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Home My WebLink AboutO-2003-012 Amending Supplementary lot regulations-Air conditioning units ORDINANCE NO. 2003-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 5., ENTITLED "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.30, ENTITLED "YARD REGULATIONS" AND SECTION 5.31, ENTITLED "RS-18000, RS-12000, RS-8000 AND RS-6000 DISTRICTS", TO RESTRICT AIR CONDITIONING UNITS, HEATING UNITS, POOL PUMPS AND RELATED EQUIPMENT TO A REAR YARD AND TO REQUIRE SUCH ITEMS TO OBSERVE A MINIMUM FIVE (5) FOOT SETBACK FROM THE APPLICABLE PROPERTY LINE; FURTHER, EXPANDING THE RESTRICTIONS OF SECTION 5.31, WHICH ALSO APPLIES TO PERMITTED PROJECTIONS OF CHIMNEYS, EAVES, BAY WINDOWS AND BALCONIES INTO YARD AREAS TO APPLY TO R-1C AND RD-8000 ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 5.30 of the City Code of Ordinances is amended to read as follows: 5.30. Yard regulations. Every part of a required front, side and rear yard must be open to the sky unobstructed except for accessory buildings in a rear or side yard, garden walls and fences, as permitted, and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices, and for ornamental features as defined below: 5.31. RS-18000, RS-12000, RS-8000 aA4d RS-6000, R-1 C, and RD-8000 DISTRICTS. (c) Air conditioning units heating units pool pumps and related equipment shall not be located in a front yard or required side yard. Such devices, and related equipment may be located in a rear yard provided a minimum five foot (5) setback is provided to any property line. ORDINANCE NO.: 2003-012 (1) Property owners are allowed to replace and change existing air conditioning, ® heating, and pool equipment at the same location. (2) Property owners are allowed to replace and change roof units, provided the units are painted and maintained compatible with the building. (3) New roof top units can only be located in the rear of the home and must meet all setbacks. Section 2. 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 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED on first reading on MAR 12, 2003. PASSED AND ADOPTED on second reading on MARCH 25, 2003. A*AN'tON MAYOR — CO MISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES �4 COMMISSIONER FLURY - YES CHARLENE J NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA -YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: BY: T H b M J.`ANS 0O CITY ATTORNEY 2 ORDINANCE NO.: 2003-012 AGENDA REQUEST FORM CITY OF DANIA BEACH e AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 25, 2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT - CHAPTER 28, "ZONING", RESTRICTION OF A/C UNITS AND RELATED EQUIPMENT TO THE REAR YARD AND REQUIREMENT OF A MINIMUM FIVE(5) FOOT SETBACK 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their February 19, ® 2003 regular meeting. Submitted by: Laurence G.Leeds, AICP, Director Date March 14,2003 Growth Management Department City Manager Date CITY OF DANIA BEACH ® GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: March 25, 2003 TO: Ivan Pato, City Manager FROM: Laurence eeds, A—ICP, Director Growth Management Department SUBIECT: Proposed text change to regulate air conditioner unit setbacks in Single Family Residential Districts under the Dania Beach Zoning Code (SECOND READING). LOCATION: Single Family and Duplex Zoning Districts located primarily east of Ravenswood Road APPLICANT: Growth Management Department . Setbacks requirements for air conditioning units, heat pumps, pool pumps and related equipment in single family zoning districts are not addressed in the current Dania Beach Zoning Code. The proposed ordinance would restrict air conditioning units and related equipment to the rear yard and require a minimum five (5) foot setback. The Broward County Zoning Code (applicable to single family areas in the 1990 and 2001 annexation areas) allows a/c units in side yards with a minimum three and one- half (3.5) foot setback. Staff is not recommending that the zoning code in annexation areas be changed at this time. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. ------------- 720 Public Hearing Notices NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a Public hearing Will be - held before the City Commission on Tuesday,March NOTICE 720 25,2003 at 7:OOO.m.,or as soon thereafter as possl- NOTICE IS HEREBY-GIVEN thatra-public hearing will be, Public Hearing Notice4 ble, in the City Commission Room, Administrative l held before the City Commission of the City of Dania Center, 100 West Dania Beach Blvd., Dania Beach, Beach on March 25,2003 at 7:00 Florida 33004, for the purpose of hearing any Cem_ . p.m., or as soon thereafter as possible,in the Dania Beach City Com NOTICE mints relative to the following requests: mission Room,Administrative Center,100 West Dania6 NOTICE IS HEREBY GIVEN that a public hearing will be ® north oof SW 45th Stel Shiff of reet,fe east of SW 30th Avenueo west . Beach Blvd.,Dania Beach,Florida 33004,for the pur--! held before the City Commission on Tuesday,March pose 01 considering adoption on 2nd and final reading25,2003 at 7:00 m.,or as soon thereafter as possi- of SW 28th Way,and south of the Dania Cut-Off Canal of proposed text changes to the Dania Beach Code of ble, in the Dania Beach City Commission Room,Ad- ministrative requests the following: Ordinances Chapter 29.Zoning as follows: ministrative Center,100 West Dania Beach Blvd.,Da- l)RZ-02-03:Rezoning request from Residential R-IC AN ORDINANCE OF THE CITY OP DANIA BEACH,FLORI- nia Beach,Florida 33004,for the purpose of hearing (44 single family homes allowed)to Residential PUD DA,AMENDING CHAPTER 28,WHICH CHAPTER IS ENTI- any comments which might be made to the following . (Up to 55 zero lot line homes and town homes allow- TEED'ZONING",OF THE CITY CODE OF ORDINANCES requests:ed). BY AMENDING ARTICLE 5, . ENTITLED Request by Shelly Eichner,Calvin,Giordanno&Asso- 4N ORDINANCE OF THE CITY OF DANIA BEACH.FLORI- "SUPPLEMENTARY LOT REGULATIONS",SECTIONS.16, ciates, Inc., representing NAC Investors, LLC, for SH APPROVING THE REZONING REQUEST BY MICHAEL ENTITLED"INTERSECTION VISION"TO CREATE SPECIE- property located at 3064 Griffin Road in the City of Da- DA SHIFF OF THE SHIFF GROUP,FOR PROPERTY GENERAL- IC VISION OBSTRUCTION RESTRICTIONS APPLICABLE. nia Beach.The request is for the following: LY LOCATED NORTH OF SW 45TH STREET,EAST OF SW TO NEW STRUCTURES ERECTED IN C-2(COMMERCIAL) RZ•06-03-A rezoning request is from T-1(Trailer Park) 30TH AVENUE, WEST OF SW 28TH TERRACE, AND ZONING DISTRICTS;PROVIDING FOR CONFLICTS;PRO- and A-1(Limited Agricultural)to RM-2(Residential)to SOUTH OF THE DANIA CUT-OFF CANAL("CAPE FEAR" VIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR allow 55 townhomes,plus the allocation of two re- PLAT)IN DANIA BEACH,FLORIDA,AND LEGALLY DE- AN EFFECTIVE DATE. serve units,to allow a total of 57 townhomes. SCRIBED IN EXHIBIT "q", A COPY OF WHICH IS AT- AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- TACHED TO THIS ORDINANCE;CHANGING THE CUR- DA,AMENDING CHAPTER 28,WHICH CHAPTER IS ENTI- DA APPROVING THE REZONING REQUEST BY SHELLEY RENT ZONING CLASSIFICATION OF THE PROPERTY TLED"ZONING",OF THE CITY CODE OF ORDINANCES EICHNER OF CALVIN GIORDANO AND ASSOCIATES FROM RESIDENTIAL R-IC(44 SINGLE FAMILY HOMES) BY AMENDING ARTICLE 5., ENTITLED REPRESENTING NAC INVESTORS,LLC,FOR PROPERTY TO RESIDENTIAL PUD(55 ZERO LOT LINE HOMES AND "SUPPLEMENTARY LOT REGULATIONS",SECTION 5.30, , LOCATED AT 3064 GRIFFIN RD.,DANIA BEACH,FLORI- TOWNHOMES); SUBJECT TO CERTAIN RESTRICTIONS; I ENTITLED"YARD REGULATIONS"AND SECTION 5.31, DA,AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING ENTITLED "RS-18000, RS-12000, RS-8000 AND IRS OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANG- FOR AN EFFECTIVE DATE. 6000 DISTRICTS", TO RESTRICT AIR CONDITIONING ING THE CURRENT ZONING CLASSIFICATION OF THE 2)PL-03-03:Request for preliminary plat approval for UNITS, HEATING UNITS,POOL PUMPS AND RELATED PROPERTY FROM T-1(TRAILER PARK)AND C-2(COM- Cape Fear Plat, EQUIPMENT TO A REAR YARD AND TO REQUIRE SUCH MERCIAL)TO RM-2(RESIDENTIAL)TO ALLOW 55 TOWN AN ORDINANCE OF THE CITY OF DANIA,FLORIDA,qP• ITEMS TO OBSERVE A MINIMUM FIVE(5)FOOT SET- HOMES, PLUS THE ALLOCATION OF TWO RESERVE PROVING THE "CAPE FEAR- PLAT, SUCH PROPERTY BACK FROM THE APPLICABLE PROPERTY LINE;FUR- UNITS,TO ALLOW A TOTAL OF 57 TOWN HOMES;SUB- BEING GENERALLY LOCATED NORTH OF SW 45TH THER, EXPANDING THE RESTRICTIONS OF SECTION JECT TO CERTAIN RESTRICTIONS;PROVIDING FOR SEV-" STREET,EAST OF SW 30TH AVENUE,WEST OF SW 28TH 5.31, WHICH ALSO APPLIES TO PERMITTED PROJEC- ERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE TERRACE,AND SOUTH OF THE DANIA CUTOFF CANAL TIONS OF CHIMNEYS, EAVES, BAY WINDOWS AND DATE.(2nd and Final reading of Ordinance) IN THE CITY OF DANIA BEACH AND LEGALLY DE- BALCONIES INTO YARD AREAS TO APPLY TO R-IC AND: Exhibit'A'-Property is legally described as:THE WEST SCRIBED IN EXHIBIT"A", A COPY OF WHICH IS AT. RD-8000 ZONING DISTRICTS; PROVIDING FOR CON- Yz OF THE WEST Y=OF LOT 9,LESS THE NORTH 205 FEET TACHED TO THIS ORDINANCE;ACCEPTING THE S AT. FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, THEREOF AND LESS THE WEST 55 FEET THEREOF, IN CATION FOR PUBLIC USE OF ALL STREETS,HIGHWAYS IN OF THE CITY OF DANIA BEACH,FLORI-. SHIP VIDING FOR AN EFFECTIVE DATE. C50 SOUTH. ANGE 4121EAST,ACCORDING TO THE AND ALLEYS AS SHOWN ON SUCH PLAT OF "CAPE DA,AMENDING CHAPTER 28,WHICH CHAPTER IS ENTI- PLAT THEREOF,RECORDED IN PLAT BOOK 2,PAGE 32,` FEAR' PLAT; PROVIDING FOR SEVERABILITY; FUR- TLED"ZONING",OF THE CITY CODE OF ORDINANCES OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA, THER,PROVIDING FOR AN EFFECTIVE DATE. BY AMENDING THE -SCHEDULE OF LOT, YARD AND SAID LANDS SITUATE,LYING NAD BEING IN BROWARD, 3) VA-04-03:'Request for approval of the following ' BULK REGULATIONS CITY OF DANIA BEACH,FLORIDA" COUNTY,FLORIDA.AND THE EAST%OF THE WEST V2� variances associated with the development of 60 zero TO ESTABLISH FOR COMMERCIAL DISTRICTS(C-1 TO OF LOT 9,IN BLOCK 2,AND THE WEST Y2 OF THE WESTI .lot line homes and town homes: f a)Variance toallowalotsizeof8.8 gross acres.(Mini- SETBACK REQUIREMENT EMENT FOR BUR DIIN SD AND SWHICH ARE, NY2 OF THE EAST ORTH 35 FEETIDE YARDS' 12 OF HEREOF, , N BLOCK UB2,LESS TOE:' mum 15 acres required) b) Variance to allow town homes and zero lot line PROPOSED TO BE LOCATED ADJACENT TO A SINGLE! SECTION 32,TOWNSHIP 50 SOUTH,RANGE 42 EAST,j homes up to three stories in height.(Maximumhei ht: FAMILY ZONING DISTRICT OR ANY EXISTING SINGLE I ACCORDING TO THE PLAT THEREOF, RECORDED IN' two stories) g FAMILY HOME,SUCH SETBACK TO BE EQUAL TO THE PLAT BOOK 2,PAGE 32,OF THE PUBLIC RECORDS OF! C)Generalized landscape variance from Chapter 26, HEIGHT OF THE PROPOSED BUILDING;PROVIDING FOR DADE COUNTY,FLORIDA;SAID LANDS SITUATE,LYING' Vegetation,Article IV Landscaping. CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER, AND BEING IN BROWARD COUNTY,FLORIDA. 4) SP-OS-03: Site Plan Approval to allow a Planned PROVIDING FOR AN EFFECTIVE DATE. i A copy of the proposal is available for viewing in the t Development consisting of up to 55 dwelling Copies of the proposed changes are available for Growth Management Department, 100 West Dania s(zero lot line homes and town homes)and acces viewing in the Growth Management Department,100 t Beach Blvd.,Dania Beach,-Florida between the hours boat slips. West Dania Beach Blvd., Dania Beach, Florida be- s of 8:00 a.m.and 4:00 p.m.,Monday-Friday please call Exhibit'A'-Legal Description:The west half of lot 6, tween the hours of 8:00 a.m.and 4:00 p.m.,Monday- (954)924-3645 for more information.Interested par- all of lot 7,and the east half of lot 8;less the south 21 Friday please call(954)924-3645 for more informa- ties may appear at the public hearing and be heard feet of said west half of lot 6 and all of lot 7,in block 3, lion.Interested parties may appear at the public hear-: -with respect to the proposed petition. lying south of the Canal,of Marshall's Everglades Su b• ing and be heard with respect to the proposed peti• In accordance with the Americans With Disabilities division in Section 29,Township 50 south,ran a 42 lion. Act,persons needing assistance to participate in any east, according to the plat thereof,recorded in Plat On accordance with the Americans With Disabilities I of these proceedings should contact Charlene John- Book 2,Page 32,of the public records of Dade County, Act,persons needing assistance to participate in any f son, City Clerk, 100 W. Dania Beach Blvd, Dania Florida;Subject to a perpetual easement for a public of these proceedings should contact Charlene John- f Beach, FL 33004, (954)924-3622, at least 48 hours right-Of-way for vehicular,animal and foot.traffic over son, City Clerk, 100 W. Dania Beach Blvd, Dania, prior to meeting. across and upon the east 10 feet of the south 335 feet Beach, FL 33004, (954)924-3622, at least 48 hours Any person who decides to appeal any decision made of said lot 6,together with a perpetual easement run. prior to meeting. I by the City Commission with regard to any matter ning forever fora Public right-of-way for vehicular, AnY Person who decides to appeal any decision made considered at this meeting or hearing will need a animal and foot traffic over,upon and across the west by the City Commission with regard to any matteri record of the proceedings and for such purpose may 10 feet oft east half of said lot 6;and subject to a considered at this meeting or hearing will need a need to ensure that a verbatim record of the proceed- road right-of-way over the south 21 feet of said east record of the proceedings and for such purpose may ings is made, which record includes the testimony half of said lot 8,said lands situate in Broward Court need to ensure that verbatim record of the proceed- and evidence upon which the appeal is to be based. tY. ings is made, which record includes the testimony Lou Ann Cunningham tions.aeservationsect oand ealsements of record restrictions, limit nita- and evidence upon which the appeal is to be based. Planning Technician Copies of the proposed petition are available for view- Lou Ann Cunningham March 14,2003 ing in the Growth Management Department,100 West Planning Technician :Dania Beach Blvd.,Dania Beach,Florida between the March 14,2003 hours of 8:00 a.m.and 4:00 p.m.,Monday-Friday.In- terested parties may appear at the public hearing and :be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings Should contact Charlene John- ania Beach,'L 33004,1and00 N(954) 924-3630, at ea. Dania Beach Blvd, st 48 I mmcnwNa��^�D•�O5f-m=mmaR4°ooanm^.N�'^m°omcoomo-'mn"m-ooaacL'go�ma06263�m��,n�nr. � �eom�"..+ CO-.ate m o m ate.. �_' hourspriOrtOmeeting.. ?=gym namol?n°omy "mla 'mm o��cco^� �ood.cn-^m m,e•-m 000n.oH o�^°o� Any person who decides to appeal any decision made o m o _�^o a�°_cog-. �w no o X>>�o• �n�m�;;oa^_ ^! -a;a5"' _ _ _ by the Planning and Zoning AdvisoryBoardortheCit A�0�.'^D��m -�9Opnfom C)- �O'Nmm_W;;Wa_ M-oac^ n� QON ooc°nam�� Y h+noc�a�>� pwfloN°- ^os v. ma=ao mn�"mn°:mao� °o°mo`<". � m m m Commission with regard to any matter considered at ono m m c m m, m 7_ o °m o?�o»�a. m gm S_-g.. m m o m mmm m m o this meeting or hearing will need a record of the pro- w o c ma^o aw m n^ m a o p aw f o oicm�o vm`NamZ�o Dm00=070N.mGN�mo^p�m0<aNON(m-m �m_m mHoo3vmm ceedings and for such purpose may need to ensure d,.,=o=3 a�?' nID:E n 9 ^o o noo o-min �o..a��.y^o m n v min � Imo that a Verbatim recortl of the proceedings is made, °m m C,o m 5-•^v m o3: 3o r m m 3 o�;^ . �r m in a^ �,� o cn=w^ ^w m 3 which record includes the testimony and evidence 3 F>m m o a �000'�m<^' om ^ e^o f<_o a= II o m o� v�H m o °m_o II O w�m upon which the appeal is to based. ?.<amam v�Nw>r-ow:,=W, c�^aaomw'>< om own oo� .< o m �< -�mm0 o win^� n--0o Qo�mm,. noaj,n ovvoommm� o�+ o•o wn-o..�x Soo'Toor*,. 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