The URL can be used to link to this page

Home My WebLink AboutO-2004-004 Dania large retail regs -finalORDINANCE NO. 2004-004 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 2 "DEFINITIONS" OF THE CITY CODE OF ORDINANCES TO DEFINE LARGE RETAIL ESTABLISHMENTS; AND AMENDING ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.60 "MISCELLANEOUS USES" OF THE CITY CODE OF ORDINANCES, TO PROVIDE NEW DESIGN AND SITE DEVELOPMENT REGULATIONS FOR SUCH ESTABLISHMENTS IF LOCATED WITHIN THE NEW LOCAL ACTIVITY CENTER (LAC) LAND USE DESIGNATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach has drafted and is in the process of adopting a new land use designation in its adopted comprehensive plan known as the "Local Activity Center" ("LAC"), and is in the process of applying this designation to the location which is legally described in Exhibit "A;" and WHEREAS, the City Commission desires to provide for supplementary design and site development regulations in its zoning regulations for certain large retail establishments permitted within the new LAC land use designation, in order to encourage quality development that enhances the City's economic base, break up the mass of such establishments, produce a desirable relationship between buildings and pedestrian and vehicular circulation systems, and between such development and adjacent land uses, and ensure that such establishments will be consistent with the intent and purpose of the LAC designation; and WHEREAS, the adoption of these standards will protect residential areas and neighborhoods from some of the negative impacts of retail development, encourage excellence in urban design and improve the overall appearance of the City, improve pedestrian and vehicular circulation, and buffer dissimilar uses; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance at a duly noticed hearing, and recommended its approval to the City Commission; and WHEREAS, the City Commission finds that this Ordinance is consistent with the comprehensive plan, and is necessary for the preservation of the public health, safety and welfare of the City's residents. 1 ORDINANCE NO. 2004-004 0 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Definition of Large Retail Establishment. That Chapter 28 "Zoning," Article 2. "Definitions," Section 2.10 "Definitions" is hereby amended to add the following definition: ARTICLE 2. DEFINITIONS. Section 2.10. Definitions. Q 1. 1) Large Retail Establishment. A retail establishment or any combination of retail establishments in a single building or in separate but abutting buildings, or a movie theater occupying more than seventy-five thousand (75,000) gross square feet of floor area. If more than 60 % of the floor area of any retail establishment building is occUied by residential dwellings, then the building shall not be considered part of a large retail establishment. Section 3. Creation of Large Retail Establishment Regulations. That Chapter 28 "Zoning," Article 6 "Supplementary Use Regulations," Section 6.60 "Miscellaneous Uses" of the City Code of Ordinances is hereby amended to create Subsection 6.65 "Large Retail Establishments" as follows: ARTICLE 6. SUPPLEMENTARY USE REGULATIONS. Sec. 6.60. Miscellaneous Uses. 6.65 LARGE RETAIL ESTABLISHMENTS. (a) Purpose. These standards are intended to ensure that large retail building development is compatible with its surrounding area and contributes to the unique community character of the Local Activj�y Center land use designation for the City of Dania Beach. 2 ORDINANCE NO. 2004-004 Added text is shown as underlined. Deleted text is shown as stfiketh+E)Ugh-. Omitted text, which is not being amended by this ordinance, is indicated by " *.�l b) SUDDlemental ReL-ulations of Laroe Retail Establishments Located Within LAC. Large retail establishments shall only be permitted within the Local Activity Center land use designation following the issuance of a special exception permit, pursuant to Section 10. 12 of this Article, and in compliance with the following requirements: 1. Facades. Every fagade of a large retail establishment fronting on a public street shall incorporate the following: Glass windows and doors shall make Lip at least 35% of the building elevation facing each public street. Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections and recesses. Ground floor facades shall incoLporate entry areas, display windows, awnings, or other features of interest to break Lip the mass of the structure. These requirements shall be in addition to �Lny qpplicable requirements of Section 6.64 of this Article. 2. S 2acing. Large retail establishments shall be located at least two hundred fifty (250) feet from a residential zoning district, measured property line to property line, and shall not abut a public street other than one classified as a trafficway as indicated on the Broward County Trafficways Plan. 3. Parking, No more than ten percent (10%) of the required onsite parking spaces for a large retail establishment or fifty (50) spaces, whichever is less, shall be located in that portion of a yard between the establishment and any public stree . 4. LoadinklUnloading zone. No loading or unloading areas shall be visible from a residential zoning district or public street. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. 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 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on December 8, 2003. 3 ORDINANCE NO. 2004-004 Added text is shown as underlined. Deleted text is shown as str-ikethfaugh-. Omitted text, which is not being amended by this ordinance, is indicated by "* *.15 is 0 0 PASSED AND ADOPTED on second reading on January 13, 2004. A TTES z T: CHARLENEJO"ON CITY CLERK WNJ kyj I kyj I EQN-1 Lei kk' I a ROLL CALL: COMMISSIONER CHUNN — YES COMMISSIONER FLURY - YES COMMISSIONER MIKES - YES VICE -MAYOR MCELYEA - YES MAYOR ANTON- YES APPROVED AS TO FO" AND CORRECTNESS: I BY:— TH6MA)S j.ANS'BAO CITY AITORNEY 4 ORDINANCE NO. 2004-004 Added text is shown as underlined. Deleted text is shown as str4kethfougl". Omitted text, which is not being amended by this ordinance, is indicated by "* *.q� AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM N07 7?01 Id /I 1. DATE OF COMMISSION MEETING: JANUARY 13,2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — LARGE RETAIL ESTABLISHMENT DESIGN CRITERIA: LOCAL ACTIVITY CENTER (2 No READING) 3. COMMISSION ACTION BEING REQUESTED: PUBLIC HEARING - ADOPT ORDINANCE — 2 NO READING Z 4. SUMMARY EXPLANATION & BACKGROUND: PROPOSED TEXT AMENDMENT ESTABLISHES SUPPLEMENTARY DESIGN AND SITE DEVELOPMENT REGULATIONS FOR LARGE RETAIL ESTABLISHMENTS. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Public Hearing Notice 40 6. FOR PURCHASING REQUESTS ONLY: DEPT: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: AMOUNT: Planning and Zoning Advisory Board reviewed this request at their November 19, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager 0 Date December 22, 2003 Date is CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: January 13, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director SUBJECT: Large Retail Establishment Design Criteria: (SECOND READING PUBLIC HEARING) APPLICANT: Community Development Department The attached code amendment establishes supplementary design and site development regulations for large retail establishments permitted within the Local Activity Center (LAC) land use designation. These regulations are intended to encourage quality development that enhances the City's economic base. They are also intended to ensure that such establishments are consistent with the intent and purpose of the LAC designation and the adopted CRA Plan. I These specific amendments do not apply to a building occupied by mixed use retail/ residential when the residential dwellings occupy at least 60% of the total building floor area. Mixed -use buildings in the Local Activity Center will continue to be regulated by Principal Arterial Design Standards when located adjacent to Dania Beach Boulevard or U.S. 1. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. CITY COMMISSION PREVIOUS ACTION On December 9, 2003 the City Commission approved on first reading the proposed text amendment. Large Retail Establishment-2 reading.doc �N"FERA�D.CCM BRO FRIDAY, DECEMBER 26,2003 1 58 10070CE OF CHANGE OF ZONING REGULATIONS PUBLOC HEARING CITY OF DAPHA 13EACH NOTICE IS HEREBY GIVEN that a public hearing will be held Room, Administrative Center, 100 West Dania Beach Blvd., Dania before the City Commission, on Tuesday, January 13, 2004 at 7:00 Beach, Florida 33004, for the purpose of adopting the following p.m., or as soon thereafter as. possible, in the City Commission ordinance: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 2 "DEFINITIONS" OF THE CITY CODE OF ORDINANCES TO DEFINE LARGE RETAIL ESTABLISHMENTS; AND AMENDING ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS,- SECTION 6.60 -MISCELLANEOUS USES- OF THE CITY CODE OF ORDINANCES, TO PROVIDE NEW DESIGN AND SITE DEVELOPMENT REGULATIONS FOR SUCH ESTABLISHMENTS IF LOCATED WITHIN THE NEW LOCAL ACTIVITY CENTER (LAC) LAND USE DESIGNATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN A, SR L Z i A C)LDGRIFFIN,R q: 0 0 a 0 ANI -Tj M N PROPOSED CHANGE IN ZONING REGULATIONS EFFECTIVE DATE. (2nd & Final Reading) contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania The above ordinance affects the area indicated in the above map. Beach, FL 33004, and (954) 924-3622 at least 48 hours prior to meeting. Copies of the proposed ordinance are available for viewing in the Any person who decides to appeal any decision made by the Local Community Development Department, 100 West Dania Beach Blvd., Planning Agency or the City Commission with regard to any matter Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., considered at this meeting or hearing will need a record of the Monday - Friday. Interested parties may appear at the public hearing proceedings and for such purpose may need to ensure that a verbatim and be heard with respect to the proposed land use plan change. record of the proceedip s, is made, which record includes the testimony In accordance with the Americans With Disabilities Act, persons and evidence upon whiA` the appeal is to based. needing assistance to participate in any of these proceedings should Lou Ann Cunningham, Planning Associate Publish: Friday, December 26, 2003 0