HomeMy WebLinkAboutO-2003-013 Schedule of Lot yard bulk C District amendment ORDINANCE NO. 2003-013
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 THE
"SCHEDULE OF LOT, YARD AND BULK REGULATIONS CITY OF
DANIA BEACH, FLORIDA" TO ESTABLISH FOR COMMERCIAL
DISTRICTS (C-1 TO AND INCLUDING C-4) A REAR YARD AND SIDE
YARDS' SETBACK REQUIREMENT FOR BUILDINGS WHICH ARE
PROPOSED TO BE LOCATED ADJACENT TO A SINGLE FAMILY
ZONING DISTRICT OR ANY EXISTING SINGLE-FAMILY HOME, SUCH
SETBACK TO BE EQUAL TO THE HEIGHT OF THE PROPOSED
BUILDING; 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 the "Schedule of Lot, Yard and Bulk Regulations City of Dania
Beach, Florida" of the City Code of Ordinances is amended to read as follows:
SCHEDULE OF LOT, YARD AND BULK REGULATIONS
CITY OF DANIA BEACH, FLORIDA
LOT YARD BULK SIDE
MINIMUM MAXIMUM MINIMUM MAXIMUM ST.
DISTRICT Area Width Depth Density Front Both/One Rear Height Coverage (Ft.)
(Sq. Ft.) (Ft.) (Ft.) (DU's/Gross (Ft.) (Ft.) (Ft.) (Stories/Ft.) (Percent)
Acre)
C-1 15,000 100 150 (N/A) 25 20/10 f 3) 152 2/35 65 15
3/40 50 15
C-2,C-3, 4,000 30 90 (6) (3) (4 3) 10(j 2/35(2) 90 10
and C-4 3/40(2) 75 10
1 ORDINANCE NO.: 2003-013
(1) See Section 6.51 for special requirements regarding townhouses.
2 See Sections 5.22 and 5.41 for special lot and density and bulk
O p � yard, Y
requirements.
(3) All buildings shall provide at least a ten-foot setback; provided, however,
that any building to be located adjacent to a single family zoning district or any
existing single family home shall provide a setback equal to one (1.0) times the
building height. Building height is defined in Article 2. Definitions, Section 2.10,
Paragraph 10, of the Zoning Code.
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ordinance are repealed.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 March 12, 2003.
PASSED AND ADOPTED on second reading on March 25, 2003.
O ANTON
MAYOR — COMMISSIONER
AT T ST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHARLENE JO N ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - NO
MAYOR ANTON - YES
APPROVED AS TO F RM AND CORRECTNESS:
BY: -v
T14 AS',J. ANSBRO
r CITY ATTORNEY
2 ORDINANCE NO.: 2003-013
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. •
1. DATE OF COMMISSION MEETING: MARCH 25,2003
2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT - CHAPTER 28, "ZONING',
REVISE THE MINIMUM BUILDING SETBACKS FOR "C" DISTRICTS LOCATED ADJACENT
TO SINGLE FAMILY ZONED OR USED PROPERTY
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
C� G�e
FROM: Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: Proposed tent change to require minimum building
setbacks for Commercial Zoning Districts located
adjacent to Single Family Zoned or used property
(SECOND READING).
APPLICANT: Growth Management Department
Since 1976, in commercial ("C') zoning districts, buildings up to 40 feet in
height have been permitted within 10 feet of a rear lot line. Because the City's
zoning code measures building height to the ceiling of the top floor, a 40 foot
tall building may actually measure 50 feet to the highest point, or peak, of the
roof.
Most commercial properties are located along portions of US 1, Dania Beach
Boulevard, and Griffin Road. Many of these properties directly abut single
family homes. To prevent a 40 foot high building within 10 feet of a single
family home lot line, the proposed text change would require a rear setback
equal to the height of the building. As such, a 20 foot high building (measured
to the ceiling of the top floor) would require a 20 foot setback.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
•
SCHEDULE OF LOT,YARD AND BULK REGULATIONS
CITY OF DANIA BEACH,FLORIDA
C�LOT YARD BULK SIDE
MINIMUM MAXIMUM MINIMUM MAXIMUM ST.
DISTRICT Area Width Depth LAcre
sity Front BothlOne Rear Height Coverage (Ft.)
(Ft.) (Ft.) 's/Gross (Ft.) (Ft.) (Ft.) (Stories/Ft.) (Percent)
C•1 15,000 100 150 (NIA) IP
1120/10215u 113/40 11501115
C-4,C•3,and 4,000 30 90 ru 1l L0 u 2/35(2) 1905 10
(3) All buildings shall provide at least a ten-foot setback.
Provided however, buildings located adjacent to single family
zoning or existing single family homes shall provide a setback
equal to one (1.0) times the building_height. Building height
is defined in Article 2, Definitions, Section 2.10, Paragraph
10, of the Zoning Code.
® (4) None, but ten (10) feet if provided.
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 J 720
25,2003 at 7:00{J.m.,or as soon thereafter as possi- NOTICE IS HEREBY,GIVEN'thaCa public hearing will be
ble, in the City Commission Room, Administrative I held before the City Commission of the City of Dania (Public Hearing Notices
Center, 100 West Dania Beach Blvd., Dania Beach, Beach on March 25,2003 at 7:00 p.m., or as soon
Florida 33004, for the purpose of he any com-, thereafter as possible,in the Dania Beach City Com NOTICE
ments relative to.the following requests: mission Room,Administrative Center,100 West Dania( NOTICE IS HEREBY GIVEN that a public hearing will be
Michael S 4 t the et a Group,for property located Beach Blvd.,Dania Beach,Florida 33604,for the pur-f held before the City Commission on Tuesday,March
north of SW 45th Street,east of SW 30th Avenue,west Pose of considering adoption on 2nd and final reading 25,2003 at 7:00 p.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-
requests the following: Ordinances Chapter 28,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- TLED"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",SECTION 5.16, ciates, Inc., representing NAC Investors, LLC, to
SH APPROVING THE S.FF REZONING REQUEST BY MICHAEL ENTITLED`INTERSECTION VISION^TO CREATE SPECIF- property located at 3064 Griffin Road in the City of Da-
SHIFF OF THE SHIFF GROUP,FOR PROPERTY GENERAL- fC 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 7-1(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.
SCRIBED IN EXHIBIT"q", q Copy OF WHICH IS AT- otal of 57 townhomes.
AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- AN ORDINANCE OFserve units,to tTHEtC 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 155 ZERO LOT LINE HOMES AND "SUPPLEMENTARY LOT REGULATIONS",SECTION 5.30, , LOCATED AT 3064 GRIFFIN RD.,DANIA BEACH,FLORI-
PROVIDING F); SUBJECT TO CERTAIN RESTRICTIONS; 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 RS- 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)P1-03-03: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,FLORIDq,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 7HER, EXPANDING THE RESTRICTIONS OF SECTION JECT 70 CERTAIN RESTRICTIONS;PROVIDING FOR SEV-
STREET,EAST OF SW30THAVENUE,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- 14 OF THE WEST Y2 OF LOT 9,LESS THE NORTH 205 FEET
CATION FOR PUBLIC USE TACHED TO THIS ORDINANCE;ACCEPTING THE DE I. FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, THEREOF AND LESS THE WEST 55 FEET THEREOF,IN
AND ALLEYS AS SHOWN SUCH PF ALL ELAT OFH CAPE AN PROVIDING
ON OF SECTION 32 TOWN-
ORD NANCCE OF THE CITY OF DANIA BEACH,FLORI-. SH PFOR AN EFFECTIVE DATE. C 50 SOUTH,RANGE 4f21EAST,ACCORDING O T E
FEAR" PLAT; PROVIDING FOR SEVERABILITY; FUR- TLEDA,AMENDING CHAPTER 28,WHICH CHAPTER IS ENTI- PLAT THEREOF,RECORDED IN PLAT BOOK 2,PAGE 32.'
THER,PROVIDING FOR AN EFFECTIVE DATE. TLED"ZONING",OF THE CITY CODE OF ORDINANCES,. OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA,I
3) VA-04-03:'Request for approval Of the followingBY AMENDING NS CI"SCHEDULE IA L07; YARD AND{ SAID LANDS SITUATE,LYING NAD BEING IN BROWARDr
lotvariancesihomes
antown
n h the development of60 zer BULK REGULATIONS CITY OF DANIA BEACH,FLORIDA" COUNTY,FLORIDA.AND THE EAST Yz OF THE WEST Yz�'
for line homes and town homes: TO ESTABLISH FOR COMMERCIAL DISTRICTS(C-1 TO OF LOT 9,IN BLOCK 2,AND THE WEST Y2 OF THE WEST
a)Variance acres
eo iced) izeof8.8 gross acre5.(Mint- SETBACK REQUIREMENT FOR BUAND INCLUDING C-4)A REAR R DIIN SIDE
ARE,: NORTH 35 FEET T OF LOT 9,HEEREOF, OF(THE 3UBDIVISIONTOF!
MUM is acres required) AND
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,
FAMILY ZONING homes up to three stories in height.(Maximum height: FAMILY HOME,SUCH SETBACK TO BE CT OR ANY (EQUAL TO THE, I PLATBOOK 2,0 THE PLAT PAGE 32, F THE PUBLIC RECOORDS OFF
two stories) ACCORDING T
c)Generalized landscape variance from Chapter 26, HEIGHT OF THE PROPOSED BUILDING;PROVIDING FOR DADE COUNTY,FLORIDA;SAID(ANDS SITUATE,LYING'
Vegetation,Article IV Landscaping. CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER, AND BEING IN BROWARD COUNTY,FLORIDA.
SP•OS-03: Site Plan Approval to allow a Planned PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposal is available for viewing in the
Development consisting w h to 55 dwelling Copies of the proposed changes are available for Growth Management Department, 100 West Daniel
s(zero lot line homes and town homes)and aces 8 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- :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, tion.interested parties may appear at the public hear-: with respect to the proposed petition.
lying south of the canal,of Marshall's Everglades Sub-' do and be heard with,respect to the proposed peti- In accordance with the Americans With Disabilities
Actdivision in Section 29,Township 50 south,range 42 lion.
John-
east, n in Sectding to the Plat thereof,recorded in Plat On accordance with the Americans With Disabilities- 1 of these proceedinersons gs should nc ntacptaCharllenelJohn-
Book 2,Page 32,of the Public records of Dade Coun 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 pub 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 en foot traffic a P over son, City Clerk, 100 W, Dania Beach Blvd, Dania across and upon the east 10 feet of the south 335 feet Beach, FL 33004, (954)924-3622, at least 48 hours prior to meeting.
Of said lot 6,together with a perpetual easement run- Prior to meeting. y person who decides to appeal any decision made
l by the City Commission with regard to any matter
Wing 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 anti across the west by the City Commission with regard to any matters record of the proceedings and for such purpose may
o feet of the east half of saitl 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 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)antis situate in erowartl Coun need to ensure that verbatim record of the proceed- and evidence upon which the appeal is to be based.
Florida, subject to conditions, restrictions, limits- ings is made, which record includes the testimony
Lou Ann Cunningham
Copies of the proposed petition are available for view- Lou Ann Cunningham appeal is to be based. Planning Technician
ing in the Growth Management Department,100 West Planning Technician Marsh 14,2003
Dania Beach Blvd.,Dania Beach,Florida between the Marsh 74,2003
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 Americana With Disabilities ;Act,persons needing assistance to Participate in any
of these proceedings should contact Charlene John-
son, City Clerk, 100 W. Dania Beach Blvd, Dania
mm rNoaNNE 3Nmm?`c�_.mo,.��m'��oo�i�0000��� .»nooDooamxo=�D'mwom�.--oc innDm�y3�N�p
Beach, FL 33004, and (954) 924-3630, at least 48 ''n�Dm_.a$v_,.�D,O�n�7;"mmvmimNu3-+�mnDam^wpOmx�m^2c'moo,�����m��co3'-ao`''^p3nmm_.Na-
hours prior to meeting.- S mD m N -�
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appeal any decision made a "
ct,
by the Planning and Zoning AdvisoryBoartlortheCit a~cad°^m�?o3 <Dodao°0om�: �oyN^° m°ao�'"OOHO�r'
Commission with regard to any matter will need a considered at: om'mmsimo°,<*m`''r)3ym�'�^a73m V��°o °;a�omm�ynQ^m"^m mom. 'Oo-MMW-IWID T•^movmm
Ceetl ngStlandofor such purpose may need�ot ensue can-•moo��33.3 n0°a'cn mf Nmc""co a�� gino°O=ONP:am�mgm w0<°.ODco Cr on Na' �mm3.wm Fc?m�nm
that a verbatim recortl of the proceedings is made, W N'n»m io 3 m �n^D m o 3 g° m o;� m D 3 m=6:� ?r 3 m m m 1n - N m<O o Qn W^ n w-C.?
which record includes the testimony anti evidence 3 sm m H 2. owe^ <;' o N ^ a o f.<._0 3 c.�o o m o ° aH o 6 N_•o N o. 0 Wm`W,m
upon which theappeatistobased. ��<a�-^•m �ONN�^O �0 wn c� a(>>mOO�a< m-roc m own no, - n<
Dv--'mN °° -an �2c�,.7� Boo.
Lou Ann Cunningham,planning
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