HomeMy WebLinkAboutR-2021-009 Extending Zoning in Progress Enacted Under R-2020-094 AND R-2020-145 (to Create Article 826 Oak Hammock Tree Canopy Overlay District)RESOLUTION NO. 2021-009
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PURSUANT TO SECTION 670-10(3), OF CHAPTER
28, OF THE CITY'S CODE, EXTENDING ZONING IN PROGRESS
(ENACTED UNDER RESOLUTIONS NO. 2020-094 AND 2020-145)
THROUGH APRIL 30, 2021; EXTENDING THE DECLARATION THAT
THE CITY IS CONSIDERING AN AMENDMENT TO ITS LAND
DEVELOPMENT REGULATIONS TO CREATE A ZONING OVERLAY
DISTRICT, TO CREATE ARTICLE 826 TO BE ENTITLED "OAK
HAMMOCK TREE PROTECTION OVERLAY" UNDER THE CITY'S
LAND DEVELOPMENT CODE (LDC) OF THE CITY OF DANIA BEACH
CODE, AND APPROVING THE APPLICATION REQUEST (TX-065-20),
MADE BY THE CITY OF DANIA BEACH TO CREATE A ZONING
OVERLAY FOR THE GENERAL VICINITY OF THE RESIDENTIAL LOTS
ON SW 36 TERRACE, SW 37 AVENUE AND SW 37 TERRACE,
STRETCHING FROM STIRLING ROAD NORTH FOR APPROXIMATELY
1,280 LINEAR FEET, TO THE END OF THE STREETS, AND INCLUDES
APPROXIMATELY 40 GROSS ACRES AND 74 PARCELS, IN THE CITY
OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY
DESCRIBED IN AMENDED EXHIBIT "A," A COPY OF WHICH IS
ATTACHED TO THIS RESOLUTION; PROVIDING FOR AN
OAK HAMMOCK TREE CANOPY OVERLAY FOR
THE AREA IDENTIFIED IN ORDER TO PROTECT
THE HISTORIC HERITAGE TREE CANOPY OF THIS
OAK HAMMOCK, SUBJECT TO CERTAIN STANDARDS AND
RESTRICTIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida (the "City")
desires to review its existing Land Development Regulations (the "LDC") to determine if there is
a need to amend the LDC to create an Oak Hammock Tree Canopy Overlay for the area
identified as general vicinity of the residential lots on SW 36 Terrace, SW 37 Avenue and SW 37
Terrace, stretching from Stirling Road north for approximately 1,280 linear feet, to the end of
the streets, and includes approximately 30 Gross acres and 74 parcels, in the City of Dania
Beach, Florida, which property is legally described in Exhibit "A," a copy of which is attached to
this resolution; and
WHEREAS, the City Commission wishes to direct staff to start developing Regulations
for Commission review and adoption as provided in Chapter 28 of the Code of Ordinances of the
City of Dania Beach, Section 670-10 entitled "Review of Permits and Development Orders with
Regard to Zoning in Progress"; and
WHEREAS, the City wishes to place all parties on notice that it is considering amending
its Regulations and that any proposed use of property in the City for the creation of the Oak
Hammock Tree Canopy Overlay District, which draft regulations will be reviewed for
compliance with any changes made to the Regulations as contemplated in this Resolution as of
the effective date of this Resolution; and
WHEREAS, on August 25, 2020, the City adopted Resolution No. 2020-094,
authorizing zoning in progress for a three month period, however, in the interim the City has
modified the map for the overlay area, and the City adopted Resolution No. 2020-145, which
provided additional time to the City through January 31, 2021, in order to provide additional
time to analyze and possibly approve the overlay ordinance; and
WHEREAS, the City Commission needs additional time to review the proposed
ordinance and to come to a decision on the draft ordinance; and
WHEREAS, adoption of this Resolution at this time is in the best interest of the residents
of the City of Dania Beach, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Recitals. The above recitals are true and correct and are incorporated by
this reference.
Section 2. Zoning in Progress. The City adopted Resolutions No. 2020-094, and
2020-145, and declared that City staff review and recommend appropriate amendments to the
City's Regulations regarding the proposed Overlay known as the Oak Hammock Tree Canopy
Overlay District and whether the adoption of any supplemental zoning regulations are needed.
The proposed amendments to the Regulations, if adopted, will amend the City Code of
Ordinances. The zoning in progress is in effect through January 31, 2021, and the City is
authorizing an additional 90 day extension to the zoning -in -progress, through April 30, 2021.
Therefore, requests by individuals, who seek a Certificate of Use, Occupancy, or a permit for
construction for property located in the overlay district, as identified in Amended Exhibit A,
(within the period from August 25, 2020 through April 30, 2021) will be reviewed, for
compliance with the provisions of the proposed amendments to the Regulations. Zoning in
progress shall be in effect through April 30, 2021, unless extended by the City Commission as
2 RESOLUTION #2021-009
permitted in Section 670-10(3) of Chapter 28 of the Code of Ordinances of the City of Dania
Beach.
Section 3. Public Notice. That a copy of this Resolution shall be posted at City Hall
upon its Effective Date.
Section 4. Conflicts. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 5. Effective Date. That this Resolution shall become effective immediately
upon its adoption.
PASSED and ADOPTED on January 12, 2021.
ATTEST:
I
THOMAS SCHNEIDER, CMC
CITY CLERK
TAMARA
MAYOR
HED
APPROVED AS TO FO�M AND CORRECTNESS:
THOMASIJ. Af1S13
CITY ATTORNEY
3 RESOLUTION #2021-009
EXHIBIT A
Folio No. 504231010759 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 S 250 OF E1/2
LESS PT DESC IN OR 8288/127 FOR RD R/W BLK 3; Folio No. 504231010721 - REED
LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 345 OF E1/2 BLK 3; Folio No.
504231010768 - REED LAND CO SUB 31-50-42 2-32 D LOT 16 N 105 OF S 450 OF E1/2
BLK 3; Folio No. 504231010753 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 545 OF
E1/2 OF TR 16 BLK 3; Folio No. 504231010751 - REED LAND CO SUB 2-32 D 31-50-42 N
95 OF S 640 OF El/2 OF TR 16 BLK 3; Folio No. 504231010765 - REED LAND CO SUB 2-
32 D 31-50-42 TR 16 N 100 OF S 740 OF E1/2 BLK 3; Folio No. 504231010766 - REED
LAND CO SUB 31-50-42 2-32 D LOT 16 N 95 OF S 835 OF El/2 BLK 3; Folio No.
504231010766 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 930 OF El/2 BLK
3; Folio No. 504231010758 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S
1030 OF E1/2 BLK 3; Folio No. 504231010722 - REED LAND CO SUB 2-32 D 31-50-42 LOT
16 N 95 OF S 1125 OF E1/2 BLK 3; Folio No. 504231010720 - REED LAND CO SUB 2-32 D
31-50-42 LOT 16 N 95 OF S 1220 OF E1/2 BLK 3; Folio No. 504231010760 - REED LAND
CO SUB 2-32 D 31-50-42 LOT 16 El/2 LESS S 1220 BLK 3; Folio No. 504231010767 -
REED LAND CO SUB 31-50-42 2-32 D LOT 16 W1/2 LESS S 1220 BLK 3; Folio No.
504231010755 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF W1/2
BLK 3; Folio No. 504231010752 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 1125 OF
W 1 /2 OF TR 16 BLK 3; Folio No. 504231010769 - REED LAND CO SUB 2-32 D 31-50-42 TR
16 N 95 OF S 1030 OF W1/2 BLK 3; Folio No. 504231010761 - REED LAND CO SUB 2-32 D
31-50-42 LOT 16 N 100 OF S 935 OF W1/2 BLK 3; Folio No. 504231010764 - REED LAND
CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 835 OF W1/2 BLK 3; Folio No. 504231010762 -
REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 740 OF W1/2 BLK 3; Folio No.
504231010770 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF W1/2 OF TR 16
BLK 3; Folio No. 504231010763 - REED LAND CO SUB 2-32 D 31-50-42 N 100 OF S 545 OF
W1/2 OF TR 16 BLK 3; Folio No. 504231010756 - REED LAND CO SUB 2-32 D 31-50-42
LOT 16 N 95 OF S 445 OF W1/2 BLK 3;Folio No. 504231010741 - REED LAND CO SUB 2-
32 D 31-50-42 LOT 16 N 100 OF S 350 OF W1/2 BLK 3; Folio No. 504231010754 - REED
LAND CO SUB 2-32 D 31-50-42 N 85 OF S 250 OF W1/2 OF LOT 16 BLK 3; Folio No.
504231010757 - REED LAND CO SUB 2-32 D 31-50-42 BEG SW COR OF LOT 16,NLY
53.01, ELY 71.60 TO POB,CONT ELY 96.61, NLY 112,WLY 97.35,SLY 112 TO POB BLK 3;
Folio No. 504231020153 - HARGER HILLS 26-41 B LOT 23 N 112.03 OF S 130.03 OF E 73;
Folio No. 504231020150 — HARGER HILLS 26-41 B LOT 23 N 112 OF S 130 LESS E 73 &
LESS PT LYING SWLY OF CHORD FOR 25 RAD ARC,SAID ARC TANG TO W/L LOT 23
& TANG TO LINE 53 N OF S/L OF SEC 31,TOGETHER WITH E 1/2 OF PT OF VAC'D SW
37 AVE LYING W OF SAID LOT,LESS STIRLING ROAD R/W & LESS 2 FT BIKEWAY;
Folio No. 504231020152 - HARGER HILLS 26-41 B LOT 23 LESS S 130,TOGETHER WITH
E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID PROP; Folio No.
504231020140 - HARGER HILLS 26-41 B LOT 22 LESS N 25,TOGETHER WITH E 1/2 OF
PT OF VAC'D SW 37 AVE LYING W OF SAID PT OF LOT 22; Folio No. 504231020141 -
HARGER HILLS 26-41 B LOT 21,22 N 25 TOGETHER WITH E 1/2 OF PT OF VAC'D SW
37 AVE LYING W OF SAID LOTS; Folio No. 504231020120 - HARGER HILLS 26-41 B
LOT 20 & E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID LOT; Folio
No. 504231020110 - HARGER HILLS 26-41 B LOT 19 TOGETHER WITH E 1/2 OF PT OF
4 RESOLUTION #2021-009
VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 19; Folio No. 504231020100 - HARGER
HILLS 26-41 B LOTS 17 & 18 TOG WITH E1/2 OF PT OF VAC'D SW 37 AVE LYING W
OF & ADJ TO SAID LOTS 17 & 18 PER O.R. 23957/105 BCR ; Folio No. 504231020080 -
HARGER HILLS 26-41 B LOT 16 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF & ADJ TO LOT 16; Folio No. 504231020070 - HARGER HILLS 26-41 B LOT
15 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT
15; Folio No, 504231020060 - HARGER HILLS 26-41 B LOT 14 TOGETHER WITH E 1/2 OF
PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 14; Folio No. 504231020050 -
HARGER HILLS 26-41 B LOT 13 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF & ADJ TO LOT 13; Folio No. 504231020040 - HARGER HILLS 26-41 B LOT
12 & E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID LOT; Folio No.
504231020039 - HARGER HILLS 26-41 B LOT 11 TOGETHER WITH W 1/2 OF PT OF
VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 11; Folio No. 504231020038 - HARGER
HILLS 26-41 B LOT 10 & W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO
LOT 10; Folio No. 504231020037 - HARGER HILLS 26-41 B LOT 9 & W 1/2 OF PT OF VAC
SW 37 AVE LYING E OF & ADJ TO LOT; Folio No. 504231020036 - HARGER HILLS 26-41
B LOT 8 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO
LOT 8; Folio No. 504231020032 - HARGER HILLS 26-41 B LOT 7 TOGETHER WITH W 1/2
OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 7; Folio No. 504231020033 -
HARGER HILLS 26-41 B LOT 6 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF & ADJ TO LOT 6; Folio No. 504231020031 - HARGER HILLS 26-41 B LOT 5
TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 5;
Folio No. 504231020030 - HARGER HILLS 26-41 B LOT 4 TOGETHER WITH W 1/2 OF PT
OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 4; Folio No. 504231020016 -
HARGER HILLS 26-41 B LOT 3 N 90 TOGETHER WITH W1/2 OF PT OF VAC'D SW 37
AVE LYING E OF & ADJ TO SAID LOT; Folio No. 504231020015 - HARGER HILLS 26-41
B LOT 1 N 40,2,3 LESS N 90 TOGETHER WITH W 1/2 OF PT OF VAC SW 37 AVE LYING
E OF SAID LOT; Folio No. 504231020014 - HARGER HILLS 26-41 B LOT 1 S 90 OF N 130
TOGETHER WITH W1/2 OF PT OF VAC'D SW 37 AVE LYING E OF SAID LOT; Folio No.
504231020013 - HARGER HILLS 26-41 B LOT 1 S 88 OF N 218 TOGETHER WITH W 1/2
OF THAT PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT; Folio No.
504231020012 - HARGER HILLS 26-41 B LOT 1 S 88 OF N 306 TOGETHER WITH W 1/2
OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT; Folio No. 504231020010
- HARGER HILLS 26-41 B LOT 1 LESS S 18 & LESS N 306 & LESS EXT AREA FORMED
BY 25 RAD ARC TANG TO E/L OF LOT 1 & TANG TO A LINE 53 N OF & PARA TO S/L
OF SEC 31-50-42 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF &
ADJ TO SAID LOT, LESS THEREFROM STIRLING RD R/W & LESS 2 FT BIKEWAY ;
Folio No. 504231040160 - STIRLING OAKS ESTATES 77-39 B LOT 17; Folio No.
504231040150 - STIRLING OAKS ESTATES 77-39 B LOT 16; Folio No. 504231040140 -
STIRLING OAKS ESTATES 77-39 B LOT 15; Folio No. 504231040130 - STIRLING OAKS
ESTATES 77-39 B LOT 14; Folio No. 504231040120 - STIRLING OAKS ESTATES 77-39 B
LOT 12; Folio No. 504231040110 - STIRLING OAKS ESTATES 77-39 B LOT 11; Folio No.
504231040100 - STIRLING OAKS ESTATES 77-39 B LOT 10; Folio No. 504231040090 -
STIRLING OAKS ESTATES 77-39 B LOT 9; Folio No. 504231040080 - STIRLING OAKS
ESTATES 77-39 B LOT 8; Folio No. 504231040070 - STIRLING OAKS ESTATES 77-39 B
LOT 7; Folio No. 504231040060 - STIRLING OAKS ESTATES 77-39 B LOT 6; Folio No.
5 RESOLUTION #2021-009
504231040050 - STIRLING OAKS ESTATES 77-39 B LOT 5; Folio No. 504231040040 -
STIRLING OAKS ESTATES 77-39 B LOT 4; Folio No. 504231040030 - STIRLING OAKS
ESTATES 77-39 B LOT 3; Folio No. 504231040020 - STIRLING OAKS ESTATES 77-39 B
LOT 2; Folio No. 504231040010 - STIRLING OAKS ESTATES 77-39 B LOT 1; Folio No.
504231040171 - STIRLING OAKS ESTATES 77-39 B PORTION OF PARCEL A DESC AS
COMM NW COR OF SAID PARCEL,SLY 103,ELY 158.52,NLY 102.98,WLY 157 TO POB
AKA: LOT A-1 STIRLING OAKS ESTATES; Folio No. 504231040173 - STIRLING OAKS
ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM AT NW COR PAR A,ELY 157
TO POB, CONT E 106.57,SELY 39.87,SLY 77.40,WLY 129.71,NLY 102.98 TO POB AKA:
LOT A-5 STIRLING OAKS ESTATES; Folio No. 504231040174 - STIRLING OAKS
ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM AT SW COR OF PARCEL A,E
ALG S/L FOR 262.37 TO POB,NELY ARC DIST OF 38.67,N 132.60,W 144.11,SLY 50,ELY
25,SELY 141.03 TO POB AKA: LOT A-4 STIRLING OAKS ESTATES; Folio No.
504231040170 - STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC'D
AS,COMM AT SW COR OF PARCEL A,ELY 25 TO POB,CONT ELY 237.37,NWLY FOR
141.03,WLY 50,SWLY 143.40 TO POB AKA: LOT A-3 STIRLING OAKS ESTATES; and
Folio No. 504231040172 - STIRLING OAKS ESTATES 77-39 B PT OF PARCEL A DESC AS
BEG SW COR PAR A,N 157,E 144.12,S 50, W 25,SW 143.40,W 25 TO POB AKA: LOT A-2;
Folio No.: 5042-3101-0740, Legal Description: REED LAND CO SUB 2-32 D 31-50-42 LOT
13 LESS PT THEREOF LYING WITHIN 53 OF S/L FOR RD.
6 RESOLUTION #2021-009