HomeMy WebLinkAboutO-2016-021 20th & 21st Text Amendments Consolidated ORDINANCE NO. 2016-021
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE "LAND
DEVELOPMENT CODE", OF THE CITY'S CODE OF ORDINANCES BY
AMENDING ARTICLE 100 "GENERAL USE REGULATIONS APPLYING
TO ALL ZONING DISTRICTS," CONCERNING MIXED-USE ZONING
DISTRICTS; AMENDING ARTICLE 285, "EMERGENCY GENERATORS,"
TO FIX A TYPOGRAPHICAL ERROR; AMENDING ARTICLE 305
"INCENTIVES" CONCERNING VOLUNTARY SUSTAINABLE BUILDING
PRACTICES; AMENDING ARTICLE 306, "PARKING AND LOADING
REGULATIONS" TO ADD ACCESS HIERARCHY CRITERIA FOR THE
CRA FORM-BASED DISTRICTS; AMENDING ARTICLE 330
"COMMUNITY FACILITIES DISTRICT (CF)" CONCERNING SPECIAL
EXCEPTION USES; AMENDING ARTICLE 510 "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS" CONCERNING APPEARANCE
STANDARDS FOR CANOPIES; AMENDING ARTICLE 610 "PUBLIC
HEARING NOTICES" CONCERNING PUBLIC NOTICE REQUIREMENTS
AND STANDARDS; AMENDING ARTICLE 635, "SITE PLANS" TO
ADDRESS SITE PLAN PROCESSING; AMENDING ARTICLE 640, "PLATS"
TO ADDRESS PLAT PROCESSING; AMENDING ARTICLE 715,
"DEPARTMENT OF COMMUNITY DEVELOPMENT", TO PROVIDE
DEVELOPMENT REVIEW COMMITTEE REVIEW; AMENDING ARTICLE
825, "TREE PRESERVATION" REGARDING GENERAL LICENSES AND
TREE REPLACEMENT; 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 sucl�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 100 "General Use Regulations Applying To All Zoning
Districts" of the City of Dania Beach Land Development Code is amended to read as follows:
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 title Intent and purpose of district
designation
(B) Mixed-use zoning districts
Provides for small-scale professional offices on lots fronting major arterial
Residential roadways while still permitting a principal dwelling unit in the same building, an
RO Office District maintaining the residential character of the adjacent neighborhood. These are often
single-family homes that are no longer viable due to road widenings and relate
noise. Implements the Commercial and Residential categories of th
1 Additions to the text are shown in underline. Deletions to the text are shown in stfikethfougk.
2 ORDINANCE#2016-021
District
map Full district title Intent and purpose of district
designation
comprehensive plan. Use of the commercial or residential flexibility rules of the
Broward County Land Use Plan Administrative Rules Document may be required.
Provides for neighborhood-serving commercial uses, townhouses, apartments an
limited assembly, repair and fabrication that are compatible with residential an
Neighborhood commercial uses. The district is applied in a linear fashion, typically to frontage
BHD-MU Mixed-Use properties along certain collector streets that border or traverse neighborhoods.
District Front yards are minimized, with buildings close to the street, and rear yard and on
street parking facilities. Implements the Regional Activity Center category of the
comprehensive plan.
Encourages medium-intensity redevelopment of the corridor with a mix of retail,
South Federal office, residential, and lodging uses with a design emphasis on pedestrian street
SF-14 MU Highway life in a manner that supports public transit, while creating interest and fostering
SFED-MU Corridor investment in the immediate neighborhood. This will be accomplished through
Mixed-Use mix of residential and commercial uses along the corridor, built close to the street,
District with parking facilities behind buildings. Implements the Regional Activity Centel
category of the comprehensive plan.
Capitalizes on the proximity of conservation areas, waterways and the beach b
Beach
preserving additional land, thus enhancing the area's assets. This will b
Gateway
accomplished by allowing relatively tall buildings built near the street, in order t
GTWY-M Mixed-Use allow for a reduction in building footprint and consolidation of the developed area,District while providing a landscaped yard between the building and street to differentiate
his zone from the more urban EDBB-MU zone. Implements the Regional Activity
Center category of the comprehensive plan.
Section 3. That Article 285 "Emergency Generators" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 285. -EMERGENCY GENERATORS.
Sec. 285-20. Emergency generators in nonresidential districts.
(D) Generators and above-ground fuel tanks must be screened from view from all streets and
residentially zoned lots using landscaping, fencing of or masonry walls, to a height of at
least six (6) inches higher than the top of any portion of the generator and tank.
3 ORDINANCE#2016-021
Section 4. That Article 305 "Incentives" of the City of Dania Beach Land
Development Code is amended to read as follows:
Sec. 305-50. - Sustainable building practices; voluntary green building/development
program.
(H) Performance bond. Participants in the voluntary green building program, at the time of
building po,mit appliea4ion prior to issuance of a Certificate of Occupancy, shall post a
performance bond, letter of credit or other form of surety approved by the city attorney.
(1) The amount of the required performance bond, letter of credit or other approved
form of surety shall be calculated as follows for projects seeking the incentive bonus
for meeting third-party certification requirements:
(a) Two (2) Four 4 percent of the total cost of construction for a development of
less than one hundred thousand (100,000) square feet of building area.
(b) Three (3) percent of the total cost of construction for a development of up to
two hundred thousand (200,000) square feet of building.
(c) Four- (4) Two 2 percent of the total cost of construction for any building
greater than two hundred thousand (200,000) square feet.
Section 5. That Article 306 "Parking and Loading Regulations" of the City of Dania
Beach Land Development Code is amended to read as follows:
ARTICLE 306. - PARKING AND LOADING REGULATIONS.
Sec. 306-10. - Off-street parking requirements.
Article 265, "Off-Street Parking Regulations" establishes the off-street parking and
loading requirements for the CRA form-based districts. This article supplements article 265
and shall prevail in case of conflict.
(A) Access hierarchy for the CPA form-based districts for rear yard parking.
)C X
(5) For properties with more than 400 linear feet of street frontage, access may
provided from the street front of the property.
4 ORDINANCE#2016-021
Section 6. That Article 330 "Community Facilities District (CF)" of the City of
Dania Beach Land Development Code is amended to read as follows:
Sec. 330-30. - Special exception uses.
(e) Residential care facilities and adult residential care facilities (pursuant to special
residential facilities provisions of the Broward County Land Use Plan and City of Dania
Beach) [see subsection 330-40(c)].
Section 7. That Article 510 "Principal Arterial Commercial Design Standards" of
the City of Dania Beach Land Development Code is amended to read as follows:
(J) Canopies, if utilized, shall be r-estr-ieted to provide a minimum clearance of fourteen
(14) feet in height for areas accommodating vehicles and a maximum minimum clearance of
ten (10) feet in height for non-vehicular areas, and shall be consistent with the main building
design. The canopy columns shall be architecturally finished to match the building.
Section S. That Article 610 "Public Hearing Notices" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 610. - PUBLIC HEARING NOTICES
Sec. 610-20. - Table of public notice requirements.
TIMING OF
NOTICE NEWSPAPER
REQUIRED (minimum NOTICE SIGN
APPLICATION number FORMAT(see MAIL NOTICE OTHER
PUBLIC POSTING
TYPE HEARINGS REQUIRED?of days prior section 610-30 RADIUS NOTICE
I to public hearing for
that notice requirements)
must be given)
i I
5 ORDINANCE 42016-021
Planningoc at�H
Zoning 0 days :f� �Not u -NO ° -Ci
..J
Plat
City Posting
10 days Standard Ad Within 300 feet No at City
Commission
E I Hall
j Properties
Planning and fronting the Posting
i 10 days Standard Ad street segment Yes at Ci
Zoning Board
Vacation of proposed for Hall
right-of-way vacation
Properties
fronting the Posting
City 10 days Standard Ad street segment Yes at City
Commission
proposed for � Hall
i
vacation
I
Section 9. That Article 635 "Site Plans" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 635. - SITE PLANS
Sec. 635-70. - Site plan processing.
(A) [Review for completeness.] The community development department shall review the
site plan application and all support documents for completeness. The department shall
notify the applicant of any deficiencies in the application or support documents and
specify what additional requirements are to be met. Once the department has
determined that the application and support documents are complete, the application
and support documents shall be distributed for- staff ,.o.,;o.,, pursuant to the DRC
procedures identified in Section 715-60.
6 ORDINANCE#2016-021
Section 10. That Article 640 "Plats" of the City of Dania Beach Land Development
Code is amended to read as follows:
ARTICLE 640-40.—PLAT PROCESSING.
(A) Any person seeking plat approval must submit the appropriate application, copies, and
fee to the community development department.
(B) The community development director shall coordinate staff review of the plat, pursuant
to the DRC procedures identified in Section 715-60, and issuance of review findings to
the applicant. When the community development director determines that the plat
application satisfies all requirements of this article, the director shall schedule the plat for
the next available city commission meeting.
Section 11. That Article 715 "Department of Community Development" of the City of
Dania Beach Land Development Code is amended to read as follows:
ARTICLE 715. - DEPARTMENT OF COMMUNITY DEVELOPMENT
Sec. 715-60. —Development Review Committee.
The Community Development Department is hereby assigned the responsibilit�to
coordinate the duties of the Development Review Committee (DRC). The membership of the
DRC shall include representatives from the fire-rescue, Community Development, and public
services departments. When the circumstances of a proposed development necessitates review by
additional city staff members or city consultants, the Community Development Director or
his/her designee, may add such members to the committee as deemed necessary for the
implementation of this section, in accordance with their respective areas of concern and
expertise. In addition, if the proposed development is located within the CRA area,the Executive
Director of the CRA or designee shall also participate in the review process. The Planning and
Zoning Manager or designee shall chair, coordinate and administer the DRC. The duties of the
DRC are to review small scale and large scale site plans, site plan modifications, plats and plat
amendments, except for plat note amendments, for technical compliance and conformance with
all applicable regulations, as it relates to each discipline and any other related issues as maybe
7 ORDINANCE#2016-021
assigned by the Community Development Director. All meetings of the DRC shall be open to
the public at all times and noticed in accordance with state law.
Section 12. That Article 825 "Tree Preservation" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 825.—TREE PRESERVATION.
Sec. 825-60. —General Licenses.
(F) Removal of any tree in owner-occupied residential properties of one (1) acre or less
developed for detached single-family and duplex usage. A general license use notice is
required to be submitted to the community development department fifteen (15) days prior
to proposed tree removal activities. The issuance of a general license can allow the removal
of a tree in excess of current code requirements at no cost, provided the trees is not a
historic, specimen or protected. The following activities are not authorized by this general
license:
Sec. 825-100.— General Licenses.
(A) Replacement criteria. Trees that are removed and not relocated shall be replaced so
that there is, at a minimum, no loss of tree canopy coverage upon maturity of the
replacement trees. For owner-occupied single-family and duplex use the current code
requirements must be maintained. If, after removal, the existing tree count meets the
current code requirements of Section 275-160, then no additional tree replacement is
required.
Performance bonds may be required to be posted. The following procedures shall be used
to determine the tree replacement requirements:
Section 13. 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.
8 ORDINANCE#2016-021
Section 14. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 15. 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 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 16. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on September 27, 2016.
PASSED AND ADOPTED on second reading on October 10, 2016.
ATTEST: ri�T
U �J
LOUISE STILSON, CMC A. SALVINO, SR.
CITY CLERK AYOR
��2AT�o 1
APPROVED AS D CORRECTNESS:
THOMAS J. SBRO
CITY ATTORNEY
9 ORDINANCE#2016-021