HomeMy WebLinkAboutO-2001-018 ORDINANCE NO. 2001-018
AN ORDINANCE OF THE CITY OF DANIA BEACH APPROVING THE
REZONING REQUEST FOR PROPERTY LOCATED 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 IROC (INDUSTRIAL RESEARCH OFFICE
COMMERCIAL) TO THE CLASSIFICATION OF C-3 (COMMERCIAL),
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 for 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 IROC
(Industrial Research Office Commercial) to the C-3 (Commercial) zoning classification.
Section 2. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 3. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. That this ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on first reading on the 22ND day of MAY , 2001.
PASSED and ADOPTED on second reading on the 12T" day of JUNE, 2001.
PAT FLURY
MAYOR— COMMISSIONER
ROLL CALL:
COMMISSIONER BERTINO-YES
CHARLENE J H SON COMMISSIONER MIKES-YES
ACTING CITY CLERK COMMISSIONER McELYEA-YES
VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
APPROVED AS TO FOR AND CORRECTNESS:
By: 1<
r�__ AA ,
THOMAS J.�ANSB
CITY ATTORNEY
RESOLUTION NO. 2001-018
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 10, 11, 12 And 13 Of Block 2, "Hollywood Beach Crest" — According To The Plat
Thereof Recorded In Plat Book 11, Page 24, Public Records Of Broward County Florida.
Less The Following Described Property: The South 23.00 Feet Of Lots 11, 12, And 13,
Block 2 Of "Hollywood Beach Crest" As Recorded In Plat Book 11 Page 24 Of The Public
Records Of Broward County, Florida And That Portion Of Said Lot 11, Lying
Southwesterly Of The Chord Of A Circular Curve Concave Northeasterly, Having A
Radius Of 25.00 Feet And Being Tangent To The West Line Of Said Lot 11, And Being
Tangent To A Line 23.00 Feet North Of And Parallel With The South Line Of Said Lot 11.
RESOLUTION NO. 2001-018
CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
DANIA BEACH,FL 33004
r?i ) (954)924-3645 Phone-(954)922-2687 Fax
o
-D16- '* o `�')" PETITION FOR REZONING
DATE: 3/28/01 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: DR. ROBERT C. TESHER
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#)
SEE LEGAL DESCRIPTION ATTACHED HERETO.
GENERAL LOCATION OF SUBJECT PROPERTY: 1991 STERLING ROAD, DANIA BEACH
PRESENT ZONING: IROC REQUESTED ZONING: C-4
REASONS & JUSTIFICATION FOR REQUESTED REZONING:
Due to present design and location, this property is not suitable for IROC
Zoning. C-4 Zoning allows uses of the property more compatable with the
and neig!
(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
(�,LE Oea--eI
SrreFR to and subscribed before me Signature of Petitioner(Also Print Name)
this �u�h day of �: _20 J _
i n
I ,t BERT TESHER
-� 3300 N. 29th Ave. Hollywood, FL 330:
Notary Public State41" .
(I'Mrnissioil#CC908$28 y
Printed Name of N' c Expires Feb. 7.2004 Street Address, City State &Zip
Bonded Thru
+`'�, xUenticBondingCo..Ino.
Commission Expires 954/925-7100 FAX: 954/920-0015
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 BENNETT L. DAVID to make and file the aforesaid
P�TITION FOR REZONING.
U6 t1�
S�unr-afn an�subscnbedeore m e Signature,of. ne`r.�(`Als-o-Print Name)
this _ day of -�� /� ( L?-,�oBERT TESHER
Notary Public State of( ) 3300 N. 29th Ave xoliywwod, F1 330�
Patricia M. Pollack Street Address,City State&Zi
Printed Name of Notary ,•' .t�''•.; y P
3 _Commission#CC908528 054/925-7100 954/920-0015
- Expires Feb. 7,2004
Telephone Number and Fax Number
Commission Expires_ A„enlieBondinCco.,Inc.
Seal:
(FEE AND CHECKLIST INFORMATION)
Include with Application:
Sealed Survey Copy of Plat Preliminary Site Plan
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
Lots 10, 11 and 12 and 13 of Block 2, HOLLYWOOD BEACH CREST", according to the Plat thereof recorded in Plat
Book 11, Page 24, Public Records of Broward County, Florida.
LESS the following described property: the South 23.00 feet of Lots 11, 12 and 13, Block 2, of"HOLLYWOOD
BEACH CREST', as recorded in Plat Book 11, Page 24, of the Public Records of Broward County, Florida,
and
That portion of said Lot 11, lying Southwesterly of the chord of a circular curve concave Northeasterly, having a
\ radius of 25.00 feet, and being tangent to the West line of said Lot 11, and being tangent to a line 23.00 feet North
of, and parallel with,the South line of said Lot 11.
•
t
ROBERT C.TESHER 101
BENNETT L D"ID, III
3300 N.29 AVE,SURE 101 o t7 / 63-127/8070
1
HOLLYWOOD,FL 33020 ate of
la Gtie
a �m
° A&KISLAK
CAN pK Market Account
1550 NE Miami Gardens Dr.,N.Miami Beech.FL 33179RIP
--
406 700 L 2 7 5l:. L L LO 108 3 L Sill 800
•
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
12, 2001 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 petitions:
RZ-28-01 — Rezoning request by Bennett L. David representing Dr. Robert C. Tesher, for property located at 1991
Stirling Rd. The request is to rezone property from IROC (Industrial Research Office Commercial) to C-4
(Commercial).
AN ORDINANCE OF THE CITY OF DANIA BEACH APPROVING THE REZONING REQUEST FOR PROPERTY
LOCATED 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 IROC (INDUSTRIAL RESEARCH OFFICE COMMERCIAL) TO
THE CLASSIFICATION OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
EXHIBIT "A": Legal Description - Lots 10, 11, 12 And 13 Of Block 2, "Hollywood Beach Crest' —According To The Plat
Thereof Recorded In Plat Book 11, Page 24, Public Records Of Broward County Florida. Less The Following Described
Property: The South 23.00 Feet Of Lots 11, 12, And 13, Block 2 Of"Hollywood Beach Crest' As Recorded In Plat Book 11
Page 24 Of The Public Records Of Broward County, Florida And That Portion Of Said Lot 11, Lying Southwesterly Of The
Chord Of A Circular Curve Concave Northeasterly, Having A Radius Of 25.00 Feet And Being Tangent To The West Line
Of Said Lot 11, And Being Tangent To A Line 23.00 Feet North Of And Parallel With The South Line Of Said Lot 11.
Wes of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924-3645 for
more information. 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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach,
FL 33004, (954) 924-3630, at least 72 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
June 1, 2001
-ya \ 9a A ik{ ��� ,a i t � .��c �,s.r;;•ll$�y s2
Y q ti 'y nAb•�,� 9�T✓a� - _ _
Y a:
e.'a s
a
2
. .Qy *ac m7 -a'Yd,s.7.a S,'d''��:.� �&". •`�;4.:ae ....
i
ua i
1
s
r
d-iSTIRLIN
;'�
. _i . ,
f
s
\�1
_
U O W
Z00 �
Q N �'
mN0- N�
O (O 0r- m (O CD LO M
d CD LO Z O CDV O 0 C)
Z
J
-
U LJL
r p Z Z -
U OpU Or --_:
W I J p J J
r
C� LL LLJ
� Q
LL
ZI2 � UOZ � U _ �, 77
:7c 00OUo � m _--
0
J
m
Z
O
Q
Q
(O O
o U co
0 LU (n>' (c)
W co4t j H
� 0 U)
� W
W m Q r �
= OZ � O � p
Q X CO
N
ZU) W (n %rUZZ
LL
-jaLno (oLnoo
N o co I— 00 CDQ M (O o C) O) d'
O) CM CN r' V N
U r
Z Z
J W
Q
r r �
Y W d W U)
Q U U W
Y Z W O W Z
Z Z � 06 W 06
U r Z }
00w 0W -j
Of Z
�E W m Z Q H U
QOU) O � U) LLJ
LLJ) O= W W Q
0 ZZW = o � � �_
Q � U) �Q
Quj
= M O m r ¢ m Q
ccW LLi o o O O O o O
Q m o 0 0 o o O o
z Q U (fl (c) (o (6 00 0o v
Q Z w O O O C? N N (M
Q co
C) M CM co M
0 coC? C? (I M M M M
> a N N N CN N N N
> Z v v rt d' v v
o Z d C) 0 6 0 0 6 0
UC:) p QLo (nU-) LoU.) LoU)
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JUNE 12, 2001
2. DESCRIPTION OF AGENDA ITEM: SECOND READING—ORDINANCE RZ-28-01 - REZONING
REQUEST BY BENNETT L. DAVID REPRESENTING DR. ROBERT C.TESHER, FOR PROPERTY
LOCATED AT 1991 STIRLING RD.
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE
4. SUMMARY EXPLANATION & BACKGROUND:
The request is to rezone property from IROC (Industrial Research Office Commercial) to C-4
(Commercial).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Ordinance
Survey
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 May 16,
2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date June 5, 2001
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Jason Nunemaker, City Manager
FROM: Laurence Leeds, AICP Director
Growth Management Department
DATE: May 22, 2001
APPLICANT: Robert C. Tesher
REQUEST: Zoning Map Change {Second Reading)
IROC (Industrial-Research-Office-Commercial)
to C-4 (Commercial/Warehouse)
LOCATION: 1991 Stirling Road (Northeast corner of Stirling
Road and S.W. 20th Way)
EXISTING LAND USE: Vacant Bank Building
• LAND USE PLAN
DESIGNATION: Commercial
PROPERTY SIZE: Approximately 0.53 acres
The current zoning designation, Future Land Use Map designation, and existing
land use for the surrounding properties are as follows:
Surrounding Properties:
CURRENT ZONING FUTURE LAND USE
DESIGNATION DESIGNATION
(Existing Land Use
North IROC INDUSTRIAL
Warehouse
East IROC INDUSTRIAL
(Retail)
South IM-1 INDUSTRIAL
(City of Hollywood) Outdoor Storage)
West IROC INDUSTRIAL
Auto Repair)
NATIONSBANK REZONE PZ 051001.DOC
1 of 2
The subject property was annexed into Dania Beach under Broward County M-1
(Light Industrial) zoning in the 1980's. Last year, the property was rezoned to
IROC.
The requested C-4 zoning allows the following:
1) All uses permitted in the less intense commercial districts (C-1, C-2, and
C-3).
2) Warehouse and storage uses within an enclosed building as a permitted
use.
3) The following special exception uses: assembly and light fabrication,
home improvement and contractor shops, automobile, truck, trailer, etc,
display, repair, service, storage, rental and leasing.
Generally, staff objects to small-scale zoning map changes that appear indicative
of spot zoning. Staff is supporting C-4 zoning at this location due only to the
following unique circumstances associated with this property.
1) The adjacent properties are already developed for C-4 type uses (auto
repair to the west, industrial warehouse to the north, and retail to the
east).
2) The subject parcel was originally approved for office use (Barnett Bank).
As such, the most obvious reuse of this site is office, retail, or showroom.
3) The subject parcel is surrounded by fully developed property.
4) Stirling Road in this area is already substantially developed with general
commercial uses (retail, office, restaurant) and heavy commercial uses
(auto repair, warehouse, future service station) associated with C-4
zoning.
Staff's recommendation is based on the presence of all four of the above
circumstances associated with this property.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
NATIONSBANK REZONE PZ 051001.DOC
2of2
SUN- SENTi ., EL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA NOTICE OF PUBLIC HEARING
BOCA RATON, PALM BEACH COUNTY, FLORIDA "CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be
MIAMI MIAMI DADE COUNTY FLORIDA held before the Dania.Beach City Commission on June
' ' 12,2001 at 7:00 PM,or as soon thereafter as possible
Iin the Dania Beach City Commission Room,Adminis
trative Center, 100 West Dania Beach Blvd., Dann
Beach;Florida 33004,for the purpose of hearing and
STATE OF FLORIDA comments which might be made to the following pets
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE tions:
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED resentin -Rezoning request r, Bennett L.David rep
presenting Dr.Robert C.'7esher,for property located a
1991 Stirling Rd.The request is to rezone pr t(
from(ROC(Industrial Research Office Commercial)
tc
WHO,ON OATH,SAYS THAT C-4(Commercial).
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED AN ORDINANCE OF THE CITY OF DANIA BEACH AP
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED PROVING THE REZONING REQUEST FOR PROPERTY LOCATED WITHIN THE CITY OF.DANIA BEACH,FLORIDA
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE AND LEGALLY.DESCRIBED IN EXHIBIT"A%A COPY OI
WHICH IS ATTACHED TO THIS ORDINANCE;CHANGIN(
ATTACHED COPY OF ADVERTISEMENT, BEING A: THE CURRENT ZONING CLASSIFICATION OF THE PROP
ERTY FROM'1ROC'(INDUSTRIAL RESEARCH�OFFICi
COMMERCIAL)TO THE.CLASSIFICATION OF C-4(COM
RZ-28-01 MERCIAL);SUBJECT TO CERTAIN RESTRICTIONS;-PRO
VIDING FOR SEVERABILITY;FURTHER,,PROVIDING FO'i
AN EFFECTIVE DATE
IN THE MATTER OF: EXHIBIT"A":Legal Description=lots 10,;11;12 And.1
Of Block-2,"Hollywood Beach Crest:•-.rAccorrding T
The Plat Thereof Recorded In Plat Book111,,Page 21
RZ-28-01 Public Records Of Broward:County Florida:Less Th
Following Described Property:The South 23.00 Fee
Of Lots 11,12,And 13,Block 2 Of"Hollywood Beac
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE crest" Recorded In 'Bo n 11 Page za of Th
Public Rea cords Of Browardrd County,Florida And Tht
ISSUES OF: Portion of Said Lot 11, Lying southwesterly Of Th
(Chord Of A Circular Curve.-Concave Northeasters.
Having A Radius Of 25.00 Feet And Being Tangent i
6/1,1 10412424 The West Line Of Said Lot 11;And Being Tangent To
Line'23.00 Feet North Of And Parallel With The Sou!
Line Of Said Lot 11.
N.
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER VA-21-01—Variance request by Kevin Guthard,reps,
senting Sheridan.East LLC c/o Trafalgar Associate
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Inc. for property located at approximately 625 Ea
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY the
street,also known as the"Vets Plat,fro
the following code sections:
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, 1) Chapter 26, vegetation Article.IV Landscapin
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Section 26-47(c)-The request is to install a scre(
;wall and vine plantings in lieu of a five foot_perimeb
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, (landscape buffer along the south Iot sine
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF I2) chapter 28,Zoning, Article 6,,Sched0le oi3Off-
treat ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT parkin spaces
ementgunitwThe here2. s spaces
parking spaces per dwelling unit where 2.2 spaces a
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR required.... y
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE The variance requests are in conjuncfiori`with the'pi
posed construction of a 44 apartment unit comple
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID LEGAL DESCIiIPTION:A'PortionOfThesouthwe.stOr
NME7PER. Quarter;Section 2;Township 51 South;Range 42 Ea
Broward County,Florida And Being More,Particula
Described As Follows:Commence At The Southw,
Corner Of Said Section 2;Thence,East on`The Sot
Line Of Said Section 2;!A Distance:Of.834.86 Feet
(SIGNATURE O FIANT) The Intersection,With The Southerly Projection of 1
East Line Of;The'Richart Plat,According To The F
Thereof As'Recoeded'In.Plat Book 150 Pa e125 0f 1
SWORN TO AND SUBSCRIBED BEFORE ME Public Records.Of.Broward County Florida;;;Then
North 00 Degrees 04 Minutes 00 Seconds East On s
ON: 01-June-2001 A.D. Southerly Projection And On'Said East'LIne Of,Th'e
chart Plat A Distance Of-196:43 Feet Tdj66 Point
Beglnningj Thence Continue North 00 Degrees 04'IV
lutes lat A Seconds Easton Said East o.,T Of The Rich
i Plat,rA,Distance,Of.484:82'Feet,To�The Intersect
With TheASoutherly lne Of Lend,Lease,,!at;No:O
SIGNATURE OF NOTARY PUBLIC) According To The Plat-Thereof..Reco corded_tn.r
( S Book'111,'Pa e`44 Of The;Public:Records•Of•Brow
rrrr��'.
B2lI'b8i'a triekland County;Flori a;Thence North 89 Deggrees 49 Minu
• Commission#CC 944074 152 Seconds East On Said Southerly Line Of Lend Le
Plat No.One,A Distance Of.166.54 Feet;Thence So
T- Expires July 24,2004 00 Degrees 02 Minutes'47 Seconds West on'Thew(
;1�p�• Bonded Thru eriy Line Of Said Lend Lease'Plat No.,One A Distal
Atlantic Bonding Co.,Inc. I Of 631.74 Feet To The Intersection:With The Nc
Right-Of-Way Line Of Sheridan Street AMA Line Sr
Feet North of'And Parallel With SaWSouth;Line
(NAME OF NOTARY,TYPED, PRINTED, OR�STAMPED) Section 2;Thence West On Said:North Right-of-t
V/ Line An\D On said Parallel,Line A Distance Of 6
Feet;Thence North 06 Degrees 32 Minutes 06
nnAG
PERSONALLY KNOWN OR Wnc1•1AC
PRODUCED IDENTIFICATION
40