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Home My WebLink AboutO-2022-001 Text Amendment (TX-082-21) to Address RAC Dwelling Units SECOND READINGORDINANCE NO. 2022-001 SECOND READING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES WHICH CHAPTER IS ENTITLED "LAND DEVELOPMENT CODE," SUBPART 1, ENTITLED "COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS", ARTICLE 300, ENTITLED "HOW TO USE," AT SECTION 300-10, ENTITLED "THE CRA INCLUDES SIX FORM -BASED DISTRICTS"; AMENDING SECTION 300-30, ENTITLED "HOW TO DETERMINE THE BUILDABLE AREA OF A LOT, ALLOWABLE DENSITY AND BUILDING HEIGHT;" AMENDING ARTICLE 301, ENTITLED "LEGAL AND ADMINISTRATIVE PROVISIONS," AT SECTION 301-20, ENTITLED "APPLICABILITY" TO FURTHER ADDRESS REGIONAL ACTIVITY CENTER (RAC) FUTURE LAND USE DESIGNATIONS AS IDENTIFIED IN THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach seeks to amend Chapter 28 of the City Code of Ordinances which Chapter is entitled "Land Development Code," Subpart 1, entitled "Community Redevelopment Area (CRA) Form -Based Zoning Districts"; Article 300, entitled "How To Use," at Section 3 00-10, entitled "The CRA Includes Six Form -Based Districts"; amending Section 300- 30, entitled "How To Determine The Buildable Area Of A Lot, Allowable Density And Building Height;" amending Article 301, entitled "Legal And Administrative Provisions," at Section 301- 20, entitled "Applicability;" and WHEREAS, the City is seeking to revise the regulations relating to available Regional Activity Center (RAC) dwelling units; and WHEREAS, the City desires to provide a process for authorizing RAC units when the number of available dwelling units assigned to the RAC land use designation falls below fifteen percent (15%) of the total number of approved units; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the City Code of ordinances is amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE SUBPART 1. COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS ARTICLE 300. HOW TO USE Sec. 300-10. The CRA includes six (6) 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. Except for Section 301-20(B), which is gpplicable to all properties located within the Regional Activily Center (RAC) Future Land Use designation as identified in the Cily's Comprehensive Plan, 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 or the Planned Small Lot Mixed -Use Development District (PMUD-SL) established pursuant to article 350, subpart 6 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: (A) A generalized list of permitted uses. The detailed list of permitted, special exception and prohibited uses is in article 302, discussed further in section 300-20, below. (B) Building placement and height standards, discussed further in section 300-30, below. (C) The types of buildings that can be constructed. There are eight (8) "types" of buildings based upon the building's function and character, discussed further in section 300-40, below. (D) The types of ground story configurations that are allowed along street frontages, called "frontage types", which are discussed further in section 300-50, below. Sec. 300-30. How to determine the buildable area of a lot, allowable density and building height. (A) The district standards in article 303 for each district include a map showing maximum allowable height within the district. Permitted height varies within some districts based upon location. Axticle 304 has the rules for interpreting the maps. (B) Permitted height and density is identified as "by right" and "with incentives." This means that in order to exceed the height, density or both permitted "by right", the developer must earn incentives sufficient to achieve the maximum height, density or both permitted on the lot. Incentives are detailed in article 305. See additional regulations found in Section 301-20(B) for maximum intensily/densily. limits permitted within the CRA and CoMprehensive Plan. 2 ORDINANCE #2022-001 SECOND READING (C) The district standards in article 303 for each district specify build -to -lines, setbacks, minimum open space, and where parking facilities can be sited. Mandatory build -to -lines in lieu of minimum setbacks are one of the aspects that make these regulations form -based. A R TICLE 3 0 1. LEGA L AND A DMINISTRA TIVE PR 0 VISIONS Sec. 301-20. Applicability. (A) The CRA form -based district regulations shall specifically prevail over all other regulations of this code in the case of conflict. (B) All development is subject to the maximum intensity limits permitted within the CRA form - based districts by the Cc-omprehensive !!plan. Therefore, the Regional Activity Center (RAQ allowable land use and density identified in the Geomprehensive Pplan, Future Land Use Element, should be consulted to ensure the consistency of any development proposal with the land use plan (acreage, dwelling units, etc.). When the number of available dwelling units assigned to the RAC land use designation falls below fifteen percent (15%) of the total number of qpproved units, the following additional information must be provided: ?AMOMAMILLUM W. (2) The qpplicant shall enter into a developer's agreement prior to a public hearing stating the developer will not request utilization of pny of the Governor's Executive Order extensions, thereby returning M unused RAC units Lipon expiration of the term of the developer's agreement, which authorization period shall not exceed 30 months. (3) The gpplicant must provide a project proforma, illustrating project financing exists for development of the proposed project prior to public hearing. (4) The qpplicant must provide a tax benefit/cost analysis of the project illustrating projected propelly tax increase once the project is completed, as well as anticipated municipal expenditures, such as for police, fire, water/sewer services, etc. (5) The qpplicant must identify how the project qpproval and construction will benefit the communily, such as through installation of bicycle rental stations, participation in a free trollgy/shuttle service, etc. (6) AM project in which the Cily has partnered with another person or entity utilizing Florida Housing Finance CoKporation funds shall be exe!npt from subparagrqphs 1 -5 above. ORDINANCE #2022-001 SECOND READING (C) In the event of a conflict between text and any illustration or graphic, the text shall prevail. (D) In the event of a conflict between district boundary maps and the official zoning map, the official zoning map shall prevail. Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on December 14, 202 1. PASSED AND ADOPTED on second reading on February 8, 2022. ATTEST: CC THOMAS SCHNEIDER, CM !LP CITY CLERK ANtif mrs"Ava APPROVED AS TO FORM AND CORRECTNESS: EVE �. 136UTSIS CtTN'ATTORNEY 4 ORDINANCE #2022-001 SECOND READING