HomeMy WebLinkAboutO-2006-030 Border Patrol Facilities 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.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH:
Section 1. That Article 16 of the City Code of Ordinances, entitled "Industrial-Research-
Office (IRO) District" of Chapter 28, "Zoning", of the City Code of Ordinances is amended to
read as follows:
ARTICLE 16. INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT
0 o 0
16.20. Permitted uses.
No building, structure, land, water, or part thereof, shall be erected, altered, or used, nor
shall the premises be used in whole or part for other than one or more of the following
specified uses:
0 0
(f) Warehousing facilities, excluding self-storage warehouses, not to exceed fifty (50)
ninety 90 percent of the gross floor area of a light industrial or office building.
0 0 0
16.30. Prohibited uses.
a o
(q) Manufacturing, /er storage of explosives or both;;provided, however, that the
storage of weapons and ammunition, when stored in conjunction with and
incidental to permitted U.S. Border Patrol facilities shall be permitted and
regulated as per section 16.40 special exception uses, of this Article.
(r) Production, refining or storage of gas, oil, or fuel i- provided, however, that the
limited storage and distribution of fuel when stored in conjunction with and
incidental to U.S. Border Patrol facilities shall be permitted and regulated as per
section 16.40, special exception uses of this Article.
(s) Solid waste transfer and disposal facilities.
(t) Boat building facilities;-. provided, however, that the storage and limited repair of
boats, when stored in conjunction with and incidental to U.S. Border Patrol
facilities shall be permitted and regulated as per section 16 40 special exce tion
uses, of this Article.
(u) Penal or correctional facilities; provided however, that temporary holding cells
when accessory and incidental to permitted U.S. Border Patrol facilities shall be
permitted and regulated as per section 16 40 special exception uses of this
Article.
(v) Permanent or temporarysge of hazardous radiological biological or chemical
materials.
16.40. Special exception uses.
a 0
(b) Uses
® 0 0
(8) U.S. Border Patrol facilities not open to the enteral public, except for visitors who
visit the facilities for purposes related to Border Patrol matters, when located east
of US 1, north of the Dania Cut-Off Canal, and directly abutting Port Everglades
and at least three (3,000) feet from any property with a City of Dania Beach
"residential" or "commercial" land use plan designation.
(9) Outdoor storage, loading and limited repair of boats and other similar watercraft
when accessory and incidental to permitted U.S. Border Patrol facilities.
(10) Dog kennel, when accessory and incidental to permitted U.S. Border Patrol
facilities.
(11) Temporary holding cells within a fully enclosed, air-conditioned building, not
to exceed 3,500 square feet in floor area, when accessory and incidental to
permitted U.S. Border Patrol facilities.
(12 . Temporary secure storage of illegal items, contraband or both (excluding
explosives other than weapons and ammunition), seized by government
authorities when stored entirely within an enclosed building and in conjunction
with and incidental to permitted U.S. Border Patrol facilities.
(13). Automobile storage, service, and limited repair facilities when used in
conjunction with and incidental to the operation of permitted U.S. Border Patrol
facilities.
(14). Limited storage and distribution of fuel when accessory and incidental to
permitted U.S. Border Patrol facilities.
2 ORDINANCE#2006-030
(15). Storage of weapons and ammunition generally associated with U.S. Border Patrol
operations not to exceed 500 square feet in floor area, when accessory and
incidental to permitted U.S. Border Patrol facilities.
(16). Communications towers up to 90 feet in height, subject to FAA requirements,
when accessory and incidental to permitted U.S. Border Patrol facilities.
16.50. Required conditions.
(a) All activities; and uses, elud „R sale display, " fa4io,and ster�rt�, shall be
conducted within a completely enclosed building..., unless specifically permitted
and regulated under section 16.40, special exception uses, of this Article.
0 0 0
Section 2. 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 3. 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 4. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on October 10, 2006.
PASSED AND ADOPTED on second reading on November 14, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS FORM AND CORRECTNESS:
J V
THOMAS J.ANSf
CITY ATTORNEY
3 ORDINANCE#2006-030
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645
.General Development Application
❑ Assignment of Flex/Reserve Units Z U
❑ Land Use Amendment /I
❑ Plat Date Rec'd:
❑ Plat Delegation Request UJ�
® Rezoning Petition No.:
❑ Site Plan _
❑ Special Exception
❑ Special Request
❑ Trafficway Waiver -Z f
❑ Variance r®�
❑ Vacation Request
❑ Other:
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 71" between Taylor Road and Eller Drive
Lot(s): Block: Subdivision: Unplatted
Recorded Plat Name: Unplatted
Folio Number(s): 504226000030 Legal Description: See Exhibit A
Applicant/Consultant/Legal Representative(circle one): Bonnie L. Miskel
Address of Applicant: Ruden McClosky, 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 rope rtyowned individually, by a corporati
on, or a joint venture? A Fonda Limited Liability Company
FTL:1829678:1
I understand that site plan approval automatically expires within 12 months of
City Compussion approval, pursuant to Ordinance No. 2005-040.
Appl' nt/Owner signature Print Name Date
APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn t and subscr�ibed before me Applicant/Consultant/Representative:
This /� day of 20 06
Signature:
Date:
Bonnie L. Miskel
Sign Name o otary Public (Print Name)
State of( R-0 Z i D A- )
Ruden McClosky
X-VEWC t� � A; L- 200 E. Broward Blvd., Fort Lauderdale, FL 33301
Print Name of Notary Street Address, City, State and Zip Code
Y "" Beverly Ann Bell
Commission sC 462142 954-527-2476 954-333-4076
Seal: Expires November 26,2009 Telephone No. & Fax No.
Of ZCIF Bone.a Tm,000"Inswranaa Inc E0038ST079
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:
Date:
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:1829678:1
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:
h9-- 1�155'14 FL&91D 19- LLC-
This ! day of 1 20 06
Signature:
Date: ,%-7 D
rNv �/t�3 Tt9
(Print Name)
Sign Name of Notary Public (Print Title)
Sta of
L XG 140 E. 2"d Street#225, Flint Michigan 48502
Print Name of Notary Street Address, City, State and Zip Code
r`
Commission Expires: G/,,Z 810-239-1199 (phone) 810-767-1196(fax)
Seal: DONNA KLAGsvw Telephone No. & Fax No.
Notary Public - Michigan
Genesee County
My Commission Expires Apr 21,2012
JOINT V NTW�6�PiAWNERSHIP NOTAR 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.
Sworn 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.
FTL:1829678:1
CITY OF DANIA BEACH Agenda Item# 9 •
Agenda Request Database
Date of Commission Meeting: 11/14/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading)
Award Bid/RFP ❑ Presentation ❑ Continued from:
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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.
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TX-41-06: Bonnie Miskel, on behalf of the WSSA Florida, LLC, is requesting a zoning code text change 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.
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Ordinance
Staff Report
Application
Public Hearing Notice
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
pf
C�rk'Use s /
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Commission Action:
0 Approved: ❑ Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
i 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.
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 Chief's 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 COMMISSION 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.
KENJENNE
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 F
• TX-41-OR
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City
i
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:
• I
TX-41-06: Zoning Code Text Amendments to the IRO Zoning district to allow
a U.S.Border Patrol Facility and Accessory Uses. (Second Public Hearing)
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.
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City of Dania Beach l �i
Boundary Map t-- ya ,owsT i
Copies of the proposed amendment is available for viewing in the Community Development
Department, 100 West Dania Beach Blvd.,Dania Beach,Florida between the hours of 8:00 a
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.ln
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.
ou Ann Cunningham
Planning Associate
Notice Date: November 3,2006
1—