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Home My WebLink AboutR-2003-139 LUF-23-03 LAND USE Flex Ocean Development RESOLUTION NO. 2003-139 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ALLOCATING 54 RESERVE AND/OR FLEX UNITS TO THE PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, DANIA BEACH; LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by separate Ordinance, an application to amend the City's Future Land Use Plan Map to designate the property located on the east side of Gulfstream Road and along the north side of Dania Beach Boulevard, Dania Beach; legally described in Exhibit "A", a copy of which is attached to this Resolution to "Irregular Residential 15" (15 dwelling units /acre) has been submitted; and WHEREAS, the owner of the property has also requested allocation of 54 Reserve and/or Flex units to the parcel. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing whereas clauses are hereby ratified and incorporated as the legislative.intent of this Resolution. Section 2. That up to 54 Reserve and/or Flex Units shall be allocated to the property, described in Exhibit "A." Section 3. That the flex/reserve allocation confers no vested rights or entitlements with respect to building design, building height, setbacks, density, required parking, or landscaping beyond what is allowed or required under the existing zoning. Section 4. That the flex/reserve allocation will expire within 12 months of adoption. Section 5. That all ordinances or parts 'of ordinances and all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-139 Section 6. That this resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED THIS 28TH DAY OF MAY, 2003. OB ANTON MAYOR - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY -YES CHARLENE JO SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA = YES MAYOR ANTON - YES APPROVED AST F RM AND CORRECTNESS: BY: (�i HOM S J. ANSBRO CITY-ATTORNEY 2 RESOLUTION NO. 2003-139 s EXHIBIT 'A' Legal Description: Lot 1, 2, and 3 "The Pavilion" according to the plat thereof, as recorded in Plat Book 66, at Page 20, of the public records of Broward County, Florida. Together with The East '/Z of the NW '/4 of the NE '/4 of the SW '/4, Section 35, Township 50 South, Range 42 East, Broward County, Florida, and the West 30 feet of Parcel `A', "Roddy Dania Plat No. 1", According to the plat thereof, as recorded in Plat Book 102, at Page 26, of the Public Records of Broward County, Florida. 3 RESOLUTION NO. 2003-139 _;. AGENDA REQUEST FORM CITY OF DANIA BEACH -71 AGENDA ITEM O. 1. DATE OF COMMISSION MEETING: MAY 27, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—LUF-23-03 LAND USE FLEX 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request by Charles Putnam &Associates, Inc. representing Barry Morris, Ocean Development Properties LLC., for property located on the east side of Gulfstream Road and along the north side of Dania Beach Boulevard, for allocation of 54 reserve units. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution 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 April 23, ® 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date May 7, 2003 Growth Management Department City Manager Date CITY OF DANIA BEACH ® GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: May 27, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: LU-22-03: Request by Charles Putnam & Associates, Inc. representing Barry Morris, Ocean Development Properties LLC., for property •located on the east side of Gulffstream Road and along the north side of Dania Beach Boulevard, for Land Use Plan Amendment from "Residential 16" and "'Commercial" to "Irregular Residential 15" (15 dwelling units/acre) LUF-23-03: Request by Charles Putnam & Associates, Inc. representing Barry Morris, Ocean Development Properties LLC., for property located on the east side of Gulfstream ® Road and along the north side of Dania Beach Boulevard, to allocate a total of 54 Reserve and Flex units. The above requests are intended to permit a 266 unit multi-family development. CURRENT COMPREHENSIVE PLAN DESIGNATION: "Commercial" (Front Parcel: 4.76 acres fronting Dania Beach Boulevard) "Residential 16" (Rear Parcel: 14.65 acres behind the Front Parcel and Motel 6) PROPOSED COMPREHENSIVE PLAN DESIGNATION: Irregular Density Residential (15 dwelling units per acre). TOTAL PROPERTY SIZE: 19.41 gross acres. Land Use Analysis Based on information provided by the applicant, approximately 3 - 4 acres of the ® front parcel consists of developable uplands. The back portion of the front parcel and the rear parcel contain wetlands and mangroves. PAVILLION-OCEAN DEVEL REZONE AND LUPA CC ILDOC 1 of 4 Based on current land use plan designations, the applicant could construct approximately 60,000 — 80,000 square feet of retail/office space and 234 ® dwelling units. The applicant proposes amending the Comprehensive Plan to allow "zero" square feet of commercial and 288 dwelling units. Due to the environmental restrictions affecting this property, all 288 dwelling units, if approved, would most likely be have to be located in one or two large buildings (estimated 10 — 14 floors in height) located on the upland portion of the site adjacent to Dania Beach Boulevard. Conceptually, the land use change would allow the applicant to "move" the currently allowed 234 units from the rear wetland parcel to the front upland parcel. The applicant has requested an additional 54 flex/reserve units to allow a total of 288 dwelling units. The Comprehensive Plan designation and existing land use for the surrounding properties are as follows: Comprehensive Existing Land Use Plan Designation North Open Space Harbour Town Marina East Open Space Vacant Land (Cityof Hollywood) • South City of Hollywood Vacant Land West Commercial Motel The proposal is generally compatible with.the surrounding properties. The parcel is somewhat isolated and does not directly abut single family residential use, making it generally appropriate for high-rise multi-family use if quality architecture, landscaping, and site design is applied. These issues will be addressed during site plan review. Staff has explained to applicant that the current zoning designation limits height to 40 feet and that approval of the land use plan amendment and/or reserve unit allocation confers no vested rights or entitlements with of any kind beyond what is allowed under current zoning. Applicant has also been advised the maximum building height cannot exceed 62 feet without a 415 vote of the City Commission.. Flex Unit Assignment This subject parcel is located within a geographic planning area known as Flexibility Zone 84. Flex Zone 84 includes that portion of the City east of the FEC railroad tracks. Based on this application and other pending flex/reserve unit applications, allocation of 54 flex/reserve units to the subject parcel will leave a balance of approximately 90 flex units in Flex Zone 84. The reserve unit pool will be exhausted. PAVILLION-OCEAN DEVEL REZONE AND LUPA CC II.DOC 2 of 4 Nearly 60% of the flex/reserve units in Flex Zone 84 (439 units) have already ® been assigned to four projects along Sheridan Street. Public Facilities and Services Current Proposed Comprehensive Comprehensive Plan Designation Plan Designation Multi- 234 UNITS 288 UNITS Faris Retail 60,000 SQUARE FEET -- 0 -- The proposed land use plan amendment/reserve unit allocation would result in the following: a) Increased demand for sanitary sewer and potable water (due primarily and in proportion to the additional 54 dwelling units). b) Decreased traffic trip generation (due to the absence of commercial/retail development). c) Decreased school enrollment (High rise buildings generate fewer students than mid-rise or garden apartments). ® The applicant will have to obtain written confirmation from the Public Works/Utilities Director that sufficient sewer and water capacity is available. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommended approval of the requested Land Use Plan Amendment. The Planning and Zoning Advisory Board recommended approval of the 54 reserve/flex units. STAFF RECOMMENDATION Land Use Plan Amendment: Approval. Assignment of Reserve Units: Approval to allocate 54 flex and/or reserve units for 12 months. At the end of the 12 month period, the applicant will have to demonstrate to the satisfaction of the City Commission that he has made sufficient progress to extend the flex allocation for additional time. • Staff is recommending a 12 month t7ex/reserve allocation because the State Mandated Land Use Plan Amendment will take approximately 12 months PAVILLION-OCEAN DEVEL REZONE AND LUPA CC ILDOC 3of4 Staff also requests the properly owner acknowledge the following in writing; 1) The flex/reserve allocation confers no vested rights or entitlements with respect to building design, building height, setbacks, density, required parking, or landscaping beyond what is allowed or required under existing zoning. 2) Due to the size and scale of the project, certain issues must be addressed before the t7ex/reserve allocation can be made permanent, These include, but are not limited to, density, building height, setbacks, design, and architecture. PAVILLION-OCEAN DEVEL REZONE AND LUPA CC II.DOC 4of4 I. PARKER C MMUNITY C NTER fl TWIN MARINAS (109-1) HARBOUR A TOWNE 0 A L "1 T 1- 2) MARINA 906) (118-34) ............... .. ..................... ......... ............ ROM DA IANS NO TH SITE im CO DO u I-zz 0 23 IF 1 . . "91 U,F- - ............. g, lwi 0- R(Jbb,Y AV SEA OAKS CONDO WPLAT"""' NO�l ...... (10226) DANIANS SOUTH CONDO BECH .......... ..................... . .................. ................ ........ ......... ..................... SUN- SENTINEL PUBLISHED DAILY NOTICE of PUBLIC HEARING FORT LAUDERDALE, BROWARD COUNTY, FLORIDA CITY OF DANIA BEACH BOCA RATON, PALM BEACH COUNTY, FLORIDA NOTICE HEREBY GIVEN! that a puu blic hearing will MIAMI MIAMI DADE COUNTY FLORIDA be held before the city > > Commission on May 27, 2003, at 7:00 PM, or as soon thereafter as possi- ble, in the Dania Beach STATE OF FLORIDA City commission Room, Administrative Center, COUNTY OF BROWARD/PALM BEACH/MIAMI DADE 100 West Dania Beach BEFORE THE UNDE IGNED AUTHORITY, PERSONALLY APPEARED Blvd., Dania Beach, Flori- da 33004,for the purpose, of hearing any comments; which might be made to:: WHO,ON OATH,SAYS THAT the following request: E/SHE IS A DUCY AUTHOR D REPRESENTATIVE OF THE CLASSIFIED Request by Charles Put- nam & Associates, Inc., DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED representing Barry Mor- IN BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE Pr ocean Development Properties,LLC.,for prop- ATTACHED COPY OF ADVERTISEMENT,BEING A: erty located east of Gulf- stream Road and north of Dania Beach Boulevard. REQUEST LU 22 03 LU-22-03 A request for a{ Land Use Plan Amend- ment from "Residential: IN THE MATTER OF: 16" and "Commercial" tot Irregular Residential; 14.8 (14.8 dwelling units/r Request LU 22 03 acre), LUE-23-03 A request for 'th6'allocation o 54 re IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE serve and/or flex units. The above requests are in- ISSUES OF: tended to permit a 288 dwelling unit multi-familyi 5/16,1 11434161 development. I The property is legally de-! scribed as:Lot 1,2,and 3', "The Pavilion" according; AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER to the plat thereof,as re PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, corded in Plat Book 66,at Page 20, of the public AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY records of Broward County, Florida. Together PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, with The East Yz of the NW EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE 1/4 of the NE 1/.of the ip Y0 Section 35, Township 50• POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, South,Range42 East,Bro- ward County,Florida,and FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF the West 30 feet of Parcel ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT "A "Roddy Dania Plat plat 1", According to the plat HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM, OR thereof, as recorded in; Plat Book 102,at Page 26,' CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE of the Public Records.of PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Broward County,Florida. Copies of the proposed' NEWSPAPER. sign variance are availa- ble 'for viewing in the Growth Management De- partment,100 West Dania Beach Blvd.,Dania Beach, (810NATURE OF AFFIANT) Florida of 8between and the hours4:00 PM, Monday - Friday please SWORN TO AND SUBSCRIBED BEFORE ME call (954) 924-3645 for more information. Inter- ON: 16-May-2003 , A.D. a the parties ties may hearing and be heard with respect to the proposed petition. In/ Americans Withnce wD sabith he (SIGNATURE OF NOTARY PUBLIC) ties Act, persons needing assistance to.participate Tara L Bezak in any of ings should these pcontact Char- ' .. MYCOMMISSION# DD024939 EXPIRES lene Johnson, City Clerk, July 20,2005 100 W.Dania Beach Blvd, GGNDED TiIRU TROY FAIN INSURANCE,INC. Dania Beach, FL 33004, (954)924-3622,at least 48 hours prior to meeting. (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) t Any yappealn any decides made by the city commis- sion with regard to any PERSONALLY KNOWN OR matter considered at this meeting or hearing will need a record of the pro- PRODUCED IDENTIFICATION ceedings and for such pur. pose 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 May 16,2003