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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: 1.leSt�d ACtIOn "�<'{ltlenfitY,aPP►nPrrate Actt�t3�r Mt�t�on} �� ,� � � �'�� � �-��; -����'� r � �� �°,�s,����x' r � `� f^`� �.� 's .l«c.s...,x., ,>w,,.w,..-.:.,.,.,,-, ,....�;9u „x,�...s. ._t���, �d?e..� r�• �=n:2�,£'w::'�.�.,:�1�'„�•<�s„�f'�aF� _.,.,.,.r.,..,... .....,�.�_�."'��.K��".���..S� ,v.+.x;��..��.¢:�<���,..,�„ 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. �„ '>5 {tea. - tr.y t Ac#ian �s Necessary ` � � ? f r yam' ` z � ✓ a >....,..,..a,,..u,•,..xs- ..,�s�. ,�<.,.,.<__,,,� ,.r.,�yYsz. .r .V 's;room FtSieS `S.., 3'Y' �:3 { i � , /r3 « e� .,, f {Fnl - 6°''_41 p 3 _ ,.;.'..<;X�'`.r ,�3 '�..,„x.,s.,< v dr; W;-,,., �"a,,,. y,H a.. -"' � r a Utz. :3 �� 'a 7 rn, I �a,,. .'_:.,x a 1-x n:N, '� s#b'"%ra�g •, °a : a : ;s x v ^r'' .Ct ,,¢ X s,*,<ri" 1 ' ,w 7"' r,3q. ,,�_:a "' ffz Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RFW . r`1 rs- 'X'✓ t sTM>G "�'d ' a a planattonlBackground , x 1 %s,.. _.,..,� 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. ' �,Ib�ts�',p1tt8Ched k�'sr �z 6� Y �S f� A .� M. r' ` 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 / ��. . .� IWM 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. Pon E VYo 7F Rp� 5� INTERSTATE 585 GR1ifW RU N C_ 11..eTaoe > DANIA BEACH Bt � n o SIIRLING R p 2 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—