HomeMy WebLinkAboutO-2014-006 Hertz Text Amendment (1900 1950 and 2150 NE 7 Avenue) Article 115 ORDINANCE NO. 2014-006
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE TEXT AMENDMENT REQUEST
MADE BY LEIGH R. KERR, REPRESENTING THE HERTZ.
CORPORATION, A DELAWARE CORPORATION (SUCCESSOR BY
MERGER TO HERTZ REALTY CORPORATION) AND PORT 5 LTD C/O
DAVID DIX, WALLYPARK EAST COAST REGIONAL OFFICE, ORLANDO,
FLORIDA, PROVIDING FOR AN AMENDMENT OF ARTICLE 115,
ENTITLED "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED,
SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" OF CHAPTER
28 "LAND DEVELOPMENT CODE" OF THE CODE OF ORDINANCES, TO
ADD USES TO THE SCHEDULE OF PERMITTED USES IN THE
INDUSTRIAL RESEARCH OFFICE (IRO) ZONING DISTRICT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS,Leigh R. Kerr, representing The Hertz Corporation, a Delaware corporation
(successor by merger to Hertz Realty Corporation) and Port 5 Ltd c/o David Dix, Wallypark East
Coast Regional Office, Orlando, Florida, is requesting to amend Article 115 of the City's Land
Development Code in order to add permitted uses to the Schedule of Permitted Uses for the
Industrial Research Office (IRO) zoning district;and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 610-20 of the Land Development Code, and Section
166.041 (c)(2), Florida Statutes, notice has been given by publication in a newspaper of general
circulation in the City, notifying the public of this proposed Ordinance and of the time and dates
of the required public hearings; and
WHEREAS, two (2) public hearings were held before the City Commission pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City s Comprehensive Plan,
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 115 of the entitled "Industrial Districts: Permitted,
Prohibited, Special Exception Uses, and Conditions of Use" of Chapter 28 "Land Development
Code"of the City Code of Ordinances is amended to read as follows:
ARTICLE 115. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES,AND CONDITIONS OF USE
Sec. 11540. Schedule of permitted uses.
P - Permitted
A - Permitted accessory use only
#,# - (Ex: 1,2)Permitted subject to the conditions of use numbered 1 and 2 found in section
115-50
SE - Permitted special exception use only, pursuant to article 630
SE(#, - (Ex: 1,2)Permitted as a special exception only, and subject to conditions of use
#) numbers 1 and 2 found in section 115-50
- not permitted
USES IROM IROM- IROC IRO IG IR IPEDDIMA-
I AA I I 1
USES
Automobile rental (indoor/outdoor) 33, 74 33, 74 32,2 NP SE P IP
2,17,74,76 �}
hL4RINE AND HF.AY'Y INDUSTRIAL USES
Parking for vehicles and equipment 17, 76, NP 35, P
=- 77 m 17, 74, 76 36
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
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reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. All ordinances of the City of Dania Beach in conflict with any provisions
of this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be effective immediately upon passage and
adoption on second reading.
PASSED on first reading on May 13, 2014.
PASSED AND ADOPTED on second reading on May 27, 2014.
ATTEST:
LOUISE STILSON, CMC WAL ER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS TO RORM AND CORRECTNESS: ��o�P�,s Fir
THONAS J. ANSBRO
CITY ATTORNEY
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