HomeMy WebLinkAboutO-2004-010 Amending Art 16 IRO LLE
ORDINANCE NO. 2004-010
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE
OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY
AMENDING ARTICLE 16 "INDUSTRIAL -RESEARCH -OFFICE (IRO)
DISTRICT" TO REVISE PERMITTED AND SPECIAL EXCEPTION USES
AND HEIGHT RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28 "Zoning," Article 16 "Industrial -Research -Office (IRO)
District" of the Code of Ordinances of the City of Dania Beach (the "City") regulates
industrial, research and office uses within the City; and
WHEREAS, amendments to Article 16 have 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 amend
Article 16 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 16 "Industrial -Research -Office (IRO) District," is amended as
follows':
CHAPTER 28. ZONING.
ARTICLE 16. INDUSTRIAL -RESEARCH -OFFICE (IRO) DISTRICT
16.10. Purpose.
The district is designed for office, light industrial and research uses which are conducted within a
completely enclosed building and have limited impact outside of the building. The district is also
Additional provisions are underlined; deleted provisions are struek thFOtlgh.
1 ORDINANCE NO. 2004-010
designed to permit limited commercial uses as special exception uses subject to section 10. 12 of
the zoning code and the applicable provisions of this article.
16.20. 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 or more of the following specified uses:
(a) Research uses, including product development and testing-,L_, engineering development,
and marketing development;7, provided that no use shall cause or result in dissemination
of dust, smoke, corrosion, fumes, odor, noise, vibration, glare or visual hazard beyond the
building within which the use is conducted; nor menace by reason of fire, explosion,
radiation, discharge of waste materials or other environmental hazards.
(b) Light industrial uses, including manufacturing, fabrication, processing, assembly, and
testing of products, provided that no use shall cause or result in dissemination of dust,
smoke, corrosion, fumes, odor, noise, vibration, glare or visual hazard beyond the
building within which the use is conducted; nor menace by reason of fire, explosion,
radiation, discharge of waste materials or other envirom-nental hazards.
(c) Data processing and computer center, including service and maintenance of electronic
data processing equipment.
0 (d) Office uses.
(e) Retail uses accessory to an office and industfial building.
(f) Warehousing and stefage facilities, excluding self storage warehouses, not to exceed
fifty (50) percent of the pr-ejeet site whieh do not previde goods or- ser-viees to the Pu
gross floor area of a light industrial or office building.
(g) City of Dania Beach governmental administrative, service, or maintenance facilities,
including City water treatment facilities.
(h) 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 4ppliances,
carpeting, tile, cabinets, or marine equipment. For the puT12oses 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.
16.30. Prohibited uses.
The permitted enumerated uses in section 16.20 above shall not be construed to include any of
the following, which are indicated for emphasis and clarification:
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(a) Bulk sales, storage or display of lumber or building materials and supplies.
(b) Truck, trailer, motorcycle, tractor, boat, recreational vehicle, and mobile home sales,
leasing, service, display, storage, and repair uses. Provided however, auto rental, leasing,
storage, service, and limited repair facilities shall be regulated as per section 16.40,
special exception uses, of this article.
(c) Drive in, carry out, or fast food restaurants.
(d) Churches, synagogues, other houses of worship.
(e) Foundry.
(f) Drop forging.
(g) Stamping, dieing, shearing, or punching of metal exceeding one -eighth (1/8) inch in
thickness.
(h) Manufacture of powder blends, potting compounds, plastisol, water -based and/or epoxy -
based coatings, adhesives, sealants, and paints.
(i)
Manufacture of varnish or paint.
0)
Oil compounding or barreling.
(k)
Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products thereof3�
acids-- -Carbon--- disinfectants--- poisons-.- insecticides -.--and batteries.
(1)
Use of automatic screw machines.
(in)
Millwork, lumber, and planning mill.
(n)
Die casting.
(o)
Meat processing, slaughtering.
(p)
Fish smoking, curing and canning.
(q)
Manufacturing and/or storage of explosives.
(r)
Production, refining or storage of gas, oil, or fuel.
(s)
Solid waste transfer and disposal facilities.
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(t) Boat building facilities.
16.40. 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) Conditions.
(1) Vehicular traffic generated by the proposed use will not have an adverse effect
upon, or be detrimental to, the surrounding land uses or the local and regional
transportation network.
(2) The proposed use will not interfere with the orderly and appropriate development
of the area.
(3) The proposed use is not incompatible with already existing uses in the area.
(4) Additional conditions regarding the location, site, design, and operation of the
proposed use as is necessary to further the purpose of this article.
(b) Uses.
(1) Truck terminal and distribution center, when located at least one thousand five
hundred (1,500) feet from any property with a "residential" land use plan
designation.
(2) Electrical power plants and substati , when located at least one thousand five
hundred (1,500) feet from any property with a "residential" land use plan
designation.
(3) Water- Wastewater treatment facilities, when located at least one thousand
five hundred (1,500) feet from any property with a "residential" land use plan
designation.
(4) Electrical substations, when located at least five hundred (500) feet from any
property with a "residential" land use plan designation.
(4) (5) The following commercial uses: that are deteftnined to be employment eente
uses, or- pr-evided the eembined land area for- these uses does not exeeed twenty
(2-0) per-eepA of the industfial !a-nd in a f4exibility zone on t4e eou-PAy !a-nd use p
map.
a. Hotels and motels of not less than one hundred (100) rooms.
4 ORDINANCE NO. 2004-010
b, Assembly halls, convention centers, display facilities and theaters.
0. Gaf leasing, storage, service, and lifnited repair- f4eilifies subjeet to
following eonditions in addition to speeial exeeption appr-
i . Main4enanee, repair- and washing aetivities shall be eonduet
within an enelosed building-.
2. Maintena-mee, repair-, washing and r-efueling f4eilities shall pr-ovid
fifty foot ya-Fd adjaeent to any street of publie ther-oughfafe.
d7c. Restaurant and lounge facilities.
e. d. Live entertainment use.
(5) (6) lndoor�eutdoer- eemmer-eial r-eer-eati . Commercial recreation uses, when
conducted within a completely enclosed buildiM
(6)(7) Gomn+anieation towers not to e)ieeed one h-tmd-r-ed (100) feet in height.
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 adjo ning
residential areas. This mqy include pedestrian scale architectural
treatment, significant use of window and door glass, landscqping directly
adjacent to a building, and overhead doors and loading activities to be
located to the rear of buildings, within interior areas between buildings, o
within interior side yards.
16.50. Required conditions.
(a) All activities, including sale, display, preparation, and storage, shall be conducted within
a completely enclosed building.
(b) Loading and unloading areas shall be permitted in a rear yard or in interior side yard[s].
(c) Access to the loading/unloading areas shall be designed in such a manner as to allow
trucks to enter and leave the area without having to back from or onto a public street.
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(d) (4) All uses shall receive site plan review and approval by the planning and zoning board and
city commission prior to issuance of a building permit.
16.60. Area requirements.
(a) Height. No building of stfiietur-e, or paft thereof-, shall exeeed a heigIA pr-eser-ibed by the
Fedefal Aviation Administration, provided however-, No building shall exceed sixty-two
(62) feet or five (5) stories in height. Permitted exceptions or variances to this subsection
16.60 must be approved by a four -fifths (4/5) vote of the membership of the Dania Beach
City Commission.
(b) Lot area. Each lot shall have an area of not less than two (2) acres and a width of not less
than two hundred (200) feet.
(c) Percentage of lot coverage. No more than sixty (60) percent of total lot area shall be
covered by buildings or structures.
(d) Yards.
(1) The required yard abutting any street or public thoroughfare shall be a minimum
of fifty (50) feet. The first ten (10) feet adjacent to any street or public
thoroughfare line shall be landscaped and shall not contain parking.
(2) The required yard abutting any residential district shall be a minimum of seventy-
five (75) feet or one times the building height, whichever is greater. The first ten
(10) feet adjacent to any residential district shall be landscaped and shall not
contain parking.
(3) The required interior side or rear yard, when not abutting a residential district, or
when separated by a waterway from a residential district, shall be a minimum of
twenty-five (25) feet or one-half (1/2) times the building height, whichever is
greater. The first five (5) feet adjacent to any lot line shall be landscaped and shall
not contain parking.
(4) Landscaping adjacent to any residential zoning district shall include, but not be
limited to, a fninimum six (6) to eight (8) feet foot C.B.S. wall constructed
adjacent to the residential property line.
16.70. Approval of site development plan.
(a) No building or structure, or part thereof, shall be erected, or used3� nor land or water
used3Lnor shall any building permit be issued therefor, unless a site development plan for
such building, structure or use shall have been approved by the planning and zoning
board and the city commission.
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(b) Any such building, structure or use shall be erected, installed and maintained in full
conformity with the provisions of the zoning ordinanee code and with a site development
plan approved by the planning and zoning board and the city commission.
(c) In approving such site development plan, the planning and zoning 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 board and city commission
may attach to its approval of the site development plan any reasonable conditions as is
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) Site 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 area.
(5) All walks, yards and open spaces.
(6) Location, size, character, height and orientation of signs and lighting.
(7) Location, height and general character of walls and fences.
(8) Landscape plan.
(e) Modification of site development plan. Any change in buildings or structures, land or
water7� of M institution of new special exception uses-- of 4 alteration of or addition
la ny
to buildings or structuresL_or M erection of new buildings or structures shall be in
accordance with an amended site development plan approved as per the requirements of
this section.
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.
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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.
Section 5. That the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section," "Article" or other appropriate word.
Section 6. 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
I I I I lI F: I I
VA
WAV, WE
MISSIONER
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
VICE MAYOR MIKES - YES
MAYOR MC ELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: . X- a
THOM,,�,S JVA�;§BkO
CITY ATTORNEY
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E
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
March 23, 2004
Ivan Pato, City Manager
Laurence Leeds, AICP, Director 4e,"" 41,__ze,�
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
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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 -Office zoning
district.
Staff Recommendation: Apl)roval. Housekeeping changes.
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 restauran * ts 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.
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NOTICE OF CHANGE OF ZONING REGULATIONS
PUBLIC HEARING.
CITY OF DANIA BEACH
NOTICE IS HEREBY,GlVtN . that a public hearing will be held before the City Commission, on
Tuesday, March 23, 2004 at 7-00 I�rrf, or as soon thereaft - possible, In the City Commission
[or as
Room, Administrative Center, 100 Weit Dania Beach . 86li, Dania Beach, Florida &W4, for the
purpose of adoptft to fo"" "dinarices on seconcl readIM
Twit amendments to IR, 1116, 10 jW d Districts. xW to the City Parkft Regulirliom -
a. AN ORDINANCE AMENDING CHAPTER 2VZONING"OF THE CODE OF ORDINANCES OF
THE CITY OF' DANIA BEACH; FLORIDA� 'BY AMENDING ARTICLE IV, "DISTRICT.
REGULATIONS,-. SECTION �420 "APPLICATION OF. REGULATIONS," TO REVISE THE
"SCHEDULE OF usEAEWLATiow�'FORJHE C-2, C-3, C-4 AND IR DISTRICTS;
AMENDING AFrnCLE�2;,,,ODEFINMONS,".SECTION-2.10. "DEFINITIONS" M. REDEFINE
"ESSENTIAL SERVICW; PROVIDING FORCONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
b. AN OADINANCE AMENDING , CHAPTER 28 , �'ZONING' OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH,'FLORIDA, BY REPEALING AND REPLACING ARTICLE 27
-INDUSTRIAL-GENERAL OG) DISTRICr TOCREATE A NEW INDUSTRtAL-GENERAL (IG)
DISTRICT WITH REVISED.PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES,
ANM REQUIRED CONDITIONS AND' AREK REQUIREMENTS; PROVIDING FOR
CONFLICM1. PROVIDING- FOR SEVERABILIW, FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
c. AN ORDINANCE AMENDING CHAPTER 4 "ZONING" OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA. BEACH, FLORIDA,. BY AMENDING ARTICLE 16 "INDUSTRIAL -
RESEARCH -OFFICE URO) DISTRICT" TO REVISE PERMITTED AND SPECIAL EXCEPTION
USES AND HEIGHT RESTRICTIONS, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY1, PROVIDING FOR CODIFICATION; FURTHER PROVIDING FOR AN
EFFECTIVE DATE.
d. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28,
"ZONING*, OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE VI.
SUPPLEMENTARY USE REGULATIONS,- SECTION 6.21 'OFF-STREET PARKING- TO
REVISE THE PARKING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA
BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Then ordfruinces affect Woperties throWhout the entire city. Coples of ordinances are available for viewing in
the Community Development Deparimmik 100 West Dania Beach Bh* =, Florida between the hours of 8,00 a.m.
and 4-00 p.m., Monday - Frlda* Interested parties nmy appear at to public hearing and be heard with respect to the
proposed zonIng chmVes.
In accordance with the Americans With Disabilities Act persons —ft"a"stance to participate' In any of these
proceeftp should contact Wrism Nassec, Acting City Clerk, 100 W. Dania OKA Dania Beack FL 33004,,and (954)
1124-3M at least 4a hours prior to meeting.
Any person who deddes to appeal any decision made by the local Plannini; Agency, the = and Zorft Adviscry
Board or theZ Commission with regard to any matter considered at this mestirg or hearlivii need a record of the
for such purpose may need to ensure the a verbatim record of the proceedings Is mads, which record
=testlmony and evidence upon which the appeal Is to based.
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH23,2004
2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT— INDUSTRIAL -RESEARCH -OFFICE
(IRO) DISTRICT
3. COMMISSION ACTION BEING REQUESTED: PUBLIC HEARING - ADOPT ORDINANCE — 2 ND
PUBLIC READING M
4. SUMMARY EXPLANATION & BACKGROUND:
PROPOSED TEXT AMENDMENT — THE DISTRICT IS DESIGNED FOR OFFICE, LIGHT INDUSTRIAL
AND RESEARCH USES WHICH ARE CONDUCTED WITHIN A COMPLETELY ENCLOSED BUILDING AND
HAVE LIMITED IMPACT OUTSIDE OF THE BUILDING. THE DISTRICT IS ALSO DESIGNED TO PERMIT
LIMITED COMMERCIAL USES AS A SPECIAL EXCEPTION USE SUBJECT TO SECTION 10.12 OF THE
ZONING CODE AND THE APPLICABLE PROVISIONS OF THIS ARTICLE.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Ordinance
Staff report
Public Hearing Notice
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
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Date March 15, 2004
Date