HomeMy WebLinkAbout2025-01-25 Planning and Zoning Board/Local Planning Agency Agenda Packet
CITY OF DANIA BEACH
PLANNING & ZONING BOARD/ LOCAL PLANNING AGENCY – AGENDA
CITY COMMISSION CHAMBERS/ CITY HALL
100 W DANIA BEACH BLVD
WEDNESDAY, JANUARY 15, 2025 – 7:00 P.M.
-
I. ROLL CALL
II. SWEAR IN BOARD MEMBERS
III. APPROVAL OF MINUTES
1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from
September 18, 2024, regular meeting.
IV. PUBLIC HEARINGS
1. TX-039-24: The applicant, the City of Dania Beach, is proposing an amendment to the
City’s Public Art contribution.
2. TX-040-24: The applicant, the City of Dania Beach, is requesting several text
amendments to the City’s Code of Ordinances, Land Development Code (LDC).
V. BOARD ITEMS
1. City Commission actions on items previously heard by the board:
• None
2. Upcoming meeting dates: February 19, 2025
VI. MEETING ADJOURNED
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 BE BASED.
LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST
SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER.
REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019)
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA
BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS, WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY - MINUTES
CITY COMMISSION CHAMBERS/CITY HALL
100 W. DANIA BEACH BLVD.
WEDNESDAY, SEPTEMBER 18, 2024 – 7:00 P.M.
I. ROLL CALL
The meeting was called to order at approximately 7:00PM by Chair Robertson. Board Clerk Ibel Larios
called the roll. Discussions/actions notated below were not limited to what was typed.
Chair W. Quin Robertson, PhD, GISP Present Eve A. Boutsis, City Attorney
Vice Chair Luis G. Rimoli Present Corinne Lajoie, AICP, Deputy Dir Comm Dev
Board Member Deborah Bell Present Claudia Viviana Batista, PZ Senior
Board Member Derrick Hankerson Arrived 7:02PM Jessica Mackey, Planner
Board Member Morris Stowers Present Andrea Sandoval Perez, Associate Planner
Ibel Larios, Board Clerk
Motion was made by Vice Chair Rimoli to excuse Board Member Hankerson’s absence tonight and was
seconded by Board Member Stowers. Motion passed 4-0. (For the record, Board Member Hankerson’s
arrival was acknowledged a little later on and this excusal was no longer necessary.)
II. APPROVAL OF MINUTES
1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the
August 21, 2024 regular meeting.
Motion was made by Board Member Stowers to approve the minutes of the meeting of the Planning and
Zoning Board/Local Planning Agency for August 21, 2024, as presented and was seconded by Vice Chair
Rimoli. Motion passed 4-0.
III. PUBLIC HEARINGS
1. VA-030-24: The applicant and property owner, Wanda Martinez, is requesting a variance
for the front setback encroaching for the property located at 4649 SW 35 Ave.
Planning and Zoning Board/Local Planning Agency Minutes 2 September 18, 2024
City Attorney Boutsis swore in anyone who would be testifying/speaking on this and the next agenda item.
She also called for board member (ex-parte communication) disclosures but there were no disclosures.
PZ Senior Manager Batista gave a PowerPoint presentation on the proposed variance for the single-family,
homesteaded property that was the applicant’s primary residence. The site is 13,000 square feet in area
with 6,000 square feet being the minimum size requested for this district (RS-6000). The owners would
like to build a two-car garage, and the required front setback was 25 feet, but they were proposing 21 feet.
The Manager explained the condition of approval which was to provide a recorded deed restriction
memorializing in perpetuity that the proposed structure was for accessory purposes only (garage) and not
intended to be used for living purposes prior to Certificate of Occupancy issuance. She showed the survey
of the property depicting the location of the detached garage which was harmonious with that area. Staff’s
analysis for each variance criteria was provided in the Staff Report. The Applicant has provided sufficient
justification demonstrating compliance with the approval criteria to meet the requirements of the Code.
The Applicant sent out letters and received support from his immediate neighbors. The City did not receive
any objections to this project. Staff was recommending approval of the resolution providing the Condition
Of Approval was completed prior to the issuance of the Certificate of Occupancy. There were no Board
questions, and the Chair opened the floor for public comments but there were none. The Chair asked the
property owner if he would approve this request for variance for all his neighbors. Both Jerry Lenn, spouse
of Wanda Martinez, and Wanda Martinez were at the podium. Mr. Lenn testified that he would approve
this project for others as there were other detached garages in the neighborhood.
Motion was made by Board Member Stowers to approve this agenda item (VA-030-24) and was seconded
by Vice Chair Rimoli. Motion passed 5-0 (Board Member Hankerson was in attendance.)
2. VA-032-24: The applicant and property owner, 250 South Federal LLC, is requesting a
parking variance for the property located at 250 S Federal Highway.
City Attorney Boutsis called for board member (ex-parte communication) disclosures but there were no
disclosures. Those who requested to speak on this item were previously sworn in. She acknowledged the
previous arrival of Board Member Hankerson who was in attendance and no longer excused.
Planner Jessica Mackey introduced herself as the new planner and gave a PowerPoint presentation on this
parking variance request starting with its existing zoning of South Federal Highway Corridor Mixed-Use
District (SFED-MU). She explained that the Land Development Code required 27 parking spaces. The
applicant requested 19 parking spaces for the Gasper Arts Center and the planner explained that one parking
space was eliminated for the monument sign. The sign would not take up a whole space, so the applicant
proposed providing bicycle/scooter/motorcycle parking. She said that parking was not addressed when the
Certificate of Use (CU) applications were submitted.
There were 27 studios and 3 workspaces for this property. On June 23, 2022, CU-22-135 was issued for
art and gallery use. She spoke about the existing site plan. She pointed out other modes of transportation
accessible to the site and there were two site visits to evaluate parking occupancy. Overall, the parking
demand proved to be low. For the variance criteria, the applicant has provided a justification statement
addressing how the request was consistent with each criterion. Staff’s analysis of each criterion was in the
Staff Report. She said that this application supported the City’s Strategic Plan and Comprehensive Plan.
The applicant conducted a virtual community outreach meeting on July 31, 2024. The City received a call
from a neighbor expressing concern about parking, especially if there were major events. Staff recommend
approval of the resolution with conditions: 1. bicycle/scooter parking to be provided, 2. attendees of major
events were to be informed about additional parking in the municipal garage, and 3. the property address
to be included in the base of the proposed monument sign.
Chair Robertson asked if there were parking problems in the past. Scot DiStefano said he was a registered
architect and an agent for 250 South Federal LLC. To his knowledge, he did not know of any parking
Planning and Zoning Board/Local Planning Agency Minutes 3 September 18, 2024
issues. Adjacent properties park at Gasper Arts. He answered the Chair with the names of properties that
tend to use the parking lot. He pointed out that the neighbors tend to work with each other. Board Member
Hankerson spoke about businesses that did not have the required parking spaces. He explained that they
would come to an agreement with neighboring businesses and submit their agreement to the City. He asked
Mr. DiStefano if they could make concrete plans to have such an agreement. Mr. DiStefano was not
opposed to that but said they had a “handshake” agreement. He did not feel that the Gasper Arts Center
would ever have anything scheduled that would be bigger than they already had. Business has been
functioning fine with that. Board Member Hankerson asked about the classes given. He wanted to know
how many attendees were minors that did not drive. Mr. DiStefano could not answer that question as he
did not know their statistics. Board Member Hankerson asked Staff about on-street parking that was not
marked off yet. The planner answered that they forwarded the request to Public Services. Deputy Director
Lajoie explained that the applicant was inquiring about additional, potential on-street parking. She said
that as of today, the property already had six on-street parking spaces adjacent to the parcel. Board Member
Hankerson asked how they got a Certificate of Occupancy (CO) without addressing adequate parking and
Director Lajoie explained the oversight. Vice Chair Rimoli asked about the difference in spaces between
27 and now 19 with only one being used for the monument sign. Deputy Director Lajoie explained why
this was technically, erroneously approved. They were short on parking from the beginning. Now with
their taking one more space away for the monument sign, the City was bringing the whole site into
conforming with the Code by the requested variance. The Vice Chair mentioned that he went to this
property for some events and never encountered any parking problems. The Chair called for any
questions/comments from the public but there were none. There were also no other questions/comments
from the Board.
Motion was made by Vice Chair Rimoli to approve agenda item (VA-032-24) and was seconded by Board
Member Stowers. Motion passed 5-0.
IV. BOARD ITEMS
1. City Commission actions on items previously heard by the Board:
• None
2. Upcoming Meeting dates: October 16, 2024
• Cancelled as there were no items (10/16/24 - canceled)
• The next meeting would be November 20, 2024, and there were items for that meeting.
Deputy Director Lajoie spoke again about the new Planner Jessica Mackey and Associate Planner Andrea
Sandoval Perez. Board Member Hankerson spoke about the November elections and terms ending for the
Board. Deputy Director Lajoie said that there was a grace period whereby a board member could remain
on the board until the new Commission got settled and made their appointments.
V. MEETING ADJOURNED
As all business was finished and without objection, the meeting was adjourned at approximately 7:22PM.
ATTEST:
_______________________________ ___________________________________
IBEL LARIOS CHAIR W. QUIN ROBERTSON
BOARD CLERK PLANNING AND ZONING BOARD/LPA
(Date) (Date)
For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a
file of the meeting by calling Ibel Larios at (954) 924-6805 X3792 or emailing ilarios@daniabeachfl.gov.
ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY’S PUBLIC ART FEE IMPOSED
ON DEVELOPMENTS, BY AMENDING CHAPTER 28, ENTITLED THE
“LAND DEVELOPMENT CODE” AT SECTION 811 -50, “APPLICATION
PROCEDURES FOR PLACEMENT OF ART ON PRIVATE PROPERTY,” AND
SECTION 811 -70. ENTITLED “BUILDING PERMITS”; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission created a Public Art Advisory Board to assist the City
on the use of public art funds and help select artists and art works;
WHEREAS, in 2019, the City Commission adopted the Public Art Process and fees; and
WHEREAS, the fees were set at a half of one percent (.5 percent) for the public art pay
fee based upon total construction costs; and
WHEREAS, the fee for partial public art and partial placement of art on site was set at
one-quarter of one percent towards the fund; and an additional of a quarter of one percent toward
the on-site artwork based upon total construction costs; and
WHEREAS, the current industry standard is between one and two percent for other public
art fee programs in the State of Florida; and
WHEREAS, the Administration recommends increasing the public art fee to one percent;
and the installation of art on private property fee to be a half of a percent (.5%) towards the fund;
and another .5% towards the public art placement on private property; and
WHEREAS, the maximum payment cap of $250,000 is not being adjusted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article 811 entitled the “Public Art Program,” is amended as follows:
2 ORDINANCE #2025-
CHAPTER 28
LAND DEVELOPMENT CODE
PART 8 – TECHNICAL APPENDIX
* * *
ARTICLE 811. PUBLIC ART PROGRAM
* * *
Sec. 811-50. Application procedures for placement of art on private property.
* * *
(F) A payment of 0.25% one-half of one percent (0.5%) towards the city's public art program to
be deposited by the city in the public art fund; and a payment of 0.25% one-half of one percent
(0.5%) , which is to be held in escrow to ensure that the developer complies with the public
art program requirements for placement of public art on private property as required by section
811-70(2). The city manager is authorized to return escrowed funds to the developer if the
developer has complied with all the requirements of section 811-70(A)(2)(iii).
* * *
Sec. 811-70. Building permits.
(A) Prior to issuance of a final building permit, the applicant or developer for projects subject to
this article shall be required to comply with one of the following:
(1) In-lieu public art fee. Pay one-half of one percent (0.5%) (1.0%) of the cost of the
proposed development project, as an "in lieu" public art fee, with a minimum payment
of five thousand dollars ($5,000.00) and a maximum payment of two hundred fifty
thousand dollars ($250,000.00); or
(2) Combination of in-lieu public art fee and placement of art on site. Placement of art on
the site of the development project, which shall have a minimum value of one-quarter
half of one percent (0.25%) (0.5%) of the cost of the proposed development project
combined along with a one-quarter half of one percent (0.25%) (0.5%) payment of an
"in-lieu" public art fee. The owner shall provide documentation to the city that the art
fee has been deposited into an escrow account for said purpose prior to the issuance of a
building permit. Prior to placement on the development site, the art must be approved
by the community development director or designee and conform to the adopted public
art guidelines.
* * *
Section 2. 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.
3 ORDINANCE #2025-
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 4. 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. 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 5. That this ordinance be codified in Municode.com.
Section 6. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on __________________, 2025.
PASSED AND ADOPTED on second reading on ___________________ 2025.
First Reading:
Motion by: _________________________________
Second by: _________________________________
Second Reading:
Motion by: _________________________________
Second by: _________________________________
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
4 ORDINANCE #2025-
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Order ID:7745430
Page 3 of 3
12/26/2024 7:55:43 AMPrinted:
GROSS PRICE * :$241.70
* Agency Commission not included
SSC_Notice of Public MeetingPACKAGE NAME:
ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED THE “LAND
DEVELOPMENT CODE” (LDC); TO PROVIDE CERTAIN TECHNICAL
UPDATES, CLARIFICATIONS, AND LANGUAGE CLEANUP TO THE CODE
RELATING TO GREEN BUILDING PROCEDURES, OFF-STREET PARKING,
LANDSCAPING REQUIREMENTS IN THE CRA ZONING DISTRICT,
PLANNED SMALL LOT MIXED-USE DEVELOPMENT DISTRICT (PMUD-
SU); SIGNAGE REGULATIONS, DEFINITIONS AND TERM USAGE
WITHIN THE NONCONFORMING USES, STRUCTURES, AND LOTS
PROVISIONS OF THE CODE; AND CONCURRENCY REGULATIONS
RELATING TO STORMWATER DRAINAGE LEVEL OF SERVICE
STANDARDS; PROVIDING FOR CODIFICATION, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, periodically the Community Development finds certain scrivener’s errors,
and clarifications that are needed in the Land Development Code (LDC); and
WHEREAS, the City seeks to include those edits in the LDC in order to ensure the proper
regulation of our zoning districts and to provide clarity to the residents as to the implementation
of the LDC; and
WHEREAS, the City Commission finds and determines that updating the City's Code of
Ordinances 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 is amended as
follows:
2 ORDINANCE #2025-
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
ARTICLE 206. – GREEN BUILDING DESIGN PRACTICES
* * *
Sec. 206-80. Green Design Practices
(A) The following green design practices are approved for single family dwelling, duplex and
small-scale development:
* * *
(43) dual flush toilet
Section 3. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
ARTICLE 265. - OFF-STREET PARKING REQUIREMENTS
* * *
Sec. 265-80. Off-site parking facilities.
(B) The off-street parking facilities on a lot may be utilized to meet all or part of the required off-
street parking requirements for another lot with a nonresidential use, if the uses of the two (2)
or more lots operate during distinct and separate time periods with no overlap. Examples
include a school that does not operate on weekends or religious holidays sharing its parking
facility with a place of worship that only operates on weekends and religious holidays, and a
nightclub utilizing the parking facility of an office building. If parking exists on a site in
excess of the requirements of Section 265-50, those extra parking spaces may be shared with
another site, provided a shared use parking agreement is entered into, after review and
approval by the city attorney.
* * *
3 ORDINANCE #2025-
Section 4. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
SUBPART 1. - COMMUNITY DEVELOPMENT AREA (CRA) FORM-BASED ZONING
DISTRICTS
* * *
ARTICLE 307. – LANDSCAPING REGULATIONS.
* * *
Sec. 307-20. Street landscaping and hardscaping.
* * *
(B) [Planting requirements.] Street trees shall be planted as shown in the street sections approved
by the city commission in the CRA redevelopment plan, and in the absence of an approved
section for any street with swales, the trees shall be planted a minimum six (6) feet from street
edge of pavement, and a minimum three (3) feet from the edge of sidewalk. In the absence of
an approved section for any street with curb and gutter, the trees shall be planted three (3)
feet from the face of the curb within grated tree wells a minimum sixteen (16) square feet in
area built into the sidewalk. If the existing swale is less that nine (9’) feet wide, an
administrative variance may be requested as delineated in Article 620 of the LDC.
* * *
Section 5. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
SUBPART 3. – OTHER SPECIAL DISTRICTS
* * *
ARTICLE 350.- PLANNED SMALL LOT MIXED-USE DEVELOPMENT DISTRICT
(PMUD-SU)
* * *
4 ORDINANCE #2025-
Sec. 350-40. Planned Small Lot Mixed-Use Development District (PMUD-SL) Development
Requirements.
* * *
(F) Vesting of RAC land use allocations. The approved DDG and site plan will determine the
quantity and timing of RAC land use allocations. The DDG shall also establish a date after
which unused square footage or residential units allocated from the RAC shall be returned
unless said unused allocations have already been voluntarily returned to the city by virtue of
affidavit from the officially designated agent for the PMUD-SL, or a deadline extension is
granted by amendment to the PMUD-SL by the city commission.
* * *
Section 6. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 5 – SIGNAGE AND DESIGN REGULATIONS
* * *
ARTICLE 505. - SIGN REGULATIONS
* * *
Sec. 505-160. Temporary signs.
(F) Noncommercial signs. Temporary signs are being regulated equally, ensuring the same
setback, height, and other regulations for temporary signs. The terms "temporary business,
real estate, construction, and election/free speech signs" are by way of example and are not
meant to be utilized to improperly distinguish content. This section should be constructed
consistent with Reed v. Gown of Gilbert, Arizona, 135 S.Ct. 2218 (2015). Temporary
noncommercial signs are authorized as follows.
* * *
(4) Supplemental to the noncommercial sign allowances in this subsection, during each
period that is ninety (90) days prior to an election day, as such term is defined in
F.S. § 97.021:
* * *
5 ORDINANCE #2025-
3. Temporary signs shall only be allowed for a period beginning with the
temporary activity which is the subject of the sign and must be removed
within five days from the date the temporary activity ceases. Temporary
business signs may be erected and maintained for a period not to exceed 30
days, except that the city manager may approve an extension of time for the
business to erect and maintain such signs beyond the 30 days, after the
manager finds that such extension is necessary to mitigate the impacts of
public construction on visibility of, or access to, the business. Such extension
beyond 30 days shall terminate concurrent with the termination of the public
construction.
* * *
Section 7. That Chapter 28 entitled Land Development Code” is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 7. CODE ADMINISTRATION
* * *
ARTICLE 710. - NONCONFORMING USES, STRUCTURES, AND LOTS
* * *
Sec. 710-20. - Definitions and term usage.
(A) Substantial damage. Substantial improvement shall be defined as specified in Chapter 12,
Flood Damage Prevention of the City’s Code of Ordinances. Damage of any origin
sustained by a building or structure whereby the cost of restoring the building or structure
to its before-damaged condition would equal or exceed forty-nine (49) percent of the
market value of the building or structure before the damage occurred. (Also see definition
in Chapter 12.)
(B) Substantial improvement. Substantial improvement shall be defined as specified in
Chapter 12, Flood Damage Prevention of the City’s Code of Ordinances. Any combination
of repair, reconstruction, rehabilitation, addition, or other improvement of a building or
structure taking place during a one (1) year period, the cumulative cost of which equals or
exceeds forty-nine (49) percent of the market value of the building or structure before the
6 ORDINANCE #2025-
improvement or repair is started. For each building or structure, the one (1) year period
begins on the date of the first improvement or repair of that building or structure subsequent
to the date of permit issuance. If the structure has incurred "substantial damage," any
repairs are considered a substantial improvement regardless of the actual repair work
performed. The term does not, however, include either: [Also defined in FBC, B, Section
1612.2.] (Also see definition in Chapter 12.)
(a) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(b) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
* * *
Section 8. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 8 – TECHNICAL APPENDIX
ARTICLE 805. – CONCURRENCY DETERMINATIONS
* * *
Sec. 805-50. Stormwater drainage level of service standards.
(A) Measurement of drainage facilities will be based on the water management district basin
design standards. Variations may exist for specific parcels but the overall effect of an areas
drainage system must meet established water management practices criteria.
(B) New development shall not be approved unless there is sufficient available design capacity
to sustain the following levels of service for the drainage system as established in the drainage
sub-element of the comprehensive plan:
(1) Road protection. Residential and primary streets crown elevation meet the minimum
elevations as published on the Broward County Ten-Year Flood Criteria Map.
7 ORDINANCE #2025-
(2) Buildings. The lowest floor elevation shall be the greater of the elevation published on
the Broward County One-Hundred-Year Flood Elevation Map plus one (1) foot for
residential and nonresidential buildings, or eighteen (18) inches above the adjacent
crown of road for residential and six (6) inches above the adjacent crown of road for
nonresidential buildings. For marina facilities, shall not be lower than the one-hundred-
year flood elevation plus one (1) inch.
(3 2) Storm sewers. Shall be designed using the Florida Department of Transportation zone
10 rainfall curves.
(4 3) Floodplain routing. Modified SCS routing method as established by the SFWMD "basis
of review."
(5 4) Best management practice. Efforts shall be utilized to use best management practice to
reduce pollutants entering the groundwater.
* * *
Section 9. 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 10. 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 11 . That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 12. That this ordinance shall take effect 10 days after passage on second
reading.
PASSED on first reading on __________________, 2025.
PASSED AND ADOPTED on second reading on ___________________ 2025.
First Reading:
Motion by: _________________________________
Second by: _________________________________
8 ORDINANCE #2025-
Second Reading:
Motion by: _________________________________
Second by: _________________________________
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Order ID:7745433
Page 3 of 3
12/26/2024 7:57:35 AMPrinted:
GROSS PRICE * :$265.20
* Agency Commission not included
SSC_Notice of Public MeetingPACKAGE NAME: