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HomeMy WebLinkAboutO-2002-051 ORDINANCE NO. 2002-051 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; RE-ZONING INCORPORATED PROPERTIES FROM BROWARD COUNTY ZONING DISTRICTS AS DEPICTED ON THE MAPS ATTACHED AS COMPOSITE EXHIBIT A AS FOLLOWS: FROM COUNTY ZONING DISTRICT B-1 TO CITY ZONING DISTRICT C-1; FROM COUNTY ZONING DISTRICTS B-2, B-2A, AND B-2B, TO CITY ZONING DISTRICT C-2; FROM COUNTY ZONING DISTRICT B-3 TO CITY ZONING DISTRICT C-3; FROM COUNTY ZONING DISTRICT B-4 TO CITY ZONING DISTRICT C- 4; FROM COUNTY ZONING DISTRICTS M-1, M-2, AND M-4 TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 (EXCLUDING M-3 ZONED PROPERTIES UNDER THE JURISDICTION OF PORT EVERGLADES) TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 THAT ARE UNDER THE JURISDICTION OF PORT EVERGLADES TO CITY ZONING DISTRICT PEDD; PROVIDING CONFLICTS; PROVIDING FOR A SAVINGS CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, properties depicted on maps attached as Composite Exhibit A, a copy of which is attached and incorporated by reference, were annexed from Broward County into the City pursuant to Chapter 171, Florida Statutes; and WHEREAS, the City has amended its Future Land Use Map to incorporate these annexed properties; and WHEREAS, the City desires to re-zone the non-residential properties described in Composite Exhibit A in order to streamline enforcement of the City's Code, and to apply the City's Code to the re-zoned properties; and WHEREAS, the City Planning and Zoning Board ("Board") has held public hearings, duly noticed and otherwise has satisfied all applicable notice requirements as required by Chapter 28 "Zoning," Article II "Notice Application Process," Section 11.10 of the City Code, and Section 166.041, Florida Statutes (2002) for a City initiated re-zoning, and has transmitted to the City Commission its report and recommendation with respect to the rezoning of properties as described on the maps attached as Composite Exhibit A; and 1 ORDINANCE NO. 2002-051 WHEREAS, in accordance with Chapter 19, Section 19-3 of the City Code, the Board has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. The above recitals are true and correct and are incorporated by reference. Section 2. Re-zonings a. That those properties depicted on the maps provided on Composite Exhibit A zoned B-1 under the Broward County Code ("Broward Code") are hereby re-zoned to the City of Dania Beach's C-1 zoning district. b. That those properties depicted on the maps provided on Composite Exhibit A zoned B-2, B-2A, and B-213 under the Broward Code are hereby re-zoned to the City of Dania ® Beach's C-2 zoning district. C. That those properties depicted on the maps provided on Composite Exhibit A zoned B-3 under the Broward Code are hereby re-zoned to the City of Dania Beach's C-3 zoning district. d. That those properties depicted on the maps provided on Composite Exhibit A zoned B-4 under the Broward Code are hereby re-zoned to the City of Dania Beach's C-4 zoning district. e. That those properties depicted on the maps provided on Composite Exhibit A zoned M-1, M-2, and M-4 are hereby re-zoned to the City of Dania Beach's IG zoning district. f. That those properties depicted on the maps provided on Composite Exhibit A zoned M-3 (excluding M-3 zoned properties under the jurisdiction of Port Everglades) are hereby re-zoned to the City of Dania Beach's IG zoning district. g. That those properties depicted on the maps provided on Composite Exhibit A zoned M-3 that are under the jurisdiction of Port Everglades are hereby re-zoned to the City of Dania Beach's PEDD zoning district. Section 3. Map Amendment. That Section 3.20 "Zoning Map" of Chapter 28 "Zoning" of the Dania Beach City Code, is hereby amended by amending the Dania Beach 2 ORDINANCE NO. 2002-051 Zoning District Map to indicate the inclusion and rezoning of properties as described in Composite Exhibit A and as re-zoned by Sections l(a)-(e) described above. Section 4. Authorization of City Manager. That the City Manager or his designee is hereby authorized to make the necessary notations and revisions upon the maps and records of the City in accordance with the Ordinance. Section 5. Remainder of Chapter 28 Unaffected. That except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 6. Conflict. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 7. Severability. 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 8. Effective Date. That this ordinance shall be in force and take effect on December 13, 2002. PASSED AND ADOPTED on first reading on November 26, 2002. PASSED AND ADOPTED on second reading on December 10,2002. IROB ED: H. CHUNN, JR. -COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA- YES cialk)_p5j� COMMISSIONER MIKES- YES CHARLENE O NSON VICE-MAYOR FLURY- YES CITY CLERK MAYOR CHUNN- YES APPROVED A31 TO FORM AND CORRECTNESS: T140 AN BRO CITY ATTORNEY 3 ORDINANCE NO. 2002-051 d CITY OF DANIA BEACH -rest report he is NOTICE OF PUBLIC HEARING school treasurer. dice suspected ,g aes as far The City Commission of the City of Dania Beach proposes to adopt the following ordinance: -ard§PArrest but gh evidence to Date: Tuesday,December 10,2002 ud school police Time: 7:00 p.m.,or as soon thereafter as possible ;gt. Carlos Fer- Place: City Commission Room Dania Reach Administrative Center 100 West Dania Beach Blvd. >rs believe there Dania Beach,Florida i ms at the school c come forward, AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO id;and Edwards'mentions.other. ZONING; RE-ZONING INCORPORATED PROPERTIES FROM BROWARD COUNTY similar accusa- ZONING DISTRICTS AS DEPICTED ON THE MAP ATTACHED AS COMPOSITE are also talking EXHIBIT A AS FOLLOWS: FROM COUNTY ZONING DISTRICT B-1 TO CITY who said Phillips ZONING DISTRICT C-1; FROM COUNTY ZONING DISTRICTS B-2, B-2A,AND B- years ago, Fer= 26,TO CITY ZONING DISTRICT C 2; FROM COUNTY ZONING DISTRICT B-3'TO statement from CITY ZONING DISTRICT C-3; FROM COUNTY ZONING.DISTRICT B-4 TO CITY a three-sentence ZONING DISTRICT C-4; FROM COUNTY ZONING DISTRICTS M-1, M-2,AND M- . said Phillipsr ' 4 TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 order to prevent - tion of the opera- (EXCLUDING M-3 ZONED PROPERTIES UNDER THE JURISDICTION OF PORT EVERGLADES) TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING A is owned by DISTRICTS M-3 THAT ARE UNDER THE JURISDICTION OF PORT EVERGLADES yor Myra Taylor -etueturn calls seek- , TO CITY ZONING DISTRICT PEDD; PROVIDING FOR CONFLICTS; PROVIDING Principal Elvira FOR A SAVINGS CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE., not discuss the City of Dania Beam a rated an ) General Location CaAage., ica center for i of Proposed 7oaeieag h eight-graders lafana said.This t.- Change Areas .t with Vankara - K-MMA ►_ iter to handle up _s, and VilWaiia -ere currently center's fee is _ K number of stu- each month and - 3685,662 for the -- -writer Sofia San- d to this report ®ve Proposed Zoning Change Areas ive less incentive rob visitors and City of Dania Beach Boundary ERIDAN ST s,Watkins said. 's crime suppres- This ordinance affects properties throughout the city. For information about or to inspect the proposed roblem-solving amendments,contact the City's Growth Management Department,100 West Dania Beach Blvd.,Dania Beach, veeks compiling Florida,(954)924-3645 between the hours of 8:00 a.m.and 4:00 p.m,Monday-Friday. Interested parties may ut 30 curbside appear at the public hearing and be heard with respect to the proposed amendments ng undercover inidbing fig- In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact ILAW Charlene Johnson,City Clerk 100 W.Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3622,at least 48 hours prior to meeting. to the 15 people drug charges, Any person who decides to appeal any decision made by the Dania Beach City Commission with regard to any matter considered at this meeting !king another 15 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, rd the area. which record includes the testimony and evidence upon which the appeal is to based. 9M M"N featuring z w k ......».,.. ..........I..... , :" i . _ U .e \�' � ,-`� _ FEDERAL_HWY_ j� t� .� uJ - .mm { INTERSTATE 9 \ 77 cu _ M . _ i — _ — — .... .I...... _.. � O � co — s r rto7-7­ - s _ ... : U \ cc .... - C ,:� '4Q1 AVE X. SW O O 1 AGENDA REQUEST FORM CITY OF DANIA BEACH m9k AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 10, 2002 2. DESCRIPTION OF AGENDA ITEM: 2ND PUBLIC HEARING—REZONING FROM BROWARD COUNTY ZONING FOR COMMERCIAL PROPERTIES 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND AND FINAL PUBLIC HEARING 4. SUMMARY EXPLANATION & BACKGROUND: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; RE-ZONING INCORPORATED PROPERTIES FROM BROWARD COUNTY ZONING DISTRICTS AS DEPICTED ON THE MAPS ATTACHED AS COMPOSITE EXHIBIT A AS FOLLOWS: FROM COUNTY ZONING DISTRICT B-1 TO CITY ZONING DISTRICT C-1; FROM COUNTY ZONING DISTRICTS B-2, B-2A, AND B-213, TO CITY ZONING DISTRICT C-2; FROM COUNTY ZONING DISTRICT B-3 TO CITY ZONING DISTRICT C-3; FROM COUNTY ZONING DISTRICT B-4 TO CITY ZONING DISTRICT C-4; FROM COUNTY ZONING DISTRICTS M-1, M-2, AND M-4 TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 (EXCLUDING M-3 ZONED PROPERTIES UNDER THE JURISDICTION OF PORT EVERGLADES) TO CITY ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 THAT ARE UNDER THE JURISDICTION OF PORT EVERGLADES TO CITY ZONING DISTRICT PEDD; PROVIDING CONFLICTS; PROVIDING FOR A SAVINGS • CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date December 2, 2002 Growth Management Department City Manager Date GROWTH MANAGEMENT DEPARTMENT • STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: December 10, 2002 City Commission Meeting RE: Rezoning of County Commercial and Industrial Zoning Districts to the applicable City of Dania Beach Commercial and Industrial Zoning District Designation (SECOND READING: SECOND PUBLIC FEARING) APPLICANT: Growth Management Department EXPLANATION The attached ordinance amends the County Commercial and Industrial zoning districts as follows: 1) The rezoning of Broward County "B" (Business) Districts to the applicable City of Dania Beach "C" (Commercial) Districts. These properties were annexed between 1990 and 2001 and are generally located along Ravenswood Road, State Road 84, Griffin Road, and Stirling Road west of Bryan Road. 2) The rezoning of Broward County "M-1, M-2, M-3, and M-4" (Industrial) Districts to the City of Dania Beach "IG" (General Industrial) Districts. These properties were annexed in 2001 and include the FPL Plant (plus vacant FPL property located on the South Fork of the New River), the Broward County Resource Recovery Plant on State Road 441, and small parcels along SW 44 Avenue north of Griffin Road. 3) The rezoning of Broward County "M-3" Industrial Districts under the jurisdiction of Port Everglades to the City of Dania Beach PEDD ("Port Everglades Development District's zoning district. In the 1980's, Dania Beach, Hollywood, Fort Lauderdale, and Broward County agreed to rezone port properties (regardless of municipal jurisdiction) to a common zoning district known as the "Port Everglades Development District" or • PEDD. While the Dania Beach zoning code includes the PEDD category, only two properties within port jurisdiction have been rezoned. The rezoning of the remaining port properties (primarily north of Eller Drive) is required by the 1980's agreement. Please note that each County zoning district is being rezoned to the most similar City zoning district so as to preserve each individual landowners property rights TIONALE AND JUSTIFICATION Staff enforces three different zoning codes; the 1990 Broward County zoning code, the 2002 Broward County zoning code, and the 2002 Dania Beach zoning code. The rezoning consolidates all three codes into the 2002 City of Dania Beach zoning code, making for easier and more equitable enforcement of commercial and industrial zoning regulations. PLANNING AND ZONING BOARD RECOMMENDATION Approval.