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HomeMy WebLinkAboutO-2002-010 ORDINANCE NO. 2002-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JOHN BARTLEY AGENT FOR CHRIS CHRISTIANSON, OWNER, OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SE 1ST TERRACE AND SE 1ST AVENUE, WITHIN THE CITY OF 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 C-2 (COMMERCIAL) TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING FOUR (4) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by John Bartley agent for Chris Christianson, owner of property legally described in Exhibit "A", a copy of which is attached to this ordinance and which is located within the City of Dania Beach, Florida, is granted and the property is rezoned from its present zoning classification of C-2 (Commercial) to PUD-B (Planned Unit Development) with the assignment of four (4) reserve units; Section 2. That approval of the PUD-B zoning designation for the above referenced property shall include as an exhibit, Site Plan No. SP-62-01 (Resolution No. 2002-030), prepared by Robert G. Ishman, P.A., and dated February 26, 2002. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall take effect upon the recording and filing of the document identified above in the Broward County Public Records. John Bartley RZ-64-01 1 ORDINANCE NO. 2002-010 PASSED and ADOPTED on first reading on the 12`h day of February, 2002. PASSED and ADOPTED on second reading on the 261h day of February, 2002. PATRICIA FLURY / MAYOR — COMMISSIONER ATT ST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - NO CHARLENE JOH ON COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FORMA D CORRECTNESS: BY: /,, , 4 TH,WA j. A BIRO CITY ATTORNEY John Bartley RZ-64-01 2 ORDINANCE NO. 2002-010 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1, 2, 3, 4 AND 5 TOGETHER WITH THE NORTH 15.00 FEET OF LOT 6, BLOCK 3, "MASON SUBDIVISION",ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 19 '/2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 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DANIA BEACH,FL 33004 (954)924-3645 Phone—(954)922-2687 Fax PETITION FOR REZONING DATE: 12-;41 e5/ PETITION RZ- I TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY COMMISSION, A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY: PETITIONER: IUhD LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#) Ma su,n/ SJb 1y_ICi i �, 3,4 /`�i/« ryo s(,i�SLjf4 14--1 63 Lot-5z t GENERAL LOCATION OF SUBJECT PROPERTY: PRESENT ZONING: REQUESTED ZONING: Puo -A REASONS &JUSTIFICATION FOR REQUESTED REZONING: ZL (Note: If more than one zoning classification is requested, please attach complete legal description of each zoning classification requested.) NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION Sworn to and subscribed before me Signature of Petitioner(Also Print Name) this / — day of De(1, 2001 e & 4 Notary Public State of( Printed Name of Notary Street Address, City State&Zip 8-40e,t_ TrL— f-A,c Commi�sit-Q �§ r. � 4la�7-o->c3 4-47• Es-0 vau Seal:=�`°� p:Cammi 'mJfDD00429I Telephone Number and Fax Number m Rgims Apr19,2005 Q o Bonded Thm WHE I(ffleft9VkdiTHE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE FOLLOWING: This is to certify that I am the owner of subject lands described above in the PETITION FOR REZONING and that I have authorized J1Iw, n -Rtc� to make and file the aforesaid PETITION FOR REZONING. Sworn to and subscribed before me e o Signatur VO s(All$ rint Name) t7 this�— day of -¢ 01_ / Notary Public State of r J0 S 7/u/ GLb ( vat3D Printed Name of Notary �et Address,City,State&Zip Commission Expires c � H0i'Jnan fthhorle Number and Fax Number Seal: %r CM=ission#DD 004294 e`- Empires April 9,2005 (FEE AND CHECKLIST INFORMATION)'a';oFFti� �L otlB�dedl�Thra Include with Application: Sealed Survey Copy of Plat Preliminary Site Plan Filing Fee: $275.00 for the first acre or fraction thereof,plus$27.60 per acre for each additional or fraction thereof -Plus Retainer for Administrative and Advertising costs.(As per Ch.28,Article 9.60.Recovery of costs...) Minimum Deposit Required —$ a SLR — aCity Of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 November 17, 2001 To Whom It May Concern: We the undersigned residents residing on either side of lots 1,2,3,4,5,and part of 6 of Block 3 of Mason Subdivision, corner of SE l'Terrace and 1"Ave are in agreement with the property owner that we would prefer to see 2 duplexes with the necessary variances and zoning changes to this commercial property instead of a 10 unit motel which needs no variances or zoning changes. South Resident South Resident Resident East Resident _ AGENDA REQUEST FORM CITY OF DANIA BEACH x AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 02/26/02 2. DESCRIPTION OF AGENDA ITEM: RZ-64-01 REZONE 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: Rezoning request by John Bartley for property located at 135 & 133 SE 1st and 129 & 127 SE 1 s`Ave. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Rezoning Application Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approved this request at their January 16, 2002 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date February 15,2002 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management SUBJECT: RZ-64-01: Zoning Change from C-2 (Commercial) to PUD-B (Planned Unit Development) and Allocation of Four Reserve Units VA-63-01(a): Variance to Allow Back-Out Parking on SE 1st Avenue and SE 1st Terrace (Back-out parking prohibited) VA-63-01(b): Variance to allow a minimum parcel size of 14,700 square feet (Minimum 15 acre parcel required in PUB-B) SP-62-01: Site Plan Approval to Permit Two Duplexes (Four Units) ® APPLICANT: John Bartley DATE: February 26, 2002 ZONING CHANGE The subject parcel (zoned C-2) is vacant. The subject parcel has a "Commercial" Land use designation. The zoning designations and existing land use for the surrounding properties are as follows: Surrounding Properties: Existing Zoning Existing Land Use North C-2 Auto Body Shop East RD-8000 Single Family South C-2 Two Family West C-2 Church/Fast Food Current zoning permits office, retail, motel, hotel, and mixed-used residential/commercial. BARTLEY RAVENSWOOD AUTO CC 2-26-02.doc ® Applicant has submitted a zoning request to PUD-B to construct two duplexes. This is the second site plan applicant has submitted to staff for this parcel, the first being a site plan to construct a 10 unit motel. No zoning change is required to construct a motel on this property. Applicant's proposal for duplex is not staff's first choice for development of this parcel. However, the absence of frontage on a main road is not conducive to retail or office use. In addition, the presence of the auto body shop makes this site less attractive for mixed- use or fee simple townhouse. Two duplex units would be a more desirable use than the 10-unit motel originally proposed. Please note that the Zoning Code requires 2.0 spaces per duplex unit or 1.1 spaces per motel room. RESERVE AND FLEX UNIT ANALYSIS This property is located within Flexibility Zone 84. Flex Zone 84 includes that portion of the City east of the FEC railroad tracks and south of the Dania Cut-Off Canal. Presently, there are an estimated 169 reserve units and 346 flex units remaining in Flex Zone 84. The applicant is requesting the City Commission allocate four (4) reserve units to this parcel, leaving an estimated balance of 164 reserve units and 346 flexibility units available for assignment to other properties within this same Flex Zone. Previous reserve unit allocation includes Alex Flamingo Groves Building (4 - 6 units) and the Shiff Mixed-Use Development (8 units). VARIANCES Existing development in the surrounding area (church, duplex) is characterized by back out parking spaces. Staff has no objection to this variance. The PUD-B requires a minimum 15-acre parcel size. Please note that had the applicant requested RD-8000 zoning, a minimum parcel size variance (8,000 sq. ft. parcel) and one interior side yard variance (15 feet) would have been required. SITE PLAN The proposed site plans meets all parking, lot coverage, and open space requirements. The 16-foot (east) rear yard setback and 15-foot (south) interior side yard setback are consistent with what would be required under RD-8000 zoning. Applicant also provides a 25-foot setback along both SE 1st Terrace and SE 1st Avenue. This meets or exceeds RD-8000 requirements. Most of the new trees are queen and foxtail palms. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION ZONING CHANGE: Approval. VARIANCES: Approval. ® SITE PLAN: Approval, subject to 30% of trees to be broadleaf trees. BARTLEY RAVENSWOOD AUTO CC 2-26-02.doc