ORDINANCE NO. 2016-007
CITY OF DANIA BEACH
Agenda Request Item
Type of Request: Adopt Ordinance (2nd Reading)
(Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading)
Award Bid /RFP, Presentation, Public Hearing)
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Requested Action (Identify appropriate Action or Motion) |
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE “LAND DEVELOPMENT CODE”, OF THE CITY’S CODE OF ORDINANCES BY AMENDING ARTICLE 105, “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS,” CONCERNING COMMUNITY RESIDENTIAL HOMES AND RESIDENTIAL CARE FACILITIES; AMENDING ARTICLE 110, “USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS,” CONCERNING CERTAIN PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES AND USE REQUIREMENTS; AMENDING ARTICLE 115, “INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE,” TO AMEND THE SCHEDULE OF PERMITTED USES; AMENDING ARTICLE 225, “INTERSECTION VISIBILITY STANDARDS,” CONCERNING OBSTRUCTIONS; AMENDING ARTICLE 265, “OFF-STREET PARKING REQUIREMENTS,” CONCERNING SINGLE FAMILY AND DUPLEX DRIVEWAY REQUIREMENTS; AMENDING ARTICLE 302, “DETAILED USE REGULATIONS,” CONCERNING PERMITTED AND PROHIBITED USES IN CERTAIN SPECIAL DISTRICTS; AMENDING ARTICLE 303, “DISTRICT DEVELOPMENT STANDARDS,” CONCERNING DEVELOPMENT STANDARDS IN THE CITY CENTER DISTRICT AND AMEND THE HEIGHTS ZONES MAP; AMENDING ARTICLE 305, “INCENTIVES,” TO RELOCATE INCENTIVES FOR PUBLIC PARKS; AMENDING ARTICLE 511, “INDUSTRIAL DESIGN STANDARDS,” CONCERNING THE APPEARANCE OF CERTAIN GLASS WINDOWS AND DOORS; AMENDING ARTICLE 605, “GENERAL APPLICATION REQUIREMENTS”; AMENDING ARTICLE 640 “PLATS,” TO REVISE THE PLAT APPROVAL PROCESS; AMENDING ARTICLE 720 “PLANNING AND ZONING BOARD,” TO REVISE THE BOARD’S DUTIES; AMENDING ARTICLE 805, “CONCURRENCY DETERMINATIONS,” CONCERNING RECREATION AND OPEN SPACE CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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Description of Action |
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1. To remove the Neighborhood Residential zoning district from the list of districts permitting community residential homes, type 2, eliminating conflicts; Section 105-170 and Section 302-10.
2. To add bail bond use as a conditional use in the City Center and East Dania Beach Boulevard-Mixed Use, Commercial (C-3 and C-4), and Industrial (IROM, IROM-AA, IROC, IRO, IR and MA-1) zoning districts with conditions; Section 110-20, 110-310 and 302-10.
3. To add wine to the distance separation requirement exceptions; Section 110-50.
4. To add an exception to the intersection vision regulations requiring the City Engineer approval; Section 225-10.
5. To allow residential driveways for single family and duplex homes to be gravel, Section 265-100.
6. To allow office use on the ground floor in the City Center core; Section 303-40.
7. To allow three-stories by right and up to an additional three-stories with incentives at the north end of the City Center zoning district; Figure 303-10.
8. To require minimum glass on all facades of buildings in the Industrial Design Standards; Section 511-30.
9. To require a traffic study for developments that would generate in excess of fifty (50) gross peak hour trips; Section 605-30.
10. To require payment of recreation and open space impact fee, when payment is determined not to be feasible or appropriate, the developer shall dedicate land; Section 805-110.
11. To allow plats to be approved by resolution, Article 640.
12. To reorganize the public park incentive regulations, Section 305-20.
On September 14, 2010, the City Commission approved the City’s new Land Development Code (LDC) referred to as OneCode. As staff continues to use the new regulations, scrivener’s errors, inaccuracies and vague, imprecise or ambiguous language begins to emerge, some of which staff is proposing to address at this time. In addition, over time any set of regulations becomes antiquated unless periodically updated.
On February 9, 2016 the City Commission failed to move the motion for this text amendment. Since then staff has removed all amendments related to pawn shops and made changes to the bail bond use as discussed below.
The following amendments to the Unified LDC are proposed:
To remove the Neighborhood Residential zoning district from the list of districts permitting community residential home, type 2, eliminating conflicts with other provisions of the LDC.
To add bail bond use as a conditional use in the following zoning districts: · City Center (not on Federal Highway); · Industrial (IR, IRO, IROM, IROM-AA, IROC, MA-1).
The proposed conditions of use are as follows: (A) Be separated from any other bail bonds use, existing or approved, by two thousand five hundred (2,500) feet, measured from the proposed establishment to the existing establishment; (B) Not be located on property fronting Federal Highway; and (C) Be located a minimum of five hundred (500) feet from any property zoned for single family residential use, measured from the proposed establishment to the property line of the residential use or zoning district boundary.
All distance separations shall be measured from business location.
This request is being made at the request of a member of the public.
This text change will add wine to the distance separation requirement exceptions. Currently only beer is listed as an exception.
This amendment will add a third exception to allow other obstructive materials within the intersection visions subject to maintaining the required sign visibility as approved by the City Engineer.
To allow residential driveways for single family and duplex homes to be gravel. There are many gravel driveways in existence today, that are considered non-conforming. It is also the hope that gravel driveways will discourage the use of the swales as parking.
This amendment will allow office use on the ground floor in the City Center core. Today office use on the ground floor is prohibited.
This amendment would change the permitted heights at the north end of the City Center zoning district from two (2) stories by right and two (2) additional stories with incentives, to three (3) stories by right and three (3) additional stories with incentives. This request is being made at the request of a member of the public.
The LDC currently requires minimum glass on the front and side facades for corner properties. This amendment will require the same minimum standards to apply to all properties.
The amendment proposes to increase the threshold requiring a traffic study on projects from twenty-five gross peak hour trips to fifty (50) gross peak hour trips. This request is being made at the request of a member of the public.
This amendment will require payment of a recreation and open space impact fee instead of requiring land. When payment is determined by the city to be unfeasible or appropriate, the developer shall, in lieu of payment, dedicate land. The amendment will also eliminate the private recreation credits that developers were previously able to claim, thereby reducing the dedication required from them. This was the intent of the 2014 Recreation and Open Space Impact Fee Study and subsequent amendments.
This amendment will allow plats to be approved by resolution. Today plats are approved by ordinance.
This amendment will reorganize the public park incentive regulations to create a new section as currently referenced in the incentive table in Section 305-20. This amendment was not previously discussed.
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Purchasing Requests ONLY |
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Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) |
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Fiscal Impact/Cost Summary |
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Exhibits Attached |
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Ordinance Staff Report Application |
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