HomeMy WebLinkAboutO-2004-011 Off Street Parking Revisions RestaurantsORDINANCE NO. 2004-011
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 REPEAL CERTAIN PARKING STANDARDS IN
PARAGRAPHS (d), (e) AND (f) APPLICABLE TO USES WITHIN
THE CITY OF DANIA BEACH REDEVELOPMENT DISTRICT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Chapter 28 "Zoning," Sections 6.21 and 6.22 of the Code of
Ordinances of the City of Dania Beach (the "City") provide for off-street parking
and loading standards for all uses within the City; and
WHEREAS, paragraphs (d),(e) and (f) of Section 6.22 provided certain
parking waivers for restaurants in the Downtown Dania Beach Redevelopment
District and were originally enacted with a sunset provision; and
WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the
local planning agency, has reviewed this Ordinance repealing the special parking
waivers and recommended its approval to the City Commission, and
WHEREAS, the City Commission has determined that it is appropriate to
revise these standards and repeal the provisions of Section 6.12 (d), (e) and (f)
based on the recommendation of its professional staff; and
WHEREAS, the City 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 ("Chapter 28"), Article VI. "Supplementary Use
Regulations," Section 6.21 "Off -Street Parking," paragraphs (d), (e) and (f) are
hereby repealed.
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, shall remain in full
force and effect.
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Section 3. 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parts of resolutions in conflict with this ordinance are repealed to the extent of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 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 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:
41 M41
ACTING CITY CLERK
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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-.—
THOMAS,J/ AW813110'
CITY ATTORNEY
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ORDINANCE NO. 2004-011
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DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
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CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
March 23, 2004
Ivan Pato, City Manager
Laurence Leeds, AICP, Director
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, R, 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 -Office zoning
district.
0 Staff Recommendation: Approval. 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 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.
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 23,2004
2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT— OFF-STREET PARKING
3. COMMISSION ACTION BEING REQUESTED: PUBLIC HEARING - ADOPT ORDINANCE — 2 ND
PUBLIC READING Z
4. SUMMARY EXPLANATION & BACKGROUND:
PROPOSED TEXT AMENDMENT — TO REPEAL CERTAIN PARKING STANDARDS IN PARAGRAPHS
(d), (e) AND (f) APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH REDEVELOPMENT
DISTIRCT.
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
Date March 15, 2004
Date
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NOTICE OF CHANGE OF: ZONING REGULATIONS
PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on
Tuesday, March 23, 20Cl4, at 7,.00- p.m., or as soon thepeaftq, as possible, in the City Commission
R . Dom, Administratl ve Center, 100 Wdst D , ania B eacK Blvd., Dania Beach, Florida 3300 4 for the
.purpose of adopting the following ordinances on second reading:
Text amerId his to 10, IR - 6, , IG and Districts', and to -the City Parkin Regulations -
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a. AN ORDINANCE AMENDING CHAPTER 28 -ZONING- OF THE CODE OF ORDINANCES OF
THE I CITY� OF: DANIA''BtACK FLORIDk" BY *AMENDING ARTICLE, IV, "DISTRICT.
REGULATIONS,' SECTlOt4-�4.20",,"APPLICATION.OFI REGULATIONS," TO REVISE THE
"SCHEDULE- OF, USE� REGULATIONS7� F0R-1,THE C-2, C-3, C-4 AND IR DISTRICTS;
AMENDING: ARTICILE,-2.�,-,""DEFINMONS,"SECTION� 2.10. "DEFINITIONS" TO REDEFINE
"ESSENTIAL SERVIJICES",;��PROVIDING FOR'CONFLICTS; PROVIDING FOR SEVERABILITY-�
FURTHER,.PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE AMENDING C HAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, FLORIDA; BY- REPEALING AND, REPLACING ARTICLE 27
"INDUSTRIAL -GENERAL (IG),DISTRICr.. TO,CREATE A NEW INDUSTRIAL -GENERAL (IG)
DISTRICT WITH,REVISED PERMITTED, PROHIBITED AND SPECIAL EXCEPTION� USES,
AND� REQUIRED� CON61TIONS �AND- AREK 'REQUIREMENTS; PROVIDING FOR
CONFLICTS�PROVIDING,�.FOR. SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
c. AN, ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, FLORIDABY -AMENDING ARTICLE 16 "INDUSTRIAL -
RESEARCH -OFFICE (IRO) DISTRICT7. 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.
d., AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28,
"ZONING",: OF'THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE V1.
"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.'
These ordinances affect properties throughout the entire city. Copies of the proposed ordinances are available for viewing in
the Community Development Department 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m.
and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the
proposed zoning changes.
In accordance with the Americans Wrth Disabilities Act, persons needing assistance to participate in arry� of these
proceedings should contact Miriam Nasser, Acting City Clerk, 100 W. Dania Beach Blvd, Dania Beach, Ft. 33OD4, and (954)
924-3624 at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the local Planning Agency, the Plann Ing and Zoning Advisory
Board or the City Commission wft regard to any matter considered at this meeting or hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony arid evidence upon which the appeal is to based.
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