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Home My WebLink AboutO-2003-024 Amending Ordinance 2003-010 by replacing 87 flex units from flex zone 84 ORDINANCE NO. 2003- 024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE 2003-010 ADOPTED ON MARCH 12, 2003 BY REPLACING 87 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 87 RESERVE UNITS, TO A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF THE WALGREEN'S DRUG STORE WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT 'A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On March 12, 2003 the City of Dania Beach adopted Ordinance No. 2003-010 which approved a rezoning request from the zoning classification of C-2 (Commercial) to the classification of RM-3 (Multi-family Residential) including the assignment of 87 flexibility units from Flex Zone 84; and WHEREAS, the City Commission desires to amend Ordinance No. 2003-010 by returning the 87 flex units back to Flex Zone 84 and in their place assign 87 reserve units to the project which is located on the north side of Sheridan Street, directly east of the Walgreen's Drug Store, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this ordinance; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Calvin Giordano and Associates, representing the Shamrock of`Broward, LTD., for property legally described in Exhibit "A", a copy of which is attached to this ordinance and which is located on the north side of Sheridan Street, east of Walgreen's Drug Store within the City of Dania Beach, Florida, is granted and the property is rezoned from its present zoning classification of C-2 (Commerical) to RM-3 (Multifamily Residential) zoning classification, . Section 2. That this rezoning request includes the assignment of 87 reserve units as permitted and regulated by the City of Dania Beach Comprehensive Plan and the Broward County Land use Plan. Section 3. That the applicant voluntarily agrees to include the high restriction in his condominium documents. Section 4. That the applicant voluntarily agrees to have the items listed in the letter dated March 11, 2003, attached as Exhibit "B", included in the Site Plan and the Zoning request. 1 ORDINANCE NO. 2003- 024 Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. That this ordinance shall take effect upon the recording and filing of the document identified above in the Broward County Pubilc Records. PASSED and ADOPTED on first reading on this 13th day of May, 2003. PASSED and ADOPTED on second reading on this 28th day of May, 2003. AOBNTON MAYOR-COMMISSIONER ATTEST: ROLL CALL.- COMMISSIONER CHUNN -YES c6AA COMMISSIONER FLURY -YES CHARLENE JO SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS RM AND CORRECTNESS: BY: THOM'AS J. ANSBRO CITY ATTORNEY 2 ORDINANCE NO. 2003- 024 EXHIBIT `A' Legal Description: The east one-half of the Southwest one-quarter of the Southwest one-quarter of the Southwest one quarter of Section 2, Township 51 South, Range 42 East, less the South 50 feet thereof; said lands situate, lying and being in Broward County, Florida. 3 ORDINANCE NO. 2003- 024 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 27, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - RESERVE / FLEX RE- ASSIGNMENT(SHERIDAN 87) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE—2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: SEE STAFF REPORT 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Ordinance Staff report Public Hearing 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date May 21,2003 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: May 27, 2003 (SECOND READING) TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: Sheridan 67 Plat: Substitution of Reserve Units for Flexibility Units (Property located on the north side of Sheridan Street, directly east of the Walgreen's Drug Store) APPLICANT: Growth Management Department On May 13, 2003 the City Commission approved, on first reading, the requested action. In March, 2003 the City of Dania Beach approved a rezoning request from the C-2 (Commercial) to RM-3 (Multi-family Residential). The City Commission also assigned 87 flex units to the site. Staff did not support the Sheridan 87 flex assignment request. Staff instead recommended the property owner apply for a Broward County Land Use Plan Amendment in order to preserve the flex units for redevelopment in the central business district. Staff has previously recommended that available flex and reserve units be made available for multi-story mixed-use development in Downtown Dania Beach, including the recently designated Local Activity Center ("LAC' Area. The CRA Plan calls for mixed-use mid-rise redevelopment in the LAC. The CRA Plan recommends 6-8 story mixed-use buildings in portions of the LAC. Mixed-use residential at this scale generally exceeds 50 dwelling units per acre. Recent discussion with Broward County Planning Council staff indicates that reserve units may not be used for projects exceeding 50 units per acre. To implement the CRA Plan downtown, and to comply with Broward County Planning Council requirements, the City will need to rearrange the current allocation of flex and reserve units. This means transferring flex units from previous allocations on Sheridan Street and substituting reserve units in their place. In this specific case, the Sheridan 87 Plat would be assigned 87 reserve units in exchange for 87 flex units. These 87 flex units will then be available for use downtown. This substitution of reserve for flex units has no effect on the property rights associated with the Sheridan 87 Plat. The Sheridan 87 Plat property owner was approved for 87 units and can still build 87 units. One flex unit is exactly same as one reserve unit. Failure to approve this flex/reserve unit transfer will make it much more difficult to implement the objectives of the CRA and LAC. RECOMMENDATION Approval. maince OF PUBLIC NBARINO ;"Y1 CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be I- held before the City Commission on Tuesday.May 27, 2003 at 7:00 PM,or as soon thereafter as possible,in t the Dania Beach City Commission Room,Administra- tive Center,t0p West Dania Beach Blvd.,Dania Beach, Florlda-33004,for the purpose of hearing any coin- ments which might be made to the following ordi- nances: AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA AMENDING ORDINANCE NO.2000-019 ADOPTED �eY' Oka 0 ON MAY 9,2000 BY REPLACING 58 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 58 RESERVE UNITS,TO A PARCEL OF LAND KNOWN AS'PARCEL A"OF THE OF THE RICHART PLAT, WHICH IS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E.5TH AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT -A-, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR SEVERABILI- TY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA AMENDING ORDINANCE 2003.010 ADOPTED ON :MARCH 12,2003 BY REPLACING 87 FLEX UNITS WHICH WWERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 87 RESERVE UNITS,TO A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF SHERIDAN, STREET,DIRECTLY EAST OF THE WALGREEN S DRUG STORE WITHIN THE CITY OF DANIA BEACH,FLORIDA, .AND LEGALLY DESCRIBED IN EXHIBIT-A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR SEVERABILI- TY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING CHAPTER 28"ZONING'OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDA,BY AMENDING THE TEXT WITHIN AR- TICLE 16"INDUSTRIAL-RESEARCH-OFFICE(IRO)"DIS- TRICT 16.40'SPECIAL EXCEPTION USES"BY PROVID- ING DISTANCE SEPARATION REQUIREMENTS FOR CER- • TAIN SPECIAL EXCEPTION USES AND RESIDENTIAL LAND USE DESIGNATIONS; PROVIDING FOR CON- FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed ordinances are available for viewing In the Growth Management Department,100 West Dania Beach Blvd., Dania Beach, Florida be- tween the hours of 8:00 AM and 4:00 PM,Monday- Friday please call(954)924-3645 for more Informa- tion.Interested parties may appear at the public hear- ing and be heard with respect to the proposed peti- tion. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Charlene John- son, CItY Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004.(954)924-3630,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 me need to ensure that a verbatim record of the proceedy ings Is made, which record Includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham,Planning Technician R!ay 14,2003 � �103