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HomeMy WebLinkAboutO-2005-021 Residential Office RO District RegulationsORDINANCE NO. 2005-021 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 19, "RESIDENTIAL OFFICE (RO) DISTRICT"; AMENDING ARTICLE 3, "ESTABLISHMENT AND DEFINITIONS OF DISTRICTS," SECTION 3.10 "ESTABLISHMENT OF DISTRICTS," TO REVISE THE SCHEDULE OF DISTRICTS TO INCLUDE THE RESIDENTIAL OFFICE (RO) DISTRICT; AMENDING ARTICLE 4. "DISTRICT REGULATIONS," SECTION 4.20. "APPLICATION OF REGULATIONS" TO REVISE THE "SCHEDULE OF USE REGULATIONS" TO INCLUDE THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach has determined that a new Residential Office (RO) district will provide an opportunity for small low intensity professional offices to exist on properties which were originally designed and used as single family homes but which, over a period of time, due to changes in traffic 0 patterns, road widenings and related noise, do not continue to lend themselves to be retained as single family homes; and WHEREAS, RO district regulations have been prepared and recommended by the City's staff, and WHEREAS, the City's Planning and Zoning Advisory Board, at its May 18, 2005 meeting sitting as the local planning agency, reviewed this Ordinance and recommended its approval to the City Commission; 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 is amended by the creation of Article 19, "Residential Office (RO) District" to read as follows: 0 ARTICLE 19. RESIDENTIAL OFFICE (RO) DISTRICT 19.10. Purpose The Residential Office (RO) district is intended to permit small-scale low intensity professional offices on properties located adjacent to trafficways as designated on the Broward County Trafficways Plan. This may include parcels which were originally designed and used as single family homes but which over a period of time, due to changes in traffic patterns, road widenings and related noise, no longer lend themselves to be retained as single family homes. It is also the intent of this district that the rehabilitation or new construction of these offices occur in a manner that maintains the residential character of the residential neighborhood and achieves a compatible architectural relationship with adjacent single family and two-family districts. 19.20. 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) General office, excluding medical or dental offices. 0 (b) Single family dwelling units. 0 (c) Any use that is accessory or customarily incidental to and located upon the same lot occupied by the main use. 19.30. Prohibited Uses. The permitted enumerated uses in section 19.20 above shall not be construed to include any of the following prohibited uses, which are indicated for emphasis and clarification: Any use not specifically listed. 19.40 Development Regulations. (a) Height. No building or structure shall exceed two (2) stories or twenty-five (25) feet, whichever is less. (b) Minimum Lot Size. All new construction shall have a minimum lot size of one (1) platted lot. Any rehabilitation or addition to an existing structure shall have a minimum lot size of two (2) platted lots. 2 ORDINANCE NO. 2005-021 0 (c) Setbacks. All one (1) story buildings shall be setback ten (10) feet from the street lot lines, seven (7) feet from interior side lot lines, and ten (10) feet from rear lot lines. All two (2) story buildings shall be setback ten (10) feet from street lot lines, fifteen (15) feet from interior side lot lines, and fifteen (15) feet from rear lot lines. 19.50. Design, Landscaping, and Performance standards in the Residential Office District (a) Any property in this district which involves conversion of a non -office use to general office use shall be reviewed pursuant to the site plan review procedures. (b) Both rehabilitation of existing structures and new construction shall comply with Principal Arterial Commercial Design Standards Overlay requirements. (c) The design, scale, and appearance of all structures in this district shall be compatible with single family residential structures even though the office buildings may be significantly larger in size. The intent is to achieve a compatible architectural relationship with nearby single family residential development. The facades and roof lines of the office building(s) shall be designed to break up any linear appearance and form. (d) The design of the parking lot shall be approved by the Community Development Director based upon the parking requirements in the Zoning Code and the following: 1. Head-in/back-out parking: not permitted. 2. Required parking spaces (tandem) may be designed on a circular drive with an interior landscaped island. (e) A masonry wall, six (6') feet in height, shall be installed and setback 2 '/2 feet from any property line adjacent to an alley. In order to maintain the character of existing residential neighborhoods abutting the alley, the wall shall be designed to prohibit vehicular or pedestrian access between the RO (Residential Office) parcel and the alley. (f) Landscape and pervious area requirements shall be as indicated in the City Code except as indicated below: 1) Minimum fifteen percent (15%) pervious area required. 2) Any property adjacent to Sheridan Street shall have a landscape buffer of five (5) feet. 3 ORDINANCE NO. 2005-021 3) Parking areas shall maintain the following pertinent setbacks: street yard ten (10) feet; interior side yard: five (5) feet; rear yard: ten (10) feet; and rear yard abutting an alley: ten (10) feet. Section 2. That Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach, Florida, Article 3, "Establishment and Definitions of Districts," Section 3. 10 "Establishment of Districts," is amended to read as follows: For the purposes of protecting, promoting and improving the public health, safety, morals and the general welfare of the people, the City of Dania is hereby divided into the following districts: I RO I Residential Office Section 3. That Chapter 28, "Zoning", of the Code of Ordinances of the City of 40 Dania Beach, Florida, Article 4, "District Regulations," Section 4.20 "Application of Regulations," "Schedule of Use Regulations" is amended to read as follows: SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL USES USES EXCEPTION USES F�(See Sections 19. 10 through 19.50 for RO regulations.) Section 4. 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. 4 ORDINANCE NO. 2005-021 0 Section 5. 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 6. 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 7. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on June 14, 2005. PASSED AND ADOPTED on second reading on June 28, 2005. ATTEST: LOUISE STILSON 6TY CLERK a,,, C"'L� ANNE CASTRO MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS T FORM AND CORRECTNESS: -1 ' BY: I 1�111�w THOMAA J.)049BRO CITY ATTORNEY 5 ORDINANCE NO. 2005-021 E AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JUNE 28,2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS — ZONING CODE TEXT AMENDMENT Establishment of a Residential -Office (RO) Zoning District. 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING Z 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): ORDINANCE STAFF MEMORANDUM PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager Date June 17, 2005 Date 0 0 . CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 28, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: Zoning Code Text Amendment: Establishment of a Residential -Office (RO) Zoning District (2nd Public Hearing) APPLICANT: City Commission The City Commission requested staff prepare a low -intensity Residential - Office ("RO") district. This zoning is intended to encourage small offices on major roadways in areas originally developed for single family homes. Similar zoning exists in Hollywood (Sheridan Street) and Fort Lauderdale (Davie Road). The RO district would allow general office only up to two stories in height. No medical office, restaurant, or retail uses would be permitted. If adopted, RO zoning would be- the most restrictive non-residential zoning district in the City. A developer would have to request site - specific rezoning of RO to his/her property to develop the property accordingly. Setbacks and open space requirements have been reduced in accordance with the very small size (6,000+ square feet) of these properties. PLANNING AND ZONING BOARD On May 18, 2005 the Planning and Zoning Board recommended approval of the Residential Office text amendment. CITY COMMISSION PREVIOUS ACTION On June 14, 2005 the City Commission approved this text amendment subject to the requirement of a six foot wall adjacent to the rear lot line; wall to be set in 2 1/2 feet from any adjacent alley. C;ITY OF DANIA BEACH -A NOTICE OF PUBLIC HEARING TEXT AMENDMENT Date: June 28, 2005 - 2,w & Final Reading Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 A Public Hearing will be conducted by the City Commission relating to Zoning Code Revisions within the City of Dania' Beach (Chapter 28, Zoning), as follows: 1). The proposed addition of a Residential -Office (RO) zoning district and proposed uses associated with the district; 2) The proposed addition of a Planned Residential Development (PRD-1) zoning district and proposed uses associated with the district; 3) The proposed amendments to Chapter 28, Article 6 Supplementary Use Regulations as follows: a) Article 6.12. Swimming pool and swimming pool deck setbacks. b) Article 6.16. Home Occupations. c) Article 6.21. Residential off-street parking requirements. Pon E­ gLld" INTERSTATE 5% --P- cjw Z_ GRIFFIN RD DANIA BEACH BIL snpUNGR City of Dania Beach Boundary Map The above referenced Proposed Zoning Code Revisions apply to the 'entire city. For information about the changes to the City of Dania Beach's Code of Ordinances Chipter 28, Zoning, contact the City's Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 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 public hearing. in accordance with the Americans With Disabilities Act persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at l6ast 48 hours prior to the meeting. Any person who decides to appeal any decision made by the City Commission with 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 and evidence upon which the appeal is to based. Publish: Friday, June 17, 2005 i14 (