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Home My WebLink AboutO-2005-031 Building height voteORDINANCE NO. 2005-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.22, "PERMITTED EXCEPTIONS TO HEIGHT REGULATIONS", ARTICLE 16, "INDUSTRIAL -RESEARCH -OFFICE (IRO) DISTRICT", SECTION 16.60, "AREA REQUIREMENTS", ARTICLE 18, ';INDUSTRIAL -RESEARCH - OFFICE -MARINE (IROM) DISTRICT", SECTION 18.60, "AREA REQUIREMENTS", AND ARTICLE 30, "INDUSTRIAL -RESEARCH - OFFICE -COMMERCIAL (IROC) DISTRICT", SECTION 30.60, "AREA REQUIREMENTS" TO REMOVE THE REQUIREMENT FOR A FOUR - FIFTHS APPROVAL FOR ANY EXCEPTION OR VARIANCE TO THE MAXIMUM BUILDING HEIGHT RESTRICTION OF FIVE (5) STORIES OR SIXTY-TWO (62) FEET, WHICHEVER IS LESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA - BEACH, FLORIDA: Section 1. That Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations", 40 Section 5.22, "Permitted Exceptions to Height Regulations" of the Code of Ordinances of the City of Dania Beach, Florida is amended to read as follows: ARTICLE 5 SUPPLEMENTARY LOT REGULATIONS 5.22 PERMITTED EXCEPTIONS TO HEIGHT REGULATIONS. (h) For any and all buildings to be erected in any zoning district in Dani the city, the permitted height shall not exceed five (5) stories or sixty-two (62 feet, whichever of the two (2) shall be least. Permitted exeeptions or var-ianees to this subseetion 5.22(h) must be approved by a feur fifths (4,15) vete of the membership ef the Dania City Go Section 2. That Chapter 28, "Zoning", Article 16, "Industrial -Research -Office (IRO) District", Section 16.60, "Area Requirements" of the Code of Ordinances of the City of Dania Beach, Florida is amended to read as follows: ARTICLE 16. INDUSTRIAL -RESEARCH -OFFICE (IRO) DISTRICT 16.60. Area requirements. (a) Height. No building shall exceed sixty-two (62) feet or five (5) stories in height. Peffflitied exeeptiens -i-ee, to this subsection 16.60 must be appfeved by a fouf fifths (4/5) vote e the membefship of the Dania Beaeh City Cemmission. Section 3. That Chapter 28, "Zoning", Article 18, "Industrial -Research -Office - Marine (IROM) District", Section 18.60, "Area Requirements" of the Code of Ordinances of the City of Dania Beach, Florida is amended to read as follows: ARTICLE 18. INDUSTRIAL -RESEARCH -OFFICE -MARINE (IROM) DISTRICT 0 18.60. Area requirements. (a) Height. No building or structure, or part thereof, shall exceed a height prescribed by the Federal Aviation Administration or Broward County Aviation Department provided however, no building shall exceed sixty-two (62) feet or five (5) stories in height. Peffflitted exceptions of var-ianees to this subseetion must be appfeved by a four- fifths (415) vete ef the member -ship e the eity eemmission. Section 4. That Chapter 28, "Zoning", Article 30, "Industrial -Re search- Office - Commercial (IROC) District", Section 30.60, "Area Requirements" of the Code of Ordinances of the City of Dania Beach, Florida is amended to read as follows: ARTICLE 30.- INDUSTRIAL -RESEARCH -OFFICE -COMMERCIAL (IROC) DISTRICT 30.60. Area requirements. (a) Height. No building or structure, or part thereof, shall exceed a height prescribed by the Federal Aviation Administration or Broward County Aviation Department, provided however, no building shall exceed sixty-two (62) feet or five (5) stories in height. Permitted exeeptions e var-ianees to this subseetien must be appr-eved by a four- fifths (415) vote of the membership e the eity ee . . 2 ORDINANCE #2005-031 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 August 9, 2005. PASSED AND ADOPTED on second reading on August 23, 2005. ATTEST: ,.,LOUISE STILSON CITY CLERK ANNE CASTRO MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES VlCE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: BY: A41 M, TIAOMAS 1. �XNSBRO CITY ATTORNEY 0 3 ORDINANCE #2005-031 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: AUGUST23,2005 2. DESCRIPTION OF AGENDA ITEM: BUILDING HEIGHT TEXT AMENDMENT — 2 ID READING 3. COMMISSION ACTION BEING REQUESTED: ORDINANCE 2 ND READING Z 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM ORDINANCE 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 Date August 16, 2005 Community Development Department City Manager Date 0 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 23, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director -". (::� SUBJECT: Zoning Code Text Change (SECOND READING): An Ordinance deleting the requirement that height variances to allow buildings greater than 62 feet or five stories require a supermajority vote (4-1) of the City Commission APPLICANT: City Commission The current zoning code requires a 4/1 (supermajority) city commission vote to grant a height variance to allow buildings in excess of 62 feet. Currently, this is the only variance request that requires the 4/1 vote. All other variances can be granted by a 3/1 simple majority vote. The proposed text change would allow th.e city commission to grant a height variance greater than 62 feet with a 3/1 simple majority vote. On August 9, 2005 the City Commission approved, on first reading, the subject text amendment. On July 20, 2005 the Planning and Zoning Board recommended approval of the proposed text amendment. 2211 - Policies NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF ORDINANCE NO. 2005-031 NOTICE IS GIVEN that on August 23, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach Cily Hall, 100 West Dania Beath Boulevard, Dania Beach, Florida, to consider the proposed acloption of the following Ordinances: AN ORDWANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", AR11CLE 5, "SUPPLEMENTARY LOT REGULATIONS", SEC11ON 5.22, "PERMITTED EXCEPTIONS TO HEIGHT REGULATIONS', ARTICLE 16, "INDUSTRIAL -RESEARCH -OFFICE (IRO) DISTRICT", SECTION 16.60, "AREA REQUIREMEMSO, ARTICLE 18, "INDUSTRIAL -RESEARCH -OFFICE -MARINE (IROM) 'DurRiw, SECTION laso, "AREA REQUIREMENTS", AND AR-ncLE 30, 'INDUSTRIAL- c RESEARCH -OFFICE -COMMERCIAL (IROC) DISTRICT", SECTION 30.60, -AREA REWREMIENTSO TO REMOVE THE REQUIREMENT FOR A FOUR-FIIFTHS APPROVAL FOR ANY E)MYTION OR VARIANCE TO THE MAXIMUM BUILDING HEIGHT RESTRICTION OF FPJE (5) STORIES OR SIXTY-TWO (62) FEET, WHICHEVER IS LESS; PROVIDING FOR CONIFLICTS; PROVIDING FOR SEVERABILITY: FURTHER, PROVIDING FOR AN EffECTIVE DATE. (2riO & Fin4l Reading) Pw E. qW.. INTERSTATE S" I C. RIFFINRI) iWITTIM -N4V_ U&J" BEACH BL City of Dania Beach Boundary Map Copies of the proposed Ordinance are on file in fhe Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public duiring normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this 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 be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meetng. Lou Ann CLmningham Planning Associate