HomeMy WebLinkAboutR-2000-077 RESOLUTION NO. 2000- 077
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE ZONING APPEAL REQUEST
SUBMITTED BY DAVID S. PEARL, SR. OWNER OF
UNIWELD PRODUCTS, INC., FOR PROPERTY LOCATED
AT 2850 RAVENSWOOD RD. (TRACTS 4, 5 AND 6 OF THE
SEABOARD FARMS SUBDIVISION), DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of
Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of this chapter; and
WHEREAS, David S. Pearl, Sr., owner of Uniweld Products, Inc., property located at 2850
Ravenswood Rd., Dania Beach, described as Tracts 4, 5 and 6 of the Seaboard Farms
- Subdivision, has requested a zoning appeal of the decision of the Growth Management Director as
follows:
Appeal 1: Appeal from the Decision of the Growth Management Director that
"elected and appointed officers and employees" cannot accept or process a
zoning amendment that allows uses that not permitted by the temporary
moratorium ordinance
(Appeals limited to Tracts 4, 5, and 6 of the Seaboard Farms Subdivision); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application letter dated May 3, 2000 (ZA-004-00) for a zoning
appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is
approved.
•
r-za-004-00 uniweld.doc 1 RESOLUTION NO. 2000-077
rSection 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repealed to the extent of such conflict.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 23RD DAY OF MAY, 2000.
MAYOR - COMMI ONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL 6HAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
APPROVED AS TO F M AND CORRECTNESS:
• BY:
TH MA J. N BRO
CITY ATTORNEY
r-za-004-00 uniweld.doc 2 RESOLUTION NO. 2000-077
® NOTICE OF PUBLIC HEARING
BY THE DANIA BEACH CITY COMMISSION
REGARDING THE FOLLOWING
ZONING APPEAL
Notice is hereby given of an appeal requested by David S. Pearl Sr., owner of "Uniweld
Products, Inc." located at 2850 Ravenswood Road, Dania Beach, Florida, from the
decision made by the Growth Management Director on May 3, 2000, where it was
determined that the Department could not (a) accept and process an application for a
rezoning request for property owned by David S. Pearl / Uniweld Products, Inc., located
within the moratorium area and (b) remove said properties from the proposed IROM
zoning moratorium area.
The affected properties are located south of State Road 84 and West of 1-95 in the
Seaboard Farms subdivision including, Tracts 4, 5 and 6 which abut Ravenswood to the
west and a portion of Tract 16 which abuts Ravenswood Road to the east along with
properties located North of 1-595 / SW 31 st Street and East of SW 26th Terrace in the
Tropic Farms subdivision, Block 1, Lots 1-4 in the City of Dania Beach.
The Dania Beach City Commission will hear this appeal on Tuesday, May 23, 2000 at
7:30 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania
Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida.
® All interested parties may appear at said meeting and be heard with respect to the
proposed petition(s). Copies of the proposed petition are available for viewing in the
Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida
between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. 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 Sheryl Chapman, Administrative
Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630,
at least 72 hours prior to meeting.
Any person who decides to appeal any decision made by 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.
Mailed / Published: May 12, 2000
Uniweld/Pearl appeal
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
_9 3
1. DATE OF COMMISSION MEETING: 05/23/00
2. DESCRIPTION OF AGENDA ITEM: ZA-004-00 -APPEAL REQUEST BY DAVID S.
PEARL SR., OWNER OF "UNIWELD PRODUCTS, INC."
The affected property located 2850 Ravenswood Rd., described as Tracts 4, 5 and
6 of the Seaboard Farms subdivision in the City of Dania Beach.
3. COMMISSION ACTION BEING REQUESTED: GENERAL APPROVAL OF ITEM
4. SUMMARY EXPLANATION & BACKGROUND:
Mr. Pearl is appealing the decision made by the Growth Management Director on
May 3, 2000, where it was determined that the Department could not (a) accept
and process an application for a rezoning request for property owned by David S.
Pearl / Uniweld Products, Inc., located within the moratorium area and (b) remove
said properties from the proposed IROM zoning moratorium area.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff report
Public Hearing Notice
Location map
Applicant backup
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Staff review
Submitted by:
Laurence G. Leeds,AICP, Director Date 05/16/2000
Growth Management Department
City Manager Date
•
STAFF REPORT
• GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management
RE: Appeal 1: Appeal from the Decision of the Growth Management
Director that "elected and appointed officers and employees"
cannot accept or process a zoning amendment that allows uses
that not permitted by the temporary moratorium ordinance (Appeal
limited to Tracts 4, 5, and 6 of the Seaboard Farms
Subdivision)
Appeal 2: Appeal From Decision of Growth Management
Director that the Uniweld Parcel cannot be removed from the
temporary moratorium jurisdictional area (Tracts 4, 5, and 6 of the
Seaboard Farms Subdivision)
• (Property Located At 2850 Ravenswood Road)
Date: May 19, 2000 (May 23, 2000 City Commission Meeting)
Applicant: Steve Cissel, on behalf Uniweld, Inc.
The subject parcel has a current zoning designation of Broward County M-2 ("Medium
Intensity Industrial"). According to the applicant, current operations include the
following:
1) Stamping, Punching, etc. of Sheet Metal exceeding one-eight inch in thickness.
2) Automatic Screw Machines.
3) Drop Forging.
4) Oil Compounding or Barreling.
Items 1 and 2 are permitted under the applicant's current County M-2 Zoning. Items 3
and 4, however, are not permitted under the current County M-2 Zoning.
Both the Drop Forge and Oil Compounding/Barreling uses are considered "general
industrial or heavy manufacturing" uses under the County M-3 zoning. As such, these
• uses are non-conforming under their current County M-2 zoning.
Un iweldappeal.001.doc
• Non-conforming uses may continue operating indefinitely and may be sold to others.
However, non-conforming uses cannot be continued or rebuilt if one of the following
occurs.
a) 75% or more of the operation is destroyed through fire, storm, or other calamity.
b) The use is abandoned for one year or more.
Appeal 1
The temporary moratorium ordinance does not permit staff to accept or process a
rezoning change which would allow a use not permitted by the moratorium ordinance.
With the exception of boat building in M-3 and M-4 County zoning districts, the
moratorium does not allow the "medium intensity" or "heavy" manufacturing uses that
are currently part of the Uniweld operation. The moratorium area is generally intended
for light industrial uses, and excludes those "medium intensity" or "heavy" manufacturing
uses associated with Uniweld.
The applicant has requested Dania Beach IG (Industrial General) zoning. IG zoning
allows fabrication, assembly, and manufacturing. Transportation terminals and waste
collection/treatment facilities are allowed as "special exception" uses in IG. Dania
Beach IG is a "generic" zoning category and places no restriction on the intensity of the
manufacturing uses. As such, the current Uniweld Operations would be permitted
under IG zoning.
• Because Dania Beach IG allows "medium intensity" and "heavy" manufacturing 9 uses
prohibited by the moratorium, staff cannot accept or process applicant's rezoning
request. Staff is not expressing an opinion or judgment on the Uniweld operation. Staff
is simply applying the language in the adopted ordinance.
Please note that if the appeal is granted, there exists the possibility that similar,
additional appeals may be submitted from adjoining property owners or property owners
located elsewhere in the moratorium area.
Appeal 2
Applicant has requested that the Uniweld parcel be removed from the moratorium area.
Attached is copy of the moratorium ordinance and map. Please note that the
moratorium ordinance (both text and map) clearly include the Uniweld parcel. As such,
staff cannot support removal of the Uniweld parcel from the moratorium area. Again,
staff is not expressing an opinion or judgment on the Uniweld operation. Staff is simply
applying the language (and map) in the adopted ordinance.
2of3
• IROM Zoning District
The currently adopted IROM (Industrial-Research-Office-Marine) zoning district is based
partially on the IRO (Industrial-Research-Office) zoning district developed in the mid-
1980's to encourage tax-base intensive light industrial development. The IRO
specifically excluded medium or heavy industrial uses.
The current [ROM (unlike IRO) permits marine-intensive uses. However, the IROM is
still predominantly a light industrial district, and as currently written, would not permit the
medium or heavy industrial operations of Uniweld.
Staff has held two well-attended public hearing on changes to the IROM and intends to
hold more hearings. Property owners (like Uniweld) have expressed concern that IROM
zoning would turn their operations into non-conforming uses.
Again, non-conforming uses will not be forced out-of-business by the City upon adoption
of the IROM. Non-conforming uses may continue operating indefinitely and may be
sold to others. However, non-conforming uses cannot be continued or rebuilt if one of
the following occurs.
a) 75% or more of the operation is destroyed through fire, storm, or other calamity.
b) The use is abandoned for one year or more.
® The City Attorney and myself have been working with property owners to address their
concerns, and as such, the "draft" IROM ordinance (included in your backup) will be
revised considerably. Staff will be happy to answer questions regarding the status of
the draft IROM ordinance.
STAFF RECOMMENDATION
The language of the moratorium ordinance does not allow staff to support either appeal.
If the Commission chooses to grant either appeal, said approval should be limited to
Tracts 4, 5, and 6 of the Seaboard Farms Subdivision (Existing Uniweld Site).
•
3 of 3
• ORDINANCE NO. 2000-016
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND
PROCESSING CERTAIN APPLICATIONS FOR ZONING
DEVELOPMENT ORDERS; ESTABLISHING THE AREA
AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST
OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE
LAND USE"INDUSTRIAL" DESIGNATION; PROVIDING THAT THE
MORATORIUM SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL,
LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES,
WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT
INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS
MORE PARTICULARLY PROVIDED IN THE ORDINANCE;
PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND
PROVIDING AN EFFECTIVE DATE THEREFORE.
WHEREAS, the City of Dania Beach, pursuant to Ordinance No. 2000-006, adopted
on January 25, 2000, through the City Commission, extended the temporary and limited
moratorium, which was adopted on May 12, 1998 by Ordinance No. 09-98,which affected
several properties west of Interstate 95 which enjoy a Comprehensive Plan Future Land
. Use Industrial Designation (the "affected area"); and,
WHEREAS, properties in the affected area continue to enjoy different Industrial
zoning classifications; and,
WHEREAS, as described in the prior ordinance, the existing Dania Beach zoning
scheme is "pyramid" in nature, such that a wide variety of commercial and light industrial
uses are permitted in heavy industrial zoning categories; and,
WHEREAS, a need to examine the suitability of the City's Comprehensive Plan
provisions and land development regulations for the Industrial designated properties west
of 1-95 arose as a result of redevelopment and redevelopment efforts in the northwest part
of the City (commonly referred to as "Marina Mile") and as a result of substantial new
development underway in the southern and western part of the City (e.g., the "Bass Pro"
Outdoor Center and the International Game and Fish developments); and,
WHEREAS, the Dania Beach City Commission previously determined that a time
period was needed to conduct appropriate studies and prepare Comprehensive Land Use
Plan amendments and zoning amendments necessary to ensure that development within
0 1 ORDINANCE NO. 2000-016
the area affected by the temporary and limited moratorium met the to-be-defined Goals,
Objectives and Policies of Dania Beach; and,
WHEREAS, the City of Dania Beach finds it necessary to extend or re-enact the
moratorium which law was and still is narrowly tailored to continue to temporarily halt the
processing of zoning development applications for certain types of uses perceived as
heavy industrial in nature, while leaving unaffected a wide variety of available light
industrial and other uses in the affected area; and,
WHEREAS, the City Commission has determined that in the interest of the public
health, safety and welfare, an extension or re-enactment of the moratorium is necessary to
continue to hold in abeyance the establishment of any new uses in the nature of heavy
industrial uses in the affected area until a comprehensive review has been conducted and
completed so that the City can prevent or minimize improper land use distributions,
excessive noise levels, and other impacts that could have negative effects; and,
WHEREAS, as the prior ordinance reported,the City recently retained a new Growth
Management Director who is responsible to undertake the full responsibilities associated
with the chief planning functions of the City, and the new Growth Management Director
needs additional time to become acquainted with the City and its issues, regulations, local
City Codes, practices, geographical features and aspects of developments which are in
existence, under way, or approved for construction to proceed; and,
WHEREAS, the City governing body has, on a number of occasions, discussed the
need of the City to address the wide spectrum of issues and the various alternatives
available for the reasonable control and regulation of developmental aspects of the
affected area and uses appropriate to be accommodated within it; and
WHEREAS, an extension or re-enactment of the moratorium will also allow for the
participation by the businesses and industries which would be affected or regulated, and
will help ensure that a meaningful dialog is established among the City and the various
businesses, industries and residents before permanent regulations are promulgated and
codified;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA THAT:
SECTION 1: The foregoing recitals are incorporated by this reference as if fully set
forth in the text of this Ordinance. The recitals evidence the continuing concerns,
motivations, and reasons for the imposition of the following extended and re-enacted
limited moratorium.
2 ORDINANCE NO. 2000-016
SECTION 2: The properties which remain affected by this temporary and limited
moratorium are those lands within the City of Dania Beach lying west of 1-95 which enjoy a
Comprehensive Plan Future Land Use Designation of Industrial. These properties are
referred to as the "affected area".
SECTION 3: That Ordinance No. 2000-006, adopted January 25, 2000, which
extended the temporary and limited moratorium through April 25, 2000, is, in practical
effect, extended and re-enacted as a new temporary ordinance, to extend the effective
moratorium date for an additional 4 month period of time through August 8, 2000. City
elected and appointed officers and employees are again authorized and directed to refrain
from accepting or processing any Development Order applications for approval of or for the
establishment of any use allowable in any of the affected area's Industrial zoning
categories, except for other than one or more of the following uses:
a. any use permitted in a C-4 district(and consequently, by pyramid zoning, the
C-3, C-2, and C-1 districts) as provided by the regulations therein, subject to
compliance with the Dania Beach Comprehensive Plan [except for: (i) the
storage and sale of lumber and building materials within a completely
enclosed building; (ii) warehousing or storage facilities unrelated to marine
activities; (iii) automobile, truck, motorcycle, trailer, and recreational vehicle
sales, repair, service, storage, rental and leasing; and (iv) enclosed vehicle
repair shops.]
b. manufacture of the following:
i. candles
ii. candy
iii. ceramic products, electrically fired
iv. jewelry
V. optical equipment
vi. orthopedic and medical supplies
vii. pharmaceutical products
viii. pottery, electrically fired
ix. precision instruments, assembly only
X. spices and spice packing
xi. stationery printing
xii. television, radio and phonograph assembly
C. manufacture of products from aluminum, brass, bronze, copper, steel or
other metal or from bone, cloth, hair, leather, paper, rubber, shell, plastic, or
wood, provided power not in excess of twenty (20) horsepower on any one
(1) motor is utilized in the operation of any one (1) machine, such as:
3 ORDINANCE NO. 2000-016
i. artificial flowers, feathers, or plumes
ii. buttons or novelties
iii. electrical fixtures
iv. electronic devices
V. musical instruments
vi. small parts and devices
d. any of the following:
i. bakery
ii. carpenter and cabinet shop
iii. hydroponic garden
iv. printing, publishing and lithography and engraving
V. boat building and repair, up to a forty-five foot (45) length, when
located more than one thousand feet (1,000') from residential zoned
property
vi. plumbing or electrical shop entirely within an enclosed building
e. the warehouse and storage buildings for boats of any size located more than
one thousand two hundred feet (1,200') from residential zoned property.
® f. entertainment as a special exception use and subject to compliance with the
Dania Beach Comprehensive Plan.
g. on M-3 and M-4 zoned property, docks and docking of boats and ships for
loading and unloading, storage, repair, and building of boats not over one
hundred twenty feet (120') in length.
As used herein, a Development Order shall mean an application for site plan approval,
rezoning, special exception, variance, or other zoning approval prerequisite to the issuance
of a building permit pursuant to the South Florida Building Code.
SECTION 4: The provisions of this Ordinance shall not apply to any application for a
modification of an existing, established (built) use on a parcel of property, which use is not
nonconforming pursuant to the parcel's applicable Industrial zoning classification.
Furthermore, any person or entity who or which has obtained all requisite Development
Orders and is thereby entitled to seek and obtain a building permit shall be excepted from
the operation of this temporary and limited moratorium. Additionally, this moratorium shall
also not apply to the processing or consideration of any complete application for a
Development Order which was received by Dania Beach as of the date of the First Public
Hearing of Ordinance No. 09-98.
4 ORDINANCE NO. 2000-016
SECTION 5: The City hereby renews and again announces its intent to enact
comprehensive land use and zoning amendments pertaining to the affected area's
industrial properties and the City staff and consultants are hereby directed to continue to
analyze and recommend appropriate measures pertaining to the City's industrial properties
as soon as possible.
SECTION 6: Should any section, paragraph, sentence, clause, phrase or other part
of this Ordinance be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this Ordinance as a whole or any portion or part
thereof, other than the part so declared to be invalid.
SECTION 7: This Ordinance shall be in force and take effect immediately upon its
final passage and adoption.
PASSED and ADOPTED on First Reading on the 11`h day of APRIL, 2000.
PASSED and ADOPTED on Second and Final reading on the 251h day of APRIL, 2000.
C.K. MCELY
MAYOR - C MMISSIONER
® ATTEST: ROLL CALL:
- MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL CHAPMAN COMMISSIONER CALI -YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FO AND CORRECTNESS:
BY: �
T OM J. A SBRO
CITY ATTORNEY
5 ORDINANCE NO. 2000-016
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
MORATORIUM ORDINANCE
® The City of Dania Beach proposes to adopt and discuss an ordinance which will impose a temporary
limited extension of a moratorium on accepting and processing certain applications for zoning
development orders for all properties lying west of 1-95 in areas zoned industrial. Public hearings will
be held on the proposed moratorium as follows:
Dania Beach City Commission on Tuesday, April 25, 2000, on or after 7:30 p.m.
The title of the proposed ordinance reads as follows:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY
MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING
DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA
BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE
"INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO CERTAIN
HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING
UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL
USES AS MORE PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS;
PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR.
CITY CT DyN I A BEACH 1-95
FLCRIDA
1 r 4l
Moratorium area is designated
r_ by Crosshatch marking
T
Copies of the proposed ordinance are available for viewing and purchase in the Growth Management Department, 10(
West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday, (954) 924
3645. Interested parties may appear at the public hearing and be heard with respect to the proposed ordinance.
Any person who decides to appeal any decision made by the Planning and Zoning Board and City Commission with regan
to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may nee(
to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which th(
appeal is to be based.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of thes(
proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beact
FL 33004, (954) 924-3630, at least 72 hours prior to meeting.
Growth Management Department
Publish: Monday, April 17, 2000
ARTICLE 27. INDUSTRIAL-RESEARCH-OFFICE-MARINE ("IROM") DISTRICT
27.10. Purpose.
The Industrial-Research-Office-Marine ("IROM") District is designed intended to
accommodate marine, uses industFies Whirh wheR permitter) may take place Outside of
a building, as well as and office, light industrial, and research uses which are conducted
within completely enclosed buildings and which have limited impact outside of the
building.
Some marine uses are permitted to be located outside of a building,
subject to require prier approval as-a certain conditions and special exception approval
as regulated by Section 10.12 of the Zoning Code and the applicable provisions of this
article.
This district is also designed intended to permit limited commercial uses, subject to the
provisions of the City of Dania Beach Future Land Use Element and Broward County
Land Use Plan, as either a permitted use or a special exception use subject to Section
10.12 of the Zoning Code and the applicable provisions of this article.
(Ord. No. 12-98, § 1, 8-25-98)
27.20. 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:
(a) Research uses, +nslud+ng product development and testing, engineering
development, and marketing development, within a completely enclosed building,
provided the applicant provides documentation that said use shall not cause or
result in dissemination of dust, smoke, corrosion, noxious fumes, odor, noise,
vibration, harsh glare or visual hazard to vehicular and or air traffic beyond the
building within which the use is conducted and provided that such uses shall not
pose a risk to persons by reason of fire, explosion, radiation, discharge of waste
materials or other environmental hazards.
(b) Light industrial uses, which mean and include light manufacturing, fabrication,
processing, assembly, and testing of products, within a completely enclosed
building, provided the applicant provides documentation that said use shall not
cause or result in dissemination of dust, smoke, corrosion, noxious fumes, odor,
noise, vibration, harsh glare or visual hazard to vehicular or air traffic beyond the
building within which the use is conducted and provided that such uses do not
pose a risk to persons by reason of fire, explosion, radiation, discharge of waste
materials or other environmental hazards.
(c) Data processing and computer centers, including service and maintenance of
electronic data processing equipment.
IROM DRAFT ORDINANCE 041920.doc
(d) Office uses.
(e) Retail uses within an office building, assessery not to exceed twenty (20) percent
of the floor area of the office and4ndustr building.
(f) Marine-related retail use, within a completely enclosed building, as an accessory
use to an established marina or marina complex.
(g) Marine-related retail use within a completely enclosed building as a principal use
providing the combined land area for said uses does not exceed twenty (20)
percent of the industrial land in a flexibility zone on the Broward County Land
Use Plan Map, or, providing said marine-related retail use has an underlying
Future Land Use Plan Map designation of"Commercial".
(h) Combined office and warehouse facilities, providing that the office portion of the
building(s) is no less than 10% of the total floor area of the building(s), and
providing further that the architectural treatment of the building(s) resembles that
of an office building, particularly those portions of the building(s) facing public
rig hts-of-way.
(i) City of Dania Beach governmental, administrative, community, service or
maintenance facilities
,
• parks,reGreatienal,PGliGe fire sa^ ces. Provided however, penal,
correctional, detention, and re-entry facilities shall be expressly prohibited.
(j) DOGks and dGGking ef beats and foF loading and unload Sales, leasing,
service, display, storage, repair, assembly, and building f manufacturing of
boats not over one hU Rdred tWeRty two hundred (200) feet in length, as
well-as including the sale, leasing, service, display storage, repair and building
manufacturing of marine parts and accessories. All uses shall be conducted
within a completely enclosed building. Boat manufacturing and painting
operations shall be located at least 500 feet from any residentially zoned
property.
(k) Docks and docking of boats not over two hundred (200) feet in length, including
the operation of charter boats, but specifically excluding and prohibiting the
operation of gaming vessels.
(1) Assembly halls, exhibition halls, convention and conference centers.
(m) Graduate or post graduate educational facilities.
(n) Medical and dental laboratories.
• (o) Document preparation and processing service (including publishing and printing).
2
IROM DRAFT ORDINANCE 041920.doc
(p) The following commercial uses, provided the combined land area for these uses
does not exceed twenty (20) percent of the industrial land in a flexibility zone on
the Broward County Future Land Use Plan Map, or providing said commercial
uses have an underlying Broward County Future Land Use Plan Map designation
of "Commercial":
1. Hotels and motels containing one hundred (100) or more rooms subject to
the following:
a. Guest room access shall be via interior corridors.
b. Individual wall or window mounted air conditioners (if used) shall
not project beyond any exterior wall of the building.
2. Restaurants (excluding drive-in, carry-out, and fast food restaurants) and
lounge facilities.
3. Pharmacy or drug store.
(Ord. No. 12-98, § 1, 8-25-98)
27.30. Prohibited uses.
Any use not specifically listed as a permitted use or a special exception use in the ROM
Zoning District is prohibited. The permitted enumerated uses in section 27.20 above
shall not be construed to include any of the following prohibited uses, which are
indicated for emphasis and clarification:
(a) Bulk sales, storage or display of lumber, building materials, aid or building
supplies.
(b) Sales leasing, rental service, display, storage, parking, or repair of any of the
following: automobile, aircraft, truck, trailer, bus, motorcycle, tractor, beat,
recreational vehicle, construction equipment a-Rd or mobile home solve leasi^ry,
and r air '++sac o++tnmnhilo rental I n
T�^c-rrtai��vc�l��—d-Er + �e�a-r-iv--re•pu-n--crv�.�. c!r-rtdi, rea�{�,
cstora e�aot norl�inn repair faGilitio�
+ �`�urmrrg+ +
(c) Service stations.
(d) Drive-in, carry-out, and fast food restaurants.
(e) Churches, synagogues, and other houses of worship.
(f) Foundry.
(g) Drop forging.
0
IROM DRAFT ORDINANCE 041920.doc
. (h) Stamping, dyeing, shearing, or punching of metal exceeding one-eighth-inch in
thickness.
(i) Manufacture of powder blends, potting compounds, plastisol, water-based or
epoxy-based coatings, adhesives, sealants, and paints.
(j) Manufacture of varnish or paint.
(k) Oil compounding or barreling.
(1) Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products
derived from them. Manufacture of acids, carbon, disinfectants, poisons,
insecticides, and batteries.
(m) Use of automatic screw machines.
(n) Bulk millwork, lumber or planing mill.
(o) Die casting.
(p) Meat processing, slaughtering.
(q) Fish smoking, curing and canning.
® (r) Manufacturing or storage er both of explosives.
(s) Production, refining or bulk storage of gas, oil, or fuel.
(t) Solid waste transfer and disposal facilities.
(u) Penal, correctional, detention re-entry, or rehabilitation facilities involving adults,
adolescents, or children.
(v) Indoor or outdoor gun range
(w) Any outdoor storage of materials (raw or finished), supplies, machinery,
equipment, components or parts including outdoor storage of mechanical,
electrical, plumbing telecommunication, or construction materials, except as
specifically permitted and regulated by this article.
(x) Commercial or retail uses except as specifically permitted and regulated by this
article.
(y) Transitional, temporary, indigent or emergency housing.
• (z) Day labor employment service.
(Ord. No. 12-98, § 1, 8-25-98)
4
IROM DRAFT ORDINANCE 041920.doc
• 27.40. Special exception uses.
The following special exception uses may be permitted subject to special exception
approval by the Planning And Zoning Advisory Board and the City Commission as per
section 10.12 of the Zoning Code
(a) SpeGifin req iiremeRtS.-
1. VehiGU1ar traffiG generated by the proposed use will net have an adverse
effeot upon or be detFiirneRtalT? the urro indinn land uses or the Inral and
2. The propos �'�Q-use will not interfere with r—t"e orderly and annrnnri�fo
development of the area_
3. The proposed use asnot-In6c)rnpatlblo already
with alry a siding uses in the
with r Qi i caa
area.
the proposed use as are necessary to further the purposes of this article
(a) Uses.
• 1 TrUnh terminal and distribution renter
1. Electrical substations or related electrical facilities.
2. Water treatment facilities.
2 Thi?-fGllewing GOFnmeFGoalr uses that are determIned to he emnleyment
renter ices or nroyided the combined lend area for then uses does not
,e uses-, ,., r. ... . � . ..._ __..._...__ ._.._ _ � -__ ____ -
pTne. (20) nement of the industrial land in a flexibility Znne on the
e Hntels and motels of not less than one hi rndred (100) rooms
h Assembly halls and coon en+inon enrol ononforonoo noon ors_
G. Restaurant and lei inne facilities
v. � r-Ctrrcr-rvrn, ................,.
3. Entertainment use in conjunction with a restaurant.
4. Indoor or outdoor commercial recreation.
6. Gommi miratinn towers not to exoeed one hundred (100) feet in height
5
IROM DRAFT ORDINANCE 041920.doc
i
rye in the roar
and interior side YaFC[
h. Storage of beats may be PeFMitted OR a fFGRt yaFd if GGmplete4y
5. Shopping center containing at least 50,000 square feet of gross floor area
and allowing uses specifically identified as "permitted uses" in the C-2
Commercial District, providing the combined land area for shopping
centers and other commercial uses does not exceed twenty (20) percent
of the industrial land use in a flexibility zone on the Broward County Future
Land Use Plan Map, or the shopping center has an underlying Broward
County Future Land Use Plan Map designation of"Commercial":
6. The following activities when located in an interior side yard or rear yard of
a marina or marine-related business, provided such activities do not
directly abut residentially zoned property or public road rights-of-way:
a. Sales, leasing, service, display, storage, assembly, and repair
® (excluding painting and manufacturing) of boats not over two
hundred feet in length, including the sale, leasing, service, display,
storage and repair (excluding painting and manufacturing) of
marine parts and accessories.
b. Rental of personal watercraft.
C. Retail boat fuel sales clearly incidental and accessory to an
established marina.
d. Boat sanitary waste pump-out facilities clearly incidental and
accessory to a an established marina.
Provided however:
i. Boat assembly, repair, personal watercraft rental, retail boat
fuel sales, and boat sanitary pump-out facilities shall be
located at least 250 feet from any residentially zoned
property unless said distance separation is expressly and
specifically reduced by the City Commission as part of the
Special Exception review process.
6
IROM DRAFT ORDINANCE 041920.doc
® ii. The sales, leasing, display, or storage of fully-assembled
new boats (including boat trailers) may be permitted in a
front yard, street yard, or an exterior side yard if separated
from the adjacent roadways or right-of-way by landscaping
pursuant to the requirements of the Zoning Code and
Chapter 26 (Vegetation) of the City Code.
7. Indoor storage or warehouse facilities as a principal use.
8. Air conditioning, carpenter, cabinet, furniture, plumbing, electrical, glass,
or home improvement shop, conducted within a fully enclosed building
and not exceeding 10,000 square feet in gross floor area.
9. Stamping, dyeing, shearing, or punching of metal between one-eighth-inch
and one-quarter-inch in thickness within a fully enclosed building,
providing the applicant provides documentation from a professional
engineer that said use shall not cause or result in vibration, noise, dust,
smoke, corrosion, noxious fumes, or odor outside of the building within
which the use is conducted.
10. Motion picture production or recording studio.
(Ord. No. 12-98, § 1, 8-25-98)
27.50. Required conditions.
(a) Unless otherwise provided, all activities, including sale, display, preparation, and
storage, shall be conducted within a completely enclosed building.
(b) Loading and unloading areas shall be permitted in a rear yard or in interior side
yard(s). Loading areas may be permitted in a front yard, street yard, or exterior
side yard if the configuration of the parcel makes rear yard or interior side yard
loading impractical and said front, street, or exterior side yard loading
arrangement is expressly approved by the City Commission.
(c) Access to the loading/unloading areas shall be designed in such a manner as to
allow trucks to enter and leave the area without having to back from or onto a
public street.
(d) No use shall produce smoke, harsh glare, or visual hazards, nor shall any use
produce electronic interference with navigation signals or radio communication
between aircraft and the Fort Lauderdale-Hollywood International Airport.
IROM DRAFT ORDINANCE 041920.doc
(e) if appliGable, prior to site plan review by the planning and Zoning board and
Gity GeMFniSSqGR, the app1iGaRt shall provide written Federal Av atien
proposed ieRt plan, iRG1udiR9 but not lirnited to, height of buildir:igs
Prior to approval of any construction or building permits, applicant
shall provide documentation that the site plan has been approved by the Broward
County Aviation Department.
(f) All uses shall receive site plan review by the Planning and Zoning Advisory
Board and approval by the City Commission prior to issuance of a building
permit.
(Ord. No. 12-98, § 1, 8-25-98)
27.60. Area requirements.
(a) Height. No building or structure, or part thereof, shall exceed a height prescribed
by the Federal AviatiOR AdministratieR Broward County Aviation Department,
provided however, no building shall exceed sixty-two (62) feet or five (5) stories
in height. Permitted exceptions or variances to this subsection 27.60 must be
approved by a four-fifths (4/5) vote of the membership of the City Commission.
(b) Lot area. Each lot shall have an area of not less than +we (2) one 1 acre and a
width of not less than one hundred (100) feet.
(c) Percentage of lot coverage.
Pewieuss and impervious—land—area—rates- shall be -regulated—pursua .t—to
(d) Yards.
1 . The required yard abutting any street or public thoroughfare shall be a
minimum of fifty (50) feet. The first ten (10) adjacent to any street OF n,,hlir
thGFeughfare shall be landSGaped The perimeter landscape buffer shall be
provided as per Chapter 26 of the City Code (Vegetation) and shall not
contain parking.
2. The required yard abutting any residential district (or located across the
street from a residential district) shall be a minimum of seventy-five (75)
feet or one (1) times the building height, whichever is greater. The first ten
The
perimeter landscape buffer shall be provided as per Chapter 26 of the City
Code (Vegetation) and shall not contain parking.
8
IROM DRAFT ORDINANCE 041920.doc
3. The required interior side or rear yard, when not abutting a residential
district, or when separated by a waterway from a residential district, shall
be a minimum of twenty-five (25) feet or one-half (1/2) times the building
height, whichever is greater. The first five (5) feet adja `ent to anv Int !*Re
shall be landSGaped The perimeter landscape buffer shall be provided as
per Chapter 26 of the City Code (Vegetation) and shall not contain
parking.
4. Landscaping adjacent to any residential zoning district shall include, but
not be limited to, a minimum six (6) to eight (8) foot C.B.S. wall
constructed adjacent to the residential—property line pursuant to the
requirements of the Zoning Code and Chapter 26 of the City Code
(Vegetation) and shall not contain parking.
(Ord. No. 12-98, § 1, 8-25-98)
27.70. Approval of site development plan.
(a) No building or structure, or part thereof, shall be erected, or used, or land or
water used, nor shall any building permit be issued therefore, unless a site
development plan for such building, structure or use has been reviewed by the
planning and zoning board and approved by the city commission.
® (b) Any such building, structure or use shall be erected, installed and maintained in
full conformity with the provisions of the zoning ordinance and with a site
development plan reviewed by the planning and zoning board and approved by
the city commission.
(c) In reviewing and approving such site development plan, the planning and zoning
board and city commission shall consider the location, size, height, spacing,
appearance, character and utilization of any building, structure or use and their
appurtenances, access and circulation for vehicles and pedestrians, streets,
parking areas, yards, open spaces and relationship to adjacent property.
The planning and zoning board may recommend and the city commission may
attach to its approval of the site development plan any reasonable conditions as
are necessary to further the purpose of this article.
(d) A site development plan for the purposes of this section shall include, but not
necessarily be limited to, the following plans, designs, specifications and
information:
1. Preliminary paving, grading, and drainage plan site plan with grades or
contours.
2. Elevations, floor plans and uses of all buildings and structures.
9
IROM DRAFT ORDINANCE 041920.doc
• 3. Location and character of all facilities for waste disposal.
4. All curb cuts, driveways, parking areas and loading areas.
5. All walks, yards and open spaces.
6. Location, size, character, height and orientation of signs and lighting.
7. Location, height and general character of walls and fences.
8. Landscape plan.
(e) MedifiGation of Site Develepment Plan. Any GhaRge in buildings OF ,
be in aGGOrdaRGe with aR amended site development plan approved as per the-
Rts of this SeGtien.
(Ord. No. 12-98, § 1, 8-25-98)
10
IROM DRAFT ORDINANCE 041920.doc
UNWHOPRODUCTS
, INC.
2850 RAVENSWOOD ROAD,FORT LAUDERDALE,FLORIDA 33312-4994
IId II%V!E IL ED
P.O.BOX 8427 FORT LAUDERDALE,FLORIDA 33310-8427
1-800-323-2111 .954-584-2000•FAX:954-587-0109
April 24, 2000 www.uniweld.com
Mr. Laurence Leeds, AICP
Director, Growth Management Department
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, Florida 33304
Re: Uniweld Products Incorporated
2850 Ravenswood Road
Dear Larry:
Per my conversation with my staff, it is my understanding that the moratorium for any rezoning
in the Zoning Districts with the prefix designation of"M"will be lifted simultaneously with the
rezoning to the IROM Classification and that my property is mandated to be rezoned to IROM.
On November 17, 1999 my staff attended the hearing at the Adjustments Board meeting and was
told by Terry Vitre, Growth Management Director that the IG Classification was more suitable
due to our history and use of the property for heavy manufacturing.
Please find attached our application for rezoning and our reasons why Uniweld Products, Inc. is
unique and how Uniweld will suffer a hardship if the IROM zoning category is forced on our
property.
Uniweld Products started in 1949 at the same location it enjoys today. My wife, Marjorie Pearl
and I created the family business; we are still very active in running the business with our
children. We began with a 5,000 square foot building producing a few welding supplies with a
handful of employees. Over the past fifty (50) years, Uniweld has grown to a 120,000 square
foot facility with 300 employees making it one of the largest manufacturers in Dania Beach.
Uniweld employees 300 local residence who live and shop in the immediate area. The Uniweld
purchasing department utilizes over sixty(60) local suppliers in their manufacturing process.
Uniweld has over fifty (50) containers in shipping each year and receives raw materials from
throughout the United States. This unique business processes raw material into finish product.
Uniweld is a worldwide recognized trade name and is supplying welding supplies in eighty(80)
countries around the world.
The annual impact of Uniweld in Dania is positive for the residences, the economy an '% FIFTy yEgps
government.
Continued...
�4NUFACTURING EXCE�'��
Page 2
City of Dania Beach
The Uniweld operation has been active in excess of fifty(50) years and is a family operated
business in the same location. We are involved in many aspects of heavy manufacturing that are
not allowed under the ]ROM zoning even as an exception.
The following operations are prohibited uses under the proposed 2730.
1. Stamping, shearing, punching of metal exceeding one-eight inch in
Thickness.
2. Drop Forging
3. Automatic Screw Machines
4. Oil compounding or barreling
Under the proposed IROM zoning section 27.40 Uniweld would have to have an exception
approved by the planning and zoning board and the city commission to stay
Operational to keep the current facility in compliance with the proposed zoning classification.
Uniweld is unique. Uniweld is not rental warehouses or flex-space warehouses; we are not
renting out space. We operate in the buildings we designed and built for the purpose of heavy
manufacturing that is not allowed in the IROM zoning.
Uniweld is not a marina and we are not on the waterfront, we are not a trailer park or a car lot.
We are not multi-tenants; Uniweld is a heavy manufacture of welding supplies and accessories
per the catalog included in this package of information.
We respectfully request the zoning classification IG from M-2. There are too many operations
we must maintain at our location to continue to employ our 300+ employees. Many are
prohibited in the IROM classifications more would require exceptions controlled by appointed
and elected board that could change. We are in our third generation and we feel the proposed
"Vest Rights" document will not offer the protection for the business that was created. Uniweld
has made a significant investment over the last fifty(50) years; it would be a hardship for them
to move their operation due to this imposed zoning.
Please consider the documentation and exhibits attached in the rezoning of the property to IG at
this time.
Sincerely,
6414 Alfa
David S. Pearl, Sr.
President
• Cc: City of Dania Beach Commissioners
Planning & Zoning Board Members
Maggie Pearl, James E. Pearl, David S. Pearl II, Douglas B. Pearl
d r UNIffREPRODUCTS, INC.
t
2850 RAVENSWOOD ROAD,FORT LAUDERDALE,FLORIDA 33312-4994
�II�1�13.1�
® P.O.BOX 8427 FORT LAUDERDALE,FLORIDA 33310-8427
1-800-323-2111 •954-584-2000•FAX:954-587-0109
www.uniweld.com
May 3, 2000
Mr. Laurence Leeds, AICP
Director, Growth Management Department
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, Florida 33004
Re: Uniweld Products Incorporated
RE4's: 10220-02-0110, 10220-02-01300, 10220-02-01200, 10220-02-01500,
10220-02-01600, 10220-02-01700, 10220-02-00800, 10220-02-00900, 10220-06-00100,
10220-06-00200, 10220-06-00300, 10220-02-04700.
Dear Mr. Leeds,
Please find attached a check for$ 1,000 for"Cost Recovery" in the appeal of
® A.) We request to appeal the decision of the Growth Management Director to not
accept and process our request to rezone our property to IG.
B.) . I also am requesting my property to be removed from the Proposed IROM
Zoning moratorium area as adopted on May 12,1998 by Ordinance No. 09-98
and as extended to August 8,2000.
1 will appreciate a quick response to this request in order to appear in front of the
City Commissioners at the next available.
Sincerely,
004��iv � �,11
David S. Pearl Sr.
Cc: Michael Smith, City Manager
Thomas J. Ansbro, City Attorney 2
`E`r�gFATING FIFTY YEARS
UNIWELU
MAY — 4 2000
O MANUFACWRING ExCE``E�V4r
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