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Home My WebLink AboutO-2003-020 Amending Chapter 28 Zoning amending the text within article 16 Industrial-Research-Office (IRO) ORDINANCE NO. 2003-020 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING THE TEXT WITHIN ARTICLE 16 "INDUSTRIAL- RESEARCH-OFFICE (IRO)" DISTRICT 16.40 "SPECIAL EXCEPTION USES" BY PROVIDING DISTANCE SEPARATION REQUIREMENTS FOR CERTAIN SPECIAL EXCEPTION USES AND RESIDENTIAL LAND USE DESIGNATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach has reevaluated the suitability of the special exception uses in the Industrial- Research-Office (IRO) and considered whether they advance the intent of that district; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida ("Chapter 28"), Article 16, "Industrial-Research- Office (IRO) District," Article 16.40. is amended to read as follows: ARTICLE 16. INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT 16.40. 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 the zoning code, and subject further to the following conditions: 1 ORDINANCE NO. 2003-020 (b) Uses: (1) Truck terminal and distribution center, when located at least 1,500 feet from any property with a "Residential" Land Use Plan designation. (2) Electrical power plants and substations, when located at least 1,500 feet from any property with a "Residential" Land Use Plan designation. (3) Water and wastewater treatment facilities, when located at least 1,500 feet from any property with a "Residential" Land Use Plan designation. Section 3. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this ordinance are repealed. Section 5. 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 6. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on May 13, 2003 . PASSED AND ADOPTED on second reading on May 28, 2003. OB AN tON MAYOR-COMM SSIONER 2 ORDINANCE NO. 2003-020 ATTEST: ROLL CALL: • COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES ARLENE JOH ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVE A TO FORM AND CORRECTNESS: TH M S J. ANSBRO CITY TTORNEY • 3 ORDINANCE NO. 2003-020 AGENDA REQUEST FORM CITY OF DANIA BEACHdddft t AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 27,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—2ND READING ORDINANCE 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: AMENDING THE TEXT WITHIN ARTICLE 16`INDUSTRIAL-RESEARCH-OFFICE (IRO)" DISTRICT 16.40"SPECIAL EXCEPTION USES" BY PROVIDING DISTANCE SEPARATION REQUIREMENTS FOR CERTAIN SPECIAL EXCEPTION USES AND RESIDENTIAL LAND USE DESIGNATIONS. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report Ordinance Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board approved this request at their April 22,2003 regular meeting. Submitted by: Laurence G.Leeds, AICP, Director Date May 21,2003 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G• C Growth Management Department DATE: May 21, 2003 (SECOND READING) SUBJECT: Proposed Text Change Amending Portions of the Industrial- Research-Office (IRO) Zoning District APPLICANT: Growth Management Department Truck terminals, electrical power plants, and water and wastewater treatment facilities are currently listed as special exception uses in the IRO zoning district. The proposed text change continues to regulate these uses in the same manner but adds minimum setbacks (1,500 feet) from residential zoning districts. New language is underlined. Deleted language is stru eugh. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. - \ NoncB of PUBLIC HURia4s L.r1-15'e r44 h�- CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing wiilll beon on Tesday,M t- 27. 2003 at 00 PMco as soon thereafter as poosslb(a.In 1 v 1 the Dania Beach City,Commission Room,Administra- tive Center,100 West Dania Beach Blvd.,Dania Beach, Florlda-33004,for the purpose of hearing any caR- ments which might be made to the following ordl- nancoe; AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA AMENDING ORDINANCE NO.2000-019 ADOPTED ON MAY 9,2000 BY REPLACING 58 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 58 RESERVE UNITS,TO A PARCEL OF LAND KNOWN AS`PARCEL A'OF THE OF THE RICHART PLAT, WHICH IS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E.STH AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT -A', A COPY OF 6 WHICH IS ATTACHED TO THIS ORDINANCE;SUBJECT TO � CERTAIN RESTRICTIONS;PROVIDING FOR SEVERABILI- TY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA AMENDING ORDINANCE 2003-010 ADOPTED ON MARCH 12.2003 BY REPLACING 87 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 87 RESERVE UNITS,TO A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF SHERIDAN STREET,DIRECTLY EAST OF THE WALGREEN S DRUG STORE WITHIN THE CITY OF DANIA BEACH,FLORIDA, .AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR SEVERABILI- TY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING CHAPTER 28'ZONING'OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDA.BY AMENDING THE.TEXT WITHIN AR- TICLE 16'INDUSTRIAL-RESEARCH-OFFICE(IRO)'DIS- TRICT 16.40'SPECIAL EXCEPTION USES'BY PROVID- ING DISTANCE SEPARATION REQUIREMENTS FOR CER- TAIN SPECIAL EXCEPTION USES AND RESIDENTIAL LAND USE DESIGNATIONS; PROVIDING FOR CON- FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed ordinances are available for vlowing In the Growth Management Department.100 West Drama Beach Blvd., Danle Beach, Florida be- tWoOn the lours of 1110 AM and 4*00 PM,Mondaiy- Frlday please call(9154)924-3645 for more Informa- tion.Intorested parties may appear at the public hear- Ing be heard with respect to the proposed pail- oIL ;In accordance with the Americana With Disabllltlea Act,parsons needing assistance to participate In any And proceedings should contact Charlene John- tote, City Clerk, 100 W. Dania Beach Blvd, Dania 6aach, Fl.33004.(954)924-3630.at least 48 hours prior to maetlm Any parson who docldos to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of rho proceedinggsa and for such purpose may need to ensure that a verbatim record of the proceed: Inge Is made,which record Includes the testimony and evidence upon which the appeal is to based. Lou Ana Cunningham,Planning Technician s�