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Home My WebLink AboutO-2019-023 Text Amendment (TX-114-19) Liquor, Package Store as Permitted Accessory Use to Retail UseORDINANCE NO.2019-023 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 PART 1 "USE REGULATIONS," ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED -USE DISTRICTS" TO PROVIDE FOR LIQUOR, PACKAGE STORE AS A PERMITTED ACCESSORY USE TO A RETAIL USE; AMENDING PART 3 "SPECIAL ZONING DISTRICTS", SUBPART 1 "COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS" TO PROVIDE FOR LIQUOR, PACKAGE STORE AS A PERMITTED ACCESSORY USE TO A RETAIL USE; 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 Part 1 "Use Regulations," Article 110 "Use Regulations For Commercial And Mixed -Use Districts" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED -USE DISTRICTS See. 110-20. - List of permitted, special exception and prohibited uses. _ _. INDUST RIAL P - Permitted P(#) - Permitted subject to numbered footnote RO (see A - Permitted accessory use only Marine sec SE - Permitted special 110- 180) exception use only - Not permitted COMMERCIAL MIXED -USE DISTRICTS ZONING DISTRICTS CRA FORM -BASED DISTRICTS CC IMILI EDBB MU _ Mu MUD 11 2 I C- I C- 3 4 2 ORDINANCE #2019-023 USES Liquor, package stores accessory to grocery retail use of at least 27,500 square feet [subject to section 110-501 VP See. 110-50. Proximity of alcoholic beverage establishments to other establishments and uses. (A) [Applicability.] The distance separation requirements of this section shall not apply to: (1) The sale of beer or wine or both for consumption off -premises; and (2) Restaurants and cafes (including outdoor or open-air cafes specifically approved by the city commission) serving beer, wine, and liquor, for consumption on the premises only, that are located within the Community Redevelopment Area form -based code districts; and (3) Vendors operating in compliance with Design Development Guidelines (DDG) approved for property zoned Planned Mixed -Use Development District (PMUD). (4) The sale of beer, wine and liquor, for off - premises consum tion only, conducted as an accessoa use to a permitted goceEy retail use of at least 27,500 square feet. Section 3. That Part 3 "Special Zoning Districts," Subpart 1 "Community Redevelopment Area (CRA) Form -Based Zoning Districts" of the City of Dania Beach Land Development Code is amended to read as follows: SUBPART 1. — COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS ARTICLE 302. — DETAILED USE REGULATIONS See. 302-10. — Permitted, special exception and prohibited uses. 3 ORDINANCE #2019-023 Legend: I Districts P = Permitted SE = Special Exception use (#) = Permitted subject to the restriction in section 302-20 EDBB-MU SFED-MU having the same number that is within the parentheses City - —.__-- GTWY- NBHD- NBHD- NP _ Not permitted Center Principal Street Frontage MU MU 1 RES I. . . . . . .... .... . ................. ............. . Abbreviations: . . . . .. ........... i S. Feel. EDBB = East Dania Beach Other Hwy Other ED BB Boulevard streets Sheridan Streets SFED = South Federal Highway St. MIXED -USE COMMERCIAL {uses that are compatible with residential uses Accessory uses P P P P P Large retail establishment P P NP P NP Retail sales (7) (7) (7) (7) (20) RESTRICTED COMMERCIAL Accessory uses P P PP P P . ... . ..... .................. .... .. .... ... .. . .. . . ......... . --- I I Liquor stores, package stores [subject to section P . 110-50] Liquor, package stores accessory to Rrocery retail use of at least 27,500 A A A square feet [subject to section 110-50 olfwauYumill ries} P P P P NP NP (7) (7) NP P I P P A 4 ORDINANCE #2019-023 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 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 7. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on November 12, 2019. PASSED AND ADOPTED on second reading on December 10, 2019. ATTEST: r THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THbMAO CITY AT RNE 5 ORDINANCE #2019-023