HomeMy WebLinkAboutO-2017-011 7-Eleven LDR Amendment ORDINANCE NO. 2017-011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, THE "LAND
DEVELOPMENT CODE," OF THE CITY'S CODE OF ORDINANCES BY
AMENDING ARTICLE 302, "DETAILED USE REGULATIONS," TO REVISE
AND ADD CONDITIONS OF USE FOR CONVENIENCE STORES TO
ALLOW FOR REDEVELOPMENT ON QUALIFYING SITES OF
CONVENIENCE STORES WITH RETAIL MOTOR FUEL PUMPS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR INCLUSION IN THE CODE; AND 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, City staff recommends approval of the proposed changes; 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 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 302 "Detailed Use Regulations" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 302. -DETAILED USE REGULATIONS
Sec. 302-20. - Conditions of use.
(A) The following are the conditions of use that correspond to the numbers in the
schedule of permitted, special exception and prohibited uses contained in sec. 302-
10.
(8) Convenience stores, subject to:
(a) Minimum one thousand (1,000) feet of separation from an existing
convenience store;
(b) Location within a building containing a minimum of three thousand five
hundred (3,500)square feet with at least one theusaffd-ivy
(1,500) other tenant with at least one thousand (1,000) square feet of
other commercial, retail, or office uses;
(c) Location within a freestanding building or on a shopping center out-
parcel is prohibited_-
(d) Redevelopment of an existing retail fuel station that will include a
convenience store shall be restricted to locations that comprise no more
than one (1) acre of land that complies with sec. 302-20 (A)(13);
(e) Redevelopment of an existing retail fuel station that will include a
convenience store must be located at an intersection with annual average
daily traffic (AADT) counts that exceed 50,000 trips confirmed by
licensed traffic engineer and shall have no more than six (6) fuel pumps
(12 fueling positions).
1 Additions to the text are shown in underline. Deletions to the text are shown in StFokethFeugh.
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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
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 5. That 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 Code; 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 6. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on March 28, 2017.
PASSED AND ADOPTED on second reading on April 25, 2017.
ATTEST:
I , •1'
. � LOUISE STILSON, CM � -� AMARA JAMI�)
CITY CLERK MAYOR
' ATEV 19"
APPROVED TO FO AND CORREC SS:
THOMA J. AN B O
CITY ATTORN Y
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