HomeMy WebLinkAboutO-2006-029 Marina Mile (MA-1) ORDINANCE NO. 2006-029
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING
ARTICLE 32, TO BE ENTITLED "MARINA MILE (MA-1) DISTRICT" OF
CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES, TO
PROVIDE FOR PERMITTED USES, SPECIFIC EXCEPTION USES,
REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article 32, entitled "Marina Mile (MA-1) District" of Chapter 28,
"Zoning" of the City Code of Ordinances is created to read as follows:
ARTICLE 32. MARINA MILE (MA-1) DISTRICT
Purpose.
The Marine Mile (MA-1) District is intended to allow commercial, office, light fabrication,
warehouse, marine and limited automotive uses along major commercial roads with direct
vehicular access to Port Everglades and I-595. MA-1 zoning is not intended for use in the
Community Redevelopment Area or any commercial or industrial area that abuts residentially
zoned land.
Permitted Uses.
(a) Air conditioning, carpentry, woodworking, flooring, cabinet, furniture, plumbing,
electrical, glass, marine, cloth or canvas, appliance repair shop, or related repair,
service or contractor shop when such use is conducted within a fully enclosed
building.
(b) Assembly, repair, and fabrication of furniture, home furnishings, art objects,
clothing, leather goods and jewelry.
(c) Automobile automated car washes.
(d) Automobile rental car agency(indoor/outdoor).
(e) Automobile, truck, recreational vehicle, and motorcycle sales, indoor/outdoor
(fully assembled new or late model vehicles).
(f) Automobile repair(excluding paint and body work) within an enclosed building.
(g) Bank, credit union, or financial institution.
(h) Boat repair, excluding painting, within an enclosed building.
(1) Boat sales, leasing, display, or storage of fully-assembled late model boats,
including new boat trailers; indoor/outdoor.
(j) Boarding or breeding kennel, veterinary clinic, each within an enclosed building.
(k) Business schools, colleges, and private schools.
(1) Charitable, civic, fraternal and professional organizations (including union halls).
(m) Child care center or pre-school day care.
(n) Convenience food store (without fuel sales).
(o) Courier service/package delivery.
(p) Dry cleaning or laundry, excluding self-service laundromat.
(q) Retail store, excluding used or pre-owned goods.
(r) Flooring or carpet sales.
(s) Fortune teller or palm reader, provided such use is located at least 2,500 feet from
any similar use.
(t) Funeral home or mortuary in a free-standing building.
(u) Furniture store (excluding pre-owned or used furniture).
(v) Glass and mirror shop.
(w) Gym, fitness center, or health club.
(x) Hardware, home improvement, hobby or craft store.
(y) Laboratory, medical or dental.
(z) Lawn and garden shop (indoor/outdoor).
(aa) Library, museum, or art gallery.
(bb) Marina (wet or dry stack).
(cc) Houses of worship.
(dd) Plant and produce sales (indoor/outdoor).
(ee) Personal service establishments which perform service and repair on the premises,
such as repair shops (watches, radios, televisions, shoes, appliances), tailor shops,
beauty "or barber shops, nail salons photographic studios, upholstery, and print
shops.
(ff) Pest control service within an enclosed building.
(gg) Offices (business, professional, medical or dental).
(hh) Office/Distribution/Warehouse containing at least 10% office space, provided the
architectural treatment of the building(s) resembles that of an office building,
particularly in those portions of the building(s) facing any public rights-of-way or
adjoining residential areas. This may include pedestrian scale and architectural
treatment, significant use of window and door glass, and landscaping directly
adjacent to a building; overhead doors and loading activities must be located to the
rear of buildings, within interior areas between buildings, or within interior side
yards.
(ii) Recording or broadcasting studio (music, radio, television, film) within an
enclosed building.
6j) Restaurant, fast food.
(kk) Restaurant, full service (including accessory bars or lounges).
(11) Restaurant, take-out or catering.
(mm) Retail sales within a fully enclosed building.
(nn) School, commercial (art, music, theatrical, business, technical).
(oo) School, trade or vocational school.
(pp) Swimming pool supplies and sales within an enclosed building.
2 ORDINANCE#2006-029
• (qq) Tattoo or body piercing shop provided such use is located at least 2,500 feet from
any similar use.
(rr) Tool and equipment rental within a fully enclosed building.
(ss) City of Dania Beach governmental, administrative, community, service, or office
facilities, including city water treatment facilities.
32.20. Special exception uses.
The following special exception uses may be permitted subject to special exception approval by
the planning and zoning board and the city commission as per section 10.12 of this Chapter:
(a) Automobile body shop.
(b) Boarding or breeding kennel (indoor/outdoor).
(c) Employment agency, business and professional.
(d) Hotel containing at least 100 rooms with interior loaded corridors.
(e) Live entertainment associated with a bar or restaurant.
(f) Outdoor sales or rental of new or late-model construction equipment.
(g) Self-storage or warehouse facilities containing less than 10% office space, provided
the architectural treatment of the building(s) resembles that of an office building,
particularly in those portions of the building(s) facing any public rights-of-way or
adjoining residential areas. This may include pedestrian scale architectural treatment,
significant use of window and door glass, and landscaping directly adjacent to a
• building; overhead doors and loading activities must be located to the rear of
buildings, within interior areas between buildings, or within interior side yards.
(h) Thrift shop or sale of used or pre-owned clothing, appliances, furniture, or other
household goods.
32.30. Required conditions.
(a) Unless otherwise specifically provided for in the MA-1 zoning district:
(1) Unless specifically permitted by this article, all activities, including sale, display,
preparation, and storage shall be conducted within a completely enclosed
building.
(2) Any outdoor storage of any materials (raw or finished), supplies, machinery,
equipment, components or parts, including outdoor storage of mechanical,
electrical, plumbing, telecommunication, construction equipment, vehicles and
materials, except as specifically permitted and regulated by this article is
prohibited.
•
3 ORDINANCE#2006-029
• 32.40. Area requirements.
(a) Maximum Height: 62 feet.
(b) Minimum Pervious Area: To be provided as required by Article 29 of this Chapter;
provided however, that the city commission may reduce required pervious area to 15% if the
size, width, depth, configuration, or location of a parcel makes it impractical to provide the
required pervious area.
(c) Minimum lot size: 5,000 square feet.
(d) Minimum lot width: 100 feet.
(e) Minimum lot depth: 50 feet.
(f J Yards
(1) The required yard abutting any street or public thoroughfare shall be a minimum
of twenty-five (25) feet; provided, however, that the city commission may reduce
the minimum street yard setback requirement if the size, width, depth,
configuration, or location of a parcel makes it impractical to provide the required
setback.
(2) The required yard abutting property with a "Residential" Land Use Plan
designation (or located across the street from property with a "Residential" Land
Use Plan designation) shall be a minimum of twenty-five (25) feet.
(3) The required interior side or rear yard, when not abutting a street or a
"Residential" Land Use Plan designation, shall be a minimum of ten (10) feet, or
one-half (1/2) of the building height, whichever is greater; provided, however,
that the city commission may reduce the minimum street yard setback
requirement if the size, width, depth, configuration, or location of a parcel makes
it impractical to provide the required setback.
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.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
r�
4 ORDINANCE#2006-029
Section 4. That this Ordinance shall be in force and take effect immediately upon
adoption.
PASSED on first reading on July 25, 2006.
PASSED AND ADOPTED on second reading on August 8, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST: -
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO AND CORRECTNESS:
• BY: , ._
TH m,),�U,. T40 o'
CITY ATTORNEY
5 ORDINANCE#2006-029
CITY OF DANIA BEACH #Item Agenda •g
9
Agenda Request Database
•
Date of Commission Meeting: 8/8/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) nX
Award Bid/RFP ❑ Presentation ❑ Continued from:
ORDINANCE NO.2006-029-AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE,32,TO BE
ENTITLED"MARINA MILE (MA-1) DISTRICT'OF CHAPTER 28,"ZONING", OF THE CITY CODE OF ORDINANCES,TO PROVIDE
FOR PERMITTED USES,SPECIFIC EXCEPTION USES, REQUIRED CONDITIONS AND AREA REQUIREMENTS;PROVIDING _
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Summary Explanation/Background
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Marina Mile Zoning District (2nd Reading - Text Amendment)
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Fiscal Impact/Cost Summa
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Staff Report
Ordinance (Exhibit 1)
Correspondence from Attorney Alan Gabriel
Public Hearing Notice (Display Ad)(Exhibit 2)
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
il'�i_� gat Doc
Submitted by
Larry Leeds Date
Department Director \
Larry Leeds Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
City Clerk Use r
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
ORDINANCE NO. 2006-029
• AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING
ARTICLE 32, TO BE ENTITLED "MARINA MILE (MA-1) DISTRICT" OF
CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES, TO
PROVIDE FOR PERMITTED USES, SPECIFIC EXCEPTION USES,
REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article 32, entitled "Marina Mile (MA-1) District" of Chapter 28,
"Zoning" of the City Code of Ordinances is created to read as follows:
ARTICLE 32. MARINA MILE (MA-1) DISTRICT
Purpose.
The Marine Mile (MA-1) District is intended to allow commercial, office, light fabrication,
warehouse, marine and limited automotive uses along major commercial roads with direct
vehicular access to Port Everglades and I-595. MA-1 zoning is not intended for use in the
Community Redevelopment Area or any commercial or industrial area that abuts residentially
zoned land.
Permitted Uses.
(a) Air conditioning, carpentry, woodworking, flooring, cabinet, furniture, plumbing,
electrical, glass, marine, cloth or canvas, appliance repair shop, or related repair,
service or contractor shop when such use is conducted within a fully enclosed
building.
(b) Assembly, repair, and fabrication of furniture, home furnishings, art objects,
clothing, leather goods and jewelry.
(c) Automobile automated car washes.
(d) Automobile rental car agency(indoor/outdoor).
(e) Automobile, truck, recreational vehicle, and motorcycle sales, indoor/outdoor
(fully assembled new or late model vehicles).
(f) Automobile repair(excluding paint and body work) within an enclosed building.
(g) Bank, credit union, or financial institution.
(h) Boat repair, excluding painting, within an enclosed building.
(1) Boat sales, leasing, display, or storage of fully-assembled late model boats,
• including new boat trailers; indoor/outdoor.
(j) Boarding or breeding kennel, veterinary clinic, each within an enclosed building.
(k) Business schools, colleges, and private schools. •
(1) Charitable, civic, fraternal and professional organizations (including union halls).
(m) Child care center or pre-school day care.
(n) Convenience food store(without fuel sales).
(o) Courier service/package delivery.
(p) Dry cleaning or laundry, excluding self-service laundromat.
(q) Retail store, excluding used or pre-owned goods.
(r) Flooring or carpet sales.
(s) Fortune teller or palm reader, provided such use is located at least 2,500 feet from
any similar use.
(t) Funeral home or mortuary in a free-standing building.
(u) Furniture store (excluding pre-owned or used furniture).
(v) Glass and mirror shop.
(w) Gym, fitness center, or health club.
(x) Hardware, home improvement, hobby or craft store.
(y) Laboratory, medical or dental.
(z) Lawn and garden shop (indoor/outdoor).
(aa) Library, museum, or art gallery.
(bb) Marina (wet or dry stack).
(cc) Houses of worship.
(dd) Plant and produce sales (indoor/outdoor).
(ee) Personal service establishments which perform service and repair on the premises,
such as repair shops (watches, radios, televisions, shoes, appliances), tailor shops, •
beauty or barber shops, nail salons photographic studios, upholstery, and print
shops.
(ff) Pest control service within an enclosed building.
(gg) Offices (business, professional, medical or dental).
(hh) Office/Distribution/Warehouse containing at least 10% office space, provided the
architectural treatment of the building(s) resembles that of an office building,
particularly in those portions of the building(s) facing any public rights-of-way or
adjoining residential areas. This may include pedestrian scale and architectural
treatment, significant use of window and door glass, and landscaping directly
adjacent to a building; overhead doors and loading activities must be located to the
rear of buildings, within interior areas between buildings, or within interior side
yards.
(ii) Recording or broadcasting studio (music, radio, television, film) within an
enclosed building.
6j) Restaurant, fast food.
(kk) Restaurant, full service (including accessory bars or lounges).
(11) Restaurant, take-out or catering.
(mm) Retail sales within a fully enclosed building.
(nn) School, commercial (art, music, theatrical, business, technical).
(oo) School, trade or vocational school.
(pp) Swimming pool supplies and sales within an enclosed building.
•
2 ORDINANCE#2006-029
(qq) Tattoo or body piercing shop provided such use is located at least 2,500 feet from
• any similar use.
(rr) Tool and equipment rental within a fully enclosed building.
(ss) City of Dania Beach governmental, administrative, community, service, or office
facilities, including city water treatment facilities.
32.20. Special exception uses.
The following special exception uses maybe permitted subject to special exception approval by
the planning and zoning board and the city commission as per section 10.12 of this Chapter:
(a) Automobile body shop.
(b) Boarding or breeding kennel (indoor/outdoor).
(c) Employment agency, business and professional.
(d) Hotel containing at least 100 rooms with interior loaded corridors.
(e) Live entertainment associated with a bar or restaurant.
(f) Outdoor sales or rental of new or late-model construction equipment.
(g) Self-storage or warehouse facilities containing less than 10% office space, provided
the architectural treatment of the building(s) resembles that of an office building,
particularly in those portions of the building(s) facing any public rights-of-way or
adjoining residential areas. This may include pedestrian scale architectural treatment,
significant use of window and door glass, and landscaping directly adjacent to a
building; overhead doors and loading activities must be located to the rear of
buildings, within interior areas between buildings, or within interior side yards.
(h) Thrift shop or sale of used or pre-owned clothing, appliances, furniture, or other
household goods.
32.30. Required conditions.
(a) Unless otherwise specifically provided for in the MA-1 zoning district:
(1) Unless specifically permitted by this article, all activities, including sale, display,
preparation, and storage shall be conducted within a completely enclosed
building.
(2) Any outdoor storage of any materials (raw or finished), supplies, machinery,
equipment, components or parts, including outdoor storage of mechanical,
electrical, plumbing, telecommunication, construction equipment, vehicles and
materials, except as specifically permitted and regulated by this article is
prohibited.
3 ORDINANCE#2006-029
32.40. Area requirements.
(a) Maximum Height: 62 feet.
(b) Minimum Pervious Area: To be provided as required by Article 29 of this Chapter;
provided however, that the city commission may reduce required pervious area to 15% if the
size, width, depth, configuration, or location of a parcel makes it impractical to provide the
required pervious area.
(c) Minimum lot size: 5,000 square feet.
(d) Minimum lot width: 100 feet.
(e) Minimum lot depth: 50 feet.
(� Yards
(1) The required yard abutting any street or public thoroughfare shall be a minimum
of twenty-five (25) feet; provided, however, that the city commission may reduce
the minimum street yard setback requirement if the size, width, depth,
configuration, or location of a parcel makes it impractical to provide the required
setback.
(2) The required yard abutting property with a "Residential" Land Use Plan
designation (or located across the street from property with a "Residential" Land
Use Plan designation) shall be a minimum of twenty-five (25) feet.
(3) The required interior side or rear yard, when not abutting a street or a
"Residential" Land Use Plan designation, shall be a minimum of ten (10) feet, or
one-half (1/2) of the building height, whichever is greater; provided, however,
that the city commission may reduce the minimum street yard setback
requirement if the size, width, depth, configuration, or location of a parcel makes
it impractical to provide the required setback.
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.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
4 ORDINANCE#2006-029
Section 4. That this Ordinance shall be in force and take effect immediately upon
• adoption.
PASSED on first reading on July 25, 2006.
PASSED AND ADOPTED on second reading on , 2006.
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
• BY:
THOMAS J. ANSBRO
CITY ATTORNEY
•
5 ORDINANCE#2006-029
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT •
STAFF REPORT
DATE: August 8, 2006
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director C G
SUBJECT: Marina Mile Zoning District (2nd Reading)
The attached ordinance was prepared at the request of the Marina Mile Association for
the commercial and industrial properties fronting State Road 84.
Bill Bigger, representing the association, states former City Manager Bob Flatly
promised the association in the 1990's that a new zoning district would be made
available for SR 84 area. Mr. Bigger says that such a zoning district was intended to
preserve the "heavy-commercial" zoning in existence prior to annexation. The new •
zoning designation is generally prepared along the lines requested by Mr. Bigger.
Most of the uses are compatible, given the unique location of SR 84, and the absence
of abutting residential uses that could be adversely impacted by heavy commercial use.
Some of the uses provide little or no added value from a property tax standpoint (ie.
automobile storage lots). Nevertheless, said uses were permitted under the prior
county zoning and exist today.
PLANNING AND ZONING BOARD RECOMMENDATION
On June 21 , 2006 the Planning and Zoning Board recommended approval of the
proposed zoning district.
CITY COMMISSION PREVIOUS ACTION
On July 25 the City Commission recommended approval of the proposed zoning
district on first reading.
1 ORDINANCE NO.
KATZ BARRON FORT LAUDERDALE
100 N.E.THIRD AVENUE
SQUITERO FAUST JUL 1 1 2006 SUITE 280
., .. �. : .., .
• FT.LAUDERDALE.FL 33301-1176
July 7, 2006
954-522-3636
Laurence Leeds, AICP, Director 954-522-5119 FAX
Community Development Department www.katzbarron.com
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
RE: Proposed Marina Mile(MA-1) Zoning District
Mr. Leeds,
As you may recall, I represent Pipewelders Marine, Inc. which owns and operates the
Billfish Marina which is located on Marina Mile at 2965 West State Road 84. A portion
of my client's property is located within the Fort Lauderdale city limits and a portion is
located within the City of Dania Beach. My client's business involves the assembly,
processing and installation of tuna towers, fly bridges and other marine related equipment
on watercraft. At the Billfish Marina, many marina related services are performed
including, but not limited to, yacht refinishing, extensions, overhauls and complete
refitting, including painting.
The property located within the City of Dania is currently zoned Industri al-Research-
• Office-Marine ("IROM") and the current land use designation is Industrial. It is our
understanding and belief that it is the City's position that the existing marina/boatyard
uses are approved uses within the City's IROM Zoning District.
IROM is intended to accommodate marine, office, light industrial and research uses
primarily conducted within completely enclosed buildings; however, marine/boatyard
uses are permitted outside of a completely enclosed building, subject to certain conditions
or special exception approval. For example outside permitted uses include, (i) docks and
docking of boats and ships not over 200 feet; (ii) assembly and repair of boats not over
200 feet in either a completely enclosed building or an interior side or rear yard at least
250 feet from property with a residential land use designation; (iii) manufacturing and
painting of boats not over 200 feet when within an enclosed building that is at least 500
feet from property with a residential land use designation; and (vi) sales, leasing,
display or storage of fully assembled new boats outside if separated from adjacent
roadways by certain landscaping buffers.
At the present time, the City is contemplating creating a new zoning district to be known
as the Marina Mile (MA-1) District. This particular zoning district prohibits any outside
marine/boatyard related work or services. In addition to the many permitted uses, the
MA-I District permits a hotel as a special exception use.
KATZ. BARRON. SQUITERO, FAUST, TERZO, FRIEDBERG. GRADY, ENGLISH & ALLEN, P.A.
MIAMI • FT. LAUDERDALE
Laurence Leeds, AICP Director
July 7, 2006
Page 2
My client has no particular objections to the adoption of the proposed Marina Mile (MA- •
I) Zoning District Ordinance but is only concerned that if a neighboring property was
rezoned to this new MA-1 zoning district and a hotel or hotel/condominium was
developed, that our property may be deemed to be non-conforming and thus the outside
marina/boatyard uses would be forever more restricted. It is our desire to remain a legal
and permitted use after any such rezoning would occur, if in fact any such rezoning did
occur.
It is my client's concern that if it is deemed to be nonconforming as a result of a
neighboring property being rezoned to the new Marina Mile Zoning District that our
marina/boatyard business could not be rebuilt if damaged or destroyed; may not be
restarted if abandoned; and that certain marina/boatyard uses that are presently permitted
could not be renovated or expanded. It appears that a marina/boatyard use will be a non-
conforming use within 250-500 feet of the new proposed MA-I zoning district. Thus,
this new zoning district would negatively affect and potentially force the owners of
Billfish Marina, Rolly Marine, Yacht Basin and New River Marina, the marina/boatyards
that are presently located and operating on Marina Mile to go out of business.
My client has requested that I secure a written response from the City to alleviate these
concerns. Please provide the undersigned with the date and time the City plans on
bringing the proposed Marina Mile Zoning Ordinance to the Commission for
consideration. •
Of course, if you wish to discuss this matter further, please do not hesitate to contact me.
Very truly yours,
K BARRON SQUITERO AUST
Alan L. Gabriel
cc: George Irvine, Pipewelders Marine
Thomas Ansbro, City Attorney
CITY OF DANIA 3EACH, FLORIDA
NOTICE IS GIVEN that on August 8, 2006, at 7:00 p.m. or as soon
th fter as the matter may be heard, the City Commission of the City of
D Beach, Florida, will conduct a public hearing in the Commission
Cha ber at Dania Beach City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida, to consider the proposed adoption of the following
Ordinance:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING
ARTICLE 32, TO BE ENTITLED "MARINA MILE (MA-1) DISTRICT" OF
CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES, TO
PROVIDE FOR PERMITTED USES, SPECIFIC EXCEPTION USES,
REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading)
A location map describing the affected area is shown below
11 Port Ev lade*
Affected Area I ESTATE 595
ooa• Arport
i
Copies of the proposed Ordinance is on file in the Office of the City Clerk,
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and
may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with
respect to the proposed., Any person who decides to appeal any
decision made with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of the proceedings should contact the
City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting.
Lo n Cunningham
Pl4Wg Associate
The Miami Herald
A McClatchy Newspaper T' ` j, D
,W.-
PUBLISHED DAILY AUU 2 2006
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before me, the undersigned authority personally appeared:
Darren Haimer
Who on oath that he/she is
DISPLAY ADVERTISING MANAGER
Of the Miami Herald, a daily newspaper published at Miami in Dade County, Florida;
that the advertisement for City of Dania Beach
was published in said newspaper in the issue of:
74486740.1 BMAI 3 x 10.50 B/W 07/14/06
Affiant further says that the said Miami Herald is a newspaper published at Miami, in the
said Dade County, Florida and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day and has been entered as second class
mail matter at the post office in Miami, in said Dade County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement.
Darren Haimer
Sworn to and subscribed before me, NOTARY PUBLIC-STATE OF FLORIDA
.t,. M. Charles
This day of_July_A.D. 2006. Commission#DD421875
Expires: APR. 24, 2009
Bonded Thru Atlantic Bonding co.,Inc
M. Charles—Notary Public
The Miami Herald
A McClatchy Newspaper AC
PUBLISHED DAILY AUG 2 2006
MIAMI, FLORIDA ��T'
STATE OF FLORIDA
COUNTY OF DADE
Before me, the undersigned authority personally appeared:
Darren Haimer
Who on oath that he/she is
DISPLAY ADVERTISING MANAGER
Of the Miami Herald, a daily newspaper published at Miami in Dade County, Florida;
that the advertisement for City of Dania Beach
was published in said newspaper in the issue of:
746698101 Broward Main 3 x 10.50 Black/white 07/28/06
Affiant further says that the said Miami Herald is a newspaper published at Miami, in the
said Dade County, Florida and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day and has been entered as second class
mail matter at the post office in Miami, in said Dade County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement.
i
mv,
Darren Haimer
Sworn to and subscribed before me,
This ae day of_July_A.D. 2006.
NOTARY pUBLi_TAn OF FLORIDA
' C/' Charles
Commission es
M. Charles—Notary Public Bonded APR. 244 218 2009
• Thru Aaanac Bonding Co.,Inc
1
THE MIAMI HERALD I Miern,11 ald.com BROWARD PLUS BR FRIDAY,JULY 14,2006 1 58
.......__ ...._. .._... _........ ................ ...... ........... ..___._.... -_... ......... ................ .......... ____ ....._......
DEATHS SOUTHWEST RANCHES
C 11d porno
DENNIS STITELY,69
Funeral director, travel agent, organist traced to home
0 BY IENNIFERM00NEYPIEDRA hadnbeds oheatecause[heirhome wood in ervibecameaU.S. d in Miramar,Dania ®f Dade cop
Imooney@MlamiHeraltl.com opened �L {�
p had no heater. Army reservist,and'opened Beach and Pembroke Pines-
' 11 Dennis Stitely devoted his• Stitely attended school in a Stitely Funeral Home on Mira- All of them were shut down by
T life to helping others. one-room schoolhouse in the mar Parkway,just west of U.S. 2001,when Internet travel
3 Heconsoledgrievingfami- rural countryside-except for 441,in Miramar. - .sales were on the rise,his son ` BY EVANS.BENN A Miami-Dade police
O N lies in his.funeral.home, the winters,when he and his At the funeral home,where said. anennaniamiHeraia.com -. spokesman would not com-
planned lavish getaways for mother would escape the cold his family lived on the second Since then,Stitely spent A cyber-crime task force ent on the case Thursday
m 0 customers as a travel agent to South Florida.During that floor, Stitely did it all: nearly every day as a volun- arrested a Miami-Dade release additional in(or-
QC and tilled churches with the time,Stitely enrolled in South embalming,make-up applies- teer,delivering meals to peo- police detective Thursday mation about Smith's person-
al ands of melodic organ Broward High. tiov and Metal director. ple too sick to leave their and charged him with several net record with the depart-
he music Stitely loved the school so "He knew how to deal with homes,,is theater counts of child pornography. merit. The spokesman
00 to m Until three months ago, much,he persuaded his'par- families;'his son said."People patrons to their seats at the Franklin L.Smith,38,of referred questions to the
when he was diagnosed with ents tole[him move to South really liked him and respected Broward Center for the Per- Southwest Ranches,had pie- attorney general's office,
41 '►' O lung cancer,Stitely spent his Florida by himself.For his him. forming Arts and or ring to
and videos on his home which conducted the investi-
- days as a volunteer,driving junior and senior years of high. In 1973;Stitely sold.the high school students, computer of children engag- gation.A man who answered
Z N O sick people to doctor's school,he lived alone in a business and opened Miramar He was involved in several. I ivg in sex acts,according to the door Thursday night at
Qp- appointments and mentoring condo owned by his parents. Travel and the Flower Nook in organizations,includ- the state attorney general's Smith's home in Southwest
Q '(� K young people. c In the early 1950s,while a strip mall 6e built not far ing ithe Hollywood Rotary office. Ranches refused to identify
N Stitely, a long-time singing in the choir at First from the funeral home. Club, and enjoyed making Smith,a 17-year Miami- himself or commeut about
ILL Broward resident,died July 7 Presbyterian Church in Holly- Stitely didn't spend much music as organist and director Dade police veteran,posted the arrest.
O Q - 3- in his Davie home.He was 69. wood,Stitely met a classmate, time in the flower shop,except of music min is try at Gloria Dei video On the Internet, Smith was charged with
"He would always say all Sharon Slater.The two mar for busy holidays,such as Val- Lutheran Church in Davie. investigators said.A state ne count of promoting the
} L. C his biggest dreams came true," ried in 1959. entine's Day and Mother's In addition'to his son and agent with the Child Preda- exual performance of a
R his son Jeff said."He did Stitely left Hollywood to Day.Instead,he focused on -wife—the couple divorced i for Cyber-Crime Unit came child and five counts ofpos-
V C C everything he wanted to do." study zoology at Duke Univen the travel agency,where.he in 1984—Stitely is survived across the video and traced it session of child pornography.
G
` Born in 1937 in York Pa., sity in North Carolina and planned[rips forothers—and by a daughter,Nancy Moore, to Smith.Police searched He was being held in Dade
0 Stitely grew up on a farm with earned a degree in mortuary for himself.South America, and two grandchildren Smith's home Thursday, County Jail Thursday night.
his parents and older brother. science from the University of Japan and Germany we A service will be held at 11 '
zed his computer and If convicted,Smith could
yHe often told stories of his Minnesota.He later enrolled among the places he visited, a.m.Saturday at Gloria Dei rested him.According to face 40 years in prison.
Gexperiences there,such as in the University of Miami's The agency was later Lutheran Church,7601 SW investigators,Smith ackow- Miami Herald sniff writer.
N 3 how his family would heat up church music program. renamed Stitely Travel,and 39th St.A memorial gathering 'edged knowing the images Diana Moskowitz contributed
bricks to place at the,foot of Stitely returned to Holly- three additional shops were- at the church begins at 10 am. w re on his computer. to this report.
m LEONARD N. MARK A.MINOTT,38 MIAMI POLICE SCANDAL
1= '' CO ' COHEN,70 seven former cops lose
z o v EX-Sales BS0 computer technician
an appeal of convictions
manager
U N V 7 BY ROBIN M.PEGUERO He had a call him"Poppa Bear.'And his
meguero@M am Herald. rat¢ nil% Of Charismatic smile would
MamlHeraltl Stott Report Prosecutors asserted that
punster p unmatched police scandal b g guns and lying
(� Q fn Mark Minott thus matched endear him to child and adult A began a nder oath,
il
.last Fourth of July. d d +11� technical Skill alike that began 1995 c under oath, the officers
T Leonard Nathan Cohen by a few of his loves-done- with an affa- "When he cracked a joke," loser to an end Thursday, in enti—ally hindered any
Eof Davie,a retired sales ng to old school hip-hop ble ability to said Arlene Wadsworth,h after a federal appeals court federal investigation.
onager—and lover of while Banked by his two little ,,�' relate to peo- eldest daughter's godmother, C panel affirmed the corrup The seven appealed their
3 puns—died Wednesday ues and cracking jokes about y ple,she said. "he would laugh for days." t n convictions of seven for- convictions to a panel on the
O afters two-year battle with his youth. ''Mar k Besides his wife and two met Miami police officers, llth U.S.Circuit Court of
} lung cancer.He was 70. "We were showing them MINOTT really liked children,Minott is survived by once members of an elite Appeals in Atlanta,claiming
O O y Born in Brooklyn,N.Y., dances that we had done when people,so he his mother and two brothers street-crime unit. the jury was exposed to
. Cohen lived the last 32 we were kids;'said Victoria ould really explain what was A wake will be held from 2 The Miami officers were external influences and was
m _years in Broward County : Campbell,his sister-in-law. wrong with(the computer]. to 4 p.m.today sad 6 to B convicted on charges they not instructed on Florida's
.DO— with his wife,Flora.The "He even pulled out clothes Hew really take the extra tonight at Boyd's Funeral plotted to plant guns in four Beefing felon statute.They
t7D O C- pair celebrated their 45th that he had from back then." time,"Koplovitz said."He Home,1600 N.University Dr., questionable shootings also claimed the government
00 00 r wedding anniversary t The Pembroke Pines family would have had a great future Pembroke Pines.The tun sl between 1995 and 1997 and had!ailed to prove they had
W weeks ago.They met t man a jokester,computer here" is scheduled for 11 am.Saw lied to investigators to lustily lied to federal official,
X Or dance in,Brooklyn temple, whiz and music lover—died She recalled that he camped day at Cooper City Church f their actions They wet,con- They can appeal to the full
I� r- Cl) m' 10 I said daughter Susan F h July 5 m an early-morning car out for three whole days at the God,9191 Stirling Rd. victed in 2003 and 2004.m I]-member appellate court
a a,of Cooper City. accident at the age of 38. office after Hurricane Wilma,
CA devoted family man, Minot[,,computer techni- wanting to help in any way he
L la Cohen had a sharp sense of'II cian for the Broward Sheriffs could,she Said _ NOTICE OF PUBLIC HEARING
OJ humor and loved to play on Office,took to computers at an 'The Brooklyn,N.Y.,native .
words,she said.He served early age,breaking apart old fell hard forMUSiC—particu. BEFORE THE CITY COMMISSION
L in the U.S.Army for two andbroken appliances as an B- larly hip-hop, R&B even
O years,and spent most of his ye old just to see how they dance-hall reggae — n CITY OFDANIABEACH FLORIDA
Z career in sales.In his later worked family members said serving a brief stint as a disc s
years, he enjoyed ship "He star ed taking apart the jockey.
-0 C cruises and spending time radios and rebuilding them;' He was known for"making NOTICE IS GIVEN that on July 25,2006,at 7:00 p.m.or as soon thereafter as the
E O V with his four grandchildren, recalled his yniingerbrother, the best mixed CDs,"Said rm- matter may be heard,the City Commission of the City of Dania Beach,Florida,
Cohen is also survived Serge Mixon. ily friend satima Boone,and will conduct a public hearing in the Commission Chamber at Dania Beach City
R by his wife;another daugh- 'The fmny part about is for making DVD montages of Hall,100 West Dania Beach Boulevard,Dania Beach,Florida,to consider the
z' N ter,Ellen Smukyan,Of Coo- He would get[hem out of a family events. --
70 m N p =_ per City;,brother,Stan,of junkyard of abandoned ears, But his foremost passion, proposed adoption of the following Ordinance:
Q C i7) U E Lake Isabella,Calif.;and a and two of them actually did friends said,was his wife,Ann
m sister,Gila,,of New York work afterwards." Minott and his two children, AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,CREATING ARTICLE 32,
20 City. A veteran of Desert Storm, KaYIa,B,and Robert,5 TO BE ENTITLED"MARINA MILE(MA-1)DISTRICT"OF CHAPTER 28,"ZONING",
A -
service is Minott joined the BSO team "Normally, the opening OF THE CITY CODE OF ORDINANCES,TO PROVIDE FOR PERMITTED USES,
a) scheduled for 11:45 a.m. two years ago—a natural pro- conversation was Kayla won
F Sunday at Star of David gression for a man who served this award,or Robby won that SPECIFIC EXCEPTION USES,REQUIRED CONDITIONS AND AREA REQUIREMENTS;
C Funeral Chapel and Came- in the U.S.Army for seven award,"Serge Minor aid.
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
tery,7701 Bailey Rd.,North years,.said his supervisor, His children,sad even his PROVIDING FOR AN EFFECTIVE DATE.(First Reading)
a Lauderdale. Cann Koplovitz nephews and nieces,wmilld
v'
A location map describing the affected area is shown below
a o"
401
VAt
NOTICE OF PLACING SEALED OR CONFIDENTIAL ELECTRONIC
CASE INFORMATION IN THE PUBLIC DOMAIN
® 2 TO ALL.CONCERNED PARTIES:
•g The Broward County Clerk of the Courts has been directed by the
v Chief Judge of the Seventeenth Judicial Circuit through I �., a �- -t -li
o o > Administrative Order No.1-O6-W-1 to provide public access to certain ,, - .y _
n electronic civil or family division case information for cases that have
,i d 1 v
•4�- been sealed and/or made confidential by a Court order.The contents
c - of the court file that have been sealed by Court order:
shall remain
0 under seal as ordered by the Court,except the general public will -
®'rn have access to the electronic case information.Case information that ,1•' _ ,
- is sealed or made confidential Dursuant to Florida Statute or Florida
+ r v 'Rules of Judicial Administration will not be made public pursuant to 'y
® v this Order but will remain non-public as rec uired by law. Copies of the proposed Ordinance is on file in the Office of.the City Clerk,City Hall,100 West
Dania Beach Boulevard,Dania Beach,Florida,and may be inspected by the public during
On August 1,2006,the Broward County Clerk of the Courts shall normal business hours.
4—P a make public through its website at www.browardclerk.ora,and any of
1Cc its other electronic public access systems,the case number,parties' Interested parties may appear at the aforesaid meeting and be heard with respect to the
names and progress docket information for all civil or family division Proposed. Any person who decides to appeal any decision made with respect to any matter
considered at this hearing will need a record o proceedings and for such purpose may
cases sealed and/or made confidential by a Court order. An need to ensure that a verbatim record 9f the proceedings is made,which record iodides the
a v interested party may file a motion to maintain the confidentiality or testimony and evidence upon which the appeal is to be based.
sealing of the electronic case information on or before July 31,
ILL! 2006.All motions must be noticed for hearing no later than thirty(30) In accordance with the American with Disabilities Act,persons needing assistance to participate
rn days after filing the motion. in any of the proceedings should contact the City Clerk's Office,100 West Dania Beach
_ Boulevard,Dania Beach,Florida 33004;(954)924-3622 at least 48 hours prior to the meeting.
L
F_ Howard C.Forman Lou Ann Cunningham
Broward County Clerk of the Courts Planning Associate '
201 S.E..6th Street Published Date:Friday,July14,2006
Fort Lauderdale,Florida 33301