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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1998-010Temp. Ord. #1784 Page 1 Revision #2: March 16, 1998 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-98-/0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING 10-128 "FIRE PROTECTION", REDUCING THE MAXIMUM DISTANCE BETWEEN FIRE HYDRANTS AND FIRE DEPARTMENT CONNECTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Fire Rescue Department currently staffs fire engines with a minimum of three fire fighters and fire ground operations require that fire fighters work in teams; and WHEREAS, the current separation of up to one hundred fifty (150) feet between the fire hydrant and the fire department connection requires two people to secure the water supply which delays action to mitigate the emergency; and WHEREAS, reducing the distance between the fire hydrant and the fire department connection to fifty (50) feet allows the driver of the fire engine to secure the water supply, and WHEREAS, National Fire Protection Association #1141 recommends a maximum of fifty (50) feet between the fire department connection and the fire hydrant; and WHEREAS, the Fire Chief recommends the reduction in distance between the fire hydrant and the fire department connection; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the CODING: Words in stFUslthFOU914 type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1784 Page 2 Revision #2: March 16, 1998 best interest of the citizens and residents of the City of Tamarac that the distance between fire hydrants and fire department connections be reduced to fifty (50') feet . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Section 10-128(2)(c) of the Code of Ordinances is hereby amended as follows: In the case of a building which w+l-PFeVide contains standpipe or sprinkler systems, or both, a fire hydrant shall be installed within 4}fifty (5 Ifeet of the exterior fire department connection, with a minimum main size of eight (8) inches in diameter. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Section shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the work "Ordinance" may be change to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions and parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any CODING: Words in stFuGk threugI4 type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1784 Page 3 Revision #2: March 16, 1998 person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon it's passage and adoption. PASSED, FIRST READING this oZ.S day of , 1998. PASSED, SECOND READING this day of 14 , 1998. �11E SCHREIBER, MAYOR ATTEST: CAROL G , CMC/AAE CITY CLER I HEREBY CERTIFY that I hav pproved this O D NANC4st m RECORD OF COMMIS ION VOTE MAYOR SCHREIBERDIST 1: COMM. McKAYEDIST 2: V/M MISHKINTCHELL DIST 3: COMM. SULTANOFCITY ATTDIST 4:CQMM. ROBERTS 31ashg 141,7g CODING: Words in etw& thFewg4 type are deletions from existing law; Words in underscored type are additions. ` PROPOSED CITY C0111111A"ISSION AGENDA ITEM City Commission Meeting of: June 24 1998 Cut Off Date: June 10, 1998 ORDINANCE Temporary Ordinance Number: 1824� ! 7 Item Title: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of the Tamarac Code entitled "Fire Prevention and Protection", Article 1, In General by adding Section 7-1 entitled "Blasting Prohibited", providing for the ban on explosives within the City of Tamarac. The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Commission agenda. Initials for Initials for Department Approval Disapproval Date 1.) Community Development tG(JZ 2.) Fire 9g 3.) BSO _ 6 . /G 7,r 4.) Public Works/Engineering 6 It lit 5.) Building Official 6.) Utilities AL 7.) Assistant to the City Manager 6 8.) City Attorney _ 9.) City Manager 10.) City Clerk 0 11.) Initiating Department Director's Signatur . Date: 6, Documenl4 Form Revised 6/13/97 A PROPOSED AGENDA ITEM Temp. Ord. #: 1824 , STAFF APPROVAL RECOMMENDED [AYES ❑ NO The proposed Agenda item is being submitted for Staffs approval and recommendation for City Commission action on June 24, 1998. Original documentation is attached herewith for distribution and inclusion on the City Commission Agenda. PROPOSED AGENDA ITEM An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of the Tamarac Code entitled "Fire Prevention and Protection", Article 1, in general by adding Section 7-1 entitled "Blasting Prohibited", providing for the ban on explosives within the City of Tamarac. PURPOSE To approve Temp. Ordinance 1824. STAFF RECOMMENDATION ADVISORY BOARD RECOMMENDATION FUNDING DATA INSURANCE Document4 Form Revised 6113/97 ` F " Temp. Ord. #1824 Rev. # 1, June 19, 1998 CITY OF TAMARAC, FLORIDA AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE 1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, property owners and residents of the City of Tamarac have expressed that their real and personal property has been damaged as a result of blasting activities permitted in conjunction with excavation activities; and WHEREAS, excavation activities by blasting can cause damage to properties which are difficult for property owners to prove and place a heavy burden on property owners and residents to pursue claims against the parties conducting the blasting activities; and WHEREAS, blasting operations have become a nuisance in the City producing annoyance, inconvenience, and discomfort to the residents of the City; and WHEREAS, a prohibition of blasting in the City of Tamarac will serve to eliminate the potential adverse impact to the surrounding residents' properties; and WHEREAS, there are alternative methods to blasting which alleviate the difficulty of mining, quarrying and excavation operations caused by the hardness of rock in the City of Tamarac; and CODING: Words in stFue r thr-eug44!� type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1824 Rev. #1, June 19, 1998 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac to prohibit blasting within the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The Tamarac City Code is hereby amended by adding the following: BLASTING PROHIBITED Sec. 7-1. Explosives, blasting_ prohibited. It shall be unlawful for any user, through himself or a blaster, to blast fire detonate or use an explosive within the territorial limits of the city. This section shall not act to regulate the use of fireworks as set forth in Chapter 15 of this Code. SECTION 3: Any person or developer who does not have a pending application or a valid permit issued by any governmental entity to conduct blasting activities within the City of Tamarac as of the passage of this Ordinance will be prohibited from conducting blasting operations within the City of Tamarac. SECTION 4: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in stfue r thr-o gh-type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1824 Rev. # 1, June 19, 1998 SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of Jv�y 09 17e. PASSED, SECOND READING this day of ,19 JOE SCHREIBER MAYOR Ill01 M41I CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have approved this Ordinance as to form. MITCHELL S. KRAFT CITY ATTORNEY CODING: Words in S406.k thf;aug4 type are deletions from existing law; Words in underscored type are additions. CITY OF TAMARAC INTEROFFICE MEMORANDUM (98-214) CITY ATTORNEY TO: Mayor Schreiber Vice Mayor Mishkin Commissioner McKaye Commissioner Roberts Commissioner Sultanof FROM: Mitchell S. Kraft, City Attorney DATE: June 19, 1998 RE: Blasting Ordinance Our File: A97-129 At the December 10, 1997 City Commission meeting, Temporary Ordinance 1814, an ordinance banning blasting, was voted down by a vote of three -to -two. At the June 10, 1998 City Commission meeting on Commissioner Roberts' Motion the Commission voted to place the ordinance banning blasting back on the agenda for the June 24, 1998 City Commission meeting. In response to the Commission's request, I have prepared the attached Temporary Ordinance No. 1824 (Temp. Ord. 1824), an ordinance banning blasting within the City of Tamarac, for review at the June 24, 1998 City Commission meeting. This is essentially the same ordinance considered by the City Commission at the December 10, 1997 meeting. If after two readings this ordinance is passed, the use of any type of explosives within the City will be unlawful as of the effective date of the ordinance. The ordinance will exclude all blasting activities within city limits but does not regulate or prohibit the use of fireworks. Although the City had repealed the Tamarac Code sections regulating blasting in order to allow Broward County to enforce the Broward County Code provisions governing blasting by the passage of Ordinance No. 0-95-1, Temp. Ord. 1824 provides for the repeal of all ordinances in conflict with it. By passing Temp. Ord. 1824 the City would resume control of blasting activities within the City. The Broward County Code provisions that pertain to blasting apply "in all areas of Broward County, inclusive of the various municipalities, unless the provisions of this article are in conflict with a separate and distinct ordinance of a municipality in which case this article shall not be effective within the municipality to the extent of such conflict, regardless of whether such municipal ordinance was adopted or enacted before or after the county ordinance." (Broward County Code §12-14(b), emphasis added.) Here, upon passage, the Tamarac ordinance will take priority over the Broward County ordinance. Section 3 of Temp. Ord. 1824 provides that a person or developer must have a permit pending or issued by a government entity in order to blast within the City. A person or developer without a pending application or issued permit as of the passage of Temp. Ord. 1824 will be prohibited from blasting within the City. Because the City does not currently have an ordinance restricting blasting, a party that obtains a valid permit from Broward County prior to the passage of Temp. Ord. 1824 and meets all of the County's requirements would be permitted to continue with blasting as planned. The Supreme Court of Florida has established that a permit issued by the proper party "can have no other purpose than to authorize action by the permittee in reliance on its terms." Sakolsky v. City of Coral Gables, 151 So.2d 433 at 436 (Fla. 1963). Additionally, a permit issued by the County prior to the enactment of Temp. Ord. 1824 could not be rescinded where "a property owner in good faith, upon some act or omission of the government, has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired." Hollywood Beach Hotel Co. v. City of Hollywood, 329 So.2d 10 (Fla. 1976), citing Sakolsky. Our ordinance is also consistent with state law, which provides that incorporated cities have specific authority to regulate the use of explosives within the corporate limits through ordinances, rules and regulations (F.S. §552.25). Please do not hesitate to contact me if you have any further questions regarding this ordinance. MSK Attachment CC: Robert S. Noe, Jr., City Manager C CITY OF TAMARAC INTEROFFICE MEMORANDUM (98-06-022M) COMMUNITY DEVELOPMENT TO: City Manager FROM: Director of Community Development Recommendation: DATE: 16 JUNE 19" 17 P 3 3 9 . RE: Prohibition cif Blaiing in3k,� Tamarac Commofc&Park6L The Director of Community Development has reviewed the economic impact of a ban on the use of explosives for land development in the Tamarac Commerce Park (Land Section 7), and finds no significant adverse impact to the City's Economic Development Program. Issue: Commissioner Karen Roberts made a motion at the June 10, 1998 City Commission meeting to reconsider an earlier vote by the City Commission to prohibit blasting in Land Section 7 (The Tamarac Commerce Park). This issue will be considered by the Mayor and City Commission at the June 24, 1998 City Commission Meeting. The Director of Community Development has been asked by the City Manager to review the impact on the City's Economic Development Program. Background: The City of Tamarac has aggressively pursued economic development in the Tamarac Commerce Park. The City has provided various economic development incentives to encourage businesses and industries to locate there. The City has been successful in recruiting five (5) major industries to locate in Phase I of the Park which consists of thirty-three (33) acres. The recent land clearing and land excavation activities on the Westpoint Project (198 acres), and the recent approval of the Sawgrass Crossings Project (59 acres) are also positive signs that the majority of the rest of the Park will be successfully developed. A contributing factor to the successful development of these large projects has been the opportunity to utilize explosives to blast the limestone layer below the surface to create lakes on site. These lakes have allowed for the retention of stormwater, and have provided the opportunity to excavate for fill dirt to raise the elevation of the sites up to meet the flood requirements. The remaining parcels in the Tamarac Commerce Park are much smaller as indicated in the attachment to this report (please see Attachment A). These parcels will not require the extensive land excavation activity which has characterized the development of the larger projects. The developers of the smaller parcels can import fill dirt from other locations outside of the City of Tamarac to raise their sites to meet the flood requirements. Shallow ponds can be created on these smaller parcels with conventional equipment to retain stormwater. Excess stormwater runoff can be accommodated in the City's drainage system once it is completed. These conventional construction techniques can be utilized more cost effectively for small parcels than for the development of large Projects. Therefore, for these reasons, it is not necessary to continue to utilize explosives to create lakes in the Tamarac Commerce Park. Jeffirey L. Miller c: City Attorney JLM/ep ATTACHMENT A PROPERTIES IN THE TAMARAC COMMERCE PARK LAND SECTION 7 WITHOUT DEVELOPMENT APPROVAL PROPERTY OWNER ADDITIONAL DESCRIPTION AREA ACRES Archdiocese of Miami 7.870 Ash, Simon & Ruth Ash Plat (expired) 7.138 Broward County Expressway Authority East of Sawgrass ROW 13.628 Caplan, Joseph 1.2 Correia, Jack & Idilia 8.080 Francis Realty Corp Archdiocese of Miami 5.000 Roberts and White Tamarac land Trust Plat 10.909 Lee, R.E. & Joanne Tee Plat 6.726 Lwin, Jinda 4.090 Maurer, Yolanda J & J Plat 9.460 Sani-PIP Corporation 24.250 Weiz, A & Louise 3.240 City of Tamarac 3.490 Broward County Expressway Authority East of Sawgrass Row 9.841 J LL W V) D CITY OF TAMARAC, FLORIDA LEGAL NOTICE The following Ordinance has passed on first reading, July 8, 1998, by the City Commission of the City of Tamarac, Florida. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC CODE ENTITLED "FIRE PREVENTION AND, PROTECTION", ARTICLE 1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1824 The second reading and Public Hearing of this Ordinance will be held during the Regular City Commission meeting on Wednesday, July 22, 1998, at or after 9:30 a.m., and will be considered by the City Commission in the order as it appears on the agenda. The Regular Meeting of the City Commission will be held at City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the Office of the City Clerk between the hours.of 8:00 AM. and 5:00 P.M. Monday - Friday. Interested parties may appear and be. heard with respect, to this proposed Ordinance in accordance with Florida Statutes 166.041. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such a meeting or hearing, s/he 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 and evidence upon which the appeal is to be based. Carol Gold, CMQAAE City Cleric O � U. 'G7 y C S q w r� a S � � S �a•604 p O m a O � O ;? W %lid U Is .-. W Q PROPOSED CITY COMMISSION AGENDA ITEM City Commission Meeting of: June 24, 1998 Cut Off Date: June 10 1998 ORDINANCE Temporary Ordinance Number: 1824 Item Title: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of the Tamarac Code entitled "Fire Prevention and Protection", Article 1, In General by adding Section 7-1 entitled "Blasting Prohibited", providing for the ban on explosives within the City of Tamarac. The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Commission agenda. Department 1.) Communitv Development 2.) Fire 3.) BSO 4.) Public Works/Engineering 5.) Buildinci Official 6.) Utiliti 7.) Assistant to the City Manager 8.) City Attorney 9.) City Manager 10.) City Clerk 11.) Initiating Department Director's Signature: _ Initials for Approval Initials for Disapproval Date T44L/� 6 r4 q� L Date: &� /l I J Document4 Farm Revised 6/13/97 PROPOSED AGENDA ITEM Temp. Ord. #: 1824 STAFF APPROVAL RECOMMENDED ® YES ❑ NO The proposed Agenda item is being submitted for Staffs approval and recommendation for City Commission action on June 24 1998. Original documentation is attached herewith for distribution and inclusion on the City Commission Agenda. PROPOSED AGENDA ITEM An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of the Tamarac Code entitled "Fire Prevention and Protection", Article 1, in general by adding Section 7-1 entitled 'Blasting Prohibited", providing for the ban on explosives within the City of Tamarac. PURPOSE To approve Temp. Ordinance 1824. STAFF RECOMMENDATION ADVISORY BOARD RECOMMENDATION FUNDING DATA INSURANCE SUBMITTED BY: Date: APPROVED BY: � � � " Date: Document4 Form Revised 6/13197 Temp. Ord. # 1824 Rev. # 1, June 19, 1998 CITY OF TAMARAC, FLORIDA ORDINANCE NO.0-98- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE 1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, property owners and residents of the City of Tamarac have expressed that their real and personal property has been damaged as a result of blasting activities permitted in conjunction with excavation activities; and WHEREAS, excavation activities by blasting can cause damage to properties which are difficult for property owners to prove and place a heavy burden on property owners and residents to pursue claims against the parties conducting the blasting activities; and WHEREAS, blasting operations have become a nuisance in the City producing annoyance, inconvenience, and discomfort to the residents of the City; and WHEREAS, a prohibition of blasting in the City of Tamarac will serve to eliminate the potential adverse impact to the surrounding residents' properties; and WHEREAS, there are alternative methods to blasting which alleviate the difficulty of mining, quarrying and excavation operations caused by the hardness of rock in the City of Tamarac; and CODING: Words in stfuek tiff eu type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1824 Rev. # 1, .Tune 19, 1998 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac to prohibit blasting within the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The Tamarac City Code is hereby amended by adding the following: BLASTING PROHIBITED Sec. 7-1. Explosives Lblasting prohibited. It shall be unlawful for aLly user, through himself or a blaster, to blast fire detonate or use My explosive within the territorial limits of the city. This section shall not act to regulate the use of fireworks as set forth in Cha ter 15 of this Code. SECTION 3: Any person or developer who does not have a pending application or a valid permit issued by any governmental entity to conduct blasting activities within the City of Tamarac as of the passage of this Ordinance will be prohibited from conducting blasting operations within the City of Tamarac. SECTION 4: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in stpa k thFoug type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1824 Rev. # 1, June 19, 1998 SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION b: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this S day of July ,19 9(7. PASSED, SECOND READING this day of ,19 JOE SCHREIBER MAYOR ATTEST: CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have approved this Ordinance as to form. MITCHELL S. KRAFT CITY ATTORNEY CODING: Words in StMek thF9UgI4 type are deletions from existing law; Words in underscored type are additions. CITY OF TAMARAC INTEROFFICE MEMORANDUM (98-214) CITY ATTORNEY TO: Mayor Schreiber Vice Mayor Mishkin Commissioner McKaye Commissioner Roberts Commissioner Sultanof FROM: Mitchell S. Kraft, City Attorne(,I— DATE: June 19, 1998 RE: Blasting Ordinance Our File: A97-129 At the December 10, 1997 City Commission meeting, Temporary Ordinance 1814, an ordinance banning blasting, was voted down by a vote of three -to -two. At the June 10, 1998 City Commission meeting on Commissioner Roberts' Motion the Commission voted to place the ordinance banning blasting back on the agenda for the June 24, 1998 City Commission meeting. In response to the Commission's request, I have prepared the attached Temporary Ordinance No. 1824 (Temp. Ord. 1824), an ordinance banning blasting within the City of Tamarac, for review at the June 24, 1998 City Commission meeting. This is essentially the same ordinance considered by the City Commission at the December 10, 1997 meeting. If after two readings this ordinance is passed, the use of any type of explosives within the City will be unlawful as of the effective date of the ordinance. The ordinance will exclude all blasting activities within city limits but does not regulate or prohibit the use of fireworks. Although the City had repealed the Tamarac Code sections regulating blasting in order to allow Broward County to enforce the Broward County Code provisions governing blasting by the passage of Ordinance No. 0-95-1, Temp. Ord. 1824 provides for the repeal of all ordinances in conflict with it. By passing Temp. Ord. 1824 the City would resume control of blasting activities within the City. The Broward County Code provisions that pertain to blasting apply "in all areas of Broward County, inclusive of the various municipalities, unless the provisions of this article are in conflict with a separate and distinct ordinance of a municipality in which case this article shall not be effective within the municipality to the extent of such conflict, regardless of whether such municipal ordinance was adopted or enacted before or after the county ordinance." (Broward County Code §12-14(b), emphasis added.) Here, upon passage, the Tamarac ordinance will take priority over the Broward County ordinance. Section 3 of Temp. Ord. 1824 provides that a person or developer must have a permit pending or issued by a government entity in order to blast within the City. A person or developer without a pending application or issued permit as of the passage of Temp. Ord. 1824 will be prohibited from blasting within the City. Because the City does not currently have an ordinance restricting blasting, a party that obtains a valid permit from Broward County prior to the passage of Temp. Ord. 1824 and meets all of the County's requirements would be permitted to continue with blasting as planned. The Supreme Court of Florida has established that a permit issued by the proper party "can have no other purpose than to authorize action by the permittee in reliance on its terms." Sakolsky v. City of Coral Gables, 151 So.2d 433 at 436 (Fla. 1963). Additionally, a permit issued by the County prior to the enactment of Temp. Ord. 1824 could not be rescinded where "a property owner in good faith, upon some act or omission of the government, has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired." Holl ood Beach Hotel Co. v. City of Hollywood, 329 So.2d 10 (Fla. 1976), citing Sakolsky. Our ordinance is also consistent with state law, which provides that incorporated cities have specific authority to regulate the use of explosives within the corporate limits through ordinances, rules and regulations (F.S. §552.25). Please do not hesitate to contact me if you have any further questions regarding this ordinance. MSK Attachment CC: Robert S. Noe, Jr., City Manager CITY OF TAMARAC INTEROFFICE MEMORANDUM (98-06-022M) COMMUNITY DEVELOPMENT TO: City Manager DATE: 16 JUNE 1998 , 17 39 FROM: Director of Community Development Recommendation: RE: Prohibition of Blasting in t4q, Tamarac Commerce, Park',,LIt The Director of Community Development has reviewed the economic impact of a ban on the use of explosives for land development in the Tamarac Commerce Park (Land Section 7), and finds no significant adverse impact to the City's Economic Development Program. Issue: Commissioner Karen Roberts made a motion at the June 10, 1998 City Commission meeting to reconsider an earlier vote by the City Commission to prohibit blasting in Land Section 7 (The Tamarac Commerce Park). This issue will be considered by the Mayor and City Commission at the June 24, 1998 City Commission Meeting. The Director of Community Development has been asked by the City Manager to review the impact on the City's Economic Development Program. Background: The City of Tamarac has aggressively pursued economic development in the Tamarac Commerce Park. The City has provided various economic development incentives to encourage businesses and industries to locate there. The City has been successful in recruiting five (5) major industries to locate in Phase I of the Park which consists of thirty-three (33) acres. The recent land clearing and land excavation activities on the Westpoint Project (198 acres), and the recent approval of the Sawgrass Crossings Project (59 acres) are also positive signs that the majority of the rest of the Park will be successfully developed. A contributing factor to the successful development of these large projects has been the opportunity to utilize explosives to blast the limestone layer below the surface to create lakes on site. These lakes have allowed for the retention of stormwater, and have provided the opportunity to excavate for fill dirt to raise the elevation of the sites up to meet the flood requirements. The remaining parcels in the Tamarac Commerce Park are much smaller as indicated in the attachment to this report (please see Attachment A). These parcels will not require the extensive land excavation activity which has characterized the development of the larger projects. The developers of the smaller parcels can import fill dirt from other locations outside of the City of Tamarac to raise their sites to meet the flood requirements. Shallow ponds can be created on these smaller parcels with conventional equipment to retain stormwater. Excess stormwater runoff can be accommodated in the City's drainage system once it is completed. These conventional construction techniques can be utilized more cost effectively for small parcels than for the development of large Projects. Therefore, for these reasons, it is not necessary to continue to utilize explosives to create lakes in the Tamarac Commerce Park. JArey L. Miller c: City Attorney JLM/ep ATTACHMENT A PROPERTIES IN THE TAMARAC COMMERCE PARK LAND SECTION 7 WITHOUT DEVELOPMENT APPROVAL PROPERTY OWNER ADDITIONAL DESCRIPTION AREA ACRES Archdiocese of Miami 7.870 Ash, Simon & Ruth Ash Plat (expired) 7.138 Broward County Expressway Authority East of Sawgrass ROW 13.628 Caplan, Joseph 1.2 Correia, Jack & Idilia 8.080 Francis Realty Corp Archdiocese of Miami 5.000 Roberts and White Tamarac land Trust Plat 10.909 Lee, R.E. & Joanne Tee Plat 6.726 Lwin, Jinda 4.090 Maurer, Yolanda J & J Plat 9.460 Sani-PIP Corporation 24.250 Weiz, A & Louise 3.240 City of Tamarac 3.490 Broward County Expressway Authority East of Sawgrass Row 9.841 CITY OF TAMARAC, FLORIDA LEGAL, NOTICE f0 O L • a The following Ordinance has passed on first reading, July 8, 1998, by the City Commission of the City of Tamarac, Florida. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE 1, IN. GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1824 The second reading and Public Hearing of this Ordinance will be held during the Regular City Commission meeting on Wednesday, July 22, 1998, at or after 9:30 a.m., and will be considered by the City Commission in the order as it appears on the agenda. The Regular Meeting of the City Commission will be held at City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the Office of the City Cleric between the hours of 8:00 AM. and 5:00 P.M. Monday - Friday. Interested parties may appear and be heard with respect to this proposed Ordinance in accordance with Florida Statutes 166.041. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such a meeting or hearing, s/he 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 and evidence upon which the appeal is to be based. Carol Gold, CMC/AAE City Clerk e " �; o S* T �a : a a a u aro W rr UI r K7 ° A .O u IL v � tw vv c Q Mo Wa�•sq� o a '•�� � a d� a b