HomeMy WebLinkAboutR-2006-193 WSSA Border Patrol Special Exception RESOLUTION NO. 2006-193
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN,
MCCLOSKY, SMITH, SCHUSTER&RUSSELL,P.A.ON BEHALF OF JOHN E.
SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN
TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH,
FLORIDA, FOR A SPECIAL EXCEPTION TO ALLOW A UNITED STATES
BORDER PATROL FACILITY IN AN"IRO"ZONING DISTRICT;PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Zoning Code, Chapter 28, "Zoning", Article 16 "Industrial
Research Office",provides that a U.S.Border Patrol Facility including accessory uses,is allowed in
an IRO (Industrial Research Office) zoning district as a special exception use; and
WHEREAS, Bonnie L. Miskel, Esq., with the law firm of Ruden, McClosky, Smith,
Schuster&Russell,P.A.,on behalf of John E. Sabty,Manager of WSSA Florida,LLC.,has applied
for approval to allow a U.S. Border Patrol Facility as a special exception use in an "IRO"zoning
district,for property generally located on the east side of NE 71"Avenue between Taylor Road and
Eller Drive, in the City of Dania Beach; the request includes the following accessory uses to be
incidental and accessory to the facility:
- Dog kennels;
- Indoor Holding cells;
- Secure storage of illegal items and contraband seized by government authorities;
- Automobile storage, service, and limited related repairs;
Storage and distribution of fuel;
Storage of weapons and ammunition, commonly used by such a facility;
Communications tower;
and
WHEREAS,the Planning&Zoning Board on October 18,2006 recommended that the City
Commission grant the special exception request(SE-63-06), subject to conditions,based upon the
criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of
® Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application SE-63-06 filed by the applicant as identified above,
for a Special Exception to allow a U.S. Border Patrol Facility and accessory uses within the IRO
zoning district,a copy of which application is attached and made a part of this Resolution as Exhibit
"A",for property generally located on the east side of NE 7th Avenue between Taylor Road and Eller
Drive, in the City of Dania Beach, is approved, subject to the following conditions:
1. FAA approval of plan and lights.
2. Provide 5' wide sidewalk along public right-of-way on NE 71" Avenue.
3. Fire Marshal's comments.
4. No hazardous radiological, biological, or chemical agents permitted on the property.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED on November 14, 2006.
'e�_ e�,X,L`Y
PATRICIA FLURY
MAYOR-COMMISSIONER
2 RESOLUTION#2006-193
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F M AND CORRECTNESS:
BY: \. i I�
THOIMAS j ANSBAO
CITY ATTORNEY
3 RESOLUTION #2006-193
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat Date Rec'd:
❑ Plat Delegation Request ® /
❑ Rezoning I'r:/ Petition No.Sty'
❑ Site Plan
Special Exception SEP 1 4 2006
❑ Special Request
❑ Trafflcway Waiver Planning
❑ Variance
❑ Vacation Request Department
1111 Other: Sidewalk waiver
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESSARY DOCUMENTS: Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings.
All projects must also obtain a building permit from the City's Building Department.
Location Address: East side of 7'h between Tavlor Road and Eller Drive
Lot(s): Block: Subdivision: Unplatted
Recorded Plat Name: UnDlatted
Folio Number(s): 504226000030 Legal Description: See Exhibit A
Applicant/Consultant/Legal Representative (circle one): Bonnie L. Miskel
Address of Applicant: Ruden McCloskv. 200 E. Broward Blvd., Fort Lauderdale FL 33301
Business Telephone: 954-527-2476 Home: Fax: 954-333-4076
Name of Property Owner: WSSA Florida LLC
Address of Property Owner: 140 E. 2"d Street#225, Flint Michigan 48502
Business Telephone: 810-239-1199 Home: Fax: 810-767-1196
Explanation of Request: Request to rezone the subject property from IG to IRO
Prop. Net Acreage: 4.345 Gross Acreage: 4.46 Prop. Square Footage: 189,268
Existing Use: Vacant Proposed Use: Boarder Patrol Office
Is property owned individually, by a corporation, or a joint venture? A Florida Limited Liabili Company
FTL:1906726:1
I understand that site plan approval automatically expires within 12 months of
City Commission approval, pursuant to Ordinance No. 2005-040.
A cant/ �pp Owner signature Print Name - D e
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This day of401 20 06
Signature:- /
Date:
Bonnie L. Miskel
Sig mWo Not ublic (Print Name)
Stat of( VC.'" )
Ruden McClosky
200 E. Broward Blvd. Fort Lauderdale FL 33301
Print Name of Notary Street Address, City, State and Zip Code
Comn Expices. 954-527-2476 954-333-4076
Seal: 6609usose�' x3 ya Telephone No. & Fax No.
LSY19�ugsaw, RW ,
Ja6lutpsy2p b ;lell N 4";e
BP!0Id to a1ens o!IQ�d� 0
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Applicant/Consultant/Representative) to make and file the
aforesaid application.
Sworn to and subscribed before me Owner:
This day of 20_
Signature:
bate:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
FTL:1906726:1
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) Ruden
McClosky to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
� ���� LD.tt C
This'day of- =—20 06
Signature:'
Date: — /L —G
(Punt Name)
Sign Name of Notary Flyublic (Punt Title)
State f(�7l'�4�� )
D L' kcA'�;srsb 140 E. 2nd Street#225 Flint Michigan 48502
Print Name of Notary Street Address, City, State and Zip Code
Comma n =x ireeb
P 810-239-1199 (ohone) 810-767 1196(fax)
Seal: idotary uVIC -Mlchigm Telephone No. & Fax No.
Genesee County
My Commission Expires Apr 21,2012
Acting in me County of
JOINT VENTURE/PARTNERSHIP N A IZ D SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Swom to and subscribed before me
This day of 20_
Signature:
Date:
(Print Name)"
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
Each partner must sign. Attach duplicate sheets as required.
Frt:1906726:1
WSSA FLORIDA L.LC
140 EAgr we®ND sYREET*.-,,8 F7-t 81�23}1 19S T
P(F.AAICHIG�t 48502 810.767.1 196 F September 12,2006
City of Dania Beach FSEP
D Municipal Planning
100 West Dania Beach Blvd
Dania Beach,FL.33004 1 4105
RE: US.Customs and Border Protection Planning
Patrol Avenue
NE 7 Department
i°
Dania Beach,F1
Municipal Commissioner;and Advisors;
Please accept this correspondence as a narrative description of the on site use for the above referenced development
Pro}e+cL
The 4.3-acre vacant land parcel located on NE 7h Avenue in Dania Beach Florida will be developed as a single use
commercial office Building to house the US Customs and Border Protection(CBP),Border.Patrol. This is a new
build facility that will incorporate 2 buildings for a total of approximately 40,344 sq.ft
The primary use of this facility will be considered office and administrative for CBP,Border Patrol,Pembroke Pines
Statiaa�_W ithita the office facility,a small portion of the occupied space will be dedicated to"individual and group
immigration processing"of questionable individuals that may have non-legal immigration issues.
The structure will be built as a typical south Florida office facility with attractive landscaping and windows through
out. Interior finishes will resemble that of a typical AAA office fkiiity such as an insurance company,bank office,,
or alike. The facility will have multiple parking lots for employees and a separate parking lot fbr the public.
The entire property will be fenced with a 6 tt decorative black wrought iron fence.
The majority of this facility will be used for office and administrative services. The balance of the facility,
constructed within the office space;will be dedicated to the processing of individuals. Specifically this area will
include:
• 4 individual holding rooms for single members
• 2 group holding rooms for multiple male member groups
• 2 group holding rooms for multiple female member groups
c 2 juvenile group-holding rooms for multiple member groups
• 1 central search room
• t open area for member interviewing with the customs officials
• 1 juvenile processing room
There are no food processing facilities,or overnight accommodations(such as beds or showers)for this part of the
facility. Detainees will never be left secured alone in the building;there will be direct supervision by a Law
Enforcement Agent.
Other than typical office and administrative duties,which occur throughout the building,a general summary of the
processing area is as follows:
• individuals that have been arrested due to their illegal immigration status are brought to the facility.
• They will be escorted into the facility through a Sally Port(internal garage)attached to the processing area
that will be secured,shielded from public view and escorted into the facility by Federal Law Enforcement
Agents.
• While continually secured,they are searched and moved to a holding room.
City of Dania Beach
September 12,2006
Page 2
® While continually secured,they are escorted to the central processing area where they are interviewed and
their immigration status is verified.
m if status is found to be illegal,they are processed for immigration proceedings,and then they are
transported to an off-site detention facility that is fully equipped to accommodate their needs with food
service,medical care and overnight accommodations,
® Processing typically takes from 2 hours per alien,per agent sometimes longer while records checks are
being requested and/or being conducted. .
® On average 3—9 individuals will be brought to this facility on any given day;in some cases though,larger
groups are brought in.
® This building will be used in the same manner as a.small police.station. Arrested persons are brought in
while secured and in the custody of Federal Law.Enforcement Agent(s�processed(fingerprints,photos,
togrVhical data,accord checks)and then transported to an off-site detention facility that is fully equipped
to.accommodate their needs with food service,medical care and overnight accommodations.
Within the office portion of the facility(majority.of the space)and parking areas;CRP Border Patrol will have their
staff and visiting employee personnel working;on a daily basis with about 40+/,emptoyees over a 24-hour period.
Also included iq those administration areas are:
® Multiple interior offices for US Border Patrol administrative personnel and staff
m Confer==and meeting rooms
® Open work areas with modular system furniture- .. -
® Interior employee galley.
0 Public reception area
a 3 interior dog.kennels
a Equipment storage(including boat storage on trailers,and internal garage parking for autos)
® A maintenance garage for vehicles(minor repairs i.e.tire changes within a closed facility)
® Small armory room for the storage of arms and ammunition.
e The building will be operated on a 24 x 7 basis and will not be open to the public,except for deliveries and
limited visits by public officials in a public reception area. The remainder of the premise will be off-limits
to the public.
It is our hope that this correspondence gives a clearer understanding of the facility and the proposed use. This
facility represents a tremendous opportunity for the City of Dania Beach and the CBP,Border Patrol as it offers the
following:
® 15 year secured lease
® Real estate tax generated revenue for the City of Dania Beach
• Minimal local services impact and cost to the City of Dania Beach
e A safe and secure use in a minimally populated area
® Economic generator for typically a"parking lot"and"storage"adjacent use area
® Possibly the largest&newest office facility currently proposed for the City of Dania Beach
c An office facility that is constructed as a corporate office design offering longevity
® An emergency facility from which Federal Agencies can operate and provide assistance in the event of
hurricanes or other types of emergencies.
® Privately owned and insured long-term maintenance
/Thank ou for your consideration,
::�
John Sabty
WSSA Florida LLC
•
WSSA FLORIDA LLC- BORDER PATROL PROJECT
SPECIAL EXCEPTION USE
WSSA Florida, LLC., ("Applicant") is the owner of a 4+/- acre property located on the
west side of NE 7 Avenue between Taylor Road and Eller Drive ("Property") in the City of
Dania Beach ("City"). The Applicant proposes to develop a 40,000 +/- square foot facility for
the United States Border Patrol ("Border Patrol'). The Border Patrol will use this facility as
their base of operation for their activities at Port Everglades and the surrounding areas. The
primary function of the Border Patrol is to ensure that no illegal persons or cargo enter the
United States. The Property will be developed with the following uses:
1. Border Patrol office facilities.
2. Accessory indoor and/or outdoor storage, loading and limited
repair of boats and other similar watercraft used by Border
Patrol.
3. Accessory dog kennel.
4. Accessory temporary processing, detention and/or interrogation
areas.
5. Accessory temporary secure storage areas for illegal items
and/or contraband seized by the Border Patrol.
6. Accessory indoor and/or automobile storage, service, and
limited repair facilities for Border Patrol vehicles.
7. Accessory storage and dissemination of fuel for Border Patrol
vehicles.
8. Accessory storage of weapons, explosives and ammunition.
. 9. Accessory communications towers.
Combined the above 9 uses comprise the Border Patrol office facility ("Project"). In
order to facilitate development of the Applicant's Project, the Applicant is requesting a rezoning
from IG to IRO with a corresponding text amendment to the IRO district regulations and a
special exception use to allow the Border Patrol facility as shown in site plan application SP-48-
06. Specifically, the Applicant is requesting a special exception use to permit the Project.
1. The use is permitted as a special exception use as set forth in the Schedule of Use
Regulations.
The proposed Border Patrol Project is comprised the above 9 uses. These uses are
permitted as a special exception in the City's proposed IRO District, as it is being amended.
FTL:1906843:1
2. The use will not cause a detrimental impact to the value of existing contiguous uses to
uses in the general area and the zonine district where it is to be located
The Project will not have a detrimental impact to the value of surrounding properties as
this use is consistent and compatible with the uses permitted and approved in the surrounding
area. The Property is located between the airport and Port Everglades. The properties
surrounding the proposed Project are designated Employment Center on the City and County
land use plans. The primary use of the Project is an office use which is a permitted use in the
Employment Center land use category.
3. The use will be compatible with the existing uses on contiguous property with uses in the
use will general area and the zoning district where the use is to be located and compatible
the general character of the area, considering population densiIL design% scale and orientation of
structures to the area, propertv values and existing similar uses or zoning
The Property is situated on the west side of NE 7 Avenue between Taylor Road and Eller
Drive. The properties located the general vicinity of the Property are comprised of
office/industrial uses. The primary use of the Project an office use which is completely
compatible with other development in the area.
4. There is adequate landscaping and screening provided as required by this chapter.
i
Adequate landscaping and screening is provided as shown in site plan application SP-48-
06. The Project will comply with all landscaping and screening requirements of the City.
S. There is adequate parking and loading provided and ingress and egress is so designed as
to cause minimum interference with traffic on abutting streets _
The Applicant has submitted a site plan and plat application for the Project. The site plan
and the plat were both designed to meet all applicable City and County Code requirements for
parking and access. Access to the Project will be limited to one location on NE 7 Avenue to
minimize the interference with traffic on abutting streets. Therefore, adequate parking and
access will be provided for the Project.
7. The use will be consistent with the existing comprehensive Plan
The Property is designated Employment Center on the City of Dania Beach Land Use
Plan. The primary use of the proposed Project is office, which is a permitted use in the
Employment Center land use plan district. Therefore, the Project is entirely consistent with the
Comprehensive Plan.
8. The use will not have a detrimental effect on vehicular or pedestrian traffic or parkin
conditions, and will not result in the generation or creation of traffic inconsistent with the health
safety and welfare of the community.
FTL:1906843:1
The Applicant has submitted a plat and site plan to the City of Dania Beach. The plat
was also submitted to Broward County for review and approval. The proposed Border Patrol use
is primarily an office use and would not generate an excessive amount of traffic. One access
point is proposed for the Property on NE 7 Avenue to limit the driveway openings on this
roadway.
9. The use will not utilize turning movements in relation to its access to public roads or
intersections, or its location in relation to other structures or proposed structures on or near the
site that would be hazardous or a nuisance
The plat for this Project proposes one access to the site from NE 7 Avenue with sufficient
separation from adjacent properties. The location of the proposed structures and access points
will not create any hazard or nuisance.
10. The use will not have a detrimental_effect on the future development of contiguous
properties or the general area. according to the comprehensive Plan
This Project is consistent with the City's Comprehensive Plan. The Project provides for
sufficient side and front setbacks so as to avoid problems for future development of contiguous
properties.
11. The use will not result in the creation of incompatible noise lights vibrations fumes
order, dust or physical activities taking into account the existing uses uses located on
contiguous properties,uses in the general area and the zoning in the vicinitv due to its nature
duration, direction or character.
The Project's primary office use will not generate excessive noise, lights, fumes, sounds
or activities that would be a nuisance to the neighboring properties or the general public. The
Project has been designed with proper setbacks, landscaping and lighting to mitigate any
potential effect on adjacent properties that might yield incompatible noise, lights, fumes, sounds
or activities.
12. The use will not overburden existing public services and facilities
The Developer has been in communications with the City's utilities department and by
the time that the Project will be ready for permits; sufficient water capacity should be available.
We have already been advised that the sewer capacity is available. This Project is located in the
Urban Infill area where services and facilities are currently available.
13 That the use will be sufficiently accessible to permit entry onto the property by fire
police, rescue and other essential public services
The Developer will meet with all City departments to assure sufficient accessibility to
permit entry onto the property by fire, police, rescue and other essential public services. In
addition, the site plan has been designed to provide adequate areas for emergency vehicles to
properly maneuver on site.
FTL:1906843:1
I
14. The use will be consistent with the definition of a s ecial exception and will meet the
standards and criteria_of the zoning classification in which such use is proposed to be located
and all other requirements for such particular use set forth elsewhere in the zoning code or
otherwise adopted by the city commission
The definition for a special exception provides for "a use which may be allowed within a
zoning district subject to the provisions of this chapter and in accordance with the procedures as
set forth in Article 10 of this Chapter". The Border Patrol Project is specifically listed as a
Special Exception Use in an IRO District, provided that the conditions of the Special Exception
Use are met. The appropriate special exception application and fees have been submitted. As
discussed above, we believe that this application adequately meets with all of the criteria
contained within Article 10. The Project is consistent and compatible with the permitted and
approved developments in the surrounding area.
i
FTL:1906843.1
- CITY OF DANIA BEACH Agenda Item#
1z
Agenda Request Database
Date of Commission Meeting: 11/14/2006
Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
RESOLUTION NO.2006-193 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST SUBMITTED BY BONNIE L.MISKEL OF RUDEN,
MCCLOSKY,SMITH,SCHUSTER&RUSSELL,P.A.ON BEHALF OF JOHN E.SABTY,MANAGER OF WSSA FLORIDA,LLC.,FOR PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE,IN THE CITY OF DANIA BEACH,FLORIDA,FOR A SPECIAL EXCEPTION TO ALLOW A UNITED
STATES BORDER PATROL FACILITY IN AN"IRO"ZONING DISTRICT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DAT
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SE-63-06: Bonnie Miskel, on behalf of the WSSA Florida, LLC, is requesting a special exception approval to allow a U.S
Border Patrol Facility for property located on the east side of NE 7 Avenue between Taylor Road and Eller Drive.
� �/r�f'�x'+�. ��a�r�t�'��'M�is�".�" iu„� s„3�tn�� k'f.`��"�E��� '�����i°F'�r ���� r7.::: s'���9'cs� xs*r�s� u'rr � ✓�.: �r�mrmzz� -� a
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Resolution
Staff Report
Application
Public Hearing Notice
Location Map
Mailing List
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Submitted by
Laurence Leeds Date
Department Director
Laurence Leeds Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: November 14, 2006
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director C• G
Corinne Lajoie, AICP, Principal Planner C
SUBJECT: TX-41-06/RZ-51-06/SP-48-06/SE-63-06: Bonnie Miskel, on behalf of
the WSSA Florida, LLC, is requesting a zoning code text change,
zoning map change, special exception and site plan approval to
allow a U.S Border Patrol Facility for property located on the east
side of NE 7 Avenue between Taylor Road and Eller Drive.
Text Amendment (SECOND PUBLIC HEARING)
Text amendment to allow a US Border. Patrol Facility in an Industrial
Research Office (IRO) zoning district as a Special Exception use, subject to
condition.
O Rezoning (SECOND PUBLIC HEARING)
To change the zoning map from Industrial General (IG) to Industrial Research
Office (IRO).
Waiver
To waive public sidewalk along NE 7 Avenue.
Special Exception:
To allow U.S. Border Patrol facility in an Industrial Research Office (IRO)
zoning district, which include the following accessory uses:
i. outdoor storage;
ii. dog kennel;
iii. temporary holding cells;
iv. temporary secure storage of illegal items an contraband seized by
government authorities;
v. automobile storage, service, and limited repair;
vi. limited storage and distribution of fuel;
vii. storage of weapons and ammunition;
viii.communications towers.
Site Plan:
To allow the construction of a 26,000 square foot U.S. Border Patrol/Customs
facility and accessory building.
Property Information:
ZONING: Industrial General (IG)
LAND USE DESIGNATION: Employment Center(EC)
PROPOSED USE: U.S. Border Patrol Facility
The subject property is located east of US 1 and north of the Dania Cut-Off canal.
The property is currently vacant. The applicant proposes a U.S. Border Patrol
Facility, a use not currently permitted under the current IG Zoning. The applicant
has requested to change the zoning of the property to IRO.
The parcel abuts NE 7 Avenue to the west and is surrounding by industrial zoned
lands to the north, south, and east. The main building is setback over 200 feet from
NE 7 Avenue. A smaller building and gas fuel dispensers are located to the rear of
the main building.
TEXT AMENDMENT
The applicant proposes to change the zoning code to allow a U.S. Border Patrol
Facility in IRO zoning districts, subject to conditions. Staff has revised the
applicant's language to:
(1) Regulate such a facility as a special exception, allowing the City
Commission to attach conditions to the approval.
(2) Restrict the use to lands located east of US 1, adjacent to Port Everglades,
and north of the Dania Cut-Off Canal; said facilities would also have to be
located at least 3,000 feet from any land designated for "Residential" or
"Commercial" land use.
(3) Limit the size of fully-enclosed temporary holding cells to 3,500 square feet.
(4) Outdoor holding areas to be prohibited.
REZONING
The applicant is requesting to change the zoning of the property from IG to IRO
which will now allow a Border Patrol Facility as a special exception use.
WAIVER
The applicant has requested a waiver to not construct a public sidewalk adjacent to
NE 7 Avenue on the west side of the property. Public Services will not recommend
approval of requested waiver to provide sidewalk due to ADA requirements.
SPECIAL EXCEPTION
The applicant has requesting to change the zoning of the property to IRO, which
allows several of the proposed uses as accessory to a Border Patrol facility as an
accessory use with Special Exception approval from the City Commission. The
proposed accessory uses include the following:
i. outdoor storage;
ii. dog kennel;
iii. temporary holding cells;
iv. temporary secure storage of illegal items an contraband seized by
government authorities;
v. automobile storage, service, and limited repair;
vi. limited storage and distribution of fuel;
vii. storage of weapons and ammunition;
viii. communications towers
SITE PLAN
The main building is setback over 200 feet from NE 7th Avenue. A smaller building
and gas fuel dispensers are located to the rear of the main building.
The main building contains 26,000 square feet and resembles a one-story office
building. The floor plan shows offices, meeting/squad rooms, patrol command unit,
and interrogation and interview areas. The plan also shows an armory (260 sq. ft.),
temporary holding cells (3,300 square feet), and processing areas (2,200 sq. ft).
The smaller 4,300 sq. ft. building contains a kennel, storage area, and enclosed
parking.
The City Attorney has indicated that while penal institutions and prisons are
prohibited by the Comprehensive Plan, temporary/accessory holding cells (4-20
hours) are allowed. In this case, the holding cells would constitute less than 10% of
the total building area.
Based on the City's Attorney's opinion and the location, use, and separation
requirements, the zoning code change is consistent with the Comprehensive Plan.
From a public safety perspective, please see the Police's Chiefs analysis (attached).
The following comments must be addressed prior to issuance of a building permit:
1. Must receive approval from FAA of plan and lights. 3rd time this information has
been requested (Planning Division).
2. Public Services will not recommend approval of waiver to provide sidewalk due to
ADA requirements. Provide 5' wide sidewalk along public right-of-way on NE 7tn
Avenue per pervious request (Public Services).
3. Must address comments from the Fire Marshal prior to issuance of a building
permit.
CITY CO
MMISSION:PREVIOUS ACTION ,
On August 22, 2006 the City Commission approved the plat of the subject property
on second and final reading.
On October 10, 2006 the City Commission approved the requested text amendment
and rezoning on first reading.
PLANNING AND ZONING BOARD RECOMMENDATION
On September 27, 2006 the Planning and Zoning Board recommended approval of
the requested text amendment and rezoning.
On October 18, 2006 the Planning and Zoning Board recommended conditional
approval of the waiver, special exception and site plan.
STAFF RECOMMENDATION
TEXT AMENDMENT
Approve.
REZONING
Approve.
WAIVER
Deny, based on Public Services recommendation.
SPECIAL EXCEPTION
Approve, provided the zoning of the property has been changed to IRO.
SITE PLAN
Approve, provided the applicant can address staff comments prior to issuance
of the building permit.
KEN JENNE
SHERIFF
BROWARD COUNTY
PO BOX 9507
FORT LAUDERDALE, FLORIDA 33310
DATE: September 5, 2006 BC06-188
MEMO TO: Director Laurence Leeds, AICP
Departmen of ommunity Development
FROM: Chief Bry ow rt, Commander
Dania Beac District
SUBJECT: PROPOSED BORDER PATROL OFFICE
On Tuesday, September 5, 2006, 1 met with Mario Villa, Patrol Agent-in-Charge of the
U.S. Border Patrol Station in Pembroke Pines. The Border Patrol Office is located at
7201 S. Airport Road, adjacent to North Perry Airport. The purpose of my visit was to
discuss current usage of the station and usage of the proposed Dania Beach location.
The U.S. Border Patrol leases their current facility from Gallier Enterprises (804-379-
9900). The current facility includes 15,400 square feet of office space, 3,050 square feet
of garage and maintenance space as well as approximately 25,000 square feet of
parking area. The U.S. Border. Patrol has leased this facility from Gallier Enterprises for
approximately the past 20 years. The facility houses an Administrative Section, Intel
Section, Marine Section, as well as the conventional operations section. The facility
processes illegal immigrants picked up from as far south as Marathon, Florida. During
the last calendar year, 3,021 detainees were processed at the facility.
According to Agent Villa, after being picked up or discovered, detainees are brought to
the Pembroke Pines facility for processing. The overwhelming majority of detainees are
transported to the Krone Detention Center after processing. The small numbers of
detainees who are released from the facility are not just released onto the street. These
individuals are released to relatives or other support organizations. Others are brought
to the airport or seaport for immediate departure. The current U.S. Border Patrol facility
has three (3) holding cells. None of the current cells contain showers or beds.
Detainees are held at the facility less than 24 hours. Generally, detainees are booked
and transported within three (3) hours. At the time I was at the facility, there were no
detainees being held.
I also had the opportunity to inspect the armory at the Pembroke Pines facility. The
armory was small, approximately 8 feet by 8 feet. The armory contained two large safes
which contained small arms utilized by agents assigned to the facility. The safes in
question consumed most of the space in the room.
Agent Villa indicated that the proposed Dania beach site was selected because of its
proximity to the airport and seaport as well as its proximity to 1-595 and 1-95. Agent Villa
indicated that because of reorganization it is estimated that the Dania Beach facility
would house approximately thirty (30) field agents.
If you have any other questions or comments, feel free to contact me at 954-926-2417.
cc: City Manager Pato
Lieutenant Murray
Lieutenant Dunbar
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
TX-41-06/RZ-51-06/SE-63-06
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
November 14, 2006 at 7:00 pm or as soon thereafter as possible, in the Dania Beach City Commission Room, City
Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which
might be made to the following:
Bonnie IVIiskel, Esq., Ruden-McClosky, on behalf of the property owner WSSA Florida, LLC., is requesting
rezoning and site plan approval for a border patrol facility at property located on the east side of NE 7 Avenue
between Taylor Road and Eller Drive. (Property Is located east of US 1 and north of the Dania Cut-Off canal.)
TX41-06: Zoning Code Text Amendments to the IRO Zoning district to allow a U.S. Border Patrol Facility and
Accessory Uses.
ORDINANCE NO. 2006-030 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA AMENDING ARTICLE 16, ENTITLED "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" OF
CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING" TO
PROVIDE REGULATIONS APPLICABLE TO U.S. BORDER PATROL FACILITIES AND RELATED SHORT
TERM DETENTION FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
RZ-51-06: Zoning map change from Industrial General (IG) to Industrial Research Office(IRO).
ORDINANCE NO. 2006-031 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER &
RUSSELL, P.A. ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER
DRIVE, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN
EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM IG (INDUSTRIAL GENERAL), TO IRO (INDUSTRIAL
RESEARCH OFFICE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
SE-63-06 — Special Exception request to allow U.S. Border Patrol facility in an Industrial Research Office (IRO)
zoning district, including the following uses, when incidental and accessory to the facility:
- Dog kennels;
- Indoor Holding cells;
- Secure storage of illegal items and contraband seized by government authorities;
- Automobile storage, service, and limited repair;
Storage and distribution of fuel;
Storage of weapons and ammunition;
Communications tower.
The above request is in conjunction with a site plan request (SP-48-06) for a 30,000 square foot U.S Border Patrol
facility and accessory uses.
Property is legally described as: (Exhibit A) - THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42
EAST, BROWARD COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST 100.00 FEET THEREOF FOR A
FEE SIMPLE RIGHT-OF-WAY, PURSUANT TO AN ORDER OF TAKING BY THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, AS RECORDED IN OFFICIAL RECORDS BOOK 12137, PAGE 708, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
SEE REVERSE SIDE FOR LOCATION MAP
Copies of the proposed requests are available for viewing in the Community Development Department,100 West Dania
Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call(954)924-
3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed
petition. In accordance with the_Americans With Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Louise'Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach,FL 33004, (954)
924-3622,at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City
Commission 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 based.
Lou Ann Cunningham,Planning Associate
Notice Date: November 3, 2006
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