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HomeMy WebLinkAboutO-1999-018 I r 7 i .. � - �� ' r 7 ORDINANCE NO. 18-99 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. 04-99, adopted on January 26, 1999, 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, 1 ORDINANCE NO. 18-99 R r, 7 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 2 ORDINANCE NO. 18-99 r r -r a Comprehensive Plan Future Land Use Designation of Industrial. These properties are referred to as the "affected area". SECTION 3: That Ordinance No. 04-99, adopted January 26, 1999, which extended the temporary and limited moratorium through July 27, 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 January 25, 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 recreational 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: i. artificial flowers, feathers, or plumes 3 ORDINANCE NO. 18-99 f r ._ r P 7 I 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. 18-99 f i-� ' r 7 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 13" day of July, 1999. PASSED and ADOPTED on Second and F' e I g on the 27'"day o uly, 1999. COMMI ON ATTEST: ROLL CALL: MAYOR BERTINO - YES VICE-MAYOR MCELYEA- YES SHERYL HAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER MIKES- YES APPROVED AS VANS-BRO M AND CORRECTNESS: BY: THOMA . CITY ATTORNEY 5 ORDINANCE NO. 18-99 7 AGENDA REQUEST FORM CITY OF DANIA I Date: 07/21/99 Agenda Item#: Title: , EXTEND TEMPORARY MORATORIUM ORDINANCE Requested Action: 2No READING OF ORDINANCE- PUBLIC HEARING Summary Explanation&Background: Extension of Industrial Moratorium until January 25, 2000 (6 Months) Exhibits (List): MEMORANDUM FROM TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR ORDINANCE PUBLIC HEARING NOTICE Purchasing Approval: Prepared By: TERRY L. VIRTA, AICP GROWTH MANAGEMENT DIRECTOR THOMAS J. ANSBRO, CITY ATTORNEY Source of Additional Information: (Name&Phone) Recommended for Approval By: PLANNING AND ZONING BOARD JUNE 16, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ City Manager City Clerk L P� ' r 't MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: Second Reading — Moratorium Ordinance Date: July 21, 1999 Attached is a copy of a revised Moratorium Ordinance. If adopted this revision would continue the moratorium until January 2000. The extension is being sought so that the City will have sufficient time to rezone these areas to the IROM Zoning District. This is an action that will follow the adoption of the revisions to the City's Comprehensive Plan. The proposed plan revisions have been reviewed by the several state and regional agencies. The City has received their comments and staff has modified the proposed plan changes accordingly. The proposed amendments will be presented to the City Commission at this meeting. Once the amendments have been adopted they will be given a final review by sate and regional agencies. Once the City Commission has adopted the proposed amendments, the actual rezoning process can begin. It will take about three months for the rezoning to be completed and by that time the plan approval process should be completed. If the rezonings are completed in the October/November time frame the moratorium can be lifted at that time. The Planning and Zoning Board have considered this item and they recommend that the City Commission adopt it on Second Reading. morncmmamoagem tloc f s r, T MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: First Reading —Moratorium Ordinance Date: July 6, 1999 Attached is a copy of a revised Moratorium Ordinance. If adopted this revision would continue the moratorium until January 2000. The extension is being sought so that the City will have sufficient time to rezone these areas to the [ROM Zoning District. This is an action that will follow the adoption of the revisions to the City's Comprehensive Plan. The proposed plan revisions have been reviewed by the several state and regional agencies. The City has received their comments and staff has modified the proposed plan changes accordingly. The proposed amendments will be presented to the City Commission at their last meeting in July. Once the amendments have been adopted they will be given a final review by sate and regional agencies. Once the City Commission has adopted the proposed amendments, the actual rezoning process can begin. It will take about three months for the rezoning to be completed and by that time the plan approval process should be completed. If the rezonings are completed in the October/November time frame the moratorium can be lifted at that time. The Planning and Zoning Board have considered this item and they recommend that the City Commission adopt it on First Reading. f: a, r -f CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING PLANNING AND ZONING BOARD & CITY COMMISSION MORATORIUM ORDINANCE The City of Dania Beach proposes to adopt and discuss an ordinance which will impose a temporary limited 6 month 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 heavy industrial. Public hearings will be held on the proposed moratorium: Public Hearing before the Planning and Zoning Board on Wednesday, June 16, 1999. on or after 7:30 p.m. Public Hearing before the Dania Beach City Commission on Tuesday, July 13, 1999,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 C ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHIN THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1.95 WHICH ENJOY COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIU SHALL ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGF INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDIN FINDINGS; PROVIDING DIRECTIONS;AND PROVIDING AN EFFECTIVE DATE THEREFOR. 1-95 \ City of Dania Beach FLORIDA _ 1 I r � 1 1 Moratorium area is designated by I r Crosshatch marking '�tl Copies of the proposed ordinance are available for viewing and purchase in the Growth Management Department, 1 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday -Friday. Interest 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 reg¢ to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may ne to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which t appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Bea( FL 33004. (954)921-8700 ext. 203,at least 72 hours prior to meeting. Terry Virta.AICP Growth Management Director Published : June 9, 1999 I- - f 1--