HomeMy WebLinkAboutR-2002-207 RESOLUTION NO. 2002- 207
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, B & B
BUILDERS, FROM CHAPTER 28 ZONING, ARTICLE 7.421, FOR
PROPERTY LOCATED EAST OF SE 2ND AVENUE NORTH OF SHERIDAN
STREET, 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, John Bartley, B & B Builders, has applied for a variance (VA-46-02)to
allow a minimum parcel size of 2.31 acres (Minimum 15 acre parcel required in PUD-B), for
property located east of SE 2"d Avenue North of Sheridan Street, Dania Beach; and
WHEREAS, the Planning &Zoning Board on August 21, 2002, recommended that
the City Commission grant variance request VA-46-02 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-46-02, for a variance as described above
(from requirements in Chapter 28, Zoning, Article 7.421), a copy of which is attached as
Exhibit "A" is approved, subject to the following conditions:
1) Provide floor plan demonstrating that garage is sufficiently large to accommodate
two cars, including minimum garage door width of 16 feet.
2) Obtain written approval of Fire Rescue and Public Works/Utilities Departments.
3) Provide the details, including types, colors and embellishments, of the proposed
six (6) foot masonry wall and the homes. Additionally, the height of the wall must
be measured from the elevation of the adjacent parking area.
1 RESOLUTION NO. 2002-207
4) Compliance with Exhibit "A" (Landscape comments).
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are repealed to the extent of such conflict.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 26T" DAY OF NOVEMBER, 2002.
IROBT H CHUNN, JR.
— COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO -YES
COMMISSIONER MCELYEA -YES
CH RLENE JOH eOON COMMISSIONER MIKES — YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
TH MA'S J.\ NSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2002-207
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: NOVEMBER 26, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-46-02 VARIANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
Varianc request by John Bartley for property located East of SE 2nd Ave North of Sheridan
Street).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Variance Application
Public Hearing.Notices
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date November 13,2002
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
C.FROM: Laurence Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: RZ-42-02: Zoning Change from C-2 (Commercial)
to PUD-B (Planned Unit Development) and
Allocation of 19 Reserve Units
VC-07-02: Permission to vacate unimproved portions
of SE 14th and 15rh Streets east of SE 2nd Avenue
VA-46-02: Variance to allow a minimum parcel size of
2.31 acres (Minimum 15-acre parcel required)
SP-43-02: Site Plan Approval to Construct 19 Single
Family Homes
Property generally located east of SE 2nd Avenue north of
SE 15th Street Extended
APPLICANT: John Bartley
DATE: November 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 OS School
• East RM-2 Apartments
South C-2 Office/Vacant
West C-2 Sin le Family
BARTLEY 2nd Avenue CC Memo.doc
Current zoning permits office, retail, motel, and hotel use. The CityCom
missio
previously denied a request to rezone this property to RM-3 for rental apartments•
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. There are an estimated 171 reserve units remaining in Flex Zone 84.
The applicant is requesting 19 reserve units in conjunction with his rezoni
request to PUD-B, leaving a balance of 152 reserve units within Flex Zone 84. ng
The City of Dania Beach cannot replenish the reserve unit pool once exhausted.
Staff supports the use of reserve units for small-scale projects (25 or less units)
consistent with the comprehensive plan or the objectives of the City Commission.
MINIMUM LOT SIZE VARIANCE
Staff has no objection to this variance.
SITE PLAN WITH PUD-g ZONING REQUIREMENTS
The site plan indicates the following:
1) 30% building coverage provided o
P (Maximum 35/o allowed).
2) 42% pervious area provided (Minimum 40% required).
3) 47 exterior parking spaces provided (44 exterior parking spaces
required).
4) 19 dwelling units provided (PUD-B allows up to 23 units).
5) Lot Size: Minimum 3,600 — 3,800 square feet provided.
6) Front yard setback: Minimum 20 feet provided.
7) Rear yard setback: Minimum 14'feet provided.
8) Side yard setback: Minimum five feet provided (Minimum 10 feet
distance between units).
PUD-B requires no minimum lot size or setback requirements.
setbacks are consistent with those provided in "Maple Ridge" The lot size and.
(Cit y of Hollywood),
specifically that portion of Maple Ridge located at the southeast corner of riffins
Road and SW 40t' Avenue.
BARTLEY 2nd Avenue CC Memo.doe
• PLANNING AND ZONING ADVISORY BOARD
RECOMMENDATION
ZONING CHANGE AND RESERVE UNIT ALLOCATION:
Approval.
ROAD AND EASEMENT VACATION REQUEST:
Approval, pending City Attorney and Public Works/Utilities Director approval rior
to execution of vacation resolution.
VARIANCE:
Approval, subject to following:
1) Provide floor plan demonstrating that garage is sufficiently large to
accommodate two cars, including minimum garage door width of 16
feet.
2) Obtain written approval of Fire-Rescue and Public Works/Utilities
Departments.
3) Please provide the details; including types, colors, and embellishments
of the proposed six (6) foot masonry wall and the homes. Additionally,
the height of the wall must be measured from the elevation of the
adjacent parking area.
4) Compliance with attached Exhibit A (Landscape Comments).
SITE PLAN:
Approval, subject to variance approval conditions 1 — 4 above.
BARTLEY 2nd Avenue CC Memo.doc
Exhibit A
Dania Beach Homes (John Bartley) Landscape Comments
1. Provide a note on the landscaping plans that all proposed tree removals
shall require a tree removal permit from the City of Dania Beach.
2. The proposed mitigation for the trees shall be as follows:
$5,000.00 payable to the City of Dania Beach Tree Trust Fund for
the removal of the 60" Strangler fig.
• In the front vard, each lot shall be required to have a minimum of 2
trees and 25 shrubs (24" x 24" x 24'�, excluding shrubs screening
equipment, in the front yard. One tree shall be a Live Oak street tree
(12' high, 5' spread, 2" DBH and 4.5' Clear trunk). The other tree shall
be three staggered 14'-18' high palms that equal one tree.
• In the rear yard, each lot shall require one Live Oak Street Tree (12'
high, 5' spread, 2" DBH and 4.5 clear trunk) or 3 staggered 14'-18' high
palms that equal one tree.
• • Additionally on lots 1, 5, 6, 10, 11 and 19 an extra three (10' high, 5'
spread, 1.5" DBH and 4' clear trunk) trees are required on the open
side. Lastly, lots 1 and 11 shall require one extra 10' tall, 5' spread, 1.5"
DBH and 4' clear trunk tree.
3. Provide tree protection barricade details and notes on the landscaping
plans for the preserved Royal palm. Additionally, add "minimum
application of water to imperious areas" and a rain sensor to be installed
to the irrigation note.
4. Provide additional landscaping (hedges) around the parking areas, A/C
units and add 4 more Foxtail palms to the entrance (2 on each side of
the driveway).
BARTLEY 2nd Avenue CC Memo.doc
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE. IS HEREBY GIVEN that a public hearing will be held before the City Commission on November 26,
2002, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room,
Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing
any comments which might be made to the following requests:
Request by John Bartley, B & B Builders, Corp. for property located east of SE 2nd Avenue north of Sheridan
Street for the following requests:
1. RZ-42-02 - Rezoning request from C-2 (Commercial) to PUD — B (Planned Unit Development)
including the Assignment of 19 Reserve Units (Property generally located east of SE 2nd Avenue
north of Sheridan Street):
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING
REQUEST BY JOHN BARTLEY, B & B BUILDERS FOR PROPERTY LOCATED EAST OF SE 2ND
AVENUE NORTH OF SHERIDAN STREET, 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 NINETEEN (19) RESERVE UNITS; SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
162. VA-46-02 — Variance to allow a minimum parcel size of 2.31 acres (Minimum 15 acre parcel
required in PUD-B).
Exhibit 'A' - Legally Described as Lots 17 less the West 10 feet, Lots 18, 19 and 20, all of Block 1,
St. James Park North, according to the Plat thereof, as recorded in Plat Book 3, Page 33, of the
Public Records of Broward County, Florida; Along with Lots 22 and 23 of Block 2, St. James Park
North, according to the Plat thereof, as recorded in Plat Book 3, Page 33 of the Public Records of
Broward County, Florida; Along With - Lots 24 and 25 in Block 2 of St. James Park North, a
subdivision, according to the Plat thereof, recorded in Plat Book 3, at Page 33 of the Public
Records of Broward County Florida. Along with Lots 26 and 21 of Block 2, St. James Park North,
according to the Plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of
Broward County, Florida;
3. VC-07-02 - Permission to vacate portions of unimproved SE 14th and 151h Streets east of SE 2nd
Avenue and miscellaneous easements (Property generally located east of SE 2nd Avenue north of
Sheridan Street);
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING PORTIONS OF
UNIMPROVED SE 14T" AND 15T" STREETS AND MISCELLANEOUS EASEMENTS LOCATED
EAST OF SE 2ND AVENUE, NORTH OF SHERIDAN STREET, IN THE CITY OF DANIA BEACH
AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS
RESOLUTION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
• FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Exhibit 'A' — Legally described as: STREET RIGHT-OF-WAYS -THAT PORTION OF TENNESSEE AVENUE
(NOW KNOWN AS SE. 14TH STREET) LYING ADJACENT TO LOTS 16, 17, 18, 19 AND 20, BLOCK 1,
AND LYING ADJACENT TO LOTS 24, 25, 26, 27 AND 28, BLOCK 2, "ST. JAMES PARK — NORTH",
ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 33, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH - THAT PORTION OF PENNSYLVANIA
AVENUE (NOW KNOWN AS SE 15TH STREET) LYING ADJACENT TO LOTS 19, 20, 21, 22 AND 23,
BLOCK 2, AND LYING ADJACENT TO LOTS 16, 17, 18, 19 AND 20, BLOCK 3, "ST. JAMES PARK —
NORTH", ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 33, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH - MISCELLANEOUS UTILITY
EASEMENTS - THAT PORTION OF THE 4 FOOT RESERVATION FOR LIGHTING AND WATER LYING
WITHIN LOTS 21, 22, 23, 24, 25 AND 26, BLOCK 2, "ST. JAMES PARK— NORTH", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 33, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
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, (954) 924-3622, 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 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, November 15, 2002
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