of this Ordinance. Section 4. 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 5. That this Ordinance shall be effective immediately upon passage and adoption on second reading. PASSED on first reading on March 8, 2016. PASSED AND ADOPTED on second reading on March 22, 2016. Is ATTEST: -LOUISE STILSON, AlC A. SALVINO, SR. CITY CLERK �� YOR APPROVED AS TO FO AND CORRECTNESS: THOMAS J A SBRO CITY ATTORNEY 3 ORDINANCE#2016-006