HomeMy WebLinkAboutO-2017-028 FPL LDC Text Amendment ORDINANCE NO.2017-028
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, THE "LAND
DEVELOPMENT CODE," OF THE CITY CODE OF ORDINANCES BY
AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED,
PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE,"
SECTION 115-50 "CONDITIONS OF USE" PROVIDING FOR
REGULATIONS CONCERNING SEPARATION REQUIREMENTS FOR
ELECTRICAL POWER PLANTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; 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, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives;and
WHEREAS, City staff recommends approval of a proposed change to the Code as shown
below; 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 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 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 Chapter 28 "Land Development Code," Article 115 "Industrial
Districts: Permitted, Prohibited, Special Exception Uses, and Conditions of Use" of the City of
Dania Beach Land Development Code is amended to read as follows:
ARTICLE 115. - INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED,
SPECIAL EXCEPTION USES,AND CONDITIONS OF USE
Sec. 115-50.—Conditions of use.
50 "Conditions of use: must be located at least one thousand five hundred (1,500)
feet from any property with a"residential" land use plan designation.
Applies to the following uses and districts:
Distribution facility: IRO, IG
Railroad and truck terminal: IG
Electrical power plants IRO, IG:
a. Where any new electrical power plant site did not exist prior to 2001.
b. Where any new electrical generating unit would be built at an existingf acili1y
after 2001 (excluding facilities licensed through Florida Electrical Power Plant
Siting Act applications PA89-26A2 and PA89-26H).
c. Where any new type of fuel would be utilized.
d. Solar generation and battery storage are not subject to Section 115-50.
Wastewater treatment facilities: IRO"
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Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
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. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 5. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on August 22, 2017.
PASSED AND ADOPTED on second reading on September 12, 2017.
ATTEST:
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LOUISE STILSON, CMC TAMARA JAMES(J
CITY CLERK , MAYOR
APPROVED AS TO F AND CORRE
Co
THOMAS . ANSB O
CITY ATTORNEY
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