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ORDINANCE NO. 04-99
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 ONLY APPLY TO HEAVY INDUSTRIAL
USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF
LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH
AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING
FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN
EFFECTIVE DATE THEREFOR.
WHEREAS, the City of Dania Beach, pursuant to Ordinance No. 20-98, adopted on
November 10, 1998 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
the area affected by the temporary and limited moratorium met the to-be-defined Goals,
Objectives and Policies of Dania Beach; and,
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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.
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
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a Comprehensive Plan Future Land Use Designation of Industrial. These properties are
referred to as the "affected area".
SECTION 3: That Ordinance No. 20-98, adopted November 10, 1998, which
extended the temporary and limited moratorium through January 26, 1999, is, in practical
effect, extended and re-enacted as a new temporary ordinance, to extend the effective
moratorium date for an additional 6 month period of time through July 27, 1999. 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:
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i. artificial flowers, feathers, or plumes
ii. buttons or novelties
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.
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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 12" day of January, 1999
PASSED and ADOPTED on Second and Final reading on the 261" day of January
1999.
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MAYOR—COMMISSIONER
T: `, ROLL CALL:
MAYOR CALI -YES
CITY CLERK—AUDITOR COMMISSIONER BERTINO—YES
COMMISSIONER MIKES -YES
APPROVED AS TO FORM
AND CORRECTNESS:
By:_�—
THOMASJ. ANSBRO
CITY ATTORNEY
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`A Knighb i ar, �waP
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Published Daily^"cS3
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Matthew Fine
who on oath that he is
ADVERTISING SALES MANAGER
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida;
that the advertisement for City of Dania
was published in said newspaper in the issues of:
Flonday, January 18, 1999, Broward Local News, Pg 78
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade Count,, Florida, and that the said newspaper has heretofore been
continuously public in said Dade County, Florida, each day and has been
enter as second lass mail matter at the post office in Miami, in said Dade
Co n y, Florida, fcr a period of one year next preceding the first publication of the
at ned opy of/advertisement.
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Matthew Fine
FC1AL NOiAk1'SF�L
jBL1C AL KELLYL� ATE OFFLORfDA
Sworn to and subscribed before me 55 o No.CCst9
EXP_Ar�,zz
'lip
s llth day of Pebrua y A.D. 1999
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nic Kelly
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CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
DANIA BEACH CITY COMMISSION
MORATORIUM ORDINANCE
Public hearing on the following proposed ordinance will be held by the Dania Beach City Commission on Tuesday,
January 26, 1999, on or after 7:30 p.m. in the City Commission room of Dania Beach City Hall, 100 West Dania Beach
Blvd., Dania, FL. The title of the proposed ordinance is 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 ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE
UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN
SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING
DIRECTIONS;AND PROVIDING AN EFFECTIVE DATE THEREFOR.
That Ordinance No. 20-98, adopted November 10, 1998, which extended the temporary and limited moratorium through
January 26, 1999, is proposed to be extended and re-enacted as a new temporary ordinance, to extend the effective
moratorium date for an additional 6 month period of time through July 27, 1999.
INSERT MORATORIUM TY MAP HERE -------_-_--- C Dnwn
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Moratorium area
shaded/crosshatch
Copies of the proposed ordinance are available for viewing and purchase 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 ordinance.
Any person who decides to appeal any decision made by the Planning and Zoning Board and City Commission with regard
to any matter considered at this meeting or hearing will need a record of appeal is to be based. the proceedings, and for such purpose may need
to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
Proceedings should contact Marie Jabalee, City Clerk, 100 W. Dania each
202, at least 48 hours prior to meeting. Blvd, Dania, FL 33004, (954) 921.8700 ext.
Terry Virta, AICP
Growth Management Director
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THE MIAMI HERALD
A Knight Ridder Newspaper
Published
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Matthew Fine
who on oath that he is
ADVERTISING SALES MANAGER
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida;
that the advertisement for City of Dania
was published in said newspaper In the issues of:
The Herald, Froward Local News, January 2, 1999, on Pg. 7F
Afflant further says that the said Miami Herald Is a newspaper published at Miami,
In the said Dade Coun , Florida,and that the said newspaper has heretofore been
continuously public 0In said Dade County, Florida, each day and has been enter as seoon ss mail matter at the post office in Miami, in said Dade
Con , Florida, a period of one year next preceding the first publication of the
at ed opy of dyad,,. ment.
Ma hew Fine
OFI.7CIAL NOTARY SEAL
MONICA)KELLY
NOTARY PUBLIC STATE OF FLORII?,\
64
Sworn to and subscribed before me MY COMML55ION K0.CC PR,22,;
CO�h SIGN EY,P.APR'2,YM:>7
this 19 day of January
A.D. 1999
Monica Kelly
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BRo SATURDAY,JANUARY 2,1999,THE HERALD 7B
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
DANIA CITY COMMISSION
MORATORIUM ORDINANCE
A Public hearing on the following proposed ordinance will be held by the Dania Beach
city Commission on Tuesday,January 12, 1999, on or after 7:30 p.m. in the City
Commission room of Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach,
FL.The title of the proposed ordinance Is 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 ONLY APPLY TO
HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF
LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH AREAS AS PROVIDED
IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND
PROVIDING AN EFFECTIVE DATE THEREFOR.
That Ordinance No. 20.98,adopted November 10, 1998, which extended the temporary
and limited moratorium through January 26, 1999, is proposed to be extended and
reenacted a anew temporary ordinance,to extend the effective moratorium date for
an additional 6 month period of time through July 27,1999.
CITY OF DANIA BEACH,
FLORIDA
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Copies of the proposed ordinance are available for viewing and purchase 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 ordinance.
Any person who decides to appeal any decision made by the Planning and Zoning
Board and 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 Includes the
testimony and evidence upon which the appeal Is to be based.
In accordance with the Americans With Disabilities Act, persons needing assistance to
participate in any of these proceedings should contact Marie Jabalee, City Clerk, 100
W. Dania Beach Blvd, Dania Beach, FL. 33004, (954) 921.8700 ext. 202, at least 48 hours
prior to meeting.
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AGENDA REQUEST FORM
CITY OF DANIA
Date: 01/21/99 Agenda Item#: 3 e
Title:
EXTEND TEMPORARY MORATORIUM ORDINANCE
Requested Action:
2WAND FINAL READING OF ORDINANCE- PUBLIC HEARING
Summary Explanation&Background:
Extension of Industrial Moratorium until July 27, 1999 (6 Months)
Exhibits(List):
MEMORANDUM FROM TERRY L. VIRTA, AICP—GROWTH MANAGEMENT DIRECTOR
ORDINANCE
PUBLIC HEARING NOTICE
Purchasing Approval:
Prepared By:
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 12/16/98
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
City Manager City Clerk
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: Industrial Moratorium
Date: January 19, 1999
The City Attorney's Office has prepared an extension to the Industrial Moratorium
Ordinance. They feel that this extension is necessary to allow time for the proposed
comprehensive plan amendments to be reviewed by state and regional agencies and
then adopted by the City Commission. This is the Second Reading of the Ordinance
and the Planning and Zoning Board is recommending that it be approved.
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CITY OF DANIA
(954) 921-8700 X262
FAX SHEET
TO: Larry Cohen (985-4616)
FROM: Lou Ann Cunningham
Dania....
PHONE 921-8700 x262
FAX 922-2687
RE: Y4 Display ads in the Broward Section of the Miami Herald
Date: January 15, 1999
Larry, Please place the following 2 quarter page ads in Monday, January 18, 1999,
Broward section of the Herald. As always, I will need notarized confirmations of the
ads once they have run.
Thanks.
2 pages follow this cover
If any portion of this fax is not received please call
Lou Ann Cunningham at (954) 921 8700 x262
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