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HomeMy WebLinkAboutO-2019-001 29th Text AmendmentORDINANCE NO.2019-001 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 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED -USE DISTRICTS," AMENDING ARTICLE 265 "OFF-STREET PARKING REQUIREMENTS," AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT STANDARDS," AND AMENDING ARTICLE 635 "SITE PLANS;" PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; 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 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 110, entitled "Use Regulations for Commercial and Mixed - use Districts" of Chapter 28, "Land Development Code" of the City Code of Ordinances 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. INDUSTRIAL MIXED -USE DISTRICTS COMMERCIAL ZONING DISTRICTS CRA FORM -BASED DISTRICTS Leigena P - Permitted Pj#y - Permitted subject to RO (see EDBB- SFEQ- GTWY- NBHQ- numbered footnote Marine sec 110- CC C-1 C-2 C-3 C-4 MU MU MU MU A - Permitted 180) accessory use only SE - Permitted special exception use only Retail Pharmacy fsublectto section 110-190(C)l NP NP P P P P P NP P P P ' Additions to the text are shown in underline. Deletions to the text are shown in ^•�iL�„-, . 2 ORDINANCE #2019-401 rMWI Sec. 110-190. - Uses subject to minimum separation distances and locational requirements. (C) The following locational and distancing requirements shall apply to pain management clinics and retail pharmacies, and medical marijuana retail centers, as these uses are defined in section 725-30 of the code. (1) No retail pharmacy or medical marijuana retail center shall be permitted to locate within the same shopping center or within a one -thousand -foot radius of any pain management clinic. (2) No pain management clinic shall be permitted to locate within the same shopping center or within a one -thousand -foot radius of any retail pharmacy or medical marijuana retail center. (3) No retail pharmacy or medical marijuana retail center shall be permitted to locate within a one -thousand -foot radius of another retail pharmacy or medical marijuana retail center. (4) No pain management clinic shall be permitted to locate within a one -thousand -foot radius of another pain management clinic. (5) Retail pharmacies and medical marijuana retail centers shall only be permitted to locate on property with arterial roadway frontage. Pain management clinics, and retail pharmacies, and medical marijuana retail centers existing on the date of adoption of this subsection that do not comply with these distance separation and locational requirements are not deemed to be nonconforming uses. Section 3. That Article 265, entitled "Off-street Parking Requirements" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 265. - OFF-STREET PARKING REQUIREMENTS Sec. 265-50. - Off-street parking required; on -street parking credit. (D) [Abbreviations.] Abbreviations used in the off-street parking requirement table. 3 ORDINANCE #2019-001 CSA = I Pkg = Requ. I Customer service area Parking Requirement, required Inbound Outbound 1 SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS (A) Residential and Lodging 5 Multi -family Dwelling ' I - Efficiency/Studio One (1) per d.u. One (1) per d.u. I One (1) bedroom One and one-half (1.5) per d.u. One and one -quarter (1.25) per d.u. - Two (2) or more One and three-quarters 1.75 One and three-quarters (1.75) bedroom per d.u, per d.u. I Development with more than I Development with more than ten (10) units, then one (1) per ten (10) units, then one (1) per five (5) units (marked guest five (5) units (marked guest parking) parking) 4 ORDTNANCE #2019-001 F j f 4 �r,,,, ea Media .,, ,-ti Ear j One (1)spaee ,. inn sgu� I feet floor- v 4a. I Personal service One 1 three hundred 300 One 1 three hundred 300 �� per �� p per 48 establishments, retail sf sf � dry cleaner 48.5 Retail Pharmacy One (1)space per 100 square I I ! One 1) space per 100 square feet of floor area � feet of floor area I s Section 4. That Article 303, entitled "District Development Standards" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 303. — DISTRICT DEVELOPMENT STANDARDS Sec. 303-70. - GTWY-MU, Beach Gateway Mixed -Use District. ORDINANCE #2019-001 Figure 303-19 GTWY-MU district map. ORDINANCE 42019-001 Figure 303-22 GTWY-MU district height map. .a.. f U- I E DANIA BEACH BLVD. Mee w ..LU Ln 4 CI] r l� w z � n N 0 110 220 440 �!O� Feet Legend © DSTRICT BOUNDARY �MAXe�IMUM HEIGHT, BY MNT+ INCENTIVE 13ONUS (SEE ARTICLE 305 FOR INCENTNES) (�Cd6C A - 2 stories, 24 A 0 -2 stories, 24 St. by rlgh- and an addffi r l 1 story, 11 It. wllh incanuves C - 2 stories. 24 fL by right• and up to an additional 2 stories- 24 R wllh Incamhres _ O - 3 stories- 35 fL by right• and up to an addOwml3 stories, 35 R w11h Woonli es E -7 stories, 80 It. by right- and up to an additional 7 stones. 70 R with incerk, Tr nsbmnal Zone (Sea Trarilioml Height P-1v 3 m) _ F - Ranges from i story adjacent to a district stroot up to 7 stories. 80 ft. by ri&t and 14 stories. 150 Soot wide incerrdwe � 71f 7F 7 ORDINANCE #2019-00I Sec. 303-80. - SFED-MU, South Federal Highway Corridor Mixed -Use District. (Q) Development of property for commercial use must be fronting on Federal Highway or Sheridan Street or must be assembled with properties that are fronting on Federal Highway or Sheridan Street. Section 5. That Article 635, entitled "Site Plans" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 635. - SITE PLANS Sec. 635-100. — Expiration of site plans; procedures for extension. (A) All site plan and site plan modification approvals automatically expire and become null and void unless the applicant filed complete building permit applications with construction drawings for all improvements shown on the site plan within eighteen (18) months from the date of site plan approval, and the permits remain valid until a certificate of occupancy or its equivalent is issued for the improvements. Section 6. 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 7. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 8. 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. 8 ORDINANCE #2019-001 Section 9. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on January 22, 2019. PASSED AND ADOPTED on second reading on February 26, 2019. ATTEST: o THOMAS SCHNEIDER, CMC PMAYOR Lb CITY CLERK �.A► B)- APPROVED AS TO IIORM AND CORRECTNESS: 9 ORDINANCE #2019-001