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HomeMy WebLinkAboutR-2005-002 VA-32-04 - Forest View RESOLUTION NO. 2005-002 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK, ARCHITECTS, INC. ON BEHALF OF DANIEL SAWICKI, REPRESENTATIVE FOR STIRLING,LLC.(FOREST VIEW),FROM CHAPTER 28, "ZONING", ARTICLE 7, "PLANNED UNIT DEVELOPMENTS" AND CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING", FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35TH AVENUE,DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances, Chapter 28,Article 7.40,prescribes the regulations governing planned unit developments; and WHEREAS,the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, sets the landscaping regulations for the City of Dania Beach; and WHEREAS,the firm Synalovski,Gutierrez,Romanik,Architects,Inc.,on behalf of Daniel Sawicki, representative for Stirling LLC, has applied for variances (VA-32-04) to allow the following: 1) Waive the requirement for 15 contiguous acres to establish PUD-B zoning, 6.8 acres are provided. (Chapter 28, Zoning, Article 7, "Planned Unit Developments") 2) Waive PUD private common open space, zero%provided; (15%of net site area). (Chapter 28, "Zoning", Article 7, "Planned Unit Developments") 3) Waive 15 feet clear landscape buffer on south,to provide 3 feet. (Chapter 26, "Vegetation", Article IV, "Landscaping") 4) Waive 10 feet clear landscape buffer on east, to provide 9 feet 8 inches. (Chapter 26, "Vegetation", Article IV, "Landscaping"), for property generally located at the northwest corner of Stirling Road and SW 351"Avenue, Dania Beach; and WHEREAS,the Planning&Zoning Board on November 17, 2004, recommended that the City Commission grant variance request VA-32-04 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-32-04, for a variance as described above from requirements in Chapter 28, "Zoning", Article 7 "Planned Unit Developments", and Chapter 26, "Vegetation",Article IV, "Landscaping"of the City of Dania Beach Code of Ordinances, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1) Applicant to provide a recorded landscape easement(south 15 feet of site),accepted by the City Attorney, prior to issuance of a building permit. 2) Applicant to provide a performance bond, in the amount of$311,000.00, prior to issuance of the tree removal permit, to assure replacement of trees which do not survive preservation or relocation. 3) Applicant to provide $206,160.00 in payment to the Tree Preservation Trust Fund prior to issuance of a tree removal permit. 4) Applicant to provide a recorded copy of the plat to staff prior to issuance of a building permit. 5) Applicant to provide a recorded unity of title to staff prior to issuance of a building permit. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 11, 2005. C.K. MCELYE MAYOR—COMMISSIONER 2 RESOLUTION #2005-002 `FATTEST:. ROLL CALL: COMMISSIONER ANTON - YES y, ! COMMISSIONER CHUNK - YES ,.LOU.ISE>STILSON COMMISSIONER FLURY - YES ,CITY CLERK VICE-MAYOR MIKES -NO MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS BY: , QA TH M SJ. A B O CITY ATTORNEY • 3 RESOLUTION#2005-002 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JANUARY 11, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-32-04 (FOREST VIEW ESTATES) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION® 4. SUMMARY EXPLANATION & BACKGROUND: Variance request by Synalovski Gutierrez Romanik Architects, Inc., on behalf of Daniel Sawicki, representative for Stirling LLC., for approval for property generally located at the northwest corner of Stirling Road and SW 35th Avenue in the City of Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Comment Sheets 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: December 29, 2004 Community Development Department City Manager Date • CITY OF DANIA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: January 11, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �. G Corinne Church, AICP, Principal Planner7�7jZ SUBJECT: RZ-23-04/VA-32-04/SP-27-04: Request by Synalovski Gutierrez Rornanik Architects, Inc., on behalf of the property owners, for rezoning, variances and site plan approval for a property located at the north west corner of Stirling Road and S.W. 35 Avenue. REZONING: From Residential Multi-family (RM-5) and Estate (E-1) to Planned Unit • Development (PUD-B). VARIANCES: 1. Waive the minimum 15 acre minimum parcel size for PUD-B zoning (6.8 acres are provided). 2. Waive 15 percent of PUD common private open space. (No private common open space provided). 3. Waive 15 feet clear landscape buffer on south (Stirling Road) (3 feet provided). 4. Waive 10 feet clear landscape buffer on east. (9 feet 8 inches provided). SITE PLAN: The construction of 31 single family houses. The site plan shows 31 single family homes on 6.8 acres at the northwest corner of Striling Road and SW 35 Avenue. On September 14, 2004 the City Commission approved the perimeter plat for this property. Pursuant to the City Code, the applicant dedicated a 12,389 square foot area for public park-purposes at the • northeast corner of the site. REZONING: • The Future Land Use Plan designation for the subject property is Low (5) Residential, which allows 5 units per acre or a total of 39 units. The current zoning map designation allows 18 units. The applicant has requested that the property be rezoned to Planned Unit Development ("PUD-B'). PUD-B zoning allows a greater flexibility in terms of lot size and setbacks, while restricting density and design to that proposed in the PUD-B Master Plan. The applicant proposes a total of 31 units, 4 units less than permitted by the Land Use Plan. Rezoning the property to a traditional single family zoning district would require the applicant to provide 60 foot wide right-of-ways for public streets (PUD allows private roadways). The applicant is also requesting two variances from the PUD-B zoning regulations. The first is to waive the 15 acres minimum PUD-B property size. The second is to waive the 15% common open space required in PUD-B developments. The Broward County School Board reviewed the project and stated "the applicant should be directed to meet with School Board staff to discuss the appropriate mitigation for the impact of the additional students anticipated from the proposed .Forest View development." These comments have been provided to the applicant. !VARIANCES: 1. Waive the minimum 15 contiguous acres to establish PUD-B zoning; 6.8 acres are provided. The applicant is in the process of assembling two pieces of land, totaling 6.8 acres, to create the largest developable piece of land possible at this location. The properties surrounding the site including a trailer park (to the north and east) a synagogue (to the west), and single family (to the south across Stirling Road). While located in Dania Beach, this property is surrounded on all sides by the City of Hollywood. Due to site restraints and the inability to obtain additional land to meet the 15 acres requirement, staff supports this variance request. 2. Waive 15 percent of PUD private common open space; no common open space is provided. The code provides a greater flexibility regarding setbacks and lot area in PUD-B zoning districts to allow clustering of houses. In return, PUD-B zoning requires private common open space (for the exclusive use of the project residents) equal to 15% of the total site area. In this case, 1.02 acres is required. The private open space is in addition to the 0.28 acres of Public Park provided in the northeast corner of the site. To meet the private open space requirement, the total building lots will need to be reduced from 31 to 25. This will require a revised site plan. The applicant is providing no common open space. From a policy standpoint, staff is recommending denial of this variance request. 3. Waive 15 feet clear landscape buffer on south; to provide 3 feet. The applicant is providing a perimeter wall 3 feet from the south property line. The location of the wall was chosen in order to preserve the maximum number of existing trees as possible. The remaining 12 feet of the landscape buffer is provided on the north side of the perimeter wall. Staff is requesting a recorded landscape easement in order to document the prohibition of construction within the designated area. This document should be reviewed by the City Attorney and recorded in Broward County public records prior to the issuance of a building permit. A similar wall is provided on the south side of Stirling Road in the City of Hollywood, with a similar setback provided. Staff supports the applicants request subject to provision of a recorded landscape easement as indicated above. 4. Waive 10 feet clear landscape buffer on east; to provide 9 feet 8 inches. The applicant is proposing to provide a landscape buffer 9 feet 8 inches wide adjacent to the east property line, the code requires 10 feet. Existing site constraints, such as a sidewalk and trees, which are being preserved, limit the area available for landscaping. Because this variance is the minimum reasonable necessary and is needed to preserve several existing trees, staff is in support of this request. SITE PLAN: The project is providing the minimum required 40% pervious area. The applicant is providing 7 guest parking spaces, plus 2 parking spaces in each driveway and a 2 car garage for each home. This will be a gated community with private roads. The applicant proposes preserving or transplanting approximately 61% of the living trees and removing or mitigating the remaining 39%. This includes: • 1) Preserving. or relocating on-site 243 trees. The city code requires the applicant post a performance bond prior to the issuance of a tree removal permit to assure tree preservation and replacement survives construction. The City Landscape Consultant(applying City Code criteria) has determined the value of the preserved/relocated trees is$311,000.00, 2) Removing 78 trees that have been determined to be dead, dying, or diseased. 3) Removing 77 trees and mitigating the loss through payment to the landscape trust fund. The City Landscape Consultant evaluated these trees in terms of health, location and ability to be relocated. The survivability of some trees, even if healthy, is limited due to age, size of the tree, and the large number of trees concentrated on the site. The City Landscape Consultant(applying City Code criteria) has determined the value of the 77 trees at$206,160.00. The City Landscape Consultant has approved the applicant's tree preservation/mitigation plan. PLANNING; AND ZONING BOARD RECOMMENDATION Rezoning to PUD B: Approval, subject to the following: 1. Applicant to provide a recorded landscape easement (south 15 feet of site), • accepted by the City Attorney, prior to issuance of a building permit. 2. Applicant to provide a performance bond, in the amount of $311,000.00, prior to issuance of the tree removal permit, to assure replacement of trees which do not survive preservation or relocation. 3. Applicant to provide $206,160.00 in payment to the Tree Preservation Trust Fund prior to issuance of a tree removal permit. 4. Applicant to provide a recorded copy of the plat to staff prior to issuance of a building permit. 5. Applicant to provide a recorded unity of title to staff prior to issuance of a building permit. Variances and Site Plan: Approval of all variances and site plan, subject to Conditions 1 — 5 above. STAFF RECOMMENDATION: Staff concurs with all Planning and Zoning Advisory Board Recommendations except waiving the 15% common private open space requirement. 1 ( GQrMTA DewdoMmatAppluodon ® AwAsnowtat Rm/uo=rdo wren - 7 _ 1 0 P mm=tfo Dote d: mm Pima ® Patwm mea: ® tvoftw � a �„ s O LMM UMM To TM q ,.. - QQMQUMM D@CW40WAVMa r� ® FL Legs): Fbft ar. ... Sw, ehmd tLLC Ammo o M.E. 207 L qo. PAO, FL -2232 No= 303$92-7960 m2 a o ►- Peter 5ftke. IOMM 9A behWG?ft !tMH. Spylm Trust t9W= P NO 4.39 • adore tbr—mm ftp=d um Rea le! Is ®k, by am erayc 1= APPL=W, V , OR LVa.U. MWOMOMMM9 to SPV vjbxrtW bafbn me `1 t�+ 0 4-- sp .On VWW7 C'`A­a- mar: 3 nf(FL-eI�Dn, ) A t F2 e-0a 60 Pft ease of APrmdo oonsfift: sbac mwmm,Ckl,am am . My Comm4slon 0033501 L clammonon *� Expires AuQuet 28.2008 sat 6� T AID,A Ric SIX bso ever ma I am Om b aP ark I su"md `� r L o0 smn tom aft000 b;emm ffe O r Ma 2L - bt,,- ; struan: 0,44 . I0gDlv� L (� Pia e r D, ev sit c skol mom ct t ? (N�nn�� /33D0 BkeeCho�CCoa�C � �L street COV,Sbft artd Yip Onte 3 Y 9 4 12 - '[t-q -33q I w ct kx of JANET A.NANNEY fh K 17 z - ��_ q_q I V MY COMMISSION M DD323737 OF EXPIRES:May 26,2008 14OD-3•NcYrAve FI.Notary DWoam:Asa.Co. • City of Dania Beach, Florida Department of Community Developiment Planning and Zoning Division (9S4) 924-364S General Development Application ❑ Assignment of Flex/Reserve Units APR 16 2004 ❑ Land Use Amendment ❑ Plat Plat Delegation Request Rezoning o-L. p?3-04 Date Rec`d• Site Plaii(a Special Exception Petition No.: ❑ Special Request ❑ Trafficw+ay Waiver ❑ variance ❑ vacation Request ❑ Other: AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED. IMPORTANT: THE APPLICANT OR THEIR AUTHORIZED LEGAL AGENT MUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMMISSION MEETINGS. REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION" CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: .360v Lot(s): Block: Subdivision: Recorded Plat Name: �� �'( Folio Number(s):Q�3/- D/-D`,�DDD Legal Description: Applicant Consultan Legal Representative (circle one) SIZW Address of Applicant: 44 Business Telephonk �' Fax ®' Name of Property Owner: Address �Pro rty OwnerBusinessnPF2 Home: Fax: Explanation of Request: 'Fez"n%n� p,cr�crfY t-j Rs- 6coO T1-- Pp S'te f�G h lq / roV'l . t } t Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? APPLICANT(! ONSULTAN OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of 201�,V 41 Signature: Date: °®SOL, L A Sign Name of Notary Public (Print Name) State of( �Jl pi eeA--) Print Name of Notary Street Address, City, State and Zip ode Commission Z ' era i;- welbomSeal: My Commission C09M4 Telephone No. & Fax No. err+ Expires N%y 11,2004 • INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (AppIicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject-�ands described above and that I, as a duly authorized officer, have authorized ApplicantXonsultant/Representative) 4\ �Q,L w -D - Ay k\ 1 1-1, 111 to make and I e "e aforesaid application. Sworn to and subscribed before me Corporation Name: C::S,-r( 2L- G, L 1,- C This G rn day of 20 D�1 Signature: Date: (Print Name)40C GL6PAi- i)CJ. Lk-C, MArt(^Cr G f7cri 1B r� Sign Name of Notary Public (Print Title) State of( ) A,L,F'4r7o 6o0 -z— T Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. ✓l Adredo Gonzalez *My Commission CC954956 Expires August 28,2004 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. WRITTEN RESOLUTION OF THE MEMBERS OF • GLOBAL DEVELOPMENT, LLC The undersigned, being all the Members of GLOBAL DEVELOPMENT, LLC, a Florida limited liability company(the "Company"), hereby authorize Alejandro Daniel Sawicki to represent the Company before any governmental entity or corporation with full power and authority to do any acts necessary and to execute any documents to effectuate any and all business of the Company. Date effective as of this I"day of September 2002. MEMBERS: NORWAY, L By: Dani Avakin, Ale' o Daniel Sawic Managin Member aging Member • CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET }y`��x� �� PLfASE�Rf V/Eta/SITE PLAN AWD_RETURN WITH COA9MEMTS%F��►Y� F,�� ry°f`� Route Date: 9/ 4/2004 PZ Log: Revised Site Plan Project: IFOREST VIEW Folio: 5042-31-01-0400 Route Via: Mail ❑ Pickup: [j In-house: PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ Fire Marshall: Ed Tarmey F_--I Planner: Corinne Church Fv-1 Public Service: Fernando Vaquez ❑ Landscape Consultant (Z/Approved as submitted: ❑i Denied: Comments must be addressed and ❑ Approved with conditions: resubmitted prior to City Commission List conditions: Signature Print Name &a / - CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT • ROUTING SHEET K� PLE'.4SE 14EV/FbY SITE PL41V i41VD RETURN�I/TH COi�991U1ENTS�F AI�Y�``�k� '�- �.F�� °t�i...:+:,i:.�...�',�N..'i:s.....,..,�..��.a,.,.�.....:�:5:�s�.k,,.ii:;�.wa_u.,.�.-:�ts.,....�,'�..tm....,,�._�x�_.,Y�...S...„r°.:..,_........�::2.}+.•:;,....�..�.ss.rn�:w.�.:u,��ilcxz`.s'�:�.td`�^.+���i.,.�.,.�e:,��_._. Route Date: 9/14/2004' PZ Log: Revised Site Plan Project: FOREST VIEW Folio: 5042-31-01-0400 Route Via: Mail ❑1 Pickup: ❑ In-house: W PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. i Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church ❑ Public Service: Fernando Vaquez ❑ Landscape Consultant Approved as submitted: ❑ Denied: r— Comments must be addressed and 1 Approved with conditions: resubmitted prior to City Commission List conditions: 1l A.14J TIN kN M+A).. 44 1 C,I CAi'l%.JC e- STIaZI�N� 2r4 I (WCC-N ?.Z%J,--(�� Gv%>LL_ /A,.,,> 1,A1_ c r6 �r c n-.tty L1t.M•,�SC.sy 711L, CI— ,_1lC`C/>JV 1 LrN�f.✓ }��(,2 fit.('C'� - Signature Print Name Date-- --- _----- CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT 16 i ROUTING SHEET I -2��' PLE�SE ItEV/EW SITE PLr4N`AND RETURN Vi/IK CDfIr➢1lENTS iF AfY ...,...�,�`"� Route Date: 9/2q/2004 PZ Log: rRevised Site Plan Project: IFOREST VIEW Folio: 5042-31-01-0400 Route Via: Mail ❑ Pickup: ❑ In-house: 7 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ Fire Marshall: Ed Tarmey C Planner: Corinne Church ❑ Public Service: Fernando Vaquez ❑ Landscape Consultant ❑ Approved as submitted: ❑ Denied: ❑ Comments must be addressed and ❑ Approved with conditions: resubmitted prior to C+ty-6ea�aaissiefl Z List conditions: f �� 0 0 �t�'� Signature Print Name Date . 7 Forest View 9-16-04 RZ-23-04; Rezoning to PUD-B Planning Comments My Notes: • 3 things cannot be waived: parking, pervious area &landscape buffer, as per original meeting with Larry. O Signage is not part of this review. ® Provide unity of title tying each of the three lots shown prior to issuance of building permit. 1. The City Commission must approve the plat prior to the site plan scheduled for City Commission agenda. 2. Ingress/egress must correspond to access opening on plat. Location shown on Sheet SP-1 does not correspond with plat submitted on 8-6-04. 12' access to public lift station not shown. THIS IS THE 4RD TIME THIS INFORMATION HAS BEEN REQUESTED. 3. Provide proof of ownership; still pending, per applicant's response dated 9/10/04. THIS IS THE 3RD TIME THIS INFORMATION IS REQUESTED. 4. Color drawings or photograph of rendering of all elevations of structure will be required for the file when submitting the P&Z package, as indicated in the City's submittal checklist. 5. Variances needed: o Waive 15' contiguous acres to establish a PUD-B o Waive 15% of PUD common open space c Waive 15' clear landscape buffer on south, to provide 3'. o Waive 10' clear landscape buffer on north, cannot include 5' sidewalk; providing 9'8"; must revise variance application to include this item and provide writing justification stating how the request is consistent with each of the variance criteria. This is the 2nd time this information has been requested. 0NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH RZ-23-04/VA-32-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, January 11, 2005 at 7:00 p.m., or as soon thereafter as possible, in the 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 g Request by Synalovski Gutierrez Romanik Architects, Inc., on behalf of Daniel Sawicki representative for Stirling LLC, for rezoning, located at the northwest corner of Stirling Road and S.W. 35 Avenue, Dania Beach eac Property following: h for the RZ-23-04 — Request to rezone property from Residential Multi-family (RM-5 and zoning to Planned Unit Development(PUD-B). ) Estate (E-1) ORDINANCE NO. 2004-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA THE REZONING REQUEST SUBMITTED BY SYNALOVSKI, GUT ERREZ,OVING ROMANIK, ARCHITECTS, INC., ON BEHALF OF DANIEL SAWICKI, REPRESENTATIVE FOR STIRLING LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35 AVENUE, IN 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 RESIDENTIAL MULTI-FAMILY (RM-5) AND ESTATE (E-1) TO A PLANNED UNIT DEVELOPMENT (PUD-B); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second & Final Reading) VA-32-04— Variance requests to: 1) Waive 15 contiguous acres to establish PUD-B zoning, 6.8 acres are provided. (Chapter 28, Zoning, Article 7, Planned Unit Developments) 2) Waive PUD private common open space, zero % provided. (15% of net site area). (Chapter 28, Zoning, Article 7, Planned Unit Developments) 3) Waive 15 feet clear landscape buffer on south, to provide 3 feet. (Chapter 26, Vegetation, Article IV, Landscaping) 4) Waive 10 feet clear landscape buffer on east, to provide 9 feet 8 inches. (Chapter 26, Vegetation, Article IV, Landscaping) SP-27-04— Site Plan request for the construction of 31 single family homes. Exhibit A - Land Description: THE WEST 1/2 OF THE EAST 112 OF LOT 1 BLOCK PORTION LYING WITHIN 53 FEET OF THE SOUTH LINE OF SECTION 31, TOWNSHIP 0 RANGE 42 AND THE EAST Y2 OF THE EAST 1/2 OF LOT 1, BLOCK 3 OF REED LAND COMPANY, PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE INTERSECTION OF A LINE 10.00 FEET WEST OF, AND PARALLEL WITH, THE EAST LINE OF TH SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 31, E WITH A LINE 10.00 FEET NORTH OF, AND PARALLEL WITH, THE I SOUTH LINE RANGE 42 EAST, AND OF SAID SECTION 31; i I THENCE ON AN ASSUMED BEARING OF SOUTH 87 47 36 WEST, ALONG SAID PARALLEL LINE, SAID LINE I BEING FURTHER DESCRIBED AS THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD, A DISTANCE OF 158.13 FEET; THENCE NORTH 00 58 20 EAST, ALONG THE EAST LINE OF THE WEST ONE-HALF(W 1/2) I OF THE EAST ONE-HALF (E 1/2) OF SAID TRACT 1, A DISTANCE OF 43.07 FEET; THENCE NORTH 87 47 36 EAST, ALONG A LINE 53.00 FEET NORTH OF, AND PARALLEL WITH, THE SOUTH LINE OF SAID SECTION 31, A DISTANCE OF 114.74 FEET; THENCE NORTH 44 30 46 EAST, A DISTANCE OF 34.28 FEET; THENCE NORTH 01 13 55 EAST, ALONG A LINE 30.00 FEET WEST OF, AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 31, A DISTANCE OF 45..116F G A THENCE SOUTH 88 46 05 EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01 13 55 WEST, O LINE 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 31, A DISTANCE OF 110.58 FEET,TO THE POINT OF BEGINNING. LESS THE FOLLOWING LANDS CONVEYED BY DEED RECORDED IN OFFICIAL RECORDS BOOK 20186,PAGE 857, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:THAT PORTION OF TRACT 1 OF BLOCK 3 OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST OF PLAT OF SEC'S 28, 29, 31 AND 32, T50S, R42E, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING WITHIN THE EAST 30 FEET OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 31, THOSE LANDS CONDEMNED BY BROWARD COUNTY, FLORIDA IN.CIVIL ACTION #80-11613. TOGETHER WITH: THE EAST 1/2 OF THE WEST 1/2 OF LOT 1, BLOCK 3, REED LAND COMPANY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA, LESS THAT PORTION LYING WITHIN 53 FEET OF THE SOUTH LINE OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST. SAID LAND LYING IN BROWARD COUNTY, FLORIDA. Copies of the proposed petition 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. 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, and (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by 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. 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