HomeMy WebLinkAboutO-2000-015 ORDINANCE NO. 2000-015
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28, ZONING, TO CREATE A NEW R-M(3) MULTI-FAMILY
ZONING CATEGORY; TO ASSIGN PROPERTY TO THE NEW
CATEGORY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That Section 3.10, "Establishment of districts," of Article 3,
"Establishment and Definition of Districts," of Chapter 28, "Zoning," of the Code of
Ordinances of the City of Dania Beach, is amended as follows:
ARTICLE 3. ESTABLISHMENT AND DEFINITION OF DISTRICTS
3.10. Establishment of districts.
For the purposes of protecting, promoting and improving the public health,
safety, morals and the general welfare of the people, the City of Dania is hereby divided
• into the following districts:
R-S 18000 Single Family
R-S 12000 Single Family
R-S 8000 Single Family
R-S 6000 Single Family
RSO Residential, Single Family/Office
R-D 6000 Two Family
R-M Low Density Residential
R-M (1) Medium T'= Density Residential
R-M (2) Medium-High Density Residential
R-M (3) High Density Residential
C-1*
C-2*
C-3*
C-4*
PUD-A Planned Unit Development
PUD-B Planned Unit Development
IG General Industrial
IR Restricted Industrial
IRO Industrial-Research-Office
IPT Petroleum Tank Farms
1 ORDINANCE NO. 2000-015
OS Open Space
RMH Mobile Home District
PEDD Port Everglades Development District
Section 2. That Section 4.20, "Application of regulations," of Article 4, "District
Regulations," of Chapter 28, "Zoning," of the Code of Ordinances of the City of Dania
Beach, is amended as follows:
ARTICLE 4. DISTRICT REGULATIONS
4.20. Application of regulations.
DISTRICT PURPOSE PERMITTED ACCESSORY USES SPECIAL
USES EXCEPTION USES
R-M(2) The purpose 1. Single- 1. Private nurseries 1. Planned Unit
Multifamily of this district family and greenhouses. 2. Development PUD 2
Residential is to provide dwellings. Private garages. & 3.
for use and 2. Municipally 3. Private swimming 2. Essential services.
occupancy of owned or pools and/or 3. Public or private
multifamily operated parks cabanas. academic schools.
dwellings at and recreation 4. Other accessory 4. Private, social,
moderate areas. uses customarily swimming, golf and
densities and 3. Two-family incident to permitted tennis clubs.
related dwellings. or approved special 5. Churches,
essential 4. exception uses, not synagogues and other
services and Townhouses. involving the conduct houses of worship.
facilities. 5. Multifamily of business. 6. Supplemental
dwellings. 5. Off-street parking parking.
6. Cluster-- (noncommercial 7. Nonprofit cultural
Single-family. vehicles). centers.
8. Municipally owned
or operated parking
areas.
9. Adult residential
care facilities.
R-M(3) Same as R- Same as R- Same as R-M(2) Same as R-M(2)
Multifamily M(2) M(2)
Residential
2 ORDINANCE NO. 2000-015
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Section 4. That Section 5.22, "Permitted Exceptions to Height Regulations," of Article
5, "Supplementary Lot Regulations," of Chapter 28, "Zoning," of the Code of Ordinances
of the City of Dania Beach, is amended as follows:
ARTICLE 5. SUPPLEMENTARY LOT REGULATIONS
5.22. PERMITTED EXCEPTIONS TO HEIGHT REGULATIONS.
(c) For buildings erected in the R-M District, on tracts or parcels of land that are less
than two (2) acres in size, the permitted height may be but shall not exceed the mean height of
adjoining buildings within the R-M District, provided, however, that in no case shall the
permitted height exceed five (5) stories or sixty-two (62) feet, whichever of the two (2) shall be
the least and provided further that the following conditions exist: (See section 5.41 for
supplementary yard, density and coverage regulations.)
(1) That the owner of said lot does not own any adjoining vacant land which
would create a parcel or tract of two (2) acres or more if said vacant land were combined with
• a lot measuring less than two (2) acres.
(2) That the said parcel of less than two (2) acres is adjoined on two (2) or more
sides, adjoined defined as abutting or separated by street or alley of sixty (60) feet or less for at
least fifty per cent (50%) of a side of said parcel, by buildings lawfully in existence at the
effective date of this chapter but exceeding the height limitation of the R-M District.
(d) For buildings erected in the R-M(1}-�,_ R-M(2) or R-M(3) District, on tracts or
parcels of land that are in one ownership, which are developed as one integral unit, and consist
of not more than four (4) acres, and which are adjoined on two (2) sides by buildings within
the R-M(1)= ,_ R-M(2) or R-M(3) District of eight (8) stories or ninety (90) feet, adjoined
defined as abutting, the permitted height may be, but shall not exceed, eight (8) stories or
ninety (90) feet, whichever of the two (2) shall be the least. (See section 5.41 for
supplementary yard and coverage regulations.)
(f) In order to encourage increased open space and reduce lot coverage, the maximum
building height in R-M, R-M(1}== 1 R-M(2) and R-M(3) Districts may be increased by the
city commission upon reduction of the lot coverage below that otherwise required by this
chapter; provided, that in no event shall the building height in an R-M District exceed five (5)
stories or sixty-two (62) feet, or eight (8) stories and ninety (90) feet in an R-M(1) R-M(2)
4 ORDINANCE NO. 2000-015
or R-M 3 District, nor shall the maximum lot coverage in such districts when the foregoing
�+ heights are allowed exceed twenty-five per cent (25%).
Any RM(2) or R-M(3) parcel or lot having an area of ten (10) or more acres
may have a height increase above eight (8) stories or ninety (90) feet by using the Land Area
Height Ratio Formula below. However, no building or structure will be permitted to have a
height greater than fifteen (15) stories or one hundred fifty (150) feet.
ALC=Allowable Lot Coverage
TLA=Total Lot Area (over 10 zoning acres)
SR=Stories requested (over 8 not to exceed 15)
ALC=TLA SR
Example:
Zone RM(2) or R-M(3)--The owner of a ten (10) acre parcel requests a permit
to construct a fifteen (15) story multi-family apartment building. What is the allowable lot
coverage for the structure?
. ALC=400,000 sq. ft. (ten zoning acres) SR
ALC=26,666 sq. ft. or 6.66%
Section 5. That Section 5.32, "RM, R-M(1) and R-M(2) Districts," of Article 5,
"Supplementary Lot Regulations," of Chapter 28, "Zoning," of the Code of Ordinances of the
City of Dania Beach, is amended as follows:
5.32. RM, R-M(1) R-M(2) AND R-M(3) DISTRICTS.
(a) Cornices, chimneys and fire escapes may extend forty-eight (48) inches from the
main building into any yard areas.
(b) Area-ways, ramps or steps to basement may extend into side or rear yard area
within twenty-four (24) inches from adjacent property line provided no part is over thirty-six
(36) inches above the grade.
(c) Decorative screens and other architectural features projecting into the rear, side or
front yard areas shall be perforated in a manner so that any vertical projection is at least fifty
per cent (50%) open in area in a vertical plane at any given point.
•
5 ORDINANCE NO. 2000-015
Section 6. That Section 5.41, "Developments Exceeding Permitted Height Regulations," of
• Article 5, "Supplementary Lot Regulations," of Chapter 28, "Zoning," of the Code of Ordinances
of the City of Dania Beach, is amended as follows:
5.41. DEVELOPMENTS EXCEEDING PERMITTED HEIGHT REGULATIONS.
(b) When any building in the R-M(1),_=TR-M(2) or R-M(3) District exceeds five (5)
stories or fifty-five (55) feet, as provided for in section 5.22(d), the following lot, yard and
bulk regulations shall apply:
(1) Maximum density--Fifteen (15) dwelling units per acre.
(2) Minimum yards: Front--Fifty (50) feet; side--one, forty (40) feet; both,
eighty (80) feet.
(3) Maximum coverage--Twenty-five per cent (25
Section T That Section 6.21, "Off-Street Parking," of Article 6, "Supplementary Use
® Regulations," of Chapter 28, "Zoning," of the Code of Ordinances of the City of Dania Beach,
is amended as follows:
6.21. OFF-STREET PARKING.
(f) Utilization of yards. Providing the ground level at the lowest point of the public
sidewalk abutting the property, or the public street if there is no public sidewalk, is
maintained, required off-street parking facilities may be located in sub-basement under
required yards. Roofs of such sub-basements shall be sodded, landscaped, and maintained, and
there shall be no visible evidence of such underground use from a public street or sidewalk. No
such underground facility shall be constructed closer than five (5) feet to any property line.
In RS-18000, RS-12000, RS-8000, RS-6000, RD-6000, R-M, R-M(1), HHH-e-' R-M(2) and
R-M 3 Districts, parking for single-family dwelling use may be permitted in any set-back area
or yard and shall be counted as meeting off-street parking requirements. For single-family
dwelling use, supplemental off-street parking may be permitted on the same lot provided that
for more than three (3) supplemental spaces, not located within a structure, effective screening
by hedges and/or walls not less than four (4) feet in height shall be placed between the off-
street parking and any street and/or interior lot lines.
In all districts for all other permitted or approved special exception uses, required front,
street side or street rear yards may not be used for off-street parking, but all other yards may
6 ORDINANCE NO. 2000-015-_
be used for such purpose. If a side or rear yard or nonrequired front, street side or street rear
yard is used for parking purposes, it shall be effectively screened with hedges or walls or a
combination thereof placed at the appropriate building line between the off-street parking and
any street. Such screening shall not be less than six (6) feet high and shall laterally extend
across the entire building line which separates the parking area from the street except for the
access way. Such screening shall also be required along all interior lot lines and shall not be
less than four (4) feet in height and shall not encroach upon the rear easement line. The height
of said required screening shall be measured as set forth in section 5.36 of this chapter. Each
parking space shall have an adequate and substantial wheel stop located at least four (4) feet
from any abutting side or rear property line. In addition to the screening requirements above,
the interior of the parking area must have suitable landscaping, including the provision of
shade trees, such landscaped area to be no less than five per cent (5%) of the parking area. The
total area devoted to landscaping, comprising both the screening and the interior landscaping,
must be at least ten per cent (10%) of the parking area.
Section 8. That Section 7.43, "Planned Unit Developments as Special Exceptions," of Article
7, "Planned Unit Developments," of Chapter 28, "Zoning," of the Code of Ordinances of the City
of Dania Beach, is amended as follows:
7.43. PLANNED UNIT DEVELOPMENTS AS SPECIAL EXCEPTIONS.
•
7.432. Application of districts. Planned unit developments as established by this article may be
permitted as special exceptions only in specifically designed districts as follows:
PUD-1--Single-family development--Permitted only in portions of RS-8000 districts which are
in close proximity to intensive developments in R-M, R-M(l)-=,_ R-M(2) or R-M(3) Districts.
PUD-2--Residential mix development--Permitted only in R-M, R-M(1), R-M(2) or R-M(3)
Districts.
PUD-3--Mixed use development--Permitted only in R-M, R-M(1} =;:1 R-M(2) and R-M(3)
Districts.
7.434. Residential density in planned unit developments. Residential densities in special
exception planned unit developments permitted under the provisions of this article shall be as
follows:
7 ORDINANCE NO. 2000-015-
PUD DISTRICT USE DISTRICT MAXIMUM DENSITY
PERMITTED UNDER PUD*
PUD-1 R-B 6 Units per acre
PUD-2 R-M 18 Units per acre**
R-D(1) 24 Units per acre**
PUD-3 R-M 18 Units per acre**
R-M(1) 24 Units per acre**
R-M(2) and R-M(31 30 Units per acre**
* See section 7.436 for conversion of nonresidential uses to equivalent dwelling unit amounts
for the purpose of calculating gross density.
** See section 7.435 for special provisions covering densities in those portions of the planned
unit development site adjoining lower-density residential districts.
Section 9. That Section 33-308, "Zoning Districts, Height and Setback Requirements, etc.,"
of Article VHI, "Telecommunications Towers and Antennas," of Chapter 33, "Zoning Appendix,"
of the Code of Ordinances of the City of Dania Beach, is amended as follows:
Sec. 33-308. Zoning districts, height and setback requirements, etc.
* * *
•
(3) Stealth towers or stealth rooftop and building mounted antennas shall be allowed as
special exceptions in the following zoning districts:
a. (C-4) Community Business.
b. (C-3) General Business.
c. (C-2) Commercial District.
d. (IRO) Industrial Research Office.
e. (IR) Restricted Industrial.
f. (IG) Industrial General.
g. B-3/M-1.
h. M-2, M-3, M-4.
i. (RM/RM1) Low and Medium ' Density Multiple-Family (stealth antennas only).
8 ORDINANCE NO. 2000-015
• j. (RM2/RM3) Medium High and High Density Multiple-Family (stealth antennas
only).
Section 10. That except as amended, all other provisions of Chapters 28 and 33 of the Code of
Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect, and any
inconsistent provisions of Chapters 28 and 33, the entire Code of the City or City resolutions are
repealed to the extent of any conflict with this ordinance.
Section 11. If any clause, section or other part of this ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby but shall remain in full force and effect.
Section 12. That this Ordinance shall be in force and take effect immediately upon its final
passage and adoption.
PASSED on First Reading on March 13, 2000:
PASSED and ADOPTED on Second and Final Reading on March 28, 2000.
C.K. McELYEA,�
MAYOR-COMMISSIONER
ATTEST: MAYOR MCELYEA - YES
VICE-MAYOR BERTINO - YES
COMMISSIONER CALI - YES
COMMISSIONER ETLING - YES
SHERYL CHAPMAN COMMISSIONER MIKES- YES
ACTING CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS:
THOM4AS4. ANSBRO
CITY ATTORNEY
RM 3 ordinanceV2.doc
9 ORDINANCE NO. 2000-015-
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
-rL
1. DATE OF COMMISSION MEETING: MARCH 28, 2000
2. DESCRIPTION OF AGENDA ITEM: 2ND PUBLIC HEARING—TEXT CHANGE
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE
4. SUMMARY EXPLANATION & BACKGROUND:
Zoning code text change to establish "R-M(3) High Density Residential" District
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report, Laurence Leeds, AICP, Director Growth Management
Ordinance
Public Hearing Notice
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
• Planning and Zoning Advisory Board Approved request at their meeting held on
February 17, 2000.
Submitted by:
Laurence G. Leeds,AICP, Director Date 03/22/2000
Growth Management Department
City Manager Date
1
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management
RE: Zoning Code Text Change to establish "R-M (3) High Density
Residential"
Date: March 22, 2000 (March 28, 2000 City Commission Meeting)
Applicant: City of Dania Beach
The City recently approved future land use plan "map" amendments that permit a
residential density between 16 and 25 units per acre on two parcels located on
Sheridan Street. Sheridan 400 (west of SE 5th Avenue) was approved for approximately
• 22 units per acre and Sheridan 600 (east of SE 5th Avenue) was approved for
approximately 21 units per acre. Building permits applications are pending for the
Sheridan 400 parcel.
The land use category that permits between 16 and 25 residential units per acre is
known as "Medium High 25 Residential." However, the City has no zoning district to
implement this land use plan category. The City's highest density residential district
permits a maximum of 16 units per acre.
Staff recommends establishment of a new zoning district to implement previously
approved land use plan amendments that allow in excess of 16 units per acre. The new
district is "R-M(3)" High Density Residential (See attached). The new district is
essentially the same as the existing RM-2 in terms of permitted uses, setbacks, building
height, parking, open space, etc. The only difference is that R-M(3) will permit between
16 and 25 units per acre and R-M(2) will continue to permit 16 units per acre or less.
Staff Recommendation: Approval.
Planning and Zoning Advisory Board Recommendation: Approval.
remldoc
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
The City of Dania Beach proposes to adopt and discuss an ordinance which will establish an RM (3) Residential
Zoning District (25 dwelling units per gross acre) in the City of Dania Beach. Two Public hearings will be held on
the proposed ordinance as follows:
Dania Beach City Commission on Tuesday, March 28, 2000, on or after 7:30 p.m. (2"d Public Hearing)
The title of the proposed ordinance reads as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING
TO CHAPTER 28, ZONING, PROVIDING FOR THE AMENDMENT OF SECTION 3.10 BY ADDING A
MULTIFAMILY RESIDENTIAL DISTRICT - R-M (3) TO THE LIST OF ESTABLISHED DISTRICTS;
FURTHER ESTABLISHING USE REGULATIONS AND SITE DEVELOPMENT REGULATIONS FOR SUCH
DISTRICT; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
Insert City of Dania Beach Map here (Call me if you need a new one 924-3645)
Copies of the proposed ordinance as well as the current and proposed zoning maps, are available for viewing and
purchase in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida between
the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday, (954) 924-3645. Interested parties may appear at the
public hearing and be heard with respect to the proposed ordinance.
Any person who decides to appeal any decision made by the Planning and Zoning Board and City Commission
with regard to any matter considered at this meeting or hearing will need a record of the proceedings, and for such
purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and
• evidence upon which the appeal is to be based.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania
Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting.
Published: Thursday, March 16, 2000
THE MIAMI HERALD
A Knight Ridder Newspaper
Published Daily
MIAM1, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
TONI RICHARDSON
who on oath that she is
ADVERTISING OFFICE MANAGER
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida;
that the advertisement for City of Dania
was published in said newspaper in the issues of:
• The Herald, Broward Edition on Monday, February 7, 2000 on pg 5B
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that.the said newspaper has heretofore been
continuously published in said Dade County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement.
l� C/
Toni Richardson
Sworn to and subscribed before me
+h
thisPM day of February, 2000 A.D.
I
Monica Kelly
OFFICIAL NOTARY SEAL
MONICA J KELLY
• NOTARY PUBLIC STATE OF FLCRIDA
COM14ISSION NO.-CC
MY COMMISSION IuXP.AI'R.22,2000
CITY OF ®AMA BEACH
NOTICE OF PUBLIC HEARING
The City of Dania Beach proposes to adopt and discuss an ordinance which
will establish an RM (3) Residential Zoning District (25 dwelling units per ,
gross acre) in the City of Dania Beach. Two Public hearings will be held on
the proposed ordinance as follows:
Dania Beach Planning and Zoning Board, Wednesday,
February 16, 2000 on or after 7:30 p.m.
Dania Beach City Commission on Tuesday, March 14, 2000, on or after
7:30 p.m. (1st Public Hearing)
The title of the proposed ordinance reads as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA '
BEACH, FLORIDA, PERTAINING TO CHAPTER 28, ZONING, PROVIDING
FOR THE AMENDMENT OF SECTION 3.10 BY ADDING A MULTIFAMILY
RESIDENTIAL DISTRICT - R-M (3) TO THE LIST OF ESTABLISHED
DISTRICTS; FURTHER ESTABLISHING USE REGULATIONS AND SITE '
DEVELOPMENT REGULATIONS FOR SUCH DISTRICT; PROVIDING FOR '
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
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Copies of the proposed ordinance as well as the current and proposed zoning
maps, are available for viewing and purchase in the Growth Management
Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the
hours of 8:00 a.m. and 4:00 p.m., Monday - Friday, (954) 924-3645. Interested
parties may appear at the public hearing and be heard with respect to the
proposed ordinance.
Any person who decides to appeal any decision made by the Planning and
Zoning Board and City Commission with regard to any matter considered at
this meeting or hearing will need a record of the proceedings, and for such
purpose may need to ensure that a verbatim record of the proceedings is
made which includes the testimony and evidence upon which the appeal is to
be based.
In accordance with the Americans With Disabilities Act, persons needing
assistance to participate in any of these proceedings, should contact Sheryl
Chapman, Administrative Services Director, 100 W. Dania Beach Blvd.
Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meetin
V;