HomeMy WebLinkAboutO-2020-007 Griffin Living Text Amendment (TX-002-20) Amending Sec. 105-20, Sec. 105-220, Sec. 205-10(B) SECOND READINGORDINANCE NO.2020-007
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ROD A. FEINER,
ESQ., ON BEHALF OF 2750 GRIFFIN HOLDINGS, LLC, TO AMEND
CHAPTER 28, "LAND DEVELOPMENT CODE," OF THE CITY CODE OF
ORDINANCES BY AMENDING PART 1 "USE REGULATIONS," ARTICLE
105, "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING
DISTRICTS," SECTION 105-20 "LIST OF RESIDENTIAL AND OPEN SPACE
DISTRICTS PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES"
AND SECTION 105-220, "PRD-1 DISTRICT SUPPLEMENTAL
REGULATIONS;" AMENDING PART 2, "SITE DEVELOPMENT
REGULATIONS," ARTICLE 205, "TABULAR SUMMARY OF SITE
DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS," SECTION
205-10(B) "PRD-1 AND MULTIPLE -FAMILY DISTRICTS;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; 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
(the "City") Comprehensive Plan provides that the City will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the 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 a proposed change to the Code as shown
below; 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 newspaper 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 Part 1, "Use Regulations," Article 105, "Use Regulations for
Residential and Open Space Zoning Districts," Section 105-220 "PRD-1 District Supplemental
Regulations" of the City of Dania Beach Land Development Code is amended to read as follows:
PART 1. - USE REGULATIONS
ARTICLE 105. - USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING
DISTRICTS
Sec. 105-20. - List of residential and open space districts permitted, special exception and
prohibited uses.
Legend
P - Permitted
PR
P(#) - Permitted subject to numbered footnote
D-1
A - Permitted accessory use only
RS
(se
SE - Permitted special exception use only
RS-
-
NB
e
1800
800
sec
Esta
0,
0,
RD-
_
R
RM
RM
RM
OS
to
RS-
RS
8000
RE
M
-1
-2
nio
H
1200
-
S
0
600
105
0
-
- Not
NP' permitt
220
)
ed
USES
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Multifamily and Mixed -use _ NP NP NP , NP NP NP NP NP P ... NP
Sec. 105-220. - PRD-1 District supplemental regulations.
(C) Density. Density shall be determined by the city commission in accordance with the
provisions of the comprehensive plan (including allocation of flex and reserve units if
applicable). Residential density shall not exceed five (5) units per gross acre for single-family
cluster developments; eight (8) units per gross acre for other single-family and two-family
development; and sixteen (16) units per gross acre for townhouse development; and thirty-five
(35) units per acre for multi -family. See section 205-10 (Schedule of lot, yard and bulk
regulations).
(J Multi amily/Mixed Use Option. A multifamily use is permitted subject to the development
standards of Section 205-10 (schedule of lot, yard, and bulk regulations) and the following
additional requirements for mixed -use developments:
(1) The development may include commercial uses on the ground floor of the development
such that the development is a mixed -use development as provided by the City of Dania
Beach Comprehensive Plan.
The following commercial uses shall be permitted:
i. Athletic clubs/studios;
ii. banks and financial institutions with no drive-thrus;
iii. bakeries;
iv. delicatessens;
V. copy shop;
vi. day care centers;
vii. dry-cleaning establishments (no cleaning on premises),
viii. fast food restaurant with no drive-thrus; and
ix. retail establishments,
X. office (business, professional and medical),
Xi. personal service establishments,
xii. restaurants,
xiii. retail pharmacy, and
xiv. retail stores and those uses which are customarily accessory and clearly incidental
to the principal permitted use, excluding smoke shops, cannabidiol (CDB) sales,
and discount retail.
(2) The mixed use development shall be located abutting an arterial roadway and shall occupy
the majority of the ground floor buildingarea rea (excluding parking_ garages).
ORDINANCE #2020-007
SECOND READING
***
Section 3. That Part 2, "Site Development Regulations," Article 205, "Tabular
Summary of Site Development Standards for All Zoning Districts," Section 205-10(b) "PRD-1 and
Multiple -Family Districts" of the City of Dania Beach Land Development Code is amended to
read as follows:
ARTICLE 205. - TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS
FOR ALL ZONING DISTRICTS. x
***
Sec. 205-10. - Schedule of lot, yard and bulk regulations.
(B) PRD-L
AND
MULTIPLE -
FAMILY
DISTRICTS
PRD-1
DISTRCT
***
LOT
DENSITY
BULK
YARDS
NIINIMUM
MAMIMI7
MAXR"
MINIMUM
Area
Width
Dep
th
Density
Height
(Stories
Cove
rage
Front
Interior
Side
Rear
Corner
side
Interior
between
buildings
(acre)
(Ft)
(Ft)
(DU/AC)
or Ft)
(%)
(Ft)
(Ft)
(Ft)
. (Ft)
(Ft)
1 ac.
Multifamily/ 1 ac. 1 150 1 N/A 35
.,!J TT__
***
***
85%
10
MF:62
MU:70
10
or
�0
abutting
15*
or
TBD
with
resident
site
plan
ial
Additional
Regulation
Section
105-220.
Pervious
area for
5 TBD with MU: 10%.
site plan Perimeter
landscape
buffers
TBD with
site plan.
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*Rear Yard Abutting Residential Properties: A rear yard setback of 15'is required for
buildings that are less than 26' in height and are within 50'from the rear property line abutting
residential properties. A rear yard setback equal to the 75% of the height of the buildingis
required for buildings that are greater than 26' in height and not within 50' of the rear
property line abutting residential properties.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 6. That this Ordinance shall take fall effect immediately upon its passage and
adoption.
PASSED on first reading on March 10, 2020.
PASSED AND ADOPTED on second reading on April 28, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. A BRO
CITY ATTORNEY
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