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HomeMy WebLinkAboutO-1999-013 r 7 -ti f- _c t � . - r, r 7 ORDINANCE NO. 13-99 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING SECTION 6.40 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED"SPECIAL EXCEPTION USES", OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, AND AMENDING SECTION 10.12, ENTITLED "SPECIAL EXCEPTIONS" OF CHAPTER 28 IN ORDER TO TRANSFER AND AMEND THE PROVISIONS CONTAINED IN EXISTING SECTION 6.40; FURTHER, PROVIDING FOR ADDITIONAL CRITERIA AND PROCEDURES RELATING TO REQUESTS FOR APPROVAL OF USES AS SPECIAL EXCEPTIONS AND REVISING SECTIONS 10.30 AND 10.32 TO BE CONSISTENT WITH THE NEW PROCESS; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 6.40 of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach, which Section is entitled "Special Exception Uses" is repealed in its entirety. All references to Section 6.40 of Chapter 28 shall be changed to Section 10.12 of Chapter 28. Section 2. That Section 10.12 of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach, which section is entitled "Special Exceptions", is amended to read as follows: 10.12 Special Exceptions. tefesf- the AtAREIRFEIR gl;—^r�lepj in 1 ORDINANCE NO. 13-99 t T`- -r 1 i this shapter Tq 1a) Application requirements An application for approval of a special exception shall be submitted to the Department on forms provided by the-Department. The following is a list of the minimum re uirements to be contained in an application for a special exception 1. Name address and telephone number of the applicant or authorized representative for the applicant 2. A statement of ownership of the subject property or proof of authorization to apply for a special exception from the legal propqrty owner of the parcel proposed for development 3. Survey of the subiect property, 4. Legal description of the subiect property. 5. A brief description of the development permit request 6. Existing use of the subiect property. 7. Proposed use of the subiect property, 8. Zoning of the subiect property, 9. Land use designation of the subiect property. 10. Zoning use and land use designation of lands within seven hundred (700) feet of the subiect property. 11. Site plan of proposed development showing all structures roadways Pathways parking areas utility and exterior lig hti M installations landscaping on the site, and all existing structures within one hundred (100) feet of the subiect Property, 2 ORDINANCE NO. 13.99 L 4 r Y I 7 u Fees and costs All applications for a special exception shall be accompanied by an application fee as established by the city commission as set forth in Section 8-3(h)b of the city's code In addition to the application fee any additional costs incurred by the city, including review by a consultant on behalf of the city or special advertising costs shall be paid by the applicant and any other city costs pursuant to Section 9.60 of Chapter 28. Any additional costs which are unknown at the time of application but are later incurred by the city in processing and review of the application shall be paid by the applicant prior to the final hearing upon the application for a special exception approval f� Determination of completeness 1. Within five (5) business days of submission of an application the Department should review all applications for a special exception to determine if the information provided is complete The Department shall notify the applicant of any deficiencies in the application 2. Upon submittal of additional information the Department will determine if the application is complete 3. If an applicant fails to provide additional information as requested by the Department within two (2) weeks of the request or respond to the Department with a time when the information will be submitted the application shall be deemed to be withdrawn by the applicant 4. At a minimum an application for a special exception approval must evidence compliance with the city's adopted Land Use Plan and the minimum standards of the zoning code M Burden of Proof. The applicant shall have the burden of showing that all standards requirements and criteria of the zoning code have been met. The applicant shall have the burden of going forward with evidence to show these elements and shall have the burden of persuasion on all questions of fact which are to be determined by the city commission Lej Notice procedures for public hearings. .Public notice required for special exception approvals shall be as follows 1. Mail notice. ji) Mail notice shall consist of mailing a notice of a public hearing to real property owners within three hundred (300) feet of the applicant's property at 3 ORDINANCE NO. 13-99 I s r -1 r least ten (10) days prior to the date set for the public hearings. ii Unless otherwise provided by law, mail notice may be provided by first class mail or other type of mail made available by the U.S. Postal Service as Iona as the mail is sent in a timely manner as required by this section. LiiD Mail notice shall be deemed given when a notice has been properly addressed stamped and deposited in a U.S. Postal Service depository. iv Failure to receive notice shall not be grounds to invalidate the hearing as this provision is directory and not mandatory. 2. Sign notice. 11 Sign notice shall be given by the applicant by posting a sign provided by the city stating the time, date and place of the public hearing on such matter on the property which is the subiect of an application for special exception use approval ii The sign shall be posted at least ten (10) days prior to the date of the public hearing. L[iij The sign shall be located so that it is visible from adiacent streets. iv If the subiect property is located on more than one (1) street a sign shall be posted facing each street front. fv If the applicant is not the owner of the property which is the subject of the application, the applicant shall post the sign on or as near to the subiect Property as possible subject to the permission of the owner of the property where the sign is located or in a location in the right-of-way if approved by city vi If the sign is destroyed or removed from the property, the applicant is responsible for obtaining 4 ORDINANCE NO. 13-99 f ' r 7 another sign from the city and posting the sign on the property. vii The sign shall remain on the property until _final disposition of the application This shall include any deferral, rehearing appeals request for review or hearings by another body. The sign information shall be changed as needed to reflect the information to be provided as specified in subsection (i) viii The applicant shall ten (10) days prior to the public hearing execute and submit to the Department an affidavit of proof of the posting of the public notice sign in accordance with this section If the applicant fails to submit the affidavit the public hearing will be postponed until the next public hearing after the affidavit has been supplied ix All signs shall be removed by the applicant within five (5) days after final disposition of the application If the applicant fails to remove the sign the city shall have the right to remove same f�f Criteria. Special exception uses and their related accessory uses or any expansion, enlargement or modification of an existing special exception use shall be permitted only upon authorization by the city commission (after review on an advisory basis by the Planning and Zoning Board provided that such uses shall be found by the city commission to comply with the following requirements and other applicable requirements as set forth in this chapter. (For additional standards applicable to a planned unit development, see Article 7 of this chapter.) (a)1. That the use is a permitted as a special exception use as set forth in the Schedule of Use Regulations, City of Dania Beach, in Article 4 hereof. l (s)2. That the use will not cause sabsta#ial-� a detrimental impact to the value of it is to be located. existing contiguous uses to uses in the general area and to the zoning district where 5 ORDINANCE NO. 13-99 L .t f I r 7 (d)3. That the use will be compatible with adj� legated the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area considering Population dens design, scale and orientation of structures to the area property values and existing similar uses or zoning; (e)4. That adequate landscaping and screening is are provided as required 4efe4n in the Chapter. (#)5. That adequate g#street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. 49l � eRs�e+FeFaiag a44eve4M49f . 6. That the use will be consistent with the existing Comprehensive Plan 7. That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental im act inconsistent with the health safe ty and welfare of the community. 8. That the use will not have a detrimental effect on vehicular or Pedestrian traffic or parking conditions and will not result in the generation or creation of traffic inconsistent with the health safety and welfare of the community. 9. That the use will not utilize turning movements in relation to its access to Public roads or intersections or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. 10. That the use will not have a detrimental effect on the future development of contiguous Properties or the general area according to the Comprehensive Plan 11. That the use will not result in the creation of incompatible noise lights vibrations fumes odors dust or physical activities taking into account existing uses uses located on contiguous 6 ORDINANCE NO. 13-99 L t R n r Properties, uses in the general area and the zoning in the vicinity due to its nature, duration location and character. 12. That the use will not overburden existing public services and facilities. 13. That the use will be sufficiently accessible to permit entry onto the property by fire police rescue and other essential public services. 14. That the use will be consistent with the definition of a special exception and will meet the standards and criteria of the zonin classification in which such use is proposed to be located and all other requirements for such particular use set forth elsewhere in the zoning code or otherwise adopted by the city commission (g) In issuing its decision to grant a special exception the city commission may place more restrictive requirements and conditions on applicants than are provided in the zoning code when the conditions are based on site considerations and its use and the potentially resulting Impacts upon the surrounding area or zoning district where the subject property Is located. A condition may not be based upon reasons other than those pertaining to land use principles A decision to grant a special exception shall not be made unless and until the procedures in this chapter have been complied with jW The use for which a special exception has been granted by the city commission shall not be commenced by the owner, his or her agent or lessee until such time as the decision is deemed to be final (i.e., all appeal times have expired) and all of the improvements stipulated in the grant of special exception necessary for the orderly use of the property have been accomplished L� Expiration of special exception use approvals All special exception approvals shall expire eighteen (18) months following the date of City Commission approval unless any building permit pursuant to the South Florida Building Code has been issued to the applicant for any part of a development approved as a special exception use and work under the building permit has commenced If a building permit has been obtained vet no work has commenced then the approval shall expire unless an extension of time has been obtained An extension of time shall be granted by the citv commission when all applicable building zoning and engineering regulations remain the same and good cause for the delay has been shown by the applicant. Good cause may include but shall not be limited to delay caused 7 ORDINANCE N0. 13-99 l f R a. ' T by governmental action or inaction or other factors totally beyond the control of the applicant An extension shall only be granted where an applicant has requested an extension during the effective period of the special exception approval If any applicable building zoning or engineering regulations have been changed during the eighteen (18) month period then the proposed development shall be reviewed only to the extent that the changes affect the proposed development After the eighteen (18) month period has expired and the building permit is revoked for any reason or the work fails to progress for a period six (6) months then the approval shall expire and in order to proceed further, an extension of time shall be obtained by the owner, his or her agent or lessee W Successive applications Upon denial of an application for special exception there shall be a two (2) year waiting period before any applicant maV submit an application for the same or substantially similar application and for the same property as that which was initially denied Lk) Amendment. 1. If the applicant wishes to amend a special exception application the proposed amendment will be required to be reviewed and approved by the Planning and Zoning Board and the city commission as a new application for special exception in accordance with the procedures in this section. 2. If the applicant wishes to amend or modify a condition to a special exception use approval for good cause shown the Board ma recommend and the city commission may grant such relief, provided that the special exception with the amended or modified condition still meets the criteria necessary for the initial granting of the special exception Section 3. That Section 10.30 of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach, which section is entitled "Appeals", is amended to read as follows: 10.30 Appeals. Appeals to the city commission may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under any provision of this chapter, or by any person requesting a variance or special exception to the provisions of any provision of this chapter. No person may request a change in zoning, or a variance, eF a spesial ex6eptien if a substantially equivalent request has been denied within the prior period of twelve (12) months, unless this 8 ORDINANCE NO. 13-99 t- I i. r 7 restriction is waived by the unanimous vote of the members of the city commission present at the time of the vote. Section 4. That Section 10,32 of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach, which section is entitled "Hearing Procedure", is amended to read as follows: 10.32 Hearing Procedure. Any person appealing any decision of an administrative official shall make such appeal in writing to the City Commission within thirty (30) days after rendition of the order, requirement, decision or determination appealed and file thereof, with supporting facts and data withhtheame, and ten ia4 copies Growth Mana ement Director. This does not, however, restrict the eq est for a spe��� variance b an person provided for elsewhere in this chapter. Upon receipt noft he appeal ors request, the following procedures shall be undertaken: (a) The bj4ild;p9 affiGia} Growth Managemen, t Director shall forthwith examine such appeal or request application and endorse his a recommendation thereon together with all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken, or in the case of a request for a spesia report setting forth his or her recommendations affecting the 6Pes4l-�-eF variance requested. Section 5. That Section 2.10, entitled "Definitions", Article 2, entitled "Definitions", is hereby amended to read as follows: 2.10 Definitions. (51) Special exception. A use which may be allowed within a zoning district subject to the provisions efs�gp accordance with the procedures as set forth in Article 10 of thispte. in Section 6. That except as amended, 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, and any inconsistent provisions of Chapter 28, the entire Code of the City or City resolutions are repealed to the extent of any conflict with this ordinance. g ORDINANCE NO. 13-99 r ■ 7 i Section 7. If any clause, section or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 8. That this Ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on May 11, 1999. PASSED and ADOPTED on Second and Final Reading on May 25, 1999. ,,10HN BERTINO MAYOR-COMMISSIONER ATTEST: SHERYLCHAPMAN ACTING CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J ANSBRO— CITY ATTORNEY G:IWPFILESICLIENTSIDANIAISPECIAL EXCEPTIONS\SPECIAL EXCEPTIONS.ORD 06/00/99 - 16 10 ORDINANCE NO. 13-99 f C r 7 'I CITY OF DANIA BEACH I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS COPIES: MICHAEL W. SMITH, City Manager TERRY L. VIRTA, AICP, Growth Management Director MEMBERS OF THE PLANNING AND ZONING BOARD FROM: THOMAS J. ANSBRO, City Attorney DATE: MAY 6, 1999 RE: SPECIAL EXCEPTIONS; BURDEN OF PROOF AND RELEVANT CASE LAW INTRODUCTION The following is an outline of relevant legal standards and issues that relate to special exceptions, which can be used in conjunction with your review of the revised "special exceptions"ordinance which has been agendaed for adoption (first reading at the May 11, 1999 City Commission meeting). Simply stated, once a particular use of property is specified as permitted in the City zoning code, but only as an "exception" if and when certain criteria are met, then it is to be treated as a use specially authorized by the particular local government (as distinguished from a zoning "variance", which gives relief from the zoning code, and is granted if a unique "hardship"applicable to the land at issue is demonstrated, subject to a number of other legal tests and rules). STANDARD f T Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 2 Florida legal decisions follow the general zoning rule of law, which provides that once a party seeking a special exception meets the initial burden of showing compliance with the criteria specified in the particular zoning code for granting an exception from the zoning code's requirements, the burden shifts to the government (here, for purposes of this memorandum, the City) to demonstrate by "competent substantial evidence" that the Special exception does not comply with the criteria in the zoning ordinance and is, in fact, "adverse to the public i—nterest".1 In reviewing decisions made by local governments in special exceptions cases, the courts conduct an analysis to determine whether the decision of the local government is supported by such evidence. "Competent substantial evidence" has been defined as evidence which will establish a substantial basis of fact, from which the fact at issue can be reasonably inferred, such that a reasonable mind would accept it as adequate to support a conclusion.2 EVIDENCE Citizen�ents. 21 Irvine v. Duval County Planning Comm'n, 495 So. 2d 167(Fla. 1986). Pollard v. Palm Beach County, 560 So.2d 1358, 1359(Fla. 41^DCA 199o). f C 7 Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 3 A number of court decisions have reviewed the issue of whether the government had been provided with competent substantial evidence to support its decision (usually arising in cases of denial). An important issue for local governments has been the question of where citizen input"fits"within the legal process of reviewing special exceptions, as well as other zoning and land use decisions. The typical situation, which has caused problems for a number of cities, is one in which a citizen or group of citizens complain, directly resulting in the denial of the special exception. In City of Apopka v. Orange County', an application for a special exception involving airport construction was denied after a number of neighbors objected and a petition from the community was circulated in opposition to the special exception, because of a fear that the use would create intolerable noise. The court held that laymen's opinions, when unsubstantiated by any competent facts, are not adequate in and of themselves to constitute competent substantial evidence. In Flowers Baking Co. v. City of Melbourne', a Florida court similarly held that objections of local residents based on fears of increased traffic do not constitute competent substantial evidence. Objections by citizens must be based upon fact, not speculation, and must bear upon one or more of the relevant criteria set forth in the particular zoning code governing special exceptions. As one court described it, the decision of the governing body cannot be based upon a "popularity poll" of the affected neighborhood.' Some citizen comments which the Florida courts have decided do not constitute substantial evidence are the following: 1. Fears regarding increased traffic, without evidence to support the fears.' 2. Comments which do not "fit" into one or more of the criteria laid out in the particular special exception ordinance.' 299 So. 2d 657, 658(Fla. 4"DCA 1974). 4 537 So.2d 1040, 1041 (Fla. 5th DCA 1989). 5 See, Conetta v. City of Sarasota,400 So. 2d 1051, 1052 (Fla. 2d DCA 1981). `' Flowers Baking Co., 537 So. 2d at 1041. 7 Conetta,400 So. 2d at 1052. 4- t F, r 7 Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 4 3. Testimony by a lay witness that a "zoning trend" has been established.e 4. Opinions, without factual support, that the proposed use in question would cause traffic problems, both light and noise pollution and generally would impact unfavorably on the area.' 5. Petitions signed by citizens.10 6. Lay witness testimony regarding an increase in construction costs in the area, effects on the zoning and damage to the Florida aquifer." 7. Conjecture by area residents that the owner of the property will not comply with City ordinances.72 8 Metropolitan Dade County v. Blumenthal, 675 So.2d 598, 601 (Fla. 3d DCA 1993). " Pollard v. Palm Beach County, 560 So.2d 1358, 1359 (Fla.4th DCA 1990). 10 City of Apopka, 299 So.2d at 659. 11 Id. 12 BML Invesimenis v. City ofCasselhernt 476 So.2d 713,715(Fla.S"DCA 1985). f r, ' r 7 Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 5 However,just because a person is a layman does not mean that he or she cannot provide competent evidence. In Metropolitan Dade County v. BlumenthaP3, "citizen testimony in a zoning matter is perfectly permissible and constitutes competent substantial evidence, so long as it is fact-based" (emphasis added). Therefore, mere "generalized statements" of opposition are not helpful, but fact-based testimony does carry weight with it.14 The following are some examples of citizen comments which were found to constitute competent substantial evidence: 1. Comments from a veterinarian, with some degree of knowledge about the particular issue, regarding the dangers of transporting and incinerating infectious medical waste.75 2. A letter from a professor, with experience and knowledge regarding air pollution, maintaining an opinion that certain permits which had been 13 675 So.?d 598,607(Fla.3d DCA 1995)(dissent adopted as the opinion of the court on rehearing en banc). 14 Id. is Multidyne, 567 So.2d at 957. 4- f t-- e� r y Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 6 approved did not provide adequate protection from pollution and other emissions.16 3. Lay person's opinion regarding "natural beauty' or "aesthetic incompatibility"." 4. Factual comments from neighboring property owners that zoning applicants intended to use strictly residential property for commercial use (confirmed by property owner's own testimony).78 In order to determine whether a citizen's testimony may be given greater weight because of certain experience, educational or professional qualifications, questions to that effect can be asked of the witnesses by members of the local governing body, if they are not volunteered when the person addresses the governing body. CONFLICTING EVIDENCE ie Id. " Blumenthal, 675 So.2d at 601 and Metro-Dade Cty. v. Sec. 11 Property Corp., 719 So.2d 1204(Fla. 3d DCA 1998). 1" Gretkowicz v. Metropolitan Dade County, 389 So.2d 1041, 1042(Fla. 3d DCA 1980). 4- ... f ' r 7 Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 7 Conflicting evidence does not lead to the conclusion that a special exception must be granted. "Where the evidence is conflicting, the courts should not interfere with an administrative decision to deny a special exception."19 Several cases discuss the situation where conflicting evidence is presented to a municipal governing body. In Multidyne v. City of Ft. Lauderdale20, as indicated above, the Commission heard from a veterinarian who had some degree of knowledge about medical waste, and a professor knowledgeable about environmental matters argued that the incinerator would be dangerous since it did not have adequate protection from pollutants. This evidence conflicted with that of the applicant's engineers, who claimed the incinerator was adequate and should be permitted. In deciding not to overturn the City Commission's denial of the application, the Court noted that [I]n all candor, if we were to weigh the professional expertise of one side against the other, Multidyne might well come out on top. However, the test is not whether one side produced more experts than the other, but rather whether there was any substantial competent evidence upon which to base the Commission's conclusion... To be competent the evidence relied on to sustain the ultimate finding should be sufficiently relevant and material so that a reasonable mind would accept it as adequate to support the conclusion reached. In another case, the Court stated "when the facts are such as to give the County Commission a choice between alternatives, it is up to the County Commission to make that choice— not the circuit court."21 19 City ofDania v. Florida Powerand Light, 1998 WL 17935(Fla. 4th DCA 1998), presently pending before the Florida Supreme Court. 20 567 So.2d 955(Fla.4"DCA 1990). 21 Blumenthal, 675 So.2d at 605(Fla. 3d DCA 1995). r 7 Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 8 OTHER EVIDENCE Argument of attorneys is not considered evidence, although a factual evidentiary "proffer" (a summary by an attorney of another person's expected testimony, such as the conclusions reached by a civil engineer or traffic safety expert) may be deemed evidence.22 The opinions of planning boards can be considered competent substantial evidence if supported by legitimate reasonable positions.21 Staff recommendations and reports can also constitute competent substantial evidence.21 FINDINGS OF FACT Currently, Florida courts do not require local governing bodies to make"findings"to support their decisions in cases of special exceptions.21 In a recent case, the court stated "[w]hile 22 Nat. Adv. Co. v. Broward Cty.,491 So.2d 1262,1263 (Fla. 41"DCA 1986). 1987). "' Hillsborough Cty. So. of Cty. Comm'nrs. v. Longo, 505 So.2d 470,471 (Fla. 2d DCA '"a Alachua Cty. v. Cagle's Nest Farms, Inc., 473 So.2d 257,258(Fla. 1"DCA 1985). 1993). zs Board of County Commissioners of Brevard County, v. Snyder, 627 So.2d 469, 476(Fla. 1- 1 f r 7 Memorandum to City Commission Re: Special Exceptions May 6, 1999 Page 9 they may be useful, the board will not be required to make findings of fact. However, in order to sustain the board's action upon review, . . . it must be shown that there was competent substantial evidence presented to the board to support its ruling."26 This may be accomplished by having a record of the meeting, such as a transcript or a tape recording of the minutes which can then be transcribed. Also, it is advisable to obtain expert reports, evaluations and any other exhibits or documents which will tend to support the local government's decision and to ensure that they are admitted into "the record". CONCLUSION The referenced ordinance is designed to reflect the foregoing state of the law. There may be further developments in this area of the law, depending upon the action of the Florida Supreme Court in the pending Dania v. FP L case. Commission adoption of the revised ordinance is recommended at this time. TJA/nd GSWPFILES'CLIENTSIDANIAISPECIAL EXCEPTIONS%Special Exceptions Ord.M02 05/06/99—11 ?L t— f F, i r 7 CITY OF DANIA BEACH MEMORANDUM Via E-Mail and Regular Mail TO: LOU ANN CUNNINGHAM, Administrative Aide COPIES: MICHAEL W. SMITH, City Manager TERRY L. VIRTA, AICP, Growth Management Director SHERYL CHAPMAN, Acting City Clerk FROM: THOMAS J. ANSBRO, City Attorney DATE: MAY 6, 1999 RE: REVISED SPECIAL EXCEPTIONS ORDINANCE I revised the referenced ordinance pursuant to the review and discussion of same at the April 21, 1999 meeting of the Planning and Zoning Board. A copy of the "marked-up" version is also attached for your reference. Please call me if you have any questions or comments. TJA/nd Att. G:IWPFILESICLIENTStDANIAISPECIAL EXCEPTIONSlSpecial Exceptions Ord.M05 f lt- ■ r -r THE MIAMI HERALD A Knight Ridder Newspaper Published Dailv 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: Broward Local.News, May 17, 1999 on pg 5B Affiant further says that the said Miami Herald is a newspaper published at Miami, In the said Dade Cou Florida, and that the said newspaper has heretofore been continuously publish in said Dade County, Florida, each day and has been enter as second (ass mail matter at the post office in Miami, in said Dade Co n y, Florida, fr a period of one year next preceding the first publication of the *Mahew opy of,adVertisement. ne ` Sworn to and subscribed before me 1p7 �F9p� AR). AfOi -A,(, 8th da o June, 1999 a�b tfiA r✓c c�fkF yF�l omca of ,V Af:o O, 'ND11XYc M�DA1ArD��0 11 eC*PLDRlDB �"4 rR. f L h r Y r 7 CITY OF DANIA BEACH ZONING TEXT AMENDMENT The City of Dania Beach proposes to adopt or discuss an ordinance amending the zoning code by revising the procedures by which special exception uses are approved. Two public hearings will be held on the proposed change: Tuesday, May 11, 1999,on or after 7:30 p.m. for the first reading and Tuesday, May 25, 1999,on or after 7:30 p.m. for the second reading in the City Commission Chambers, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, 33004.The title of the proposad zoning text amendment reads as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING SECTION 6.40 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED"SPECIAL EXCEPTION USES", OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, AND AMENDING SECTION 10.12, ENTITLED "SPECIAL EXCEPTIONS" OF CHAPTER 28 IN ORDER TO TRANSFER AND AMEND THE PROVISIONS CONTAINED IN EXISTING SECTION 6.40; FURTHER, TO PROVIDE FOR ADDITIONAL CRITERIA AND PROCEDURES RELATING TO REQUESTS FOR APPROVAL OF USES AS SPECIAL EXCEPTIONS AND TO MAKE SECTIONS 10.30 AND 10.32 CONSISTENT WITH THE NEW PROCESS; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Information on the proposed amendment may be obtained from the Growth Management Department, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, weekdays, between the hours of 8:00 a.m.and 4:00 p.m. CRY OF OMIA BEACH ' �— FLORIDA 1 r_J1 / Terry Virta,AICP Growth Management Director CITY OF DANIA BEACH, FLORIDA NU IT: If any person decides to appeal any decision made with respect to any matter considered at this public meeting or hearing, he/she will need a record of the proceedings and for such purpose he/she 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 be based. Any one needing auxiliary services to assist in participation at the meeting should contact the Administrative Services Director, Sheryl Chapman, at (954) 921-8700 ext. 203, at least 72 hours prior to meeting. t r ' T 7 ry I THE MIAMI HERALD A Knight Ridder Newspaper Published Daily 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, Broward Edition on Monday, May 3rd, 1999 on pg 6B Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade Counti,, Florida, and that the said newspaper has heretofore been continuously publis eb 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,, a period of one year next preceding the first publication of the Ott Xhew py.af d4ertisement. �e �/ \ FF1gAL NOTgRYS Sworn to and subscribed before me NOTgRy pg Ntcq j](RLLy� COGIMLSS70 FATE OF FLOg10q AfYCOArM(.SSfON NO.CC${ this 15th day of May, 1999 A D. NEXF.qpR 291L+p�p G 6 Monica Kelly t T— r, r 7 CITY OF DANIA BEACH ZONING TEXT AMENDMENT The City of Dania Beach proposes to adapt or discuss an ordinance amending the zoning code by revising the procedures by which special exception uses are approved.Two public hearings will be held on the proposed change: Tuesday, May 11, 1999,on or after 7:30 p.m. for the first reading and Tuesday, May 25, 1999, on or after 7:30 p.m.for the second reading in the City Commission Chambers, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, 33004.The title of the proposed zoning text amendment reads as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING SECTION 6.40 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "SPECIAL EXCEPTION USES", OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, AND AMENDING SECTION 10.12, ENTITLED "SPECIAL EXCEPTIONS" OF CHAPTER 28 IN ORDER TO TRANSFER AND AMEND THE PROVISIONS CONTAINED IN EXISTING SECTION 6.40; FURTHER, TO PROVIDE FOR ADDITIONAL CRITERIA AND PROCEDURES RELATING TO REQUESTS FOR APPROVAL OF USES AS SPECIAL EXCEPTIONS AND TO MAKE SECTIONS 10.30 AND 10.32 CONSISTENT WITH THE NEW PROCESS; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Information on the proposed amendment may be obtained from the Growth Management Department, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, weekdays, between the hours of 8:00 a.m.and 4:00 p.m, r,L CRY OF OMIA BEACH ` '— FLORIDA I I I -711, _ r _ , l 1 Terry Virta,AICP Growth Management Director CITY OF DANIA BEACH, FLORIDA I E: If any person decides to appeal any decision made with respect to any matter considered at this public meeting or hearing, he/she will need a record of the proceedings and for such purpose he/she 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 be based. Any one needing auxiliary services to assist in participation at the meeting should contact the Administrative Services Director, Sheryl Chapman, at (954) 921-8700 ext. 203, at least 72 hours s prior to meeting. t- .. t V '