HomeMy WebLinkAboutR-2002-023 Confirming that the city supports the creation of a "Riverland Communities Protection District" to Legalize users, buildings and structures that are nonconforming with county and city code RESOLUTION NO. 2002-023
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
CONFIRMING THAT THE CITY SUPPORTS THE CREATION OF A
"RIVERLAND COMMUNITIES PROTECTION DISTRICT" TO
LEGALIZE USES, BUILDINGS AND STRUCTURES THAT ARE
NONCONFORMING WITH COUNTY AND CITY CODE, UPON
SUCCESSFUL ANNEXATION OF THE GREATER RIVERLAND
ROAD UNINCORPORATED AREA FROM BROWARD COUNTY BY
THE CITY OF DANIA BEACH, FLORIDA.
WHEREAS, the Florida Legislature enacted a special act (HB 915, 2001) authorizing a
vote on the annexation of the "Greater Riverland Road Area" ("Riverland Area") into either the
City of Dania Beach or the City of Fort Lauderdale; and
WHEREAS, the City Commission of the City of Dania Beach ("City") voted to affirm its
interest in the annexation of the Riverland Area as provided by the special act, and the
election has been scheduled for March 12, 2002; and
WHEREAS, the Riverland Area will become a part of the municipality for which a
majority of its voters have voted, effective September 15, 2002., and
WHEREAS, many of the properties in the Riverland Area are nonconforming with the
current County Code of Ordinances or will be nonconforming with the City Code of Ordinances
if it is applied to them as a result of successful annexation by the City of Dania Beach; and
WHEREAS, in recognition of the nonconforming status of these properties, the special
act provides at Section 7 that "for any use, building or structure that is legally in existence at
the time the Riverland Area becomes a part of the municipality, such use shall not be made a
prohibited use by the municipality, on the property of said use, for as long as the use shall
continue and is not voluntarily abandoned;" and
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WHEREAS, residents of the Riverland Area have expressed concern because records
of the permits and approvals for many properties in the Area are missing from official County
files, thus making it impossible for these residents to establish that their use, building or
structure is "legally in existence" as provided by the special act; and
WHEREAS, the Riverland Area possesses a unique character and is
geographically located in a place that makes it suitable for specialized treatment under the
City's zoning and land use regulations; and
WHEREAS, the City Commission is willing and intends to create a "Riverland
Communities Protection District," which will apply zoning and land use requirements tailored to
preserve the unique nature and special character of the annexation Area, including essential
life and safety regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA.-
Section 1. That upon the successful annexation of the Riverland Area, the City of
Dania Beach, in consultation with the Riverland residents, will establish the "Riverland
Communities Protection District" tailored to preserve the unique nature and special character
of the Riverland Area.
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 this 26th day of FEBRUARY, 2002.
PATRICIA FLURY
MAYOR — COMMISSIONER
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ATTEST: ROLL CALL:
v4A,6� COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE JOHN(WN COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FO M A CORRECTNESS:
BY: 1
THOMAS J. NSBRC
CITY ATTORNEY
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