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HomeMy WebLinkAboutO-2006-031 WSSA Rezoning 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. 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 City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by John E. Sabty, Manager of WSSA Florida, LLC, for property generally located on the east side of NE 71" Avenue between Taylor Road and Eller Drive, within the City of Dania Beach, Florida, is granted and the parcel, as described in Exhibit "A", a copy of which is attached to this Ordinance, is rezoned from the "IG" zoning classification to the "IRO" zoning classification. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. 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 TO FO ND CORRECTNESS: BY: THOMA J. AMBRO CITY ATTORNEY 2 ORDINANCE 42006-031 EXHIBIT "A" LEGAL DESCRIPTION LEGALLY DESCRIBED AS: 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. 3 ORDINANCE#2006-031 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 Z ❑ Plat Date Rec'd: ❑ Plat Delegation Request ® Rezoning Petition No.: ❑ Site Plan ❑ Special Exception I/ ❑ Special Request y ❑ Trafficway Waiver f ❑ Variance ,®�jj ❑ Vacation Request �� A4 ❑ Other: P 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"'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 property owned individually, by a corporation, or a joint venture? A Florida Limited Liability Company FTL:1829678:1 I understand that site plan approval automatically expires within 12 months of City Com ion approval, pursuant to Ordinance No. 2005-040. Appl' Owner—signature Print Name Date �w APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom tq and subscrib d before me Applicant/Consultant/Representative: n This // day of «`/ 20 06 Signature: Date: _I�/40(a Bonnie L. Miskel Sign Name o otary Public (Print Name) State of( R-D 21 O A- ) n_ I Ruden McClosky A' )�CZ�-- 200 E. Broward Blvd., Fort Lauderdale FL 33301 Print Name of Notary Street Address, City, State and Zip Code Y "� Beverly Ann Bell Commission] es 954-527-2476 954-333-4076 Seal: C0MI!.ssion#BB462142 Telephone No. & Fax No. 0,�P Efk��pmy Is,Novense Inc 2009 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 McCloskv to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: h� 1 554 FL,&Zi1b.4- LLC This ! day of 20 06 Signature: r Date: -7/7 1Z 7 S473 Ty (Print Name) T ri �' /YI�Nzr3 _ Sign Name of Notary Public (Print Title) Sta of L XG fa5r" 140 E. 2"d Street#225, Flint Michigan 48502 Print Name of Notary Street Address, City, State and Zip Code i Commission Expires: 810-239-1199 (phone) 810-767-1196(fax) ?' Seal: Telephone No. & Fax No. DONNA L KLAGSTAD Notary Public - Michigan Genesee County My Commission Expires Apr 21,2012 JOINT V"N &Pt WNBR8HIP 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/ConsultanURepresentative) 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 i Exhibit"A" The North 1/2 of the Southwest 114 of the Southeast 114 of the Northwest 1/4 of Section 26,Township 50 South, Range 42 East,Broward County,Florida. LESS AND EXCEPTING the West 100 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. FTL 1829678:1 WSSA FLORIDA LLC REZONING FROM IG TO IRO The applicant is requesting that the subject property be rezoned from IG to IRO to allow a border patrol facility. The proposed facility is in conformance with the companion text amendment submitted for the IRO district. The proposed use and the IRO zoning are both consistent with the underlying Employment Center land use plan designation. Further, the properties immediately north and south of the subject site are also zoning IRO. Therefore, the proposed IRO zoning is consistent with the surrounding zoning pattern. FTL:1845049:1 CITY OF DANIA BEACH Agenda Item # Agenda Request Database M Date of Commission Meeting: 11/14/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: «b._ .« ., ... ,«s:_a 2r. �5. .„ u^' .,r: £�ku .?�' rots.,c. � !.»sf "5 �*2E,r-r �"• F".a 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. f � ��+CCO plisheS� , a :�9� egluests��C't�1LY �.y-�,�, � � � 1 � ;�:�,� ���� �` ���• �; Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RZ-51-06: Bonnie Miskel, on behalf of the WSSA Florida, LLC, is requesting a zoning map 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 Ordinance Staff Report Application Public Hearing Notice Mailing List Location Map 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 ,ez� ,,.z,s✓t}r t "��', �.� � �' -p�z ,< �'$�`��„ ��� rti�<-a; Fez• .��. 5 a �, ^m� �„`%'� s?",��"t'.nk W�,�,�� �, >�. ' S -,�,..�� Wrz ✓ ��r",� afi z �S,w••'.<ti,.,��sM. :. 1� .r .z 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. RezoningSECOND PUBLIC HEARING)( G) 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 reconnmend 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 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. WSSA FLORIDA LLC 140 EAST SECOND STREET#225 810-239-1 199 T FONT,MICHIGAN 48502 810-767-1 196 F City of Dania Beach September 12,2006 Municipal Planning � 100 West Dania Beach-Blvd )p( Dania Beach,FL 33004 RE: US Customs and Border Protection SEP 18 1006 Border Patrol NE 7a'Avenue Planning Dania Beach,Fl D @ P a rtm ant Municipal Commissioners and Advisors, Please accept this correspondence as a narrative description of the on site use for the above referenced development project. The 43-acre vacant land parcel located on NE 7'h 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 Station. Within 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 facility such as an insurance company,bank office, 4 or alike. The facility will have multiple parking lots for employees and a separate parking lot for the public. The entire property will be fenced with a 6 ft 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 ® 2 juvenile group-holding rooms for multiple member groups • 1 central search room ® 1 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 0 Agents. ® While continually secured,they are searched and moved to a holding room. r City of Dania Beach September 12,2006 Page 2 4 ® While continually secured,they are escorted to the central processing area where they are interviewed and their immigration status is verified. • 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. o 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—8 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, biographical data,record 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;CBP Border Patrol will have their staff and visiting employee personnel working on a daily basis with about 40+/-employees over a 24-hour period. Also included in these administration areas are: 9 Multiple interior offices for US Border Patrol administrative personnel and staff o Conference and meeting rooms o Open work areas with modular system furniture o Interior employee galley • Public reception area ® 3 interior dog kennels • 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 _ o Real estate tax generated revenue for the City of Dania Beach e Minimal local services impact and cost to the City of Dania Beach A safe and secure use in a minimally populated area o Economic generator for typically a"parking lot"and"storage"adjacent use area o Possibly the largest&newest office facility currently proposed for the City of Dania Beach ® An office facility that is constructed as a corporate office design offering longevity O 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 you for your consideration John Sabty WSSA Florida LLC 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 Miskel, 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-®ff 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 L OC.4 TION AIAP 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. 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