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Home My WebLink AboutO-2002-014 ORDINANCE NO. 2002-014 • AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY VICTORY VILLAS, INC. & VICTORY LIVING PROGRAMS, INC., FOR PROPERTY LOCATED AT 851 W. DANIA BEACH BOULEVARD, 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 RM (MULTIFAMILY) TO THE CLASSIFICATION OF C-1 (OFFICE); 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 (RZ-02-02) filed by Victory Villas, Inc. & Victory Living Programs, Inc., 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 RM (Multifamily) to C-1 (Office); MSection 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 3. That this ordinance shall take effect upon the recording and filing of the document identified above in the Broward County Public Records. PASSED and ADOPTED on first reading on March 12 , 2002. PASSED and ADOPTED on second reading on March 26, 2002. OBERT H. CHUNN, AYOR— COMMISSIONER AT ES ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA -ABSENT CHARLENE O NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO F M AND CORRECTNESS: BY: THOMAS, . SBRO CITY AT ORNEY 1 ORDINANCE NO. 2002-014 i EXHIBIT "A" LEGAL DESCRIPTION HENRY PARK 24-27 B PORTION OF BLK 2 DESC AS BEG NE COR SAID BLK, SWLY AND E/L 261.95, WLY 311.85 TO W/L, NLY 253.61, ELY 375.19 TO POB & THAT PT OF E '/2 OF VAC'D R/W LYING W OF & ADJ TO SAID PROP, LESS PT DESC'D, BEG AT NW COR BLK 2, ELY 117.09, SW 48.12, S 102, W 107.09, N 150.01 TO POB & LESS PT VAC RD LYING W OF SAID N 150.01 FT. • 2 ORDINANCE NO. 2002-014 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 03/26/02 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING RZ-02-02 REZONE 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: Rezoning request by Chris Cutro, representing Victory Living Program for property located at 851 W Dania Beach Blvd. Dania Beach. 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 approval of this request at their February 20, 2002 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date March 19, 2002 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager G. G....- FROM: Laurence Leeds, AICP, Director Growth Management SUBJECT: Rezoning request (west Y2 of site) from RM (Multi-family) to C-1 (Office) (Second Reading) Site Plan to add 1,440 square feet office addition LOCATION: Property located at 851 West Dania Beach Boulevard APPLICANT: Victory Village DATE: March 26, 2002 City Commission Meeting ® The subject parcel (zoned RM) is developed as a 12 unit apartment complex that is operated as an assisted living facility. Classroom facilities and a small office are located in a separate building on the west side of the property. The subject parcel has a "Low Medium Residential" (10 units per acre) land use plan designation. The "zoning" and "land use plan" designations for the surrounding properties are as follows: Surrounding Properties: Zoning Land Use North RM (Multi-family) 10 units per acre East RD-8000 (Duplex) 16 units per acre South RM-1 (Multi-family) 13 units per acre West IG industrial Industrial Applicant proposes to construct a 1,400 square foot office addition next to the classroom building on the west side of the parcel. Victory Village will use the new office space as their administrative office. As such, the new office/classroom building is an accessory use to the apartment complex and is permitted under existing RM zoning. i VICTORY LIVING REZONE CC 3.12-02.doC Applicant proposes to rezone the west half of the site to C-1. C-1 perm its its offices, banks, financial institutions, churches, and non-profit cultural centers as a permitted use. Rezoning is not required and staff has not requested the rezoning to C-1. Applicant indicates the rezoning is required to obtain financing for the building addition. SITE PLAN The proposed site plans meets parking, lot coverage, setback and open space requirements. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION ZONING CHANGE: Approval. SITE PLAN: Approval. • • VICTORY LIVING REZONE CC 3-12-02.doc CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT. PLANNING AND ZONING DIVISION 100 W.DANIA BEACH BLVD. DANIA BEACH,FL 33004 (954)924-3645 Phone—(954)922-2687 Fax PETITION FOR REZONING DATE:_ PETITION RZ- 0 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: Victory Livin Programs, 851 w. Dania Beach B1vdL_p2nia Beach, FL 33304 LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#)50423424009 & 010 A Portion of Block 2 Henry Park GENERAL LOCATION OF SUBJECT PROPERTY: 851 W. Dania Beach Blvd. PRESENT ZONING:_RM REQUESTED ZONING:_C-1 REASONS&JUSTIFICATION FOR REQUESTED REZONING: 0 See Attached Support Statement —_------- _ lU� 39 -- — Z •. _- -- ------- jQ $S (Note: If more than one zoning classification is requested, please attach complete legal description of W 11 zE each zoning classification requested.) Z x O m = NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY U COMMISSION Sworn to and subscribed before me Sign ture of P 'i r Also rint Name) this Z d day of DQ .,��20_0i / Notary Public State of 851 W. Dania Beach Blvd, Dania Beach, FL 33004 Printed Name of Notary Street Address, City State&Zip Commission Expires_�' 'ti`o�- 954-921-8225(0) 954-920-7102(F) Seal: Telephone Number and Fax Number WHEN PETITIONER IS NOT THE 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 — — to make and file the aforesaid PETITION FOR REZONING. Swom to and subscribed before me Signature of Owner(Also Print Name) this day of 19_— Notary Public State of Printed Name of Notary Street Address,City State&Zip Commission Expires_ Telephone Number and Fax Number Seal: (FEE AND CHECKLIST INFORMATION) Include with Application: . Sealed Survey._ Copy of Plat_ Preliminary Site Plan X— Filing Fee: $275.00 for the first acre or fraction thereof,plus$27.50 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: $5,000.00 • SUPPORT STATEMENT REZONING 851 W. DANIA BEACH BOULEVARD The subject property is located on the south side of W. Dania Beach Boulevard on the west side of the Victory Living Programs overall property. The subject property is presently zoned RM and the owner is requesting a change of zoning to the C-1 zoning district. This change of zoning will require the application of the residential land use to commercial land use flexibility rule. The overall property is occupied by the living and support facilities of Victory Living Programs. The subject property contains the administrative offices and classrooms that the owners wish to expand. In the past it was determined that the existing office/classroom building could be built as accessory to the residential facilities on the overall site. Victory Living Programs attempted to refinance the existing mortgage and finance the proposed expansion of the accessory building but funds are not available because there is no ability to use the structure for regular office uses should Victory Living Programs vacate the premises at some time in the future. The subject property is surrounded by a mixture of uses. Multifamily uses are located on the north, east and south. Industrial development is located on the west. The proposed change will be consistent with the comprehensive plan if the City Commission agrees to use the rules of flexibility to allow the proposed zoning change. Due to the fact that the use already exists there will be no changes in the level of services except for the small addition that is being added to the existing structure on the subject property. It is not expected the proposed addition will create any public safety concerns or traffic hazards. Comprehensive planning principles call for a City to provide adequate housing facilities for all of its residents. The overall property provides living facilities for a special segment of the population in the City of Dania Beach as well as the surrounding area. The same planning principles call for provision of services on site to satisfy the needs of the residents. Allowing the change of zoning will allow for the continued provision of services to .the residents. It should be noted that existing use of the subject property has been in place since 1998 and not generated any problems. The proposed change will create an isolated zoning district but the office and classroom uses are directly related to the residential uses of the Victory Living Program. This change of zone would not be needed if the lending program being utilized by Victory Living did not insist on the rezoning. PAGE TWO SUPPORT STATEMENT REZONING 851 W. DANIA BEACH BOULEVARD The present use is compatible with the uses around it and acts as a buffer between the residential use to the east and the industrial/warehouse uses to the west. The design of the existing structure and its expansion is residential in character and is compatible with the architecture of the uses around it. The building height and massing is similar to a duplex or triplex apartment structure. Since the use has existed for more than three years with no complaints, the structure is architecturally compatible with the surrounding residential uses, and the subject property acts as a buffer between the industrial/warehouse uses the living conditions in the residential uses the surrounding area will not be adversely effected by the requested change of zoning. For the same reasons the property values of the adjacent properties will not be adversely effected by the requested change. The area around the subject and overall property is fully developed or in the process of being developed. Since the use of the subject property has been in place since 1998 and the special residential use has been located on the site • since 1984 the rezoning of the subject property will not act as a deterrent to development or redevelopment of the surrounding area. The present use is not allowed by the RM zoning except as an accessory use. The inability of the property owner to expand the administrative and educational facilities needed to support the residential component of the Victory Living Program will deny housing opportunities to a special segment of the population. The rezoning will reinforce Victory Living Programs ability to continue to the needed support services for the specialized housing it provides into the future. The only adequate site to provide the services to support the housing provide to the Victory Living Program housing component is where it is presently located. While other viable sites for the uses may exist in the City of Dania Beach the uses are directly related to the persons who are housed on the site and cannot be located off site without causing a major inconvenience to the residents. Based on the above analysis the applicant requests that the change of zoning be approved. •aye � ": ■�� =®�cr-� twi a gas 44 NO ' .• ��IGJ®,d�� 11'�� 5�11�' �� ^I`• 11l2i'�i� 1.11VI M; � 1,,�to•,MI.��C�! i 7fi7�� ;ti�[•7 S9:tf:tri: * _ � = _ rimr v • MA Ei1C1�C91G1B WHICH[ 1111120 1 C'i 0 1NS 911119011115 11�1�►��111p MOO I M I�cldru�d,®��; I01111,1111 1101111161� 9111011UP ;1C1®auA16E� �1�1rl9616E . U. - WINNOW o o � gatI Dow , i a1�1p1 4 �Illdl � �11 fir° '111�� 6 G�d1616 ��E5 dlldld,.