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HomeMy WebLinkAboutO-2004-009 IG District repeal and replacementv3LL revisedORDINANCE NO. 2004-009 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY REPEALING AND REPLACING ARTICLE 27 "INDUSTRIAL -GENERAL (IG) DISTRICT" TO CREATE A NEW INDUSTRIAL -GENERAL (IG) DISTRICT WITH REVISED PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES, AND REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 "Zoning," Article 27 "Industrial -General (IG) District" of the Code of Ordinances of the City of Dania Beach (the "City") regulates general industrial uses within the City; and WHEREAS, a replacement Article 27 has been prepared and recommended by the City's staff; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has determined that it is appropriate to repeal existing Article 27 and replace it with a new Article 27 based on the recommendation of its professional staff; and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida, Article 27. "Industrial -General (IG) District," is repealed and replaced with the following: CHAPTER 28. ZONING. ARTICLE 27. INDUSTRIAL -GENERAL (IG) DISTRICT 27.10 Purpose. The Industrial -General (IG) District is intended to accommodate light and medium - intensity industrial, research, assembly, fabrication, and repair uses within a completely enclosed building. Some manufacturing uses are permitted provided they meet location requirements necessary to protect residential areas. #91 1 ORDINANCE NO. 2004-009 0 27.20 Permitted Uses. No building, structure, land, water, or part thereof, shall be erected, altered, or used, nor shall the premises be used in whole or part for other than one (1) or more of the following specified uses: (a) Light industrial, processing, assembly, product development and testing, engineering development, maintenance repair, or fabrication, offices, within a completely enclosed building. (b) Assembly and repair of boats not over two hundred (200) feet in length when conducted within either a completely enclosed building or an interior yard that is located at least one hundred (100) feet from any property with a "Residential" Land Use Plan designation. Outdoor assembly and repair of boats shall not be located within a required street yard setback and shall not be located within one -hundred feet (100) feet of any limited access roadway as designated on the Broward County Trafficways Plan. (c) Manufacturing and painting of boats not over two hundred (200) feet in length when conducted within a completely enclosed building that is located at least two hundred and fifty (250) feet from any property with a "Residential" Land Use Plan designation. Manufacturing and painting of boats shall also not be located within one -hundred feet (100) feet of any limited access roadway as designated on the Broward County Trafficways Plan. (d) Light manufacturing uses, including machine shops, sheet metal shops, welding shops, or tool and die shops conducted within a completely enclosed building that is located at least two hundred and fifty (250) feet from any property with a "Residential" Land Use Plan designation. (e) Sales, leasing, display, or storage of fully -assembled new boats (including new boat trailers). (f) Marinas, including dry stack marinas. Restaurants permitted as an accessory use to a full service wet marina. (g) Convention and conference centers, graduate or post graduate educational facilities, trade, technical or vocational schools (h) Medical and dental laboratories. (i) Air conditioning, carpentry, woodworking, flooring, cabinet, furniture, plumbing, electrical, glass, marine, cloth or canvas, appliance repair shop, or related repair, 0 2 ORDINANCE NO. 2004-009 service or contractor shop when said use is conducted within a fully enclosed building. Motion picture production or recording studio, when conducted within a completely enclosed building. (k) Office-showroom-wa rehouse facilities, provided the architectural treatment of the building(s) resembles that of an office building, particularly in those portions of the building(s) facing any public rights -of -way or adjoining residential areas. This may include pedestrian scale architectural treatment, significant use of window and door glass, landscaping directly adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within interior areas between buildings, or within interior side yards. Showroom use shall be defined as the indoor display of materials, equipment, or products offered for sale primarily on a wholesale basis. Showroom uses may include the display of furniture and home furnishings, lighting, electrical, mechanical, and plumbing equipment, large appliances, carpeting, tile, cabinets, or marine equipment. For the purposes of this article, parking for showroom use shall be provided at a rate of one space per each four hundred (400) square feet of gross showroom floor area. (1) City of Dania Beach governmental, administrative, community, service, or office facilities, including city water treatment facilities. 27.30 Special exception uses. The following special exception uses may be permitted subject to special exception approval by the planning and zoning board and the city commission as per section 10.12 of the zoning code, and subject further to the following conditions: (a) Truck terminal, when located at least 1,500 feet from any property with a "Residential" Land Use Plan designation. (b) Electrical generating facilities, power plants, and related facilities, when located at least 1,500 feet from any property with a "Residential" Land Use Plan designation. (c) Electrical substations, when located at least 500 feet from any property with a "Residential" Land Use Plan designation. (d) Commercial recreation uses, when conducted within a completely enclosed building. 0 3 ORDINANCE NO. 2004-009 Ell, (e) Self -Storage or warehouse facilities, provided the architectural treatment of the building(s) resembles that of an office building, particularly in those portions of the building(s) facing any public rights -of -way or adjoining residential areas. This may include pedestrian scale architectural treatment, significant use of window and door glass, landscaping directly adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within interior areas between buildings, or within interior side yards. 27.40 Prohibited Uses. The permitted uses enumerated above shall not be construed to include any of the following prohibited uses, which are indicated for emphasis and clarification: (a) Sales, leasing, rental, service, display, storage, repair or parking (including fleet parking and "pay" parking lots) of any of the following: automobile, aircraft, bus, truck, motorcycle, tractor trailer, recreational vehicle, construction equipment or mobile home. (b) Foundry. (c) Drop forging. (d) Manufacture of powder blends, potting compounds, plastisol, water -based or epoxy -based coatings, adhesives, sealants, and paints. (e) Manufacture of varnish or paint. (f) Oil compounding or barreling. (g) Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products derived from them. Manufacture of acids, carbon, disinfectants, poisons, insecticides, and batteries. (h) Pistol or rifle range. Lumber or planning mill. 0) Meat processing, slaughtering. (k) Fish smoking, curing and canning. 1] 4 ORDINANCE NO. 2004-009 (1) Sale, manufacturing, or storage of explosives or fireworks. (m) Production, refining or bulk storage of gas, oil, or fuel. (n) Solid waste transfer, processing, recycling, or disposal facilities. (o) Penal, correctional, detention, re-entry, or rehabilitation facilities involving adults, adolescents, or children. (p) Gaming ships. (q) Any outdoor storage of materials (raw or finished), supplies, machinery, equipment, components or parts, including outdoor storage of mechanical, electrical, plumbing, telecommunication, or construction equipment and vehicles and materials, except as specifically permitted and regulated by this article. (r) Commercial or retail uses except as specifically permitted and regulated by this article. (s) Transitional, temporary, indigent, or emergency housing. (t) Any residential use, except that one residential unit may be provided as a caretaker's or property manager's living unit accessory to a permitted or special exception use. (u) Gaming establishments. (v) Outdoor Commercial Recreation. 27.50 Required conditions. (a) Unless otherwise specifically provided for in the IG zoning district: (1) All activities, including sale, display, preparation, and storage shall be conducted within a completely enclosed building. (2) Outdoor storage of any raw or finished materials, supplies, machinery, equipment, components or parts shall be prohibited. (3) Distribution permitted as an accessory use clearly incidental to the primary light industrial use. (b) Loading and unloading areas shall be permitted in a rear yard or side yard. Loading areas may be permitted in a front yard if the size and configuration of the 0 5 ORDINANCE NO. 2004-009 parcel makes rear yard or side yard loading impractical and said front yard loading arrangement is expressly approved by the city commission. (c) Access to the load ing/unloading areas shall be designed in such a manner as to allow trucks to enter and leave the site without having to back from or onto a public street. If the size or configuration of a parcel makes it impractical to enter or leave the site without having to back from or onto a public street, the city commission may approve backing from or onto a public street. 27.60. Area requirements. (a) Height. No building or structure shall exceed 35 feet. (c) Minimum lot size: 20,000 square feet. (d) Minimum lot width: 100feet. (e) Minimum lot depth: 150 feet. (f) Yards (1) The required yard abutting any street or public thoroughfare shall be a minimum of thirty-five (35) feet. The perimeter landscape buffer shall be provided as per Chapter 26 of the City Code (Vegetation) and shall not contain parking. Provided, however, the city commission may reduce the minimum street yard setback requirement if the size, width, depth, configuration, or location of a parcel makes it impractical to provide the required setback. (2) The required yard abutting property with a "Residential" Land Use Plan designation (or located across the street from property with a "Residential" Land Use Plan designation) shall be a minimum of seventy-five (75) feet. (3) The required interior side or rear yard, when not abutting property with a "Residential" Land Use Plan designation, or when separated by a waterway from property with a "Residential" Land Use Plan designation, shall be a minimum of twenty-five (25) feet. (4) Landscaping abutting any property with a "Residential" Land Use Plan designation shall include, but not be limited to, a six (6) to eight (8) foot masonry wall constructed adjacent to the residential property line pursuant to the requirements of the Zoning Code and Chapter 26 of the City Code (Vegetation), and shall not contain parking. 27.70. Approval of site development plan. 0 6 ORDINANCE NO. 2004-009 (a) No building or structure or part thereof, in excess five hundred (500) square feet shall be erected or used, nor land or water used, nor shall any building permit be issued therefor, unless a site development plan for such building, structure or use has been reviewed by the planning and zoning advisory board and approved by the city commission. (b) Any such building, structure or use shall be erected, installed and maintained in full conformity with the provisions of the zoning ordinance and with a site development plan reviewed by the planning and zoning advisory board and approved by the city commission. (c) In reviewing and approving such site development plan, the planning and zoning advisory board and city commission shall consider the location, size, height, spacing, appearance, character and utilization of any building, structure or use and their appurtenances; access and circulation for vehicles and pedestrians, streets; parking areas; yards; open spaces and relationship to adjacent property. The planning and zoning advisory board may recommend and the city commission may attach to its approval of the site development plan any reasonable conditions as are necessary to further the purpose of this article. (d) A site development plan for the purposes of this section shall include, but not necessarily be limited to, the following plans, designs, specifications and information: (1) Preliminary paving, grading, and drainage plan with grades or contours. (2) Elevations, floor plans and uses of all buildings and structures. (3) Location and character of all facilities for waste disposal. (4) All curb cuts, driveways, parking areas and loading areas. (5) All walks, yards and open spaces. (6) Location, size, character, height and orientation of lighting. (7) Location, height and general character of walls and fences. (8) Landscape plan. Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 4. 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. 0 7 ORDINANCE NO. 2004-009 0 E 9 Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on March 9, 2004. PASSED AND ADOPTED on second reading on March 23, 2004. ATTEST: MIRIAM NASSER ACTING CITY CLERK C7.K.MCELYW MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: 9w THOMA/S J.—ANSBRO CITY ATTORNEY 8 ORDINANCE NO. 2004-009 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. _?4 40 1. DATE OF COMMISSION MEETING: MARCH23,2004 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — INDUSTRIAL -GENERAL (IG) DISTRICT (1 ST READING) 3. COMMISSION ACTION BEING REQUESTED: PUBLIC HEARING - ADOPT ORDINANCE — 2 ND PUBLIC READING M 4. SUMMARY EXPLANATION & BACKGROUND: PROPOSED TEXT AMENDMENT — THE INDUSTRIAL -GENERAL (IG) DISTRICT IS INTENDED TO ACCOMMODATE LIGHT AND MEDIUM INDUSTRIAL, RESEARCH, ASSEMBLY, FABRICATION, AND REPAIR USES WITHIN A COMPLETELY ENCLOSED BUILDING. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Public Hearing Notice 0 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board reviewed this request at their February 18, 2004 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager Date March 15, 2004 Date 0 DATE: TO: FROM: SUBJECT: APPLICANT: 0 CITY OF DANIA BEACH *EPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM March 23, 2004 Ivan Pato, City Manager Laurence Leeds, AICP, Director e-1, Text amendments to C, IG, and IRO Districts Parking Code Amendments (SECOND READING) Community Development Department An ordinance amending the permitted and special exception uses in the city's C-1, C-2, C-3, and C-4 zoning districts. Staff Recommendation: Approval. The Dania Beach "C" Districts were first adopted in 1976. Since 1976, the City has tripled in land area to nearly 5,000 acres, with over 800 acres of commercially zoned land. The attached zoning changes are necessary to bring the commercial zoning districts into compliance with the Comprehensive Plan and encourage proper redevelopment of the CRA. Community Redevelopment Area: Changes to "C" Districts include prohibiting certain uses not supportive of a Community Redevelopment District. Prohibited uses in the CRA include service stations, thrift shops, pawn shops, nursing homes, convalescent homes, funeral homes, and mortuaries. Legally established existing businesses would be regulated as non -conforming uses. C-2 Commercial: Assembly, repair, and fabrication of pre -manufactured home furnishings (art objects, clothing, leather goods and jewelry) has been added as a permitted use subject to size and scale restrictions (maximum 1,000 square feet). Outdoor restaurant seating (currently allowed by City Commission waiver) would require special exception approval, a three month process. C-4 Commercial: Outdoor storage of new materials and equipment has been added as a special exception use subject to conditions, including the following: a) Outdoor storage area shall not exceed 20% of the site area. b) Outdoor storage area shall be setback 500 feet from any property zoned for residential use. c) Outdoor storage area shall be screened on all sides by a minimum six foot high wall or building. Currently, C-4 allows outdoor vehicle/boat storage as a special exception. C, IR, IG, Special Event, P and Z Memo An ordinance repealing and replacing the IG Industrial -General zoning district with a new IG industrial -general zoning district. Staff Recommendation: Approval. There is a limited amount of IG Industrial property remaining in the city, most of it located along the Dania Cut -Off Canal, next to 1-95, and abutting existing residential areas. The current IG zoning regulations (nearly 30 years old) are inadequate to assure proper development of these parcels, provide protection for adjacent residential areas, and support quality tax -base intensive development. Proposed changes include the following: (1) "Outdoor Recreation Uses" and "Waste Collection and Treatment" are no longer allowed. (2) Power plants, waste -water facilities, and transportation terminals are now classified as special exception uses subject to a 1,500 foot residential setback requirement. (3) Boat repair and boat manufacturing are permitted subject to residential spacing requirements and operational use restrictions. An ordinance amending the IRO Industrial-Research-Offlice zoning district. 0. Staff Recommendation: Approval. Housekeeping changes. El An ordinance amending Parking Requirements relating to Restaurants. Staff Recommendation: Approval. In August 2001 the City Commission, at the request of Main Street, amended the parking code to waive parking requirements for restaurants locating in existing retail buildings downtown. The Commission included a sunset provision (August 2004) in the event the ordinance did not attract new restaurants or created parking problems. Since the ordinance was adopted over two years ago, only one new restaurant has opened downtown. An established restaurant expanded, worsening an existing parking problem. For these reasons, staff is recommending the parking code be amended to remove the downtown restaurant parking waiver language ahead of schedule. The restaurant parking wavier confers a benefit to restaurants not provided to other high occupancy uses. The City Attorney recommends any potential discrepancy between restaurants and other high -occupancy uses be removed from the code. Deleting the downtown restaurant parking waiver would accomplish this objective. 2 of 2 0 0 0 r W, oll NOTICE OF CHANGE OF ZONING REGULATIONS PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN font a public hearing will be hold before the City Commission, on Tuesday, March 23, 2004 at 7-00, p,.FR.,, or as soon thereafteir as possible, In the City Commission Room, Administrative Center, 106 West Dania Beacti Biv&,' Dania Beach, Florida 33004, for the purpose of adopdrw to following ordinarim on second readllrlw� Text IR, IR - 0, 10 arid 6 Districts, and to the City Parking Regulations - a. AN ORDINANCE AME146IN'd CHAPTER 28"ZONING"OF THE CODE OF ORDINANCES OF THE CITY, OF DANIA BEACH, FLORIDA,'BY AMENDING ARTICLE IV, -DISTRICT . .WL�.APPUdAo' - TO REVISE THE REGULATIONS,- SEGnON'4 N OF. REGULATIONS, "SCHEDULE OF USE-tREGUILATIONST., FDR:THE:C-2, C-3, 0-4 AND IR DISTRICTS; AMENDING ARTICLE: 2.: "DEFINIT110148,"SECTION 2.10. "DEFINITIONS" TO REDEFINE "ESSENTIAL SERVICES"; PROVIDING FOR'CONFLICTS; PROVIDING FOR SEVERABILrM FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b. AN OADINANCEAMENDING'61417TER WZONING" OF THE CODE OF 0 1 RDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY'REPEALING AND REPLACING ARTICLE 27 INDUSTRIAL -GENERAL (IG) Dimicr TO,CREATE A NEW INDUSTRIAL -GENERAL (IG) DISTRICT WITH REVISEDPERMITTED, PROHIBITED AND SPECIAL EXCEPTION: USES, AND� REQUIRED CONDITIONS AND AREK REQUIREMENTS; PROVIDING FOR CONFLICM-, PROVIDING� FOR SEVERABILIW, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. c. AN ORDINANCE AMENDING CHAPTER R8 'ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 16 -INDUSTRIAL- RESEARCH-OFFICE PRO) DISTRICT! TO REVISE PERMITTED AND SPECIAL EXCEPTION USES AND HEIGHT RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY,1 PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVEDATE. d. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28, "ZONING", Or THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS,- SECTION 6.21 -OFF-STREET PARKING' TO REVISE THE PARKING STANDARDS APPLICABLE M USES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Them onfinances affect properties thnoughout the entire City. Copies of ordinances are available for viewing in the Community Development Departmoit 100 Wed Dania Blvd., :=, Florida between the hours of 8:00 a.m. and 4-00 p.m., Monday - FrIft Interested parties may appear at the public hearing and be heard with respect to the proposed zoning changes. In accordance with the Amerkm With Disabilffla Act, persons needing assistance to parlid in any of these M=sho,: contact Mirlam Masser, Acting CRY Clerk, 100 W. Dania Beach BK Dania =r"FL 33004,,ard (9rA) hotn prior to meetins Any perw who decides to appeal any dsclskm made by the Local planning Agency, the Planning and Zoning AAIVISM Board or the Commission with regard to any matter consklered at this meeting or having will need a record of the =zor mich purpose may need to ensure that a verbatim record of the proceedings Is made, which record Ws*nony and evidence upon which the appeal is to based.