HomeMy WebLinkAboutR-2003-045 Cape Fear Shiff Variances VA-04-03 RESOLUTION NO. 2003-045
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FROM
CHAPTER 28, ZONING AND CHAPTER 26, VEGETATION, FOR PROPERTY
GENERALLY LOCATED NORTH OF SW 45TH STREET, EAST OF SW 30TH
AVENUE,WEST OF SW 28TH TERRACE AND SOUTH OF THE DANIA CUT-OFF
CANAL,DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Article 7.421 sets the
minimum parcel size in a PUD-B zoning district, for the City of Dania Beach; and
WHEREAS, the Broward County Code of Ordinances, sets the height regulations for
Residential Units in the R-1 C Zoning District for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, Article IV
Landscaping sets the landscaping requirements for the City of Dania Beach; and
WHEREAS, Michael Shiff of the Shiff Group has applied for a variance (VA-04-03)to allow
the following:
Request for approval of the following variances associated with the development of 55 zero lot
line homes and town homes:
a) Variance to allow a lot size of 8.8 gross acres.
(Minimum 15 acres required).
b) Variance to allow town homes and zero lot line homes up to three stories in height.
(Maximum height: two stories).
c) Generalized landscape variance from Chapter 26,Vegetation,Article IV Landscaping.
for property generally located north of SW 45th Street, east of SW 30th Avenue, west of SW 28th
Terrace and south of the Dania Cut-off Canal; and
WHEREAS, the Planning &Zoning Board on January 22, 2003, recommended that the City
Commission grant variance request VA-04-03 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-04-03, for a variance as described above (from
requirements in Chapter's 28 Zoning and 26 Vegetation), a copy of which is attached as Exhibit"A"
1 RESOLUTION NO. 2003-045
is approved, subject to the following:
a) Town homes and zero lot line homes shall be limited to two stories along SW 45"Street.
b) The developer to construct a catch basin on SW 45th Street to address drainage in the
area.
c) Staff recommendation conditions as follows:
(1) This project is located west of Ft. Lauderdale/Hollywood International Airport and
may be impacted by current plans to extend the south parallel runway at the
airport. The developer shall acknowledge and agree to provide notice to
prospective purchasers of airport/runway expansion plans in HOA documents.
(2) Construction of the boat basin and parallel dockage will require multi-
jurisdictional review and approval by federal, state, or county environmental
permitting agencies. Please note that City Commission site plan approval of the
boat basin and dockage creates no expectation of approval by any federal, state,
and/or county environmental permitting agency.
(3) Building setbacks dimensions consistent with the approved site plan shall be
clearly indicated on the construction plans.
(4) Installation of screen enclosures and/or patios shall require approval of a revised
site plan by the City Commission. Please note screen enclosures must comply
with building setback requirements.
(5) The applicant shall obtain the approval of the Assistant to the City Manager for
any modifications to Griffin Marine Park, including approval of tree relocation,
preservation, or replacement.
(6) Applicant to obtain the approval of Broward County Traffic Engineering regarding
removal of the "no left turn" sign at SW 30th Avenue access.
(7) Applicant to show location of roll-out garbage containers.' Applicant to identify
location of mail boxes.
(8) Town homes located adjacent to SW 45th Street shall be limited to two stories in
height.
(9) Identity a/c units on the site plan (a/c units may be prohibited in between zero
lot line units based on window placement).
(10) Payment of additional cost recovery fees (as required) prior to issuance of
any building permits.
(11)Applicant to comply with tree preservation,tree relocation, and landscape trust
fund requirements. Prior to issuance of any tree removal permits, applicant to
obtain City Commission approval of the final landscape plan, including Griffin
Marine Park and proposed open space dedication areas. Landscape plan to
2 RESOLUTION NO. 2003-045
show location of all wet and dry retention areas, including retention area cross-
sections and dimensions.
(12) Prior to issuance of the last five certificates of occupancy, the City's landscape
consultant shall evaluate the health of the preserved and relocated oak trees. If
any oak trees are determined by the City's landscape consultant to be sick or
dead due to improper relocation, lack of watering, lack of fertilization, or the
result of failing to properly protect trees from adjacent construction, the
applicant shall submit a revised landscape plan to the City Commission,
including the payment of landscape fund fees for oak trees which the City's
landscape consultant has determined cannot be saved. The revised landscape
plan shall be approved by the Commission and required landscape fund fees
shall be paid prior to issuance of the last five certificates of occupancy.
Applicant shall not be responsible for oak trees which become sick or die from
causes unrelated to the actions of the applicant as determined by the City's
landscape consultant.
(13)Applicant to pay local park impact fees(set-off against open space dedication),
landscape trust fund fees (as determined by the number and value of trees
removed from the site) and tree removal permit fees prior to issuance of a
building permit.
(14) Applicant to submit documentation of compliance with mammal/ marsupial
relocation requirements prior to tree removal or land clearing.
(15) Applicant shall clearly address the following parking issues on the building
permit drawings: Provision for 121 parking spaces (excluding garage spaces)
and parking detail sheet showing parking stall detail (typical and handicapped)
and Type "D" curbing detail. Provide dimensions of parking spaces in front of
each unit. Provide dimensions of internal garage space and garage doors.
Provide dimension of turn-around area provided at the end of each dead end
street. Show number of stacking spaces provided for visitors at entry call box.
Identify on plans the location of entry gates or guard arms.
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 THIS 25th DAY MARCH, 2003 .
B B ANTON
MAYOR—COMMISSIONER
3 RESOLUTION NO. 2003-045
A TEST: ROLL CALL: .
COMMISSIONER CHUNN -YES
COMMISSIONER FLURY-YES
CHARLENE IT N COMMISSIONER MIKES -YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON -YES
APPROVED AS TO F RM AND CORRECTNESS:
By:
--I AVA
T O AS J. ANSBRO
CITY ATTORNEY
•
•
4 RESOLUTION NO. 2003-045
APPLICATION NUMBER: CITY OF DANIA BEACH
VA � T—0 3 100 WEST DANIA BEACH BLVD. D
DANIA BEACH, FL 33004 JAN ' 7 2003
(954) 924-3645
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance of the parcel(s) of land described in this application.
NAME OF APPLICANT: Phonek 4S TI
ADDRESS OF APPLICANT: �d Fax: �►
PROPERTY INTEREST OF APPLICANT:
NAME AND ADDRESS OF PROPERTY OWNER:
ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: f
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PRESENT ZONING: LOT SIZE/AREA: '
PR SENT/PROPOSED USE OF PROPERTY:
vie ,•
DESCRIPTION OF VARIANCE(S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED —PLEASE CONTACT THE ZONING DEPARTMENT
FOR SSISTANCE WITH THE ZONING REGULATIONS AND ARTICH N MBRRS
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
s
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A
VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City Commission and Planning and Zoning
Board will consider this application.
1) Describe how special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the same
zo 'ng district.
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21 Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant.
3) Describe how granting the requested variance(s) will not confer any special privilege on the a cant
that is denied by the zoning code to other lands, buildings or structures in this same zoning district.
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4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district and would work
unn cessary and undue hardship on the ap li nt.
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5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
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6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the
zoning code, and that such variance(s) will not be injurious to the area involved or otherwise
detrim nt Ito the p is we
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
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This is to certify that I am the owner of the subject land(s) described above in the petition for variance
(Complete only if applicable) I have also authorized the undersigned petitioner
to make and file this ap cati for variance
PR M4EF;
STATE OF FLORIDA Print Name: f e- g 'C/4 A v 44--
COIJNTY OF FROWARD
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
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AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 25, 2003
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-04-03 VARIANCE REQUEST
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
REQUEST BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY("CAPE FEAR
PARCEL") GENERALLY LOCATED NORTH OF SW 45T"STREET, EAST OF SW 30TH AVENUE,
WEST OF SW 28T"TERRACE, AND SOUTH OF THE DANIA CUT-OFF CANAL.
4. SUMMARY EXPLANATION & BACKGROUND:
REQUEST FOR APPROVAL OF THE FOLLOWING VARIANCES ASSOCIATED WITH THE
DEVELOPMENT OF 60 ZERO LOT LINE HOMES AND TOWN HOMES:
A)VARIANCE TO ALLOW A LOT SIZE OF 8.8 GROSS ACRES (MIN. 15 ACRES REQUIRED)
B)VARIANCE TO ALLOW TOWN HOMES AND ZERO LOT LINE HOMES UP TO THREE STORIES
IN HEIGHT. (MAX. HEIGHT:TWO STORIES)
C) GENERALIZED LANDSCAPE VARIANCE FROM CHAPTER 26, VEGETATION, ARTICLE IV
LANDSCAPING.
• 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Application
Public Hearing Notices
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their January
22,2003 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date March 13, 2003
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
DATE: March 25, 2003
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
FROM: Corinne Church, AICP, Principal Planner a
REQUEST: Michael Shiff of the Shiff Group, for property ("Cape Fear
Parcel') generally located north of SW 45th Street, east of
SW 30th Avenue, west of SW 28th Terrace, and south of
the Dania Cut-Off Canal.
REZONING REQUEST: RZ-02-03 (SECOND READING)
Rezoning request from Residential R-1C (44 single family homes)
to Residential PUD (55 zero lot line homes and town homes).
PLAT APPROVAL: PL-03-03 Request for preliminary plat
® approval for Cape Fear Plat.
VARIANCE REQUEST: VA-04-03 Request for approval of the
following variances associated with the development of 55 zero lot
line homes and town homes:
a) Variance to allow a lot size of 8.8 gross acres.
(Minimum 15 acres required).
b) Variance to allow town homes and zero lot line
homes up to three stories in height. (Maximum
height: two stories).
c) Generalized landscape variance from Chapter 26,
Vegetation, Article IV Landscaping.
AMENDED SITE PLAN REQUEST: SP-05-03 Site Plan Approval
to allow a Planned Unit Development consisting of 55 dwelling
units (zero lot line homes and town homes) and accessory boat
slips.
On February 25, 2003 the City Commission denied the above referenced
rezoning request and took no action on the variance, site plan, and plat
applications. On March 12, 2003 the City Commission voted to reconsider the
applicant's rezoning request.
Shiff Cape FearZoning Reconsideration RZ 02-03.doc
1 of 7
ANALYSYS
• The subject parcel contains two single family homes and an oak hammock. The
property currently is zoned R-1C. R-1C permits 44 single family detached
homes on 8.8 gross acres, or a gross density of five units per acre.
The applicant has requested a zoning change to Planned Unit Development
("PUD' .
Current Zoning Comprehensive Existing Land Use
Plan Land Use
Designation
North IM-3 (Industrial) Industrial Dania Cut-Off Canal
Industrial/Warehouse
East R-1C (Residential) Residential 5 One Single Family
5 units/acre Home
South R-1C (Residential) Residential 5 Five Single Family
5 units acre) Homes
Test R-1C (Residential) Residential 5 City Park
5 units/acre
PUD zoning allows up to 88 dwelling units, or 10 units per acre. The applicant
• initially proposed to restrict the PUD to 60 dwelling units (44 town homes and
16 zero lot line), or a gross density of 6.8 dwelling units per acre. The
applicant has since reduced density from 60 to 55 dwelling units (43 town
homes and 12 zero lot line homes), or a gross density of 6.25 units per acre.
The site plan includes 43 interior boat slips and parallel canal dockage for an
estimated 10 boats. The boats slips and docks are accessory to the
development and cannot be operated or occupied for commercial purposes.
The site plan shows parallel dockage extending 12 feet into the Cut-Off Canal.
This is allowed by Section 33-40 (12) of the Dania Beach City Code, which
permits docks and slips to extend 20 feet into the Cut-Off Canal, subject to the
approval of applicable environmental permitting agencies (SFWMD, Army Corp,
Broward County DPEP, etc.). Mooring poles are permitted by code to extend 25
feet into the Cut-Off Canal.
The applicant has also requested a variance to build town houses or zero lot
line units up to three stories in height. A six foot shadowbox fence is shown
along portions of the east lot line next to an adjacent single family home.
Shiff Cape FearZoning Reconsideration RZ 02-03.doc
2 of 7
The following criteria are used to evaluate a zoning change proposing an
increase in residential density: traffic, student generation, tree preservation and
landscaping, building height, parking, building lot coverage and pervious area.
Existing R-IC zoning provides that 40% of the site can be covered with
buildings. Our analysis indicates building coverage is less than 25% of the site.
The minimum required pervious area for single family development is 40%.
Applicant provides approximately 45% pervious area.
The parking code requires 2.2 parking spaces per unit (exclusive or garage
spaces) for a total of 121 parking spaces. Preliminary analysis indicates 121
parking spaces are provided, although this may change pending final review of
tree preservation/relocation data. Parking displaced by existing oak trees shall
be provided in another area of the site, most likely next to the clubhouse.
Proposed building height is consistent with two-story townhouse development
(approximately 25 feet in height to the mid-point of the peak roof;
approximately 32 feet in height to the highest point of the roof). Applicant has
requested a variance to build units up to three stories in height.
Tree Preservation/Relocation: The applicant's revised tree survey proposes to
preserve or relocate on-site approximately 74 % of the oak trees.
® Trees which are to be cut down and removed are assigned a value based on
their size and condition. The applicant is required to pay into the City's
landscape trust fund the dollar amount of the trees that cannot be preserved or
relocated on-site. The removal of healthy specimen oak trees greater than 12"
in caliper requires City Commission approval and payment into the City's
landscape fund prior to issuance of building permits.
Staff is still evaluating the landscape and tree preservation plan. Staff
recommends that any approvals be subject to final approval of the landscape
plan at a subsequent City Commission meeting.
School Impact Analysis (Source: Broward County School Generation Rates):
Based on Broward County School Generation Rates, the proposed development
would generate fewer students than under existing single family home zoning.
Building Setbacks: The PUD zoning district does not specify required setbacks.
If the property was zoned for townhouse use under the City's RM-1 zoning, the
applicant would meet or exceed required setbacks as indicated on the following
table:
Shiff Cape FearZoning Reconsideration RZ 02-03.doc
3 of 7
BUILDING SETBACKS
0 Required Setback Proposed Setback
SW 45t Street 15 feet 30 feet
Rear and
East Side and 10 feet 10 feet
North Rear and 15 feet 15 feet
West Rear and 15 feet 15 feet
Traffic Analysis: The traffic analysis indicates the existing R-IC zoning (44
SF homes) would generate 488 daily vehicle trips while the development as
currently proposed (55 townhouse and zero lot line units) would generate 465
daily trips; a decrease of about 4%.
Because the primary road leading to the project (SW 29th Terrace) is
undersized, the traffic consultant recommended that some or all project traffic
enter and exit the site via SW"' 45 Street connecting to SW 28 Terrace/SW 28
Avenue.
At the Planning and Zoning Advisory Board public hearing, some adjacent
property owners suggested that access to the project be routed through Griffin
Marine Park (via SW 30"' Avenue) to separate project traffic from the existing
neighborhood. Applicant has revised his site plan accordingly.
The latest traffic report, based on Griffin Marine Park vehicle access, concludes
that ".....impacts associated from the (project) could be sufficiently
accommodated by the existing roadway network...."and "...sight distance on
SW 3e Avenue is adequate for a passenger vehicle to turn left out of Grim
Marine Park"
The "no left turn" exit sign was installed based on previous city staff concerns
that vehicles pulling boat trailers would not have sufficient time to complete the
left turn onto SW 30t' Avenue. The City's Public Works/Utilities Director
indicates that the Broward County Traffic Engineering Department has no
objection to removing the existing no left turn sign.
SUMMARY
Typical townhouse development is 10 — 12 units per acre. At 6.25 dwelling
units per acre, this project provides more open space, covers less land, and
provides more opportunity for tree preservation than conventional townhouse
development. For comparison, Griffin Lakes was approved at 12 units per acre;
Oakridge and Treasure Cove town homes were approved at 10 units per acre.
Shiff Cape FearZoning Reconsideration RZ 02-03.doc
4of7
Because the surrounding property is zoned and developed as single family
residential, the following issues should be addressed prior to issuance of
building permits.
(1) This project is located west of Ft. Lauderdale/Hollywood International
Airport and may be impacted by current plans to extend the south
parallel runway at the airport. The developer shall acknowledge and
agree to provide notice to prospective purchasers of airport/runway
expansion plans in HOA documents.
(2) Construction of the boat basin and parallel dockage will require multi-
jurisdictional review and approval by federal, state, or county
environmental permitting agencies. Please note that City Commission
site plan approval of the boat basin and dockage creates no
expectation of approval by any federal, state, and/or county
environmental permitting agency.
(3) Building setbacks dimensions consistent with the approved site plan
shall be clearly indicated on the construction plans.
(4) Installation of screen enclosures and/or patios shall require approval of
a revised site plan by the City Commission. Please note screen
enclosures must comply with building setback requirements.
(5) The applicant shall obtain the approval of the Assistant to the City
Manager for any modifications to Griffin Marine Park, including
approval of tree relocation, preservation, or replacement.
(6) Applicant to obtain the approval of Broward County Traffic Engineering
regarding removal of the""no left turn" sign at SW 30th Avenue Access.
(7) Applicant to show location of roll-out garbage containers. Applicant to
identify location of mail boxes.
(8) Town homes located adjacent to SW 45th Street shall be limited to two
stories in height.
(9) Identify a/c units on the site plan (a/c units may be prohibited in
between zero lot line units based on window placement).
(10) Payment of additional cost recovery fees (as required) prior to issuance
of any building permits.
Shill Cape FearZoning Reconsideration RZ 02-03.doc
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(11) Applicant to comply with tree preservation, tree relocation, and
landscape trust fund requirements. Prior to issuance of any tree
removal permits, applicant to obtain City Commission approval of the
final landscape plan, including Griffin Marine Park and proposed open
space dedication areas. Landscape plan to show location of all wet and
dry retention areas, including retention area cross-sections and
dimensions.
(12) Prior to issuance of the last five certificates of occupancy, the City's
landscape consultant shall evaluate the health of the preserved and
relocated oak trees. If any oak trees are determined by the City's
landscape consultant to be sick or dead due to improper relocation,
lack of watering, lack of fertilization, or the result of failing to properly
protect trees from adjacent construction; the applicant shall submit a
revised landscape plan to the City Commission, including the payment
of landscape fund fees for oak trees which the city landscape
consultant has determined cannot be saved. The revised landscape
plan shall be approved by the commission and required landscape fund
fees shall be paid prior to issuance of the last five certificates of
occupancy. Applicant shall not be responsible for oak trees which
become sick or die from causes unrelated to the actions of the
applicant as determined by the city landscape consultant.
® (13) Applicant to pay local park impact fees (set-off against open space
dedication), landscape trust fund fees (as determined by the number
and value of trees removed from the site), and tree removal permit
fees prior to issuance of a building permit.
(14) Applicant to submit documentation of compliance with
mammal/marsupial relocation requirements prior to tree removal or
land clearing.
(15) Applicant shall clearly address the following parking issues on the
building permit drawings: Provision for 121 parking spaces (excluding
garage spaces) and parking detail sheet showing parking stall detail
(typical and handicapped) and Type "D" curbing detail. Provide
dimensions of parking spaces in front of each unit. Provide dimensions
of internal garage space and garage doors. Provide dimension of turn-
around area provided at the end of each dead end street. Show
number of stacking spaces provided for visitors at entry call box.
Identify on plans the location of entry gates or guard arms.
Shiff Cape FearZoning Reconsideration RZ 02-03.doc
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PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Zoning Change:
Approval of PUD Zoning (Maximum 55 dwelling units).
Lot Size Variance:
Approval, subject to compliance with staff comments.
Landscape Variance:
Approval, subject to compliance with staff comments.
Height Variance:
Maximum two stories along SW 45th Street; Maximum three stories on
remainder of site, subject to compliance with staff comments.
Site Plan:
Approval, subject to compliance with staff comments.
Shiff Cape FearZoning Reconsideration RZ 02-03 Am
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— NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
March 25, 2003 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 relative to the following requests:
Michael Shiff of the Shiff Group, for property located north of SW 45th Street, east of SW 30th Avenue, west
of SW 28th Way, and south of the Dania Cut-Off Canal requests the following:
1) RZ-02-03: Rezoning request from Residential R-1 C (44 single family homes allowed) to Residential
PUD (Up to 55 zero lot line homes and town homes allowed).
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING
REQUEST BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY GENERALLY LOCATED
NORTH OF SW 45TH STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28T" TERRACE, AND
SOUTH OF THE DANIA CUT-OFF CANAL ("CAPE FEAR" PLAT) 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
R-1C (44 SINGLE FAMILY HOMES) TO RESIDENTIAL PUD (55 ZERO LOT LINE HOMES AND
TOWNHOMES); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
2) PL-03-03: Request for preliminary plat approval for Cape Fear Plat.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "CAPE FEAR" PLAT, SUCH
PROPERTY BEING GENERALLY LOCATED NORTH OF SW 45T" STREET, EAST OF SW 30TH
AVENUE, WEST OF SW 28T" TERRACE, AND SOUTH OF THE DANIA CUTOFF CANAL IN THE
CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "CAPE FEAR" PLAT;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
3) VA-04-03: Request for approval of the following variances associated with the development of 55
zero lot line homes and town homes:
a) Variance to allow a lot size of 8.8 gross acres.
(Minimum 15 acres required).
b) Variance to allow town homes and zero lot line homes up to three stories in height.
(Maximum height: two stories).
c) Generalized landscape variance from Chapter 26, Vegetation, Article IV Landscaping.
4) SP-05-03: Site Plan Approval to allow a Planned Unit Development consisting of up to 55 dwelling
units (zero lot line homes and town homes) and accessory boat slips.
Exhibit `A' - Legal Description: The west half of lot 6, all of lot 7, and the east half of lot 8, less the south 21
feet of said west half of lot 6 and all of lot 7, in block 3, lying south of the canal, of Marshall's Everglades
Subdivision in Section 29, Township 50 south, range 42 east, according to the plat thereof, recorded in
Plat Book 2, Page 32, of the public records of Dade County, Florida; Subject to a perpetual easement for a
public right-of-way for vehicular, animal and foot traffic over across and upon the east 10 feet of the south
335 feet of said lot 6, together with a perpetual easement running forever for a public right-of-way for
vehicular, animal and foot traffic over, upon and across the west 10 feet of the east half of said lot 6; and
subject to a road right-of-way over the south 21 feet of said east half of said lot 8, said lands situate in
Broward County, Florida, subject to conditions, restrictions, limitations, reservations and easements of
record in any.
Copies of the proposed petition are available for viewing in the Growth Management 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 Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania
Beach, FL 33004, and (954) 924-3630, 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 Technician
Publish: Friday, March 14, 2003
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