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HomeMy WebLinkAboutO-2004-042 Forest View - PUD Rezoning ORDINANCE NO. 2004-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, 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. WHEREAS, pursuant to Chapter 28 "Zoning," Article 11 "Notice and Application Process," of the Dania Beach Code of Ordinances ("City Code"), Synalovski, Gutierrez, Romanik, Architects, Inc., on behalf of Daniel Sawicki, representative for Stirling LLC (the "Applicant") has applied to the City of Dania Beach, Florida (the "City"), for approval of a ® rezoning from residential multi-family (RM-5) and Estate (E-1) to a Planned Unit Development (PUD-B), for property legally described in Exhibit "A" (the "Property"); and WHEREAS, public notice of the subject rezoning was provided in accordance with law; and WHEREAS, the Planning and Zoning Board of the City, sitting as the Local Planning Agency, reviewed this request at its November 17, 2004 meeting and voted to recommend approval of this request; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Synalovski, Gutierrez, Romanik, Architects, Inc., for property generally located at the northwest corner of Stirling Road and SW 351" Avenue, within the City of Dania Beach, Florida, is granted and the parcels are rezoned from their present zoning classifications of Residential Multi-family (RM-5) and Estate (E-1) to a Planned Unit Development (PUD-B) as described in Exhibit "A", a copy of which is attached to this ordinance, 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 approval of the PUD-B zoning designation for the above referenced property shall include as an exhibit, Site Plan No. SP-27-04 which is maintained in the office of the Community Development Division, of the City of Dania Beach. Section 3. 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 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. That this ordinance shall be effective immediately at adoption on second reading. PASSED and ADOPTED on first reading on November 23, 2004. PASSED and ADOPTED on second reading on January 11, 2005. � f C.K. CELYF MAYOR—CO MISSIONER AT-TEST: ROLL CALL: COMMISSIONER ANTON—OUT OF THE ROOM COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES-NO MAYOR MCELYEA - YES 2 ORDINANCE NO. 2004-042 APPROVED AS TO FORM AND CORRECTNESS: F BY: �T, THOMNS J. A4SBI,ZO CITY ATTORNEY 3 ORDINANCE NO. 2004-042 EXHIBIT"A" LEGAL DESCRIPTION THE WEST '/2 OF THE EAST '/2 OF LOT 1, BLOCK 3, LESS THE PORTION LYING WITHIN 53 FEET OF THE SOUTH LINE OF SECTION 31, TOWNSHIP 50 RANGE 42 AND THE EAST '/2 OF THE EAST '/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 THE SOUTHWEST ONE-QUARTER (SW '/4) OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND WITH A LINE 10.00 FEET NORTH OF, AND PARALLEL WITH, THE SOUTH LINE OF SAID SECTION 31; THENCE ON AN ASSUMED BEARING OF SOUTH 87 47'36" WEST, ALONG SAID PARALLEL LINE, SAID LINE 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 ''/2) OF THE EAST ONE-HALF (E ''/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 O1 13'55" EAST, ALONG A LINE 30.00 FEET WEST OF, AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST ONE-QUARTER(SW '/4) OF SAID SECTION 31, A DISTANCE OF 45.16 FEET; THENCE SOUTH 88 46'05" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH O1 13'55" WEST, ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST ONE-QUARTER (SW '/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 I OF BLOCK 3 OF SECTION 31, TOWHNSHIP 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, AAT 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, LESS THOSE LANDS CONDEMNED BY BROWARD COUNTY, FLORIDA IN CIVIL ACTION #80-11613. TOGETHER WITH: THE EAST '/2 OF THE WEST '/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 FLORDIA, 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. 4 ORDINANCE NO. 2004-042 AGENDA REQUEST FORM CITY OF DANIA BEACH A AGENDA-ITEM NO. 1. DATE OF COMMISSION MEETING: JANUARY 11, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—REZONING REQUEST RZ-23-04 (FOREST VIEW ESTATES) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2"d READING 4. SUMMARY EXPLANATION & BACKGROUND: Rezoning request by Synalovski Gutierrez Romanik Architects, Inc., on behalf of Daniel Sawicki, representative for Stirling LLC., for rezoning 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): Ordinance Staff Report 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 4 — DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: January 11, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Church, AICP, Principal Planner ZZ 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 properly 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) Removing78 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. NOTICE 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 Cit Com Tuesday, January 11, 2005 at 7:00 p.m., or as soon thereafter as y mission on sib Commission Room, Administrative Center, 100 West Dania Beach Blvd., DanialeB, in the City each, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: Request by Synalovski Gutierrez Romanik Architects, Inc., on behalf of Daniel Sawicki, representative for Stirling LLC, for rezoning, variances and site plan approval for a property located at the northwest corner of Stirling Road and S.W. 35 Avenue, Dania Beach for the following: RZ-23-04 — Request to rezone property from Residential Multi-family (RM-5) and Estate (E-1) zoning to Planned Unit Development (PUD-B). ORDINANCE NO. 2004-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, 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 112 OF THE EAST 112 OF LOT 1, BLOCK 3, LESS THE PORTION LYING WITHIN 53 FEET OF THE SOUTH LINE OF SECTION 31, TOWNSHIP THE EAST 1/2 OF THE EAST 112 OF LOT 1, BLOCK 3 OF REED LAND COMPANY, LAT 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 THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND WITH A LINE 10.00 FEET NORTH OF, AND PARALLEL WITH, THE SOUTH LINE OF SAI D SECTION 31; THENCE ON AN ASSUMED BEARING OF SOUTH 87 47 36 WEST, ALONG SAID PARALLEL LINE, SAID LINt= 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) 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 45.16 FEET; THENCE SOUTH 88 46 05 EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01 13 55 WEST,ALONG A 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, LESS THOSE LANDS CONDEMNED BY BROWARD COUNTY, FLORIDA IN CIVIL ACTION #B 11613. TOGETHER ACCORDING TO THE WITH: THE EAST 1/2 OF THE WEST 1/2 OF LOT 1, BLOCK 3, REED LAND COMPANY, PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA, LESS THAT SOUTH, 420RTION LYING EAST.. SAID LANDITHIN 53 FEET OF THE LYING N BROWARD COUNUTH LINE OF TY, SECTION 31, TOWNSHIP NTY, FLORIDA. DA Copies of the proposed petition are available for viewing in the Community Development Department, Monday West Dania Bete Interested ch , Dania may ppeaorida at thetween publ cthe hours of 8:00 a.m. and 4:00 hear hearing and be head with respect to Monday - Friday. In p 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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