HomeMy WebLinkAboutO-2024-020 Live Local StandardsORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 "LAND DEVELOPMENT
CODE"; PART 2, "SITE DEVELOPMENT REGULATIONS"; ARTICLE 205,
TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL
ZONING DISTRICTS"; TO CREATE SECTIONS 205-11 THROUGH 205-16, TO
IMPLEMENT THE CITY'S LIVE LOCAL DEVELOPMENT STANDARDS
PURSUANT TO SECTION 166.04151(7), FLORIDA STATUTES, UNDER THE
LIVE LOCAL ACT; AMENDING ARTICLE 200. — "USER GUIDE FOR PART
2 OF THE CODE", TO CREATE SECTION 200-60 ENTITLED "SITE PLAN
REVIEW PROCEDURES FOR APPLICATIONS PURSUANT TO SECTION
166.04151(7), FLORIDA STATUTES," TO PROVIDE FOR DEVELOPMENT
REGULATIONS AND ADMINISTRATIVE REVIEW OF CERTAIN
AFFORDABLE HOUSING PROJECTS PURSUANT TO STATE LAW; AND
CREATING SECTION 200-61 ENTITLED "IMPLEMENTATION PROCEDURES
FOR SITE PLANS UTILIZING "THE LIVE LOCAL ACTM; PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida adopted Chapter 2023-17, Laws of Florida, effective
July 1, 2023, known as the Live Local Act (the "Act"), which among other thing is designed to
streamline and incentivize affordable housing within the State of Florida; and
WHEREAS, the Act preempts certain use, density, and height regulations and imposes
various obligations, including the requirement for a municipality to permit mixed -use residential
development as an allowable use in any area zoned for commercial, industrial, or mixed -use if at
least forty percent (40%) of the residential units are affordable, as defined in Section 420.0004,
Florida Statutes, for a period of at least thirty (30) years; and
WHEREAS, the benefits afforded by the Act are only available to developments that
provide certain threshold levels of affordable multi -family housing, which housing units are forther
required to remain affordable for at least thirty (30) years, but the Act is silent on issues related to
compliance reporting, monitoring, and enforcement of the mandatory affordability requirements
applicable to these developments; and
WHEREAS, the City Commission has determined that it is appropriate and in the public
interest to provide that projects proposed under the Act on commercial or industrial zoned
properties are subject to the development regulations provided in this ordinance; and
WHEREAS, the City of Dania Beach contains more than twenty percent (20%) of the land
area within its jurisdiction for commercial or industrial use, and as such the City does not qualify
for the provision in the Act that would require a Live Local multi -family development pursuant to
the Act would be developed as a mixed -use residential development; and
WHEREAS, the City is committed to providing a sustainable community for its residents
and future generations, and ensuring an adequate tax base to support public services is an essential
component of developing and maintaining such a sustainable community; and
WHEREAS, the City Commission has determined thirty-five percent (35%) of the total
square footage of a project proposed under the Act as a non-residential component is both
meaningful and appropriate in order to support required services and maintain residential
affordability for City residents; and
WHEREAS, the Act requires that an affordable housing project proposed under the Act
must be administratively approved, without further action by the governing body, if the
development satisfies the City's Land Development Regulations and is consistent with the City's
Comprehensive Plan, with the exception of provisions establishing allowable densities, height,
and land use (which are established in, and preempted by, the Act), and complies with all other
applicable requirements of state and local law; and
WHEREAS, the Act provides that the City must consider the possibility of reducing
parking requirements for projects developed under the Act if the project is located within one-half
mile of a major transit stop, as defined in the City's Land Development Code, if the major transit
stop is accessible from the development. The City does not currently have a definition of major
transit stop and wishes to adopt one and provide related parking incentives; and
WHEREAS, the City Commission supports affordable housing and finds it necessary to
revise the City Code in order to establish equitable regulations for the development of mixed -
income mixed -use residential developments in order to implement the provisions of the Act; and
WHEREAS, the City is adopting the regulations contained within this ordinance to
provide for implementation of the Act, which was effective as of July 1, 2023, and has determined
it is appropriate for all for projects under the Act to be processed in accordance with the regulations
contained within this ordinance, and to apply these regulations to any application or submission
for an application under the Act; and
2 ORDINANCE 92024-L24L;
WHEREAS, pursuant to the pending ordinance doctrine, set forth in Smith v. City of
Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City declares and implements the pending
ordinance doctrine concerning the zoning and Land Development Regulations governing the
development of affordable housing projects proposed on properties located in the following
commercial, residential and mixed use districts: South Federal Highway Mixed -Use (SFED-MIJ),
Gateway Mixed -Use (GTWY-MU), East Dania Beach Boulevard Mixed -Use (EDBB-MU),
Planned Mixed -Use Development (PMUD), Planned Small Lot Mixed -Use Development
(PMUD-SL), General Commercial District (C-4), General Industrial (IG), Restricted Industrial
(IR), Industrial -Research -Office (IRO), Industrial -Research -Office -Marine (IROM), Industrial -
Research -Office -Marine Airport Approach (IROM-AA), and Industrial -Research -Office -
Commercial (IROC); and
WHEREAS, on October 24, 2023, the City adopted Resolution No. 23-136 relating to
zoning in process, and working under the zoning in progress principals consistent with the
pending ordinance doctrine, the City administration has developed this ordinance and all property
owners and developers should be aware that provisions of this pending ordinance not yet adopted
by the City Commission may be applied to any proposed development applications and any
development applications may be delayed until the adoption and effectiveness of this ordinance;
thus, property owners and developers should not rely on existing Land Development Regulations
in making investment and development -related decisions; and
WHEREAS, the City Commission finds and determines that updating the City's Code of
Ordinances to implement the Live Local Act is in the best interest of the residents of Dania Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled the "Land Development Code", Part 2, "Site
Development Regulations", at Article 205, "Tabular Summary Of Site Development Standards For All
Zoning Districts", is amended as follows:
3 ORDINANCE#2024-
WKWIN-IRW
LAND DEVELOPMENT CODE
PART 2, "SITE DEVELOPMENT REGULATIONS"
Article 205 Tabular Summary of Site Development Standards for all Zoning Districts.
See. 205-11. Mixed Use or Multifamily Developments Pursuant To Section 166.04151(7),
Florida Statutes, Under The Live Local Act.
(a) Intent and Purpose.
The pWose of this section is to establish procedures and regulations for the development q
multifamily or mixed use affordable housing developments Pursuant to the provisions of Section
166.04151(7), Florida Statutes, as created by Chapter 2023-17, Laws of Florida, the "Live Local
Act" (the "Act"), which developMent involves at least forty percent (40%) of units which must
qualify as affordable housing units, as defined in Section 420.0004, Flofida Statutes, to accomplish
the following pwMoses:
(1) Protect and promote the public health, safety, and general welfare of the residents of the
citfi
(2) Facilitate the orderly and efficient development of affordable multi -family housing in the
City pursuant to the Act;
(3) Specify the City zoning districts to which this section isapplicable and within which Live
Local developments proposed pursuant to the Act are authorized and may be approve
administratively pursuant to the Act;
(4) Confirm the Land Development Regulations applicable to proposed Live Local
developments under the Act, including acknowledgment of the statutory mandates
regarding use, height, and density;
(5) Provide the minimum non-residential floor area for Live Local developments propose
under the Act in order to ensure a meaningftil mixed -use development to suppo
community sustainability and to reduce vehicle trips and vehicle miles traveled, whereby
a mixed -use project must provide a minimum of 40 percent conunercial on the ground
flom
(6) Establish an administrative approval process for Live Local developments under the Act.
(7) Multi-fainily Live Local projects must contain at least 65 percent multifamily, with 40
percent Live Local as affordable housing.
ORDINANCE #2024- L0-0
(b) Agglicability-
Applications for a Live Local development pursuant to this section must be deemed complete
prior to October 1, 2033. No qpplications for Live Local developments shall be accepted after
October 1, 2033 unless the legislature extends or reenacts Section 166.04151(7), Florida Statates,
and the City Commission extends these deadlines accordinaly.
(c) Pe nitions.
L
Maior transit stop shall mean a stop with at least 150 square feet of overhead shelter for commuter
rail service or at least three bus rapid transit routes, For the pMose of this definition, commuter
rail service and bus rLapid transit routes provide average scheduled mon-ting (7:00 A.M. to 9:00
A.M.) and evening (4:00 P.M to 6:00 P.M.) peak hour service intervals of 30 minutes or less.
Unified control means all land included for p_Wose of development within a Planned Unit
Development (PUD) district shall be under the control of the applicant (an individual, partnersWp,
or corporation, or group of individuals, partnerships, or corporations). The WTlicant shall present
satisfactoEy legal documents to constitute evidence of the unified control of the entire area, which
shall be approved by the City Attomey. Upon application for rezoning, the applicant shall agree
as follows:
(I)To proceed with the Live Local development according to the provisions of this division
and the affordability requirements as established by state law and recorded covenant-,
(2)To provide agreements, contracts, covenants, deed restrictions, and sureties acceptable to
the Cily for completion of the development according to the plans approved at the tim
of site plan approval and for continuing operations and maintenance of such areas,
functions, and facilities, which are not proposed to be provided, operated, or maintained
at public qxpense;
(3)To bind their successors in title to qpy conunitments made under the above. All
agreements and evidence of urjified control shall be reviewed by the City Attomey and
no site plan for a development shall be approved without verification by the City Attomey
that such agreements and evidence of unified control meet the requirements of this
section.
(d) Zoning Districts permitting Live Local developments.
Based on the requirements of Florida law, Live Local developments shall be pennitted in the
following zoning districts:
(A)Neighborhood Mixed -Use (NBH
(B) South Federal Highway Mixed -Use (SFED-NM),
ORDINANCE 92024-611"�.'I'
(C) Gateway Mixed -Use (GTWY-W),
(D) East Dania Beach Boulevard Mixed -Use (EDBB-MU),
(E) Planned Mixed -Use Development (PMUD),
(F) Planned Small Lot Mixed -Use Development (PMUD-SL),
(G) General Commercial District (C-4),
(H) General Industrial (IG),
(1) Restricted Industrial (IR),
(J) Industrial -Research -Office (IRO),
(K)Industrial-Research-Office-Marine (IROM),
(L) Industrial -Research -Office -Marine Ailport Approach (IROM-AA),
(M) Industrial-Research-Office-ConunerciaI (IROC)
(e),4pplicable development regulations.
(1) Unified lot. All land included for pwToses of a Live Local development, including all
residential and non-residential components shall be under unified control.
(2) Required residential use.
A. Eyuivalency of affordable dwelling units.
1. Affordable dwelling units and market rate units shall be located withiD the same
structure or shall be proportionately distributed between multiple structures, if
such are proposed, such that evexy development structure contailas both (at
least 40%) and market rate units in equal proportions� in no event shall a Live
Local development structure consist entirely of market rate units.
2. All common areas and amenities within a Live Local development shall b
accessible and available to all residents (both affordable and market rate units).
3. Access to the required affordable dwelling units shall be provided through the
same principal entrance(s) utilized by all other dwelling units in the development,
provided that for townhouse -style affordable dwelling units, each unit shall have
its own entrance.
- I
ORDINANCE #2024-L'/_'Cj
4. The sizes and number of bedrooms in the affordable dwelling units shall be
proportional to the sizes and number of bedrooms in the market rate units (e.g.,
for number of bedrooms, if twenty-five percent (25%) of the market rate units
consist of two (2) bedrooms, then twepty-five percent (25%) of the affordable
units shall also have two (2) bedrooms, etc., maintaining a proportional
distribution across unit types and within each structure).
5. Affordable dwelling units shall be developed simultaneously with, or prior to, the
developMent of the market rate units.
6. If the development is phased, the phasing plan shall provide for the construction
of affordable units proportionately and concurrently with the market rate units.
7. The exterior appearance of affordable units shall be the sarne as the market rate
units and shall provide exterior building materials and finisWngs of the same type
and qual�.
8. The interior buildinp materials and finishes of the affordable units shall be the
same type and quality as the market rate units, including but not limited to all
electrical and plumbing fixtures, flooring, cabinetry, counter tops, and decorative
finishes.
b. Affordability commitment.
I . Pursuant to Section 166.04151(7), Florida Statutes, at least forty percent '40%) of
the multi -family residential units shall remain affordable, as defined in Section
420.0004, Florida Statutes, for a period of at least thirty (30) years. The prop
owner shall execute and deliver to the City for recordation in the public records,
on a form ap"r ved by the City Attomey, a covenant, declaration of restriction, or
other deed restriction in favor of the City ensuring coMpliance with tWs
affordabil�y requirement.
2. Any violation of the affordability requirement shall result in a monetary penalty
to be deposited into the general fund. Such monetary penalty shall be assessed as
a daily fine of two hundred fifty dollars ($250.00) per day per violation until
proof of compliance has been provided to the City. The monetary penalty shal
not be subiect to mitigation or otherwise modified by any board, including b
not limited to the Code Enforcement Special Magistrate. This provision is in
addition to qny other enforcement action pursuant to code or agreement.
(3) Allocation ofshared space in Multifamily Live Local Proiects.
a. Lobby, service areas, and amenity areas exclusively serving the residential
uses of a Live Local development shall be considered residential square footage
use.
ORDINANCE #2024- Uc'
b. Common ground floor lobby, service areas, and amenity areas widiin a
structure housing both residential and non-residential uses shall be
proportionately allocated to the residential and non-residential square footag
requirements.
(4) Site Design.
a. Live Local developments located on land zoned commercial or mixed use
must locate all developglent, residential and non-residential uses on the same (or
unified) plot.
b. Live Local develooments located on land zoned industrial must locate all
nonresidential uses in a structure separate from pny residential uses. Structures used
for industrial pmMoses need to be buffered and setback from the residential
structures in the same manner, golying setbacks, landscape buffers, and other
applicable regulations as if the residential structures were on a separate site, I
ensure compatibility between residential and industrial uses.
(5) Development standards.
a. The following standards are applicable to all Live Local developments
regardle s of the zoning district they are located in:
1. Maximum density and heig
(i) With respect to the residential component of a Live Local development,
the maximum density shall be the bighest allowed density on any Ian
in the City where residential development is aHowed by right, without
incorporation of M bonus (incentive) density.
WA The maximum height shall be the highest currently allowed for a
conunercial or residential development within the City and within one
(1) mile of the proposed development, or three (3) stories, whichever is
higher.
2. Minimum air-conditioned dwelling unit size consistent with Section 230-
40 of the Land Development Code:
Ci) Efficiency: Five hundred (500) square feet
Q0ne (1) bedroom: Seven hundred and fifty (750) square feet;
�D Two (2) bedrooms: nine hundred (900) square feet�
ORDINANCE #2024-
(iv) Three (3) or more bedrooms: One thousand one hundred fifty (1,150)
square feet for the first three (3) bedrooms, plus one hundred fifty
(150) square feet for each additional bedroom/den.
3. All other applicable land development code development standards shall
Mply unless specifically regulated in this section.
See. 205-12 Development Regulations. Oualifying development shall comply with the
development rel4ulations provided in the following development regulation table.
(a) Properties zoned Soudi Federal Highway Mixed -Use, GatpWay Mixed -Use, or East Dania
Beach Boulevard Mixed -Use are to following the development regulations identified for each
zoning district provided in Article 300.
(b) Properties zoned Planned Mixed -Use Development, Planned Mixed Use Development —
Small Lot, General Commercial, General Industrial, Industrial Restricted, Industrial Research
Office, Industrial Research Office Marine, or Industrial Research Office Marine — Airpo
Approach are to follow the development regulations and design standards identified in Section
205-13, of the LDR.
See. 205-13 Development Regulations table for Planned MLxed-Use Development, Planne
Mixed Use Dev&pment — Small Lot, General Commercial, General Industrial, Industrial
Res#*(g4 Industrial Research Office, Industrial Research Office Marine, or Industrial
Research Office Marine —Airport Approach
DEVELOPMENT REGULATIONS
Planned Mixed -Use Development, Planned Mixed Use Development — Small Lot, General
Commercial, General Industrial, Industrial Restricted, Industrial Research Office, Industria
Research Office Marine, or Industrial Research Qoke Marine — Airport Approach
Required setbacks an=d_yards-
-Minimwn front yard setback
25'
—Minimum rear yard setback
30'
Minimum street side setback
25'
—Minimum interior side setback
15'
Minimum lot width
100,
MiWmum lot depth
100,
Minimum building separation
100,
Parking space requirements
Per Article 265
Landscape requirements
Per Article 276
Pervious area requirements
Per Section 215-130
See. 205-14 Additional design standards for Pmperties fronting Griffin Road, Stirling Road,
Sheridan Street, Bryan Road andAnglers AvenuelRavenswood Road.
ORDINANCE #2024-j,.'bC,
(a) The following design standards are applicable to any property having frontage on any of the
following roadways within the City of Dania Beach:
1 . Griffin Road
2. Stirling Roa
3. Sheridan Street
4. Bryan Road
5. Anglers Avenue (Ravenswood Road)
(b) Pqrpose. The pMose of the standards in this article is to promote design, which is
architecturally compatible with the surrounding area and the design goals of the City of Dania
Beach.
(c) Intent. The standards in this article are intended to discourage generic suburban development
!ypes that bear little relation to the historic development pattern of Dania Beach.
(d) City Commission Approval. The City Commission may approve exceptions to this article as
conditions to a site plan approval upon making the following findings:
1 . There are circumstances peculiar to the site or the intended use that makes compliance
with a particular requirement of this article impracticable�
2. The applicant has offered significant enhancements to other pertinent aspects of the site
that the City Commission detennines will offset any negative impacts that an exceptio
to these standards might otherwise create.
(e) Appearance.
1. All structures on a site shall create a unified architectural theme.
2. All building fagades shall be articulated through the use of a coherent and clear
architectural design that incorporates rhythms in fonn and construction details. Buildings shall
be designed to incorporate rhythms in form and construction details.
3. Buildings facing a public street or interior couLlyard space shall be architecturally
erpphasized through entrance treatment, fenestration, and building details. Buildings with more
than one (1) facade facing a public street shall provide treatment for each fagade.
4. Roof and exterior wall surfaces, with the exception of glass areas, shall be
nonreflective. Opaque surfaces and reflective or mirrored type glazing at ground level visible
from the sidewalk is prohibited.
5. The use of flat steel or metal panels for the exterior walls is prohibited.
6. The rear and sides of buildings shall be finished with material that in texture and color
resembles the front of the building.
10 ORDINANCE #2024-
7. Glass windows and doors must make up at least thirty-five Q 5) percent of the primary
elevation and fifteen (15) percent of the secondM elevation, except where additional
fenestration is required in the CRA form -based zoning districts. On ground stories, the mini
required glass facade area shall be measured between a height of two and one-half (2.5) feet and
eight (8) feet above the abutting grade. The windows shall not be covered or opaque. Display is
permitted provided there is functional cross -vision between the inside and outside of the store.
Display windows should be accented with awnings or other architectural features.
8. The coloration of all buildings shall be nature blending with a maximuni of three (3)
colors exclusive of roof. The use of "earth tone" or light pastel colors is encouraged.
Semitransparent stains are recommended for application on natural wood finishes.
9. Canopies, if utilized, shall provide a minimum clearance of fourteen (14) feet in heig
for areas accommodating vehicles and a minimum clearance of ten (10) feet in height for non -
vehicular areas, and shall be consistent with the main building design. The canopy columns shall
be architecturally finished to match the building.
10, Heating, ventilation and air conditioning equipment, duct work, air compressors,
other fixed operating machinery shall be either screened from view or located so that such items
are not visible from the designated arterial, adjacent residential properties or intersecting streets
11. No temporary structures shall be permitted, except those allowed in article 675,
"Temporary Uses" and associated signage. Office -type mobile units when used as teMorM
facilities shall be screened from view from the designated arterial and equipped with rigid
skirting on all sides. Any towing gear shall be removed, and if not removable, shall be screened
from the designated arterial
12. A minimum distance of eight (8) feet shall be maintained between the front of M
building, including any walkway immediately adjacent thereto, and the parking area. This space
is to be reserved for landscaping, either existing or planned, and is required to have a minimum
three -foot -wide strip for plant material. No such space is required at the sides or rear of the
building unless there is an adioining residential use. This reauirement is not aDDlicable within
the CRA form -based zoning districts
13. Windows and doors visible from any listed arterial street shall not be obstructed by
security bars or similar devices.
14. Windows and doors visible from any listed arterial street shall not be obstructed by
storm or security shutters or panels, except as provided in chapter 8, section 8-186 of the Code
of Ordinances (Storm shutter placement).
15. Commercial development must comply with article 275, "Landscaping
Requirements", provided that the street tree requirements shall be altered to require palm clusters
on the ends of landscape buffers. The palm clusters shall consist of three (3) palms; with
minimum height of thirteen (13) feet.
11 ORDINANCE #2024- C ��(-,G)
16. Where hedges are utilized and adequate space exists, a tiered effect is required.
17. Landscaped areas shall be suirounded with a six-inch raised concrete curb. Grade
within areas to be landscaped shall be raised to curb height.
18. Chain link, barbed wire and similar fencing along a designated arterial are prohibited.
Where such fencing can be viewed from a designated arterial, landscaping, beiming, or both
shall be provided to minimize visibility from the designated arterial.
19. Perimeter walls, if utilized, shall be architecturally compatible with the principal
structure.
20. The design of buildings and parking facilities shall take advantage of the natural
features and topography of the project site, where appropriate.
2 1. Existing specimen trees shall, to the greatest extent possible, be preserved or relocated
on site and integrated into the landseqpe plan.
22. Roads, pedestrian walks and open spaces shall be desi;zned as integral parts of
overall site design.
23. Parking areas shall be landscaped and screened from public view to mitigate their
visual iMpact.
24. Parking areas sball be designed with careful regard to orderly arrangement,
landscaping, and ease of access, and shall be developed as an integral part of an overall site
design.
25. The site development plan shall be designed to be compatible with existing and
conforming development, and proposed development in the area sulTounding the project site.
(b) MultifamilviMixcd Use Option. A multifamily use is pennitted subject to the
development standards of the development regulations identified above (lot and yard
requirements) and the following additional requirements for mixed -use developments:
(1) The development mqy include commercial uses on the ground floor of the development
such that the development is a mixed -use development as provided by the City of Dania
Beach Comprehensive Plan. The following commercial uses shaH be vennitted:
i. Athletic clubs/studios-,
ii. Banks and financial institutions with no drive-throughs;
iii. Bakeries-,
iv. Delicatessens;
v. Copy shQM
vi. Day care centers;
12 ORMNANCE 92024-
-ULC
vii. Dry-cleaning establishments (no cleaning on premises)�
viii. Fast food restaurant with no drive-throughs;
ix. Retail establishments;
x. Office (business, professional and medical);
A Personal service establishments;
xii. Restaurants;
xiii. Retail pharmacy, and
xiv. Retail stores and those uses which are customarily accessory and clearly incidental
to the principal permitted use, excluding smoke shops, cannabidiol (CDB) sales,
and discount retail.
(2) The mixed -use development shall be located abutting an arterial roadway and shall
occupy the maiority of the ground floor building area (excluding parking garages).
See. 205-15 Ra-ulatory Cowliance.
(a) In addition to the provisions set forth above, Live Local developments shall comply with all
other Land Development Regulations applicable to multi -family developments.
(b) All aspects of the Live Local development shall be consistent with the City's Comprehensive
Plan, with the exception of provisions establishing allowable use, height, and density.
(c) Compliance with aMlicable laws and regy1ations. In addition to the provisions set forth
herein, Live Local developments shall comply with all other WTlicable state and local laws
and regulations.
205-16 Expiration or Loss ofLive Local DevekMent Status.
(a) Loss Lor failure to meet affordability requirements.
D- An approved proiect which fails to maintain the reauired number of affordable
dwelling units and does not comply with the affordable housing requirements of this
section after notice and ninety (90) days to cure, shall be considered non -conforming as to
all portions of the development that do not comply with use and development regulations
applicable based on the assigned zoning designation.
(b) Expiration of covenant. A Live Local development, for which a covenant
guaranteeing affordable housing has expired, shall be considered:
(1) A legal conforming use, so long as the development maintains the same levels and
standards of affordable housing.
13 ORDINANCE #2024- G1 I
(2) A legal non-conforminiz use, if the number of required affordable dwelling units
originally required under the covenant are not maintained as affordable, And shall be
subject to the City's nonconforming code provisions.
Section 3. That Chapter 28 entitled the "Land Development Code", Part 2, "Site
Development Regulations", Article 200, "User Guide For Part 2 Of The Code" is amended as
follows:
CHAPTER28
LAND DEVELOPMENT CODE
PART 2, "SITE DEVELOPMENT REGULATIONS"
ARTICLE 200. - USER GUIDE FOR PART 2 OF THE CODE
200-60 Live Local Site Plan Approval required.
(a) Construction, except as provided for Live Local buildings or improvement on any site m
commence only following approval of a site plan by the City Commission. All construction and
improvements shall conform to such approved site plan per Article 63 5 of the LDR.
(b) Live Local development projects developed pursuant to Section 166.04151(7), Florida
Statutes, shall be processed administratively under Section 200-61, Site Plan Review Procedures
for A t
Mlications Pursuant to Section 166.04151(7), Florida S atutes.
See. 200-61 Site Plan Review Procedures For Applications Pursuant To Section 166.04151(7),
Florida Statutes.
(a) Preplan review. The applicant shall review the proposed site plan with the Communi
Development Director, or designee, to confirm general compliance with the requirements of
Section 205-11, "Development pursuant to Section 166.04151(7), Florida Statutes, under the Live
Local Act," the land use designation, zoning and application provisions of the City code and
Section 166.04151(7), Florida Statutes, as amended from time to time.
(b) EWM
(1) Application. The applicant shall submit the proposed site plan to the Community
Development Director, or designee. The application shall include:
14 ORDINANCE #2024- C'26�'
a. All infonnation shall be submitted pursuant to the City's site plan application
requirements and application fonn as identified in ATticle 635, of the LDR.
b. An Affidavit of Commitment. The WTlicant must file an Affidavit of Commitment,
in a fonn provided by the City, to record a covenant detailing the affordable housinia
restrictions (and to comply with the monitoring and compliance requirements of the
City). The covenant will detail income mix and required affordability, with a release
provision ensuring that the covenant is in place for thirty (30) years from t�mpor
certificate of ocMancy (TCO) or certificate of ocmauc
y (CO) and may only be
released earlier by bringing the project info full compliance with all zoning and Ian
use provisions applicable to the site at the time of the release. The City will provide
the form covenant and monitoring and compliance fonns ul)on submittal of the
application.
c. Legal documents demonstrating unified control of the proposed development site and
providing for maintenance and cross -access as applicable.
d. A specific pmMose survey demonstrating the one (1) mile distance for the propose
height determination (unless the coLnparator site is so obviously close to render this
unnecessary) with a brief analysis of the comparator site.
g. A brief analysis of the coMparator site for the proposed density detennination.
h. Easily visible notes on the site plan legend or data sheet, indicating the project is a Live
Local Act, Section 166.04151(7), Florida Statutes, project.
i. A table, or tables, indicating the ratio of residential and non-residential square footage
and affordable and market rate residential units.
(2) Fees. The Community Development Director, or designee, will compute the required
filing and review fees. Such fees are due upon the date of submittal and are established in
accordance with the City's adopted fee schedule(l)ursuant to Section 605-40 and 685-
10), including, but not limited to any applicable iWact fees and cost recovery
charges. The pplicant shall also digitally submit copies of a pr9posed prelimin
engineering plan for the site. The filing fees are as follows:
Site Plan $14,120.0
Site Plan Modification $11,700.00
(c) Review and recommendation by the Development Review Committee,
(1) Development Review Committee members and departments responsible for developm
application review shall submit written recommendations to the Director of Conununitv
Development, or designee, according to a review schedule. Fees are to be goroved by
the City Commission, via resolution, as may amended from time to time.
15 ORDINANCF #2024- C"70
(2) The VTlicant will be notified in writing of comments conceming the site pl
submission. Revisions, additions, or corrections will be reviewed together by the
Community Development Director, or designee, the Development Review Committee,
and the applicant. Required revisions and any other information required by the director
of Commumty Development Director, or designee, and the Development Review
Committee shall be resubmitted by the Mlicant within thigy (30) dgys of the review.
Failure of any applicant to submit information or revised plans as required above shall
result in cancellation of the application uDless an extension is agreed to by the applicant
and the Director of Commum also submit
�� Development, or designee. The applicant mqy
a waiver on a fonn provided by the City. Further, the qpplicant will be required to
resubmit an Mplication, including review fees according to the fee schedule adopted by
the City Commission. Applicants may withdraw an application at M time.
(3) Any fees collected in conjunction with development review are nonreftmdable.
(d) Administrative review.
(1) The Community Development Director, or designee, shall review the Developm
Review Committee comments, gpplicant responses, and final proposed plans and facade
renderings, and based on compliance with the City's Land Development Regulations,
comprehensive Ian, and applicable state laws, shall qpprove, approve with conditions,
or deny the final site plan and issue a written development order, including findings
mWorting the decision. The decision of the Conununity Development Director, or
designee, may be Wealed to the City Commission pursuant to Section 615-30,
"Administrative Appeals."
(2) If the proposed project does not meet the City's Land Development Regulations, excepting
use, height, or densi!y as preempted by state law, the applicant mgy apply for a variance
or other procedure and shall follow those procedures as provided in the code, including
review by the Development Review Committee, Planning and Zoning Board, and City
Commission.
(e) Modifications to approved site plan. Modifications to a site plan approved under this
section may be pennitted by the administrative approval of the Director of Community
Development, or designee. Proposed modifications shall be reviewed by the Development
Review Committee, as provided in subsection 635-80 above if the ComMuni Development
�y
Director, or designee, detennines the modification, complies with the criteria identified in Section
635-80(b) of the LDR.
Expiration or extension of site plan approvaL A site plan approval or extension shall
coMply with Section 645-100 of the LDR. However, upon expiration of a project under this
section, the property will be govemed by the entitlements allowed under the property's zonin2
without the benefit of the preemptive provisions of Section 166.04151(7), Florida Statutes.
(g) DeniaL Denial of an application shall preclude the golicant from refiling the same application
for one year from the date of denial consistent with Section 649-60 of the Land Developmen
Code.
16 ORDWANCE #2024-
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 it is the intention of the Mayor and City Commission of the City
of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of the City of Dania Beach, Florida and codified by Municode.
The sections of this ordinance may be renumbered or re -lettered to accomplish such intention,
and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 7. That this ordinance shall take effect 10 days after passage on second
reading.
PASSED on first reading on 't t-k6LY'�,' 2024.
PASSED AND ADOPTED on second reading, on 9 2024.
First Reading:
Motionby:
Second by:
Second Reading: I
Motion by: aorry le-,na- �-hnte-�
Second by: Wu' 'L 9
4,
FINAL VOTE ON ADOPTION: Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
17 ORDINANCE #2024--()?-,C
ATTEST:
ELORA RIER,
CITY CLERK
APPROVED AS TO FORM AND CORI CTNES'
I .
18 ORDINANCE #2024-