HomeMy WebLinkAboutO-1998-011 I
i
ORDINANCE NO. 11-98
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA IMPOSING A
TEMPORARY AND LIMITED THREE (3) MONTH 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 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, pursuant to Ordinance No. 09-98, adopted on May
12, 1998, through the City Commission, established a temporary and limited moratorium
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 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 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
1 ORDINANCE NO. 11-98
E
a
I
area affected by the temporary and limited moratorium met the to-be-defined Goals,
Objectives and Policies of Dania; and,
WHEREAS, the City of Dania 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, 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. 11-98
I
i !
SECTION 2: The properties which remain affected by this temporary and limited
moratorium are those lands within the City of Dania lying west of I-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. 09-98, adopted May 12, 1998, which provided a
temporary three (3) month moratorium through August 11, 1998, is, in practical effect,
extended and re-enacted as a new temporary ordinance, to extend the effective
moratorium date for an additional three (3) month period through November 10, 1998. 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 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. 11-98
i
_J
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 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 as of the date of the First Public Hearing
of Ordinance No. 09-98.
4 ORDINANCE NO. 11-98
f
—J
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 28th day of July, 1998.
PASSED and ADOPTED on Second and Final reading on the 11th day of August
1998.
MAYOR — COMMISSIONER
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS:
By:
� I .l
CITY ATTORNEY
GWPFILESITJXDANIA�NDUSTRIAL MORA E%T ORD
07/23/98
1 5 ORDINANCE NO. 11-98
vi
z
I -
h
PAS rF:COPY OF LE(:AI.N. .IIERV
SUN-SENTINEL
Published Daily
Fort Lauderdale, Browfard County, Florida
Boca Raton, Palm Beach County, Florida
STA-M. OF FI.ORIDA BBACII
COUNTY OF BROWARDIPALM
Before the undersigned authority psnoaally appeared
who 4a oath says that he is
o[the Sun—Sealinel ily newspaper published
' It of advertisement,
in Brower alga Beach County, Florida that he at�x copy
-lam being a �
in the matter Of �x —
o Ot Gl�x Court i C
in the
was published in said newspaper in the issues
lisbcd
n said
A[tlanl further says that the said Sus—Seuliuel is a newsp a heretofore Ibceo continuously
t
and that the said newspaper
Palm Beach County,Florida, and have been entered
published in said Broward[Palm Beach County,{lurida,each day, ix
Of advertise—
as second class matter at the post office in Fort I.auderdale,in said Broward County, Flan a, m
for a period o[one year next preceding the first publication oor promised so[the attached copy ratiao
meet,and f of says that he has neither paid n py person, film or corpo
/.
any discount, rebate, th mission or refund for the purpose Of securing(his advertisement
for publication in said newspaper.
(Si fe d Afri t) �'
c u day of ��_ 19
Sworn to and subscribed before me this
(Signature of Notary Public)
(Name of Notary typed- P"n!C4 or clamped)
OF Produced IJeoliGcatioR____�
personally Know° —
i
I --
L� '
I i
t
LASON SYSTEM'S INC,, :Wi.IE'..
6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477-9149 •800-287-4799 • FAX 305-477-7526
a inphotocopy poor
condition
i
FC 017
i
C11'YO , ;: A J��►`
x NOVICE 01= PIJ� JCrHEARI.NG . f
PLANNING AND *`ZONING BOARD
z ZONING ORDINANCE"
4 A Public hearing on the following proposed ordinance will be held by the City
Commission on Tuesday, July 28, 1998 on or after 7:30 p.m. in the City Commission
c -room of Dania City Hall, 100 West Dania Beach Blvd., Dania, FL. The title of the
proposed ordinance is as follows:
0 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA IMPOSING A TEM-
PORARY AND LIMITED THREE (3) MONTH MORATORIUM ON ACCEPT-
ING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVEL-
OPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL
PROPERTY IN DANIA LYING WEST OF 1-95 WHICH ENJOY A COMPRE-
HENSIVE PLAN FUTURE LAND USE INDUSTRIAL DESIGNATION; PRO-
VIDING THAT THE MORATORIUM SHALL ONLY APPLY TO HEAVY IN-
DUSTRIAL USES AND SHALL'LEAVE UNAFFECTED%A-,WIDEWARIETY.:,•;";'."
OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USESIN SUCH AREAS_:
AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING
DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFORE.
CITY OF DANIA
FLORIDA
99
All
o r 1
C
O
W >V
Pay ®- -
z
LU
to m` Copies of,the proposed ordinance are available for viewing and purchase in the
= a' Growth Management Department, 100 West Dania Beach Blvd., Dania, Florida
N ai :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
r 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 testimony
o` -and evidence upon which the appeal is to be based.
ur .In accordance with the American's with Disabilities Act, persons needing assistance
to participate in any of these proceedings should contact Marie Jabalee, City Clerk,
A00 W. Dania Beach Blvd., Dania, FL 33004, (954) 921-8700 ext. 202, at least 48
hours prior to meeting.
Terry Virta, AICP
Growth Management Director
I
SUN-SENTINEL PAST's COPY Or I.ECAI.NO 1FRe
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
STATT3 OF IT.ORIDA J /
COUNTY OF BROWARD/PALM DBACl1
Before the undersigned authority personally pcareJ
who on oath says that a u
' _.
C C1 1�� L l l i /L` Ic of the Sun—Seolioel,daily aewspaper published r' -
in Broward/Palm E6ch County, Florida, that the attached copy of advertisement,
being a Lnl�l C..C_. w='
in the matter of P, hE'O_rl r�'11 'A-1- 1 M'--s-- -, FYI' C� t r +lam
�Cll]� /� (�1 IYY �f 4elt' ' �Y7tl rt C C1 FtY c�CCc( i c� A/2pl1ca
in the Conrt _I�a LUVr)c
was published in said newspaper in the issues of Alx
Affiant further says that the said Sun—Seolinel is A newspaper published in said Broward/ 4,
on
Palm Beach County, ITorida, and that the said newspaper has heretofore been continuously
published is said Broward/Palm Beach Couuty, Florida,each day,and have been entered —
as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, '0%
for a period of one year Best preceding the first publication of the attached copy of advertise— ;W
meat, and affiant says that he has neither paid nor promised any person, firm or corporation -
any discount, rebate, commission or refund for the purpose of securi9g this advertisement
for publication in said newspaper.
?�
(Signature o6 Affiaul)
Sworn to and subscribed before me this day of_ Y ' L 19
/ � G
(Signature of Notary Public) _
(Name of Notary typed,printed or slWped) '
Personally Known V or Produced IJentificafioo _
I
I i
CITY OF DANIA
NOTICE OF PUBLIC HEARING
RD
PLANNING AND ZONING BOA
P ZONING ORDINANCE
Z A Public hearing on the following proposed ordinance will be held by the City
y Commission on Tuesday, August 11,1998 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 OF DANIA, FLORII
TEMPORARY AND L MITEDITY THR E (3) MONTH 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 AVAILABLE USES IN SUCH AREAS AS PROVIDED IN
THE ORDINANCE; PROVIDING FINDINGS; PROVIDING
DIRECTIONS; AND PROV D NG*AN EFFECTIVE DATE THEREFORE.
CITY OF DANIA
FLORIDA
O
O � a
� B
1
C I—
� y .
O
u, _>v
z
F- `p
Z a 3 Copies of the proposed ordinance are available for viewing and purchase in
Uy o c the Growth Management Department, 100 West Dania Beach Blvd., Dania,
Z m { Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday.
a T Interested parties may appear at the public hearing and be heard with respect
y a to the proposed ordinance.
M c Any person who decides to appeal any decision made by the Planning and
c Zoning Board and City Commission with regard to any matter considered at
a this meeting or hearing will need a record of the proceeding, and for such
M purpose may need to ensure that a verbatim record of the proceedings is
J made which includes the testimony and evidence upon which the appeal is to
R
c m be based.
ILLIn 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 136ach Blvd., Dania FL 33004 (954)
921-8700 ext. 202, at lease 48 hours prior to meeting.
Terry Virta, AICP
Growth Management Director
1