HomeMy WebLinkAboutO-2023-016 Amending Sec. 635-30 Excluding Duplex Construction from DRC RequirementORDINANCE NO. 2023- 0 ' ''
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 ENTITLED "LAND
DEVELOPMENT CODE", PART 6, "DEVELOPMENT REVIEW
PROCEDURES AND REQUIREMENTS", ARTICLE 635 "SITE PLANS", AT
SECTION 635-30 "EXCLUSIONS", TO EXCLUDE DUPLEX
CONSTRUCTION FROM THE DEVELOPMENT REVIEW COMMITTEE
REQUIREMENT; PROVIDING FOR CODIFICATION, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, currently the City's Land Development Code, at Part 6, entitled
"Development Review Procedures and Requirements", Article 635 entitled "Site Plans" at Section
635-30 entitled "Exclusions" does not exclude duplexes from the Development Review Committee
(DRC) process; and
WHEREAS, the intention of this code amendment is to include duplex development in the
exemptions, that way, when units are available within the RAC, it expedites the review process,
instead of making them go thru DRC for such a small construction (similar to single family); and
WHEREAS, the amendment is consistent with the RAC Land Use Plan Amendment
(LUPA) for residential unit replenishment, the Broward County Planning Council (BCPC)
requested that the City to consider Single Family Residential units and duplexed be considered for
the same pool of units; and
WHEREAS, this change would expedite the review process; and
WHEREAS, the Community Development Department recommends that the City's Code
be amended to make the modification to exempt duplexes from DRC review.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled "Land Development Code", at Part 6, entitled
"Development Review Procedures and Requirements", Article 635 entitled "Site Plans" at Section
635-30 entitled "Exclusions" is amended as follows:
1 ORDINANCE #2023-
CHAPTER 28
LAND DEVELOPMENT CODE
PART 6 - DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS
ARTICLE 635 - SITE PLANS
Sec. 635-30. Exclusions.
The following construction shall be exempt from site plan review:
(A) Construction of, and additions to, one (1) single-family dwelling or duplex dwelling on
a lot fronting an existing, paved street.
(B) Nonresidential additions that do not exceed one thousand (1,000) square feet in area or
two and a half (2.5) percent of the total cumulative new property square footage,
whichever is greater, and that do not require the addition of parking or loading spaces
on site in order to satisfy the requirements for same in article 265 [Off -Street Parking
and Loading].
Section 3. 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 part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 5. That this ordinance be codified in Municode.
Section 6. That this Resolution shall become effective 10 days after its passage.
PASSED on first reading on August 22, 2023.
PASSED AND ADOPTED on second reading on September 13, 2023.
First Reading:
Motion by: ��( n "'} JCS g e f
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Second by: 6yy,0:� :. ��i 6V �16
Second Reading:
Motion by: *�' i�°°� (up --=ctd el uul
Second by: k iY its i c ed% (
ORDINANCE #2023- U f (" +'
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
Commissioner Tamara James
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Commissioner Marco Salvino
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Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV`,
ATTEST:
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CITY CLERK cto4
APPROVED AS TO FORM AND CORRECTNESS:
E A. BO IS
CITY ATTORNEY
IVIA, I UK
ORDINANCE #2023- 01