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HomeMy WebLinkAboutO-2006-004 Aqua Isles ORDINANCE NO. 2006-004 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC., FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM T-1 (TRAILER PARK) TO PRD-1 (PLANNED UNIT RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Carr Residential, LLC., for property located at 3901 Griffin Road (known as the Aqua Isles Project) within the City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A", a copy of which is attached to this Ordinance are re-zoned from T-I (Trailer Park) to PRD-1 (Planned Unit Residential). Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on February 14, 2006. PASSED and ADOPTED on second reading March 28, 2006. 4" A� PATRICIA FLURY MAYOR—COMMISSIONER AT EST: ROLL CALL: COMMISSIONER BERTINO - YES -OUP COMMISSIONER CASTRO —YES LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR ANTON - YES MAYOR FLURY - YES • APPROVED AS TO FO AND CORRECTNESS: BY: THOMAS J/AN�BltO CITY ATTORNEY 2 ORDINANCE#2006-004 EXHIBIT "A" AQUA ISLES LEGAL DESCRIPTION The 'South 11 Acres of that part of the West 20 acres of the Southwest 1/4 of Section 30, Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully described as that portion bounded by a line starting at the Southwest corner of said Section 30; thence easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence North making an included angle of 85 DEG 45 MIN 10 SEC a distance of 925.68 feet more or less to a point on the West boundary of said Section 30, 886.69 feet North of the Southwest corner of said Section 30; thence Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the oint of beginning; said lands situate, lying and being in Broward County, Florida, a/k/a Real Estate and improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile Home Park." Being the same land described as: Beginning at the Southwest corner of Section 30, thence East along the south boundary 530.14 feet, North 925.96 feet, West 528.68 (feet) more or less to a point on the West boundary of Section 30, 886.69 (feet) North of the Southwest Corner; thence South along said West boundary 886.69 (feet) to the Point of Beginning, less (the) South 53 feet for county road, Section 30, • Township 50 South, Range 42 East, lying and being in Broward County Florida, as set forth in that certain Trustee's Deed dated June 20, 1991, recorded September 12, 1991 in Official Records Book 18740, at Page 421, of the Public Records of Broward County, Florida. Also known as: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01 DEG 46 MIN 18 SEC West on the West line of the Southwest one-quareter (SW 1/4) of said Section 30, a distance of 886.69 feet; Thence North 88 DEG 13 MIN 56 SEC East, a distance of 528.68 feet; Thence South 01 DEG 46 MIN 18 SEC East, a distance of 925.96 feet to a point on the South line of the Southwest one-quarter (SW 1/4) of said Section 30; THENCE North 87 DEG 31 MIN 11 SEC West, on the South line of the Southwest one-quarter (SW 1/4 ) of said Section 30, a distance of 530.14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book 19740, Page 421 of the Public Records of Broward County Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,005 square feet (10.35 acres), more or less. 3 ORDINANCE#2006-004 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA I OR ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 28, 2006 2. DESCRIPTION OF AGENDA ITEM: REZONING REQUEST—RZ-18-05 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE—2"d Reading 23 4. SUMMARY EXPLANATION & BACKGROUND: The applicant and owner, Aqua Isle by Carr Residential, LLC., is requesting a rezone approval for property located at 3901 Griffin Road. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff Report Application Public Hearing Notice/ Mailing List Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: March 20, 2006 Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: March 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C• G-Ak- Corinne Church, AICP, Principal Planner 6k SUBJECT: RZ-18-05: The applicant and owner, Aqua We by Carr Residential, LLC., is requesting a zoning change and assignment of units to allow the construction of 127 townhouses located at 3901 Griffin Road (SECOND READING). REZONING From Trailer Park (T-1) to Planned Residential Development (PRD-1). ASSIGNMENT OF UNITS Assignment of. 17 Reserve units. PROPERTY INFORMATION ZONING: T-1 (Trailer Park) LAND USE DESIGNATION: Low Medium (10) Residential On July 26, 2005 the City Commission approved, on first reading, the perimeter plat for this property. The subject property is currently the site of the Aqua Isles mobile home park. The applicant is proposing the construction of 127 townhouse units. REZONING The applicant is requesting to change the zoning on the property from T-1 to PRD-1 to allow townhouse to be constructed on the site. PRD-1 zoning is a new district prepared specifically for infill townhouse development. E ASSIGNMENT OF UNITS The applicant is requesting the assignment of 17 Reserve units. The Future Land Use designation on the property is Low Medium (10 units per acre) Residential and allows a total of 110 units on this site. The additional units will provide an overall density of 11.55 units per acre. This is less density than Cocoplum or Harbor Isles. There will be 81 reserve units remaining in the Flex Zone, which includes those areas east of Ravenswood Road and south of the Cut-Off Canal. STATUS OF SITE PLAN The site plan was continued at P and Z to allow applicant to relocate the entrance driveway opposite SW 40th Avenue. Staff is waiting for the resubmission. The applicant has been advised that the site plan, including driveway location, will not be approved until all City Commission requirements have been met. CITY COMMISSION PRENI®US ACTION . On February 14, 2006 the City Commission approved the rezoning request on first reading. City of Dania Beach, Florida Department of Community Development . Planning and Zoning Division (954)924-3645 Development Application Assignment of Flex/Reserve Units 13 Delegation Request APR 2 8 2005 ® Land Use Change ® Outdoor Seating 2 Plat M Rezoning Date Rec'd: ® Site Plan ® Special Exception Petition No.: 0-C ® Special Request Rz_ ��—D ,'- ® Trafficway Waiver ® Variance (�L4 ® Vacation Request ® Other This application must be completed in full and submitted along with all necessary documents for it to be processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA UNTIL IT IS COMPLETE. Refer to the"Application Type"and "Required Documentation"checklist to determine the supplemental documents required with each application. STAFF WILL PROVIDE THE APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in Individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the State of Florida, and other appropriate design professionals. The applicant of record or their authorized legal agent shall present projects to the pertinent board. • For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. Location Address: 3901 Griffin Road,Dania Beach,FL 33004 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: N/A Folio Number(s): 0230-00-0280 Legal Description.• See attached Exhibit A Low Medium Present Zoning: T—I Present Land Use: Residential Explanation of Request: Rezoning-Apply Flex Units Prop. Net Acreage: 10.363 Gross Acreage: 11.266 Prop. Square Footage: N/A Value of Improvement: $32,000,000 Est'd Date of Completion: 2007 Will Project be Phased: No If yes, Est'd Completion of each Phase: Existing Use: Low Medium Residential Proposed Use: RM-2- 128 Townhouses • Name of pelican nsultant/Representative(circle one): Aqua Isles by Carr Residential LLC Address of Applicant: 1560 S. Dixie Hwy,Suite 209 Coral Gables,FL 33146 • Business Telephone:(305)666-4900 Home: Fax: (305)666-8886 Name of Property Owner: Aqua Isles,LLC Address of Property Owner:10097 Cleary Boulevard,Plantation,FL 33323 Business Telephone: Home: Fax: List any additional action(i.e. special exception,variance, rezoning,etc.)that may be needed to support the proposed project: Provision of Flex or Reserve Units List all previous action that has occurred on this property: None MOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. Sworn to nd subscribed Infore me Applican nsultan epresentative: This _day of 20_5 Signatur Date: VIA gq Name, otary Public (Print NaaLel f 'te of(' arc,-ori ) • iC ►A >. e.W�.�J l �Ccb S,�tXltr w y� z. Print Name of No Street Address,City, State and Zip Loam co 0. SeCMVrWMQ0MAX&= Telephone No. &Fax No. WHEN PETITIONER IS NOT THE OWNER OF THE SUBIECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: This is to certify that I am the owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Sign Name of Notary Public (Pnnt Name) State of( ) c J tom >• C- �r i�lr� 54�� ��oZ Print Name of Notary Street Address, City, State'and Zip Code Commission Expires: Seal: Telephone No.& Fax No. APR 2 8 2CC5 i 3 i Exhibit A Legal Description The South 11 acres of that part of the West 20 acres of the Southwest 1/4 of Section 30, Township 50 South, Range 42 East, lying South of the Dania Cut-Off Canal; more fully described as that portion bounded by a line starting at the,Southwest corner of said . Section 30; thence easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence North making an included angle of 85-45'10" a distance of 925.68 feet more or less to a point on the West boundary of said Section'30, 886.69 feet north of the Southwest corner of said Section 30; thence Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the point of beginning; said lands situate, lying and being in Broward County, Florida, a/k/a Real estate and improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile Home Park." Being the same land described as: Beginning at the Southwest corner of Section 30, thence East along the south boundary 530.14 feet, North 925.96 feet, West 528.68 (feet)more or less to a point on the West boundary of Section 30, 886.69 (feet) North of the Southwest corner; thence South along said West boundary 886.69 (feet)to the Point of Beginning, less (the) South 53 feet for county road, Section 30, Township 50 South, Range 42 East, lying and being in • Broward County Florida, as set forth in that certain Trustee's Deed dated June 20, 1991, recorded September 12, 1991 in Official Records Book 18740, at Page 421, of the Public Records of Broward County, Florida. APR 2 8 17jC5 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH RZ-18-05 / LUF-19-05 • NOTICE IS HEREBY GIVEN that a public hearingwill be held before the City Commission on Y , Tuesday, March 28, 2006, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Request by applicant and owner, Aqua Isles by Carr Residential, LLC., 3901 Griffin Road, Dania Beach, Florida, for the following: RZ-18-05 — Request to rezone property from Trailer Park (T-1) to Planned Residential Development (PRD-1) with the assignment of up to 17 Reserve units (LUF-19-05). AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC., FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, FLORIDA, AND-LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM T-1 (TRAILER PARK) TO PRD-1 (PLANNED UNIT RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. The above requests are associated with a site plan (SP-36-05) request to allow the construction • of 127 townhomes generally located�at 3901 Griffin Road in Dania Beach. :Legally Described as: The South 11 Acres of that part of the West 20 acres of the Southwest Y4 of . Section 30, Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully described as that portion bounded by a line starting at the Southwest corner of said Section 30; thence easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence North making an included angle of 85 DEG 45 MIN 10 SEC a distance of 925.68 feet more or less to a point on the West boundary of said Section 30, 886.69 feet North of the Southwest corner of said Section 30; thence Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the point of beginning; said lands situate, lying and being in Broward County, Florida, a/k/a Real Estate and improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile Home Park." Being the same land described as: Beginning at the Southwest corner of Section 30, thence East along the south boundary 530.14 feet, North 925.96 feet, West 528.68 (feet) more or less to a point on the West boundary of Section 30, 886.69 (feet) North of the Southwest Corner; thence South along said West boundary 886.69 (feet) to the Point of Beginning, less (the) South 53 feet for county road, Section 30, Township 50 South, Range 42 East, lying and being in Broward County Florida, as set forth in that certain Trustee's Deed dated June 20, 1991, recorded September 12, 1991 in Official Records Book 18740, at Page 421, of the Public Records of Broward County, Florida. Also known as: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01 DEG 46 MIN 18 SEC West on the West line of the Southwest one-quarter (SW %) of said Section 30, a distance of 886.69 feet; Thence North 88 DEG 13 MIN 56 SEC East, a distance of 528.68 feet; Thence South 01 DEG 46 MIN 18 SEC East, a distance of 925.96 feet to a point on the South line of the Southwest one-quarter (SW '/4) of said Section 30; THENCE North 87 DEG 31 MIN 11 SEC West, on the South line of the Southwest one-quarter (SW . 1/4 ) of said Section 30, a distance of 530.14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book 18740, Page 421 of the Public Records of Broward County Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,005 square feet (10.35 acres), more or less. i Copies of the proposed sign variance are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may • appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the 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 record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Published: March 17, 2006 Location Map ana cw..� - . 2 1 � I Site R S-5 ®5 -� j, UJ -� Cn N fit- �� O i //� O fn T I ��C,z ®� U � ' (D T I((S] N r 'IN N N.CD.N N N N W No N BCD N T = JA d Q N Z N V T O I O'T T T O T O r T T T r N r W T O OrCOMOCf) Cf) C) Cf) 0CMCOCr) InOCMLnM (CM'O) o O JMC C CO N9CCOCCOOmmCCncoV)) CCOO'COCCOmCCOccoo CO CO CmmNCCOOM ,`i'e p k\�� a NW N o Q JJ JJJ J JJJJJ J JJ '731INn 0C» LL LL LL LL LL LL LL LL LL LL LL LL LL LL ww www w wwwww w ww . 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