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Home My WebLink AboutO-1998-009 E i ORDINANCE NO. 09-98 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 has several properties west of Interstate 95 which enjoy a Comprehensive Plan Future Land Use Industrial Designation (herein the "affected area"); and, WHEREAS, properties in the affected area enjoy different Industrial zoning classifications; and, WHEREAS, 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 has arisen 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 has determined that a time period is 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 this temporary and limited moratorium meets the to-be-defined Goals, Objectives, and Policies of Dania; and, ORDINANCE NO. 09-98 6 t WHEREAS, the City of Dania wishes to enact a moratorium which is narrowly tailored to temporarily halt processing 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, a brief moratorium is necessary 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, the City has 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 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; WHEREAS, a brief moratorium would 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; and, 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 concerns, motivations, and reasons for the imposition of the following limited moratorium. SECTION 2: The properties affected by this temporary and limited moratorium are those lands within the City of Dania lying west of 1-95 which enjoy a Comprehensive Plan Future Land Use Designation of Industrial. These properties are hereafter referred to as the "affected area". SECTION 3: Commencing on the effective date of this Ordinance and continuing for three (3) months (beginning May 12, 1998 and ending August 11, 1998), the City elected and 2 ORDINANCE NO. 09-98 I I I appointed officers and employees are hereby 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: 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: 3 ORDINANCE NO. 09-98 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 are 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 has been received by Dania as of the date of this Ordinance's First Public Hearing. SECTION 5: The City hereby 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 begin 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. 4 ORDINANCE NO. 09-98 _J i 6 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 28t' day of April, 1998. PASSED and ADOPTED on Second and Final reading on the 12`h day of May, 1998. MAYOR — COMMISSIONER ATTEST: 1 . CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: By: City Atto ey G:\WPFILES\TJA\DANIA\INDUSTRIAL MORATORIUM.ORD 03/27/9813 5 ORDINANCE NO. 09-98 -- I 1 1 1 ' SJ�J r rwr S■ , EL rADlt bury 1X LWAL NU1 WL 11LIK P�ub olwdM4 Fort Lau&r&k, BvmaM county, Fiorlla Boca Raton, Palm Beach County, Florida SPATE OF FLORIDA COUNIY OF BROWARD/PAUN BEACH Before the urldetsi pW aWd n*personally appeared who on oath says that he is u ' rrr/ of the Sun dolly newspaper publPshn! h Bfow i Beach thu the atti> copy of atf�emar, being a °q c1t"1 N 0 h the manor of � �t/-G �rl ( ` cV Lj a ,-J/y71 ` 1j C-If A " o n e' LG L h the Court was PuMbQ In said newspaper In the issues of ABlant budter or dot the mW Sat-Seerind Is a nenpaper p hmW in add BrowvmdlPWm Beady cowry, Plodda, and dot the aid newspaper hm hetcwkm body cmaimmudy paWmd in mid Brormd/Palm Beach Cathy, Rod&, emb day, and have been entered as mwW dam miam a dye pat oOce in Pon lauddd*.in UW Browsed Catrry, Plaids,for a paW of aye par am preoe.. dye But plbticaWn of dye anadod mq of adrer4rada,and Aim mys dym he hm neWrr paid nor pmeAnd sus peaM&a or corpaalbn stry dkoum, rebate. comadWon or mfited Im dye prpoae of memirg d1kydratlraeeyr plbikW=Im aaM sew paper. of AMINO Swann eo and a6malbed bdoye me dib / `�r day d_�/�� (svo me of Nowy Pd11k) (Nude of Wary typed,pdmed u•arped) Pmmmully Kn11wm V - -- -- _or PRXKKvd ldcrkd&mtkmk I . eY1 i CITY OF DANIA NOTICE OF PUBLIC HEARING DANIA CITY COMMISSION ZONING ORDINANCE Public hearings on the following proposed ordinance will be held by the Dania City Commission on Tuesday, April 28, 1998 and Tuesday, May 12, 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 AND LIMITED THREE (3) MONTH MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZON- ING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECT- ED AS ALL PROPERTY IN DANIA LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE INDUSTRIAL DESIG- NATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE US- ES IN SUCH AREAS PROVIDED IN THE ORDINANCE: PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFEC- TIVE DATE THEREFORE. CITY OF DANIA FLORIDA �-�-_-- - - i EED 6 ,IN I -a ]LT_ L `fir - G—� Copies of the proposed ordinance are available for viewing and purchase in the Growth 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 Dania 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 record includes the testimony an evidence upon which the appeal is to be based. In accordance with the American 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 meeting. Terry Virta, AICP Growth Management Director I I I _ E SUN-SENTINEL rA.)It Wry ur UUu nu n�c IKIG Published Daily Fort Lauderdale, BI-owmd County, Fiorlda Boca Raton, Palm Beach County, Florida STATE OF FLORIDA COUMY OF BROWARDMAIM BEACH Before the undersigned aWhorky personally appeared / who on oalh nays dial he is N f ill of the Sun thd, dally mvsp pcf p in dowaWiaim Brads Catmty, Rocca thst the a aopy of.adverdwment, bent a in Iht of h the Court was publbhed In said nesveper In the homes of � , ! `� AAiaw hudher op dw the mW&*&-n W k a WwWff pllhtrhed In MW huwmd/Palm Beach CAuntr, Florida, and do the aid newspaper hm heremtm'e been cw&M m * Pubbilmd in and Bwwud/PWm Beach faulty, Fonda, each day, and have boa adeted a etwond dw arty at dw Foal alike In Pan taWadde,in aid owwmd Canny,Pimide,for a paled of are year am paeae ft the But publication of dye coached mil'of advea men,and a0lem mya dot he ha addter paid nor poalaed say Pemr,him IN mrpouakat ww &cmut, abre, aommidan or refund far the pupae of mutt thi advadaemem for publladw it am nerapapa. of AaYrhU Swan b and whbalbed bdoue sae dhY e. / dq d ti ,a ,19 i� (SWwtum of Wohuy RAW (H une of wary typal,1rWed 7med) Paawully Kiwxwm _ _ __. cx Pnx wed IdenWkwkrt. �J 4, G CITY OF DANIA NOTICE OF PUBLIC DANIA CITY COMMISSION ZONING ORDINANCE ty A public hearing on the following proposed ordinance will be Apr, 28,b1998 onaoraafter Commission on Tuesday, April 14, 1998 and Tuesday, Ap Blvd.' Dana, FL. .Thetle Commission of theoom of p oposednia ordinance Hall, h encompass loo West Dania es the proposed change is: AN ORDINANCE OF THE CITY OF DANIA, FLORIDA IMPOSING A TEMPORARY GINNING APRILN 8, 11MITED THREE (3)998 AND ENDING UGLY 28,TH 1119 8), ONIACCEPT- ING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DE- VELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY LYING WEST OF 1-95 WHICHCOMPREHENS VENPLANI FUTURE AND USE NDUSTR ALNDESIG- NATION: PROVIDING THAT THE MORATORIUM SHALL ONLY APPLY TO HEAVY INUSTIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE US- ES IN SUCH AREAS AS PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFEC- TIVE DATE THEREFORE. 1 CITY OF DANIA rwkIDA IJ I I Copies of the ementeDepartment, t00d ordinance areaWesin the tbDania Beach Blvd., Dania,for viewing andeFlo Florida Mana Growth 9 between the hours of 8:00 a.m. and t the 4:00publi h arinng adnd be heard with respect to the Interested parties may appear proposed ordinance. Any person who decides to appeal any decision made by the Dania City Commis- rsion wth regard to any matter ecord lof the proceedings and for such 1h purpose may need to hearingor ensuretha thatverbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Terry Virta, AICP Growth Management Director 1. -- -- -1 i i