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Home My WebLink AboutR-1996-008A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; RELATING TO LAND USE; CONCLUDING THAT A PROPOSED RESIDENTIAL WORK RELEASE FACILIry IS NOT AN APPROVED USE IN A B-3 ZONING DISTRICT; APPROVING A MORATORIUM ON BUILDING PERMITS FOR DETENTION FACILITIES FOR A PERIOD OF SIX MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTIONS lN CONFLICT; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, by Administrative Order No. lll-95-C-1 1, the Honorable Dale Ross, Chief Judge of the Seventeenth Judicial Circuit Court authorized the Sheriff of Broward County, acting as the Broward County Chief Correctional Officer, to classif,7, assign and transfer at his discretion certain specified post-conviction county misdemeanor and second and third degree felony inmates to any Detention Facilities; and, WHEREAS, Detention Facilities includes residential work release facilities; and, WHEREAS, Wackenhut Corrections, lnc., proposes to establish a 416 bed, non- secure residential work release facility at a location known as the Crossroads lnn, located at 2460 State Road 84, and the facility will be owned and operated by Wackenhut Corrections, lnc.; and, WHEREAS, the location for the proposed 416 bed work release facility is in an area that is zoned B-3 (general Business District) that was annexed by the City of Dania from unincorporated Broward County; and, WHEREAS, the City Commission, by Ordinance No. 33-91, adopted the Broward County Zoning Code and made the provisions of the code pertaining to authorized land 1 RESOLUTION NO. 08-96 uses and development requirements and restrictions applicable to the annexation area, subject to the conditions and limitations contained in the ordinance; and, WHEREAS, by letter dated November '15, 1995, counsel for Wackenhut Corrections, lnc. contends that the proposed work release facility is an authorized use under the Broward County Zoning Code as either ('t ) a "hotel, motel, rooming or boarding house", or (2) "a public use permitted under the zoning regulations," which is allowed in the zoning district; and, WHEREAS, counsel for the City of Dania contends that the proposed work release facility is not an authorized use for the reasons stated in his January 15, 1996 memorandum; and, WHEREAS, the City Commission is further concerned that the location of an additional detention facility in the city, specifically a 416 bed, non-secure residential work release facility, creates genuine additional public safety concerns which must be identified and addressed before a building permit is issued for the facility; and, WHEREAS, the City Commission desires to undertake an analysis of the additional security needs created by operating a non-secure residential work release facility at this location, and to identify funding sources to meet such additional security needs; and, WHEREAS, the City Commission desires to establish a building permit moratorium, applicable to detention facilities, for a period of time not to exceed six months, unless further extended by the commission, during which to analyze, evaluate, determine the need for additional security measures and secure funding for those 2 RES.NO. 08-96 measures. WHEREAS, true copies of Administrative Order No. lll-95-C-1 1, Ordinance No. 33-9'l , Wackenhut counsel's November 15, 1995 letter, and the City of Dania's counsel's January 1 5, 1996, memorandum are annexed and made a part of this resolution; and, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. The Whereas clauses are incorporated and made a part of this resolution. Section 2. Based on the advice of its counsel, the proposed residential work release facility is not an authorized ('1) "hotel, motel, rooming or boarding house", or (2) "public use permitted under the zoning regulations," which is allowed in the B-3 zoning district. Section 3. Regardless of the foregoing determination, a building permit moratorium is hereby established. No application for the city plat approval, site plan approval, or other action having the effect of approving any detention facility, whether the facility is owned and operated by Broward County, or by a private provider, shall be accepted by the city for the term of this moratorium. The moratorium shall be in effect for a period of time not to exceed six months unless further extended by action of the city commission. Section 4. The city manager is directed to prepare, and recommend to the city commission, a work plan and time schedule for undertaking a security needs analysis, and securing necessary funding, for any additional security measures necessitated by the location and operation of such a facility. The city commission will act on the city RES. NO. 08-96 J ATTE manager's recommendations forthwith. The city manager is also authorized to communicate with representatives of the Broward County Sheriffs Office, Wackenhut Corrections, lnc., and others, to accomplish the work plan within the approved time schedule. The city manager will request such city commission workshops and meetings as may be necessary. Section 5. lf any section, clause, sentence, or phrase of this resolution 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 resolution. Section 6. All resolutions or parts of resolutions in conflict with the provisions of this resolution are hereby repealed. Section 7. This resolution shall take effect immediately at the time of its passage. PASSEDANDADOPTEDThis 16th day of January, 1996. APPROVED: 6.2/ p*L- City Clerk APPROVED FOR FORM AND CORRECTNESS: Mayor'- C6[nmissioner 4 Frank C. Adler, City Attorney RES. NO. 08-96 IN RE: PROCEDURE FOR THE CI.ASSITICATION AND ASSIGNMENT OF INMATES TO WORK RELEASE AND TRANSITIONAL INCARCERATION PROGRAI'TS WITHIN THE BROWARD COT'NTY JAIL AND OTHER BROWARD COI,JNTY DETENTION FACILITIES, AND PROVIDING DET INITIONS WHEREAS the Sherlff of maintaining detentlon facllity and IN THE CIRCUIT COURT OF TIIE SEVENTEENTH JUDICIAI CIRCUIT IN AND FOR BROWARD COUNTY, FI'ORIDA ADMINISTRATIVE ORDER NO' III-95-C-11 In accordance with the authority vested in the Chief nrr" i.oso of the rroiio" nures or Judicial Administration' Judge by and situation exists in theIIHEREAS a serious Pot'ential overcrowding Broward County Detention Facilities; and WHEREAS Broward County is subject, to a stringent- federal court rnandare limiting c"";iy-;;4"[i"n ricirity inmate caPacitvi and WHEREAS the Broward County Commlssion duly- de^s-i-grrated -the Sherlff of Broward county as the ciret correctionil offlcer fox Broward county, Pursuant to-S..tio" 951'051' ftorida Statutes' and Section ie-orl Br:oward county code; and countv ls responsible for and einsurlng Publlc safetYiBrowardsecuritY WHEREAS Lt is necessary and ln the administrative procedures to pe:'mlt - the i.ii"g as the chlef correctlonal otfLcer 'ina-etfectfvely exercise the lawful duty the various Broward County Detentlon prograns, NOW rHEREFORE, lt is ORDERED that: publlc interest to establlsh- Sherlff of Broward county, io rnost efficlentlY, safelY of operat!'ng and malntalning raciif t:.es ind corectlonal l.ThesherlffofBrowardcounty,actlng.astheChlefCorrectional Officer, is hereby auttrorizl'a to claislfy, - asslgn and transfer at hls dLscretlon all post-corrt l.iiorr, fully county sente[ced mlsdemeanor and """."a --u"J 'trtrra a&ree -felony Browald county Detention Faclllty '1-n "t"" --to - any o-f the varlous - Broward county Detention Facillties, subject to t-tre -oitrer provislons of thls adElnistratlve orcler, including tle timttations contained below 1n oaraoraDhs 6,7 and d,' ."J-""GsJ otnerwii. ip"trrr"a ln writlng ln the -"""i6".i"g order by the sentencing judge' 2. "Broward c;;;ty ;"aen€i5tt Facirity' " as used in this "a^iii=11i1i-5-"'"""":tlel:,*""'"","1"I."'no"1lrtJ"iiltir&")lt"'o3l?'5tfl 3; transitlonal incarceration Program, secured or non-secured' wherever Iocated, except any- rnunic:.lal- detentlon facillty, u.s9d .by Broward County for thL detintion oi persons charged or convicted of either felony or misdemeanor crimes . 3. "county Residential Probatlon Facl11ty" as "::d ln this iamrnrlt."tive order, shall mean any county-operat-ed or contracted for detention facllity, secured or non-securel including but^not linlted a;-;t facillties-.rrd ptogt.ts specir-ied in Chapters .33-9 and 33-35' Florida Administrati". t"d", houjing ful1y county. sentenced offenders iE-i"g misdemeanor or felony sentences ind providing or contracting ;;; tie provision of ani work release program' transitional incarceration program, educationat program, substance abuse rehabilitation prog?am, or any other prbgram .specifled in section gii.zzt, Floridl 5iatot"". o,,i Patien' drug treatment facilltles' ;;;;;;y'the offender resides at lome, are not included within this definition. 4. "Broward County Jail, " as used in aII judicial sentencing orders 'shall mean "rry aroor..d Cbunty Detention facllity, unless .(1) othe*'ise "ir".iri.a in writing in the'sentencj.ng order by the sentencing judge ;;- (r)- unless otfreiwile restricted b! other provisions. within this adminlstratfve oroei,--incfuaing the iimitations specified below in paragraPhs 6, 7, and 8. 5.,.workReleaseProgram,''asusedinthisadministratlveorder,shallmean a program t-or fu1ly county sentenced offenders serving nisdemeanor or f.io"y -""tt€.tt".t in a Broward county Detentlon Facllity, whereby sai-a offender, pursuant to judlclal sentencing older, thls administrative order and at the dLscrLtion of sheliff of Broward county, i= !-.i"1"a irre prtvilege to }eav: th9--t-olfines of a ;;;;tt- a-"Etdio" ficllitv duri-ng nec6ssary and reasonabre hours' ."[j"lt i"-ttt" ru:.eiana iegulatl6ns prescriLed by the court' to Y'ork at paid employment, conduct -hls or hei own business or Profession' or partlclpate in an educational or vocatlonal training program' vrhile contlnuing as an imrJe of the Broward County Detenlion Facility in whlch he or she shall be confined excePt durlng the period of hls or her authorized release- 6. "transltional IncarceratLon Programr " as- used Ln this admlnlstrative order, shall mean ; transitlonal' supervlsed'' rehabllltatlve program, for fu1ly countv sentenced offenders servlng misdemeanor or fero-ny' """i."t"i, whereBy sald offenders' after the sherlff of Brovrard Lot"iv i"t.*ir,"" rhad sald offender does not pose a substantiaf = ecur-ily - i'nJ safety rlsk to the community,- is Sr11t!?d tt"-p.i"ir.ge to leavle the confines of a county detentlon facllity durlng necessary and reasonable hours, subjec€ to llt rules and i.qo-iitio"" preScribed by the courr, to wo-rk at paid enplo14ent, conduct his or her own business or profession, or partlciPate 1n an educationaL o o".iiot a1 training -program, while continuing as an inmate of the Broward county Detention -racillty in which he or she shalI be confined .*Epi auiing the Period of iis or her authorized release. An offender shal.l only be .iigiUt" for- the privilege of i"!i1".."i i"t" the Transitionil Incarc-eration Program during the final sixtv fOOt days of his or her county detention .flcj-1.1:{ fransitional Incarceration Program if either: (1) the sentencing judge specifically prohibits said oifender from Transitional IlcarceratLon nlogram ' ef i!:.iif ity in writing in the sentencing order,- ol (2) the of fencler.s total Broward County Detention Facility incarcerati.on sentence is sixty (60) days or less. 7. A Browaral County Detention Facility inmate shal1 be eliglble for piacement into the work Release Progiam, Transitional Incarceratlon ;;&;; or othe! """"iv residential -Probation program -onlv lf said inniie is, (1) tuffy to'unty sentenced and (2) has local tles to the community. S.ABrowardcountyDetentionFacilltyinmateshallbeineliglbleforpiu"..""t into th6 work release program, transitional . incarceration ;;&;;, or other """"iv residentGl -probation proglam -if the sheriff of Broward County, as tire Chief Correitional officer' determines that said inmate: (a) has oPen charges or detainers;(b) was "r"t aotri"ted of sexual battery or other vLolent sexual offense i(c) was ever convicted of any violent crime(s) that would cause in6 it*"t. to be considered i threat to the communityi (d) has a severe mental or physical disability which renders progran participation unreasonable; i " 1 'pt".r-ioos Iy 3scaped from any jail, prison.or work release ii5gi"., or "6sconald from a pieiious -ommunity control (house arrest) sentencei [ij "*itroited poor conduct while serving as an inmate in any Sr6wara County Detention Facilityi (g) was previously revoked from the work release program' transitional lncaiceratlon program or other county residentlal probation progrir-d"" to drig 5r alcohol violations and has not successfully completed a recovery Programi or (h) severe, recent criminal history' 9. The provisions of this order are purely dlscretlonarir' no sentenced violator/priionei has the "Rightn to partl.:i pate ln thls program. Hls./her p.it-i.-.-i-l"t1on i" " priviiege, grinted Uy tfre sheriff of Broward County- 10. This is a temporary transittonal order and shall remaln in effect for a peliod of """ 'tii V"it, and then expires unless othert"ise extended by order of this court. DONE.AND ORDERED ln tfrfs O7[qaav of November, Fort Laudeldale, Bro$tard County, Florlda on lseter-e noss ATRUE COPY ll8{ 27 i?,i5 (Crlm. Disk #4t) DALE ROSS,Chief Judge oRDTNANCB lto. 33-91 BE PIORIDAs AII.-ORDTNANCE Or TUB CtfY OP DAIIIA. IIORIDA,llg_p:ING rrB zoNrNG REGuLArroNs '6r- iiijiei6coulrry, pr.cRrDA. As AHENDED rnnoucc supiiExl;ii19:__93, rlarcn sE lrJ lrpr,i ro rre nAviii66i;lcR:lrrN RoAD erNgxso lrEls; pnoirioiii; '-i5n CODITICATION; AND pnOvrOtnC rrnr- eiiloRDrNrNcEs oR pARrs or onorNaxcei'- lxo riiREsoLurroNs oR pARrs or nesoLuroii! "iico rLrcr BBREwTTE BB REpEALED ro tr*e Bxipur 6isucB coNptrcr; rro pnovroinc ron ex iiiedirGDAIE. II ORDAII{8D BY THg CIrY COI.I}IISSION OF THE CIEY OP DANIA. 4 :1., irilil '.; ) ion 1.fhat the zoning regulations of Bro.,rard County,llorida, as a'cnded through Suppl.aent !ro. G3, be ard the sa.oe areh.reby adopted by r€ference, whlch lhalt apply to the Ravenswood_crllfin Road anncxcd a!ea!. Sectlon 2.that a truo eopy of srid zoning regulatlong ofEror{rrd Couaty. florida, signed on the cover page thereof by theEayo! and the groetb e-nage,ant director lor identiflcstion, sharlbe kept in r tecured file in the office of the grgr.th Dan.g€EentdLrector irith a dupllcrte copy, rith si.gnatures, to be on fi.Le inthe Offiqe of the City Clerk. Seation 3.It is the inlention of the Oania CityCoEoissioners th.t the provirions of this ordinancs shal,I becotreand be lrade a part of the City of Dania Codei and that tbeacctl.n' 0f th1" ordlnance .oy be renu'bered or rerectered and. thettord nordinance,, may be changed to ,,section,. darticle," or suchother approprllte word or phraso in order to accompLish suchinten:ions. Ordinance No. lta ID Sectlon {. fha! .J,l ordinance! cr p6rta of ordin nqes .nd lll rerolutl,onr or parts of relolutlon, in conflict hereritl be rnd th. ldEe are hereby leperled to the a:tent o! luch Conflict. Sectlon 5. ?hat tht! ordlnanc! lhal,l b! ln force ard talc etfect, l@edlctely upon lt! flnal pcllaga and rdoptlon. PISSED rnd ADOpTED on Flrst Readlng on the fu dly of August , 1991. PASSED and ADOPTED on second and Flnal Readlng on the llth day of SepteDbaa , 1991. ATTBST: -A APPROVED AS TO FORX rtD CORRBC?NBSS By! ty Cldinance No.1t-o1 YOE ;s r()NEI cr!orlolI} ECIGRT SEAMANS G{ERIN & h bt tuddlc Bora Ralon Mirr i Tollch4ss.t Arrsl,!ryh HdrrithN, _ 14,iirl.L\'tun Boslon Hon. Fnok Adler City Auortrey City of Dania lOO W6t Dania Beach Blvd. Dania, Florida 330O1 Re: Wac.kenhut Corrections CorP' Deat Frank: November 15, 1995 JEFFREY s. slNIAwsKY 9541 168-5343 On bebalf of our client, Wackenhut Corrections' thank you for t'king the time to meet ;i,h; "t November 13, 1995' As we discussed' Wackenhut has been selected by thc Broward sheriffls offic€ to provide 300 "beds' for a work release program intended to i" a p"rt of rc Sn"riffs overall conectioDs Program' The institution of the work release ;;;fi ; a cooPenrtive effort of the s*riff' the counry and the Broward County judiciary. Under the program, eligible uou-violent seurenced offenders will be assigncd io *oi[ r"r*" in an alternadve, Lrununity based residential facility from which they *, t" a their respective jobs and reorn after work' Residens wiil receive counseling ; ;;g while not at work. The facility itself will be noruecure rrith rhe extcrior appear:tncc of a landscaped motel, but without signage' As a result of its contract with BSO, Wackenhut has selected the Choice Inn on State nita aa ., the site of the work release ccnter. The proPerty is curreutly in a run down condition. Wackenhut Ptans on spending in excess of $3 million to refurbish and upgrade the smrGure. All surrounding residential property was acquired approximately five years ago by the Coumy and is uoocorpied' fnc onll aa.jalnr use is another motel whose oin i *.1"o... Wackenhut's upgnding of &e Choice Inn' We researched the applicable 2sning of the Choice Ino site reflected in the Wackentrut/BsOcontractaDdfoundttrattheproposeduseconformsS6penie'526ning ;"gJ;;. The property had becn within unincorporated Browatd Counry uotii it was annexcd by the City several y*ot tgo' As part of the annexation' the City enaaed ordinancc33-glinwhichtheCiry-adoptca-BrowatdCounty'szoningregulations govemiug this and other proPerties annexed by the City' The Choice km site is zoncd 83 under the City's adoption of Counry zoning' Under these zoning regulations' in addition to the expressly permitted uses in a 83 district' any use permitted in a B 1 .or 82 ilj]; aso per-ittea in a 83' A 82 district allows for a hotel' motel' rooming or ;;;;g house, consistent with the proposed residential use' Please note that residenls will be charged to stay on the premises' fid Fod bud.tdrh PhE lN Norlhr,4 ntinl Aocnu. for'' t ud.',daL, FL $nl Tclcfiar j051523440o Foainiki06,152'}N)2 Ecrgrs"on**o#o*EEBryroE Novernber 15, 1995 Fra* Adler, Gty Anomey Page 2 A 82 district also expressly allows for ccrtain uoncommcrcial uscs, including public uscs. The opcratiou of this resideBtial center pursnant to a contract with thc Shcriff as pan of the Shcriffs overall corrections program ,nrl as authorizcd by thc couns?nd thc Counry is a public use permiced under thc zoning regularions. It is intcoded tbat the Sheriff will bc acting through Wackeohut iu thc opctation of this --iqortant component of thc ShcrifPs correctiou progrdn, ooc of thc most fuDdaEcotal aspects of governrneal arlminicg2li6q of the criminal justice systcm. As such, thc work release ceoter is a public purpose and usc, is permiued within the 2sning regulatioDs goveraing the Ctoice Inn sitc and no action is required on the part of the City Commission to approve Wackenhut'5 115s ef this property. You confimted that when the zoning fits the intended use, no City Commission action is required. Again, thank you for taking the time to meet with us. Should you have any qustions concemiug the above, please do not hesitate to contect us. With best regards, we remain Very truiy yours, . Sinia ky SS Encls George Zoley, Wackenhut Corrections Susan McCampbell, Director of Corrections, BSO Petc Corwin, Assistant Counry Administrator John Copelan, Coulty Attorney Chief Judge Dale Ross (