HomeMy WebLinkAboutO-2000-013 ORDINANCE NO. 2000- 013
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28, ZONING, ARTCILE 11.10, RELATING TO NOTICE
REQUIREMENTS; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That Section 11.10 of Chapter 28, Zoning, of the Code of Ordinances of the
City of Dania Beach, which Section is entitled "Notice applicable to re-zoning of property" is
amended as follows:
11.10. Notice applicable to re-zoning of property and variance requests.
(a) Any ordinance that proposes to change the actual zoning map
designation for a parcel or parcels of land (i.e., rezoning of property) aggregating ten
(10) acres or less, or initiated by the property owner, shall first be submitted to the
planning and zoning board which shall conduct a public hearing and transmit to the city
commission its report and recommendations. The public hearing before the planning
and zoning board shall be conducted no less than ten (10) days from the date of written
notice to all owners of property (or, in the case of a condominium or cooperative
development, to the board of directors thereof) immediately adjacent to the subject
property and within three hundred (300) feet thereto and across the street therefrom.
For the purposes of this notification, an owner of property shall be deemed to be the
person or entity whose address is shown on the tax rolls of the Broward County Tax
Collector. Omissions or errors of notification to owners of properties lying within three
hundred (300) feet of the subject property shall not invalidate any proceedings. The
notice of public hearing shall include the official legal description of the property; a
description of the property as to its location with respect to the street upon which it
faces; its approximate relation to the nearest cross street; a sketch showing its
approximate size, location and relationship to adjacent properties; the existing zoning
classification; the proposed zoning classification; and, in connection with an application
for a variance, a statement as to the nature and extent thereof. In addition to the
foregoing, additional notice of any such application shall be given to the general public
by the posting of a sign as provided for in section 33-303 of Chapter 28 of this code.
The notice of hearing shall set forth the dates, times and locations of the public
hearings to be held by the planning and zoning board and, subsequently, by the city
commission. In addition to the foregoing, all public hearings before the city commission
shall be in accordance with the requirements of Section 166.041, Florida Statutes.
1 ORDINANCE NO. 2000-013
(b) Any ordinance initiated by the City, that proposes to change the actual
zoning map designation for a parcel or parcels of land (i.e., rezoning of property)
aggregating more than ten (10) acres, shall be noticed in compliance with the
requirements of Section 166.041, Florida Statutes, but shall otherwise follow the
process, exclusive of the notice provisions, described in subsection (a) above.
Section 2. That except as amended, all other provisions of Chapter 28 of the Code of
Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect, and
any inconsistent provisions of Chapter 28, the entire Code of the City or City resolutions
are repealed to the extent of any conflict with this ordinance.
Section 3. If any clause, section or other part of this ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this ordinance
shall not be affected thereby but shall remain in full force and effect.
Section 4. That this Ordinance shall be in force and take effect immediately upon its final
passage and adoption.
PASSED and ADOPTED on First Reading on March 13, 2000 .
PASSED and ADOPTED on Second and Final Reading on March 28, 2000.
MAYOR- OMMI NER
ATTEST:
. ROLL CALL:
MAYOR MCELYEA - YES
SHERYL CHAPMAN VICE-MAYOR BERTINO - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER ETLING - YES
COMMISSIONER MIKES - YES
APPROVED AS FORM AND CORRECTNESS:
THOMAS AN RO
CITY ATTORNEY
2 ORDINANCE NO. 2000-013
40 CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: March 22, 2000
SUBJECT: Zoning Code Text Amendment to Establish Separate Notice
Requirements for City-Initiated Zoning Map Amendments
Comprising an Aggregate Area of More than 10 Acres
APPLICANT: City of Dania Beach
The current city zoning process is intended for all rezonings, both privately and
city-initiated. "Privately initiated" rezoning applications generally involve one
parcel and are submitted by property owners, contract purchasers, developers or
builders.
"City-initiated" rezonings can involve multiple parcels, with an aggregate area of
more than 10 acres. City initiated rezonings are generally used to upgrade
existing zoning designations with respect to permitted uses, setbacks, and
landscaping.
The current Zoning Code requires, for all zoning changes (city or privately
initiated)
"....:.written notice to all owners of property (or, in the case of a condominium or
cooperative development to the board of directors thereof) immediately adjacent
to the subject property and within three hundred (300) feet. The notice of public
hearing shall include the official "legal description" of the property; a description
Of the property as to its location with respect to the street upon which it faces; its
approximate relation to the nearest cross street; and a sketch showing its
approximate size, location and relationship to adjacent properties, and, the
posting of a sign on the property...."
40
textnotice01.DOC
® Staff proposes no change in the requirements for privately initiated rezonings.
Staff does recommend a separate process for City-initiated rezonings of a single
or multiple parcel(s) of more than 10 acres. This procedure would still allow the
City to meet the minimum requirements of State Law, provide advertised notice
in the local newspaper, and notice to every property owner whose land is
proposed for rezoning.
Dania Beach established a moratorium two years ago for properties previously
annexed to the City and designated "Industrial" on the City Land Use Plan.
These properties are located primarily along the Ravenswood, 1-95, 1-595, and
along portions of State Road 84. Several months ago, the City established a
new zoning district ("IROM — Industrial, Research, Office, Marine") to upgrade
permitted uses and area requirements (setbacks, etc.) in these areas.
The proposed IROM rezoning includes approximately 165 property owners who
collectively own approximately 250 parcels. Under current rezoning procedures,
the city would have to prepare a separate legal description, separate map, and
separate notice for each parcel, and separately "post" each parcel. Producing
this information would be costly and time consuming, and would delay
implementation of the IROM and expiration of the moratorium.
Under the proposed rezoning procedure, city-initiated "site-specific" rezonings of
® 10 acres or less would still proceed in the conventional manner. However, the
IROM rezoning, in which properties are zoned to encourage higher quality
industrial development, could be processed in less costly and more expeditious
manner.
STAFF RECOMMENDATION: Approval.
textnotice0l.DOC
THE MIAMI HERALD
® A Knight Ridder Newspaper
Published Daily
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
TONI RICHARDSON
who on oath that she is
ADVERTISING OFFICE 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:
® The Herald, Broward Edition on Monday, February 7, 2000 on pg. 5B
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement.
Toni Richardson
Sworn to and subscribed before me
14+-h
this day of February, 2000 A.D.
Monica Kelly
® OFFICIAL,NOTARYS$gL
N� MONICA j KELLY
COY P�LIC STATE OF FLORIDA
MMISSION NO.
MY COI1{MISSION C�9643
EXP.APR.22,2000
CITY OF ®AMA REACH
NOTICE OF PUBLIC HEARING
The City of- Dania Beach proposes to adopt or discuss an ordinance
amending the zoning code by amending the notice requirements for city
initiated rezonings. Public hearings will be held on the proposed
amendment on the following dates:
Wednesday, February 16, 2000, on or after 7:30 p.m. before the
Planning and Zoning Board
and
Tuesday, March 14, 2000, on or after 7:30 p.m. for 1st reading before
the City Commission
in the City Commission Chambers, Dania Beach Administrative Center, 100
West Dania Beach Blvd., Dania Beach, Florida, 33004. The title of the
proposed zoning text amendment reads as follows:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28, ZONING, ARTICLE 11.10, TO PROVIDE NOTICE
REQUIREMENTS FOR CITY INITIATED REZONINGS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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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 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 Sheryl
Chapman, Administrative Services Director, 100 W. Dania Beach Blvd,
Dania, FI 33004, (954) 924-3630, at least 72 hours prior to meeting.
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
The City of Dania Beach proposes to adopt or discuss an ordinance amending the zoning code
by amending the notice requirements for city initiated rezonings. Public hearings will be held
on the proposed amendment on the following dates:
Dania Beach City Commission on Tuesday, March 28, 2000, on or after 7:30 p.m. (2"d Public Hearing)
in the City Commission Chambers, Dania Beach Administrative Center, 100 West Dania Beach
Blvd., Dania Beach, Florida, 33004. The title of the proposed zoning text amendment reads as
follows:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28,
ZONING, ARTICLE 11.10, TO PROVIDE NOTICE REQUIREMENTS FOR CITY INITIATED
REZONINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Insert City of Dania Beach Map here (Call me if you need a new one 924-3645)
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 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 Sheryl Chapman, Administrative
Services Director, 100 W. Dania Beach Blvd, Dania, FL 33004, (954) 924-3630, at least 72
hours prior to meeting.
Published: Thursday, March 16, 2000
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 28, 2000
2. DESCRIPTION OF AGENDA ITEM: 2ND PUBLIC HEARING -TEXT AMENDMENT
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE
4. SUMMARY EXPLANATION & BACKGROUND:
Zoning code text amendment to establish separate notice requirements for City
initiated zoning map amendments.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report, Laurence Leeds, AICP, Director Growth Management
Ordinance
Public Hearing Notice
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
• 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board Approved request at their meeting held on
February 17, 2000.
Submitted by:
Laurence G. Leeds, AICP, Director Date 03/22/2000
Growth Management Department
City Manager Date