HomeMy WebLinkAboutO-1998-020 6
ORDINANCE NO. 20-98
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND
PROCESSING CERTAIN APPLICATIONS FOR ZONING i
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. 11-98, adopted on
August 11, 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. 11-98, adopted August 11, 1998, which extended
the temporary three (3) month moratorium through November 10, 1998, is, in practical
effect, extended and re-enacted as a new temporary ordinance, to extend the effective
moratorium date for an additional period of time through January 26, 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 CA 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
from
num. brass,
C.
manufacture products inetal or from bone cloth, hair, bronze,
or
lea herr, paper, ubber,, shell,rplastcl
other , 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
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.
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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
cl 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 271h day of October, 1998.
PASSED and ADOPTED on Second and Final reading on the 101h day of
November, 1998. \
MAYOR —COMMISSIONER
T7EST: % ROLL CALL:
MAYOR CALI - YES
CITYCLERK—/AUDITOR VICE-MAYOR ETLING - YES
COMMISSIONER BERTINO—YES
COMMISSIONER MIKES - YES
APPROVED AS TO FORM COMMISSIONER HYDE - YES
AND CORRECTNESS:
By: j4d,
HO ASJ. ANSBRO
CITY ATTORNEY
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AGENDA REQUEST FORM
CITY OF DANIA
., Date: 10126198 Agenda Item#:
Title:
EXTEND TEMPORARY MORATORIUM ORDINANCE
Requested Action:
2nd AND FINAL READING OF ORDINANCE - PUBLIC HEARING
Summary Explanation& Background:
Exhibits(List):
MEMORANDUM FROM TERRY L. VIRTA,AICP—GROWTH MANAGEMENT DIRECTOR
ORDINANCE
PUBLIC HEARING NOTICE
Purchasing Approval:
Prepared By:
Source of Additional Information: (Name d Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 10121198
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
City Manager
City Clerk
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MMEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: Extension of the Industrial Uses Moratorium
Date: November 2, 1998
There is a request to extend the Industrial Moratorium for an additional period of
time until January 26, 1998, scheduled before the City Commission on November 10,
1998. The reason for this extension is that the City is not yet in a position to rezone
actual properties under the new zoning category, Industrial, Research, Office, Marine
(IROM). Before specific properties can be rezoned the Comprehensive Plan must be
redrafted to reflect the need to change the zoning in this area.
It is planned for the City Commission to hear the proposed Comprehensive Plan
amendments at the same meeting on November 10, 1998. Once the proposed
amendments have been transmitted for state and regional review the rezoning can
proceed. It is recommended that the City Commission approve this Ordinance on
second and final reading.
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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:
Monday, November 2, 1998, Broward Local News, Pg. 5B
Affiant 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 publis ett in said Dade County, Florida, each day and has been
entere/.�1 as ! econd, bass mail matter at the post office in Miami, in said Dade
Co nt'y, Florida, � a period of one year next preceding the first publication of the
at hed copy of dvertisement.
Mathew Fine L \ OFFICIAL NC7IARyg�L
l MON(CA J KELLY
NOTARY PUOIJC STATE OF FL0121DA
MY COMMI.tiS10N XP.CC54%?J
Sworn to and subscribed before me APR.22 zCOp
this
llth dayof November A.D. 1998
Monica Kelly
i
AEA-RiIVG
NOTICE MMISSION
DANIA CI CO
MORATORIUM ORDIINiANCEnanceII be held by.
on the following proposed q public hearing November 10, 1998, on or
the Dania City Commission on Tuesday, ro o100
after 7:30 p.m. in the City
C Dania, FL on r The ofoom Dania
oif the proposed
West Dania Beach B
ordinance is as follows: )F THE CITY OF DANIA, FLORIDA
ARY MORATORIUM ON ACCEPTING
AN ORDINANCE
(PING
IMPOSING A T
AND PROCESSING CERTAIN ASTABLISI�NGF ZONING
THE AREA
DEVELOPMENT G WEST OF
AFFECTED AS AOYPA��MPREHENSIVERTY IN DANIA LPINA FUTURE
195 WHICH EN „
IDING THAT
LAND USE "IN R I SHDLL I ONLY IOAPPLYOVTo HEAVY
THE MORATORIUM
INDUSTRIALVARIETY OFLIGHT A INDUSTRIAL AND OTHER
WIDE VARIPROVIDING
AVAILABLE USEP IN ROVI�DINGRFINDINGS;�VIDED IN THE
ORDINANCE;
DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE
THEREFOR. adopted August 11 , 1998, which extends
That Ordinance No. 11-98, ordinance, to extend the
the temporary three (3) month moratorium through November 1 ,
1998, would be extended as a new temporary
itional period of time through
effective moratorium date for an add
January 26, 1999. - - r
CITY OF DANIA 4
FLORIDA s+
o
t° Moratorium Area
I Shaded/Crosshatch
r
urchase in the Growth Management
Copies of the proposed ordinance are available for viewing and p %
- t to . Interested parties may appear at the public hearing and be heard with respect to,the
Department, 100 West Dania Beach Blvd., Dania, Florida between the hours of ear a.m. and respect
p.m•.
Monday y the Planning and Zoning Board and City
proposed ordinance. any decision made by or hearing will need a record of the
Any person who decides to appealproceedings is made which
commission with regard to any matter considered at a v meeting
(pose may need to ensure a verbatim record of the p
proceedings, and for such purp
appeal is to be based. in
of
100 vDaniasBeach Blvd., Danistance to ia,
Fl- 33004,, ;a
includes the testimony and evidence upon which the app needing
Clerk,
In accordance with the these proceedings should contact MarieDJabaleeisabilitiesCity persons
here 921-8700 ext.202, at(cast 48 hours prior to meeting.
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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:
Monday, October 19, 1998, Broward Local News, Pg. SB
Affiant 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 publis in said Dade County, Florida, each day and has been
enter as second m mail matter at the post office in Miami, in said Dade
Co n y, Florida, Eqr I period of one year next preceding the first publication of the
at he'd opy of/advertisement.
Mat hew Fine l ` OFFlCIAL NOTARYSF AL
l Mo,vlcq I ReLLY
. NOTARYPUBLIC STATE OF FLORIDq
COMMISSION \O.CCS49Gg3
Sworn to and subscribed before me MYcou�nssloNExr.nFR.zzz000
this
19th dayof October A.D. 1998
M� ca Kelly
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CITY OF DANIA ��•
NOTICE OF PUBLIC HEARING
DANIA CITY COMMISSION
MORATORIUM ORDINANCE
A Public hearing on the following proposed ordinance will be held by the Dania City
Commission on Tuesday, October 27, 1998, on or after 7:30 p.m. in the City
Commission room of Dania 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, FLORIDA IMPOSING A TEMPORARY
MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR
ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL
PROPERTY IN DANIA 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 i
AVAILABLE USES IN SUCH AREAS AS PROVIDED IN THE ORDINANCE;
PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN
EFFECTIVE DATE THEREFOR.
CITY OF DANIA - - -_
FLORIDA
L'i 14=7L f �
I ; 11 Moratorium Area` I °- -�I =-- Shaded/Crosshatch
Y--
That Ordinance No. 11-98; adopted August 11, 1998, which extends the temporary
three (3) month moratorium through November 10, 1998, would be extended as a new
temporary ordinance, to extend the effective moratorium date for an additional period
of time through January 26, 1999.
Copies of the proposed ordinance are available for viewing and purchase in the
Growth and Management Department, 100 West Dania Beach Blvd., Dania, 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, FL 33004, (954) 921-8700 ext. 202, at least 48 hours prior
to the meeting.
Terry Virta, AICP
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