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Home My WebLink AboutO-2003-014 Intersection Vision amendment ORDINANCE NO. 2003-014 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 5.16, ENTITLED "INTERSECTION VISION" TO CREATE SPECIFIC VISION OBSTRUCTION RESTRICTIONS APPLICABLE TO NEW STRUCTURES ERECTED IN C-2 (COMMERCIAL) 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 5.16 of the City Code of Ordinances is amended to read as follows: 5.16. INTERSECTION VISION. For all zoning districts except C-2 Commercial Districts, Aas an aid to free and safe movement of vehicles at and near street intersections and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and property at all street intersections, no obstruction to vision (other than an existing structure) exceeding thirty (30) inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines thirty (30) feet distant from their point of intersection. As to C-2 Commercial Districts.,- (See attaGhmeRt 1 of this Ghapter for an Mustrattion of thus ron irom .no\ no obstruction to vision (other than an existing structure) exceeding thirty (36) inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines fifteen (15) feet distant from their point of intersection. 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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. 1 ORDINANCE NO.: 2003-014 Section 4.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. iBB NION MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES CHARLENE JO SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA -YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: THo4A8./J. A14SBRO C ITY'ATTORN EY 2 ORDINANCE NO.: 2003-014 AGENDA REQUEST FORM CITY OF DANIA BEACH AMP dlg,�' d/ AGENDA ITEM NO. 70 1. DATE OF COMMISSION MEETING: MARCH 25,2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT - CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 5. "SUPPLEMENTARY LOT REGULATIONS," SECTION 5.16"INTERSECTION VISION' 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: Intersection vision requirements currently exclude C-2 zoning districts. Staff is recommending expanding intersection vision requirements to the C-2 zoning district. 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 DAMA BEACH • GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: March 25, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department SUBJECT: Proposed text change to apply intersection vision requirements to the Commercial (C-2) Zoning District (SECOND READING). LOCATION: Commercial (C-2) Zoning Districts City wide. APPLICANT: Growth Management Department The Zoning Code requires 30 foot intersection "clear zones" to prevent vision obstructions at the intersection of any two streets. The current Zoning Code excludes C-2 zoning districts from this requirement. This means that construction in C-2 districts ® can be located within 10 feet of any street intersection. Most of downtown and much of West Griffin Road is zoned C-2. The proposed text change would require, for the first time, intersection vision clear zones at street intersections in the C-2 district. The C-2 clear zone would be smaller (15 feet) than required in other zoning districts. PLANKING 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 7:00,p.m.,or as soon thereafter as ossi- ' NOTICE IS HEREBY GIVEN that a public hearing will bet 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, i Beach on March 25, 2003 at 7:00 p.m., or as,soon j Florida 33004, for the purpose of hearing any com-r 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 Shiff of the Shiff Group,for property located Beach Blvd.,Dania Beach,Florida 33604,for the pur- 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- r)RZ-02-03:Rezoning request from Residential R-IC AN ORDINANCE OF THE CITY OP DANIA BEACH,FLOR1- nia Beach,Florida 33004,for the ur Purpose of hearing" (a4 single family homes allowed)to Residential PUD DA,AMENDING CHAPTER 28,WHICH CHAPTER IS ENTI- any comments which might be made to the followin (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",SECTION 5.16, ciates, Inc., representing NAC Investors, LLC, for APPROVING THE REZONING REQUEST BY MICHAEL ENTITLED"INTERSECTION VISION"TO CREATE SPECIF- property located at 3064 Griffin Road in the City of Da- DASHIFF 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 isfrom T-1(Trailer Park) 30TH AVENUE, WEST OF 45 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- i PLAT)IN DANIA BEACH,FLORIDA,AND LEGALLY DE- AN EFFECTIVE DATE. serve units,to allow a total of 57 townhomes. SCRIBED IN EXHIBIT"A";q 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 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)PL-03-03:Request for preliminarypiat 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,AP- 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-I 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 r Exhibit'A'-Property is legally described as:THE WEST SCRIBED IN EXHIBIT"A", A COPY OF WHICH IS RD-8000 ZONING DISTRICTS; PROVIDING FOR CON-: Yz OF THE WEST Yz OF LOT 9.LESS THE NORTH 205 FEET AT- TACHED TO THIS ORDINANCE;ACCEPTING THE DEDI• FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, THEREOF AND LESS THE WEST 55 FEET THEREOF,IN CATION FOR PUBLIC USE OF ALL STREETS,HIGHWAYS PROVIDING FOR AN EFFECTIVE DATE. BLOCK 2,OF THE SUBDIVISION OF SECTION 32,TOWN- AND ALLEYS AS SHOWN ON SUCH PLAT OF "CAPE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-• SHIP 50 SOUTH,RANGE 42 EAST,ACCORDING TO THE.: FEAR" PLAT; PROVIDING FOR SEVERABILITY; FUR- DA,AMENDING CHAPTER 28,WHICH CHAPTER IS ENTI- TLED PLAT THEREOF,RECORDED IN PLAT BOOK 2,PAGE 32 ` 'THER,PROVIDING FOR AN EFFECTIVE DATE. "ZONING",OF THE CITY CODE OF ORDINANCES ; OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDAJ 3) VA-04-01'..Request for approval of the followingBY AMENDING THE -SCHEDULE OF LOT, YARD AND'. SAID LANDS SITUATE,LYING NAD BEING IN BROWARD" 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 h OF THE WEST BULK REGULATIONS CITY OF DANIA BEACH,FLORIDA" ; COUNTY,FLORIDA.AND THE EAST%OF THE WEST 34� lot line homes and town homes: AND INCLUDING C-4)A REAR YARD AND SIDE YARDS' Ya OF THE EAST'h OF LOT 9,TN BLOCK 2,LESS THE a)Variance acres required) red) ze of 8.8 gross acres.(Mini SETBACK REQUIREMENT FOR BUILDINGS WHICH ARE; NORTH 35 FEET THEREOF, OF THE SUBDIVISION OF! mum 15 acres required) PROPOSED TO BE LOCATED ADJACENT TO A SINGLE. SECTION 32,TOWNSHIP 50 SOUTH, RANGE 42 EAST,J b)VariaUp tonce hallow town homes and zero lot line FAMILY ZONING DISTRICT OR ANY EXISTING SINGLE-i, I ACCORDING TO THE PLAT THEREOF, RECORDED IN homes stories) three stories in height.(Maximum height:, FAMILY HOME,SUCH SETBACK TO BE EQUAL TO THEid PLAT BOOK 2,PAGE 32,OF THE PUBLIC RECORDS OFf two stories) c)Generalized landscape variance from Chapter 26, HEIGHT OF THE PROPOSED BUILDING;PROVIDING FOR', DADE COUNTY,FLORIDA;SAID LANDS SITUATE,LYING' egetation,Article IV Landscaping. CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,; AND BEING IN BROWARD COUNTY,FLORIDA. SP-05-03: Site Plan Approval to allow a Planned PROVIDING FOR AN EFFECTIVE DATE. j A copy of the proposal is available for viewing in the Development consisting of up to 55 dwelling Copies of the proposed changes are available for Growth Management Department, 100 West Dania soryis(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 Exhibit boat slips. west Dania Beach Blvd., Dania Beach, Florida be-: ; of8:00a.m.and 4:00p.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-i with respect to the proposed petition. lying south of the canal,of Marshall's Everglades Sub- ing and be heard with•respect to the proposed peti-; In accordance with the Americans With Disabilities division in Section 29,Township 50 south,range 42 lion. Act,persons needing assistance to participate in any, g On accordance with the Americans With Disabilities r 1 of these proceedings should contact Charlene John- east, according to the plat thereof,recorded in Plat Act,persons needing assistance to participate in any f son, City Clerk, 100 W. Dania Beach Blvd, Dania Book 2,Florida;Subject t of the perpetual recordseasement for a ounty, of these proceedings should contact Charlene John- f Beach, FL 33004, (954)924-3622,at least 48 hours rida;Subject to a perpetual easement for a public son, City Clerk, 100 W. Dania Beach Blvd, Dania right-of-way for vehicular,animal and foot.traffic over Beach, FL Clerk, (954)W. Dani22,at least d, hours prior to meeting. across and upon the east 10 feet of the south 335 feet y 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 for a public right-of-way(or vehicular, Any person who decides to appeal any decision made considered at this meeting or hearing will need a animal and foottraffic over,upon and across the west by the City Commission with regard to any matter record of the proceedings and for such purpose may 10 feet of the 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- 1 record of the proceedings and for such purpose may ings is made, which record includes the testimony road right-of-way aver the south 21 feet of said east need to ensure that verbatim record of the proceed- Jand evidence upon which the appeal is to be based. half of said lot 8,said lands situate in Broward County, ings is made;which record includes the testimony Lou Ann Cunningham Florida, subject to conditions, restrictions, limita- tions,reservations and easements of record in anyand evidence upon which the appeal is to be based. Planning Technician Copies of the proposed petition are available for vie - Lou Ann Cunningham March 14,2003 in g in the Growth Management Department,100 West Planning Technician Dania Beach Blvda.m.,Dania Beach,Florida between the March 14,2003 'tere ted parhours of 8:0ities may appear and 4:00 t the public hearr nidag 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- son, City Clerk, tan W. Dania Beach Blvd, Dania i e3i=cnoN�o_ om�+^m�momi .-000�nm»N.=»mmvecoOmm°�OPS�mnm�r��.�?n�db3'<m�ms^QO Beach,prior to me and (954) 924-3630, at least 48 e', a m_.n `-�a ? mf-n m N m d°--�---• o x ,c Oc• ° m m =o hours prior to meeting.. ��°«ano:mm nd m Hmd°-�o-c ^ �0°» m=mn, 5'°�_-. ina,o'n y�nm-'.^."Wy_.N Any personwhOdecidestoappealrynydecisionmade i.00'n mo,mHom»mv�n°nommo. m°,°ynoo°,^x>>��`��nnDmmNc�nv� °oc��n - 3° o»owD by the Planning and Zoning Board or theCit ~c»' ��r�9Odfd=�n�» SOH° �0 �°no o^�N�" n' Q�N ooco �mc°°^w 3��m'ov Commission with regard to an matterconsideredat' a"mm�mm�ownm=^m^ op3om v��o da�omA=ma�1� »�°m; °o^��»„o� "Moul-° celedngstandoforsuch ulrlosedmafecordofthe ro- �� o�mD»3OMC-mmmya m�*� n�oo �70��o�n-.��.OD�° o� �y� Nn=3N�° aD°om' N..n m mN01_. d�°F.d°n=3 °qa nQF•m3�3n�o mm nm°°_� ,o..�m-N^oma gym° ^4a�"» ?° mcvDn{ that a verbatim record of the proceedings is made, m m m 3:m �>>s�m N• 3° r m. -' .» Sr m m'm o m which record includes the testimony and evidence: m»o_.< K.o• o o= cr < o o »w c sw d 3� 3�<�mm N_. `0000 K ONID F O-' m,. C Ono n �n O�,v. Own' Upon which the appeal is to based. =,<nm N m o m d w>»a c m n�'m00'A� m-'�� o n °i vv--�mm no m�c�..�x 3oo�ooZz Lou Ann Cunningham, O a •oo -_�m-m 00 an °°'° N ghamPlanhingTechnician �nQw'o�N ado= DO�AA'mm� nmNnN?�Ooo� m°w,M ca� y3 p -a March14,2003 °»,'^� o N cHD^ <n..w o m»mnonm °i o - ao �m N,-,omym °° 'm3 O 00Fm AO-^3�d OmNC �-wW00 7m<2pQ 9'�O� », mom' mE;- pp -w6az .-" �.»'tn3 S~ m '3 nc�v w7 GJmD woos ° ow mN OlnCd -.n ommog-3dn2: mNy PPN�7.m GO N�otyii^m dEl 15 OP_.on� -oo G� x. XND-m.'J _mfJ� .m TKO °N O - oC� m ^r)O .y v"mo and i.+momoo'3 CD ao� mfDye°�E no' M� =`r•. n.om oxo ° 3mc�i°moo° m.Q mmc�g^oaf odnm, 000 ��oQmmw ® NNn0n3�o.a,< on„n-.d_ mncQm��on-.»3°<. momm °N�om f?�-•r< nmm 35n.�o�do�v>mo yoi m��my � 3 oQ o-m`m � ��W - om- m _ O.m SC�Nlo n. NCD-di n�m�ONm,OiQ 7 d 00 n- w N°NOm X m-TNn Cm O �Nam d O (gyp»mD ol- _�H <mm�';m 3.<,+ m d.0moo5 moo j'-�•°3W �n=12 npOP- =mD0 mmOnn� mOW d='Omm3° �o�m'..�30�0��00< o"um, dmm�i.��m °3c�mo^'ommn NC° (1nmNN3 omn3.o3* nZ3 M3 Ra °??� �3��F °on '�°n.o�j m�<noond� a� 3'm3 °momaH. c < <m m yiv <m o. <m x, XR1 o.^-• no? -o =wv c d o.�c oow m