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HomeMy WebLinkAboutO-2000-003 ORDINANCE 2000-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE LAND USE PLAN CHANGE FROM LOW (5) RESIDENTIAL TO OFFICE PARK (OP) PERTAINING TO A PARCEL OF LAND CONTAINING 8.86 ACRES MORE OR LESS LOCATED ON THE SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD ROAD, NORTH OF GRIFFIN RD. AND EAST OF SW 23`d AVENUE EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Wilson Atkinson, President of Griffin Point, Inc., has made an application to amend the local future land use plan and has requested that Dania Beach adopt a land use plan change from Low (5) Residential to Office Park (OP) for the proposed development; and WHEREAS, the City Commission desires to approve said application subject to the following: City Attorney will include a restrictive covenant running with the property as voluntarily agreed upon by Wilson Atkinson, President of Griffin Point, Inc. which pertains to use of the property for Office Park. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM LOW (5) RESIDENTIAL TO OFFICE PARK (OP) PERTAINING TO A PARCEL OF LAND CONTAINING 8.86 ACRES MORE OR LESS LOCATED ON THE SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD ROAD, NORTH OF GRIFFIN RD. AND EAST OF SW 23rd AVENUE EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. 1 ORDINANCE NO. 2000-003 Section 2. 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 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. The staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. This ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re-certification by the Broward County Planning Council. PASSED AND ADOPTED on first reading on the 14t" day of December 1999. PASSED AND ADOPTED on second reading the 25t" ay of January, 2000. -COMMISSIONER ATTEST: ROLL CALL: MAYOR BERTINO - YES SHERYL CHAPMAN VICE-MAYOR MCELYEA - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER ETLING —YES COMMISSIONER MIKES-YES APPROVED AS TO FOR AND CORRECTNESS: BY: fll—) THO �T'�ORNEY J. ANSB O CITYM 2 ORDINANCE NO. 2000-003 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: Leigh R. Kerr, AICP Planning Consultant DATE: December 8, 1999 SUBJECT: LU-28-98 Land Use Change APPLICANT: Griffin Point, Inc., Wilson Atkinson, President REQUEST: Final Adoption Phase - Land Use change from L(5) - Residential to O - Office Park LOCATION: North side of Griffin Road just East of SW 23 Ave. The request is to amend the Comprehensive Plan for the approximately 8.9 acre parcel which is located immediately west of Ravenswood Road and north of Griffin Road from Low (5) Residential (5 du/acre) to Office Park. They indicate the intent of the amendment is to provide a land use that would be more compatible with the area, particularly in light of the flight path of the Fort Lauderdale-Hollywood International Airport and its impact to property in the general area. The aviation activity in the proximity of the site renders the property more suitable for office park rather than residential type uses. The properties to the east are designated Commercial and Medium (16) Residential, and are developed industrial, commercial and multi-family type uses. The property south of the subject is commercial and consistent with the office park designation. To the west is a Low Medium (10) Residential area which is currently a mobile home park. The property to the north is Low (5) Residential, which is separated from the property by Southwest 45`h Street. The petitioner has submitted the analysis of the impacts of the change from the residential use to the office park use. The maximum allowable development under the existing designation is 44 dwelling units. The maximum allowable development under the proposed change is approximately 140,000 square feet of office uses. The analysis for the water and sewer indicates that the flowages will be increased with the Comprehensive Plan amendment. However, there is available capacity for the proposed use. Drainage will be provided for in accordance with the Broward County and South Florida Water Management District rules and regulations. Solid Waste will be provided via the agreement that the City has with Reuter Recycling. There will be an i� increase in solid waste for the site, but the agreement with Reuter Recycling is well within the confines of this increase. The amendment will have a reduced impact on recreation/open space, inasmuch it is a reduction of residential which generates park and recreation demand. Their will also be a reduction in the demand on the school system. The report indicates that there are no impacts to historical or natural resources within the area. The traffic generation by the proposal will increase the traffic generation within the area from 440 trips to 1,879 trips or a 1,439 trip increase. However, the applicant's study of the existing facilities that are planned for the area indicates that adequate capacity will be available to support the future uses and still meet the level of service standards of the City and County Land Use Plans. The applicant indicates the site will pay transit fees at platting and the site is in an urban infill area. In summary, the office use will provide a suitable transition between the more intense commercial/industrial uses immediately adjacent to Ravenswood Road. It would also provide a use that is reflective of the reorientation of land uses along the Ravenswood corridor given the opening of Bass Pro and the expected positive influences that development will have on the community. The office park land use would be more compatible given the airport influences within this general region. The proposal will provide a tax base enhancement to the City, and at the time of zoning and site plan approval, proper buffering and traffic circulation will be required that would ensure compatible transitions to the adjacent land uses. • City Staff Recommendation: Approval of this requested land use change from Low (5) Residential to Office Park. Planning and Zoning Recommendation: Recommendation approval subject to: That the area shown on the preliminary site plan as a courtyard stay where it is in proximity to the building; and, That a note be placed on the plat to restrict it to 140,000 square feet of office. The Broward County Commission approved the amendment at its December 7, 1999 meeting. LRK/ker 9918/GRIFFIN PT s� ITEM 1.9 DECEMBER 14, 1999 REGULAR COMMISSION MEETING 1.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE LAND USE PLAN CHANGE FROM LOW (5) RESIDENTIAL TO OFFICE PARK (OP) PERTAINING TO A PARCEL OF LAND CONTAINING 8.86 ACRES MORE OR LESS LOCATED ON THE SOUTH SIDE OF SW 45TH STREET, WEST OF RAVENSWOOD ROAD, NORTH OF GRIFFIN RD. AND EAST OF SW 28TH AVENUE EXTENDED, IN THE CITY OF DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF ORDINANCE). City Attorney read the title of the ordinance. Shelly Eichner, Calvin, Giordano &Associates, explained that the land use plan amendment was transmitted to Broward County as a small-scale plan amendment and was approved last week by Broward County. The site contains 8.86 acres located on the north side of Griffin Road between SW 23rd Avenue and Ravenswood Road. She explained that the current land use is Low 5 Residential and that a land use change of Office Park is being requested. Ms. Eichner stated that the land use request is compatible with the suurrounding areas and is an appropriate use for the property in light of the expansion of the airport. The properties to the east and south, fronting Griffin Road, are commercial and although property to the north is Low 5, there is separation provided by SW 45t" Street. Further comments related to providing adequate buffering to protect the residents to the north. As part of the Site Plan design, the traffic exiting on SW 45tn Street would be guided so that left turns would be prohibited into the adjacent residential neighborhood and traffic would be forced towards the east and Ravenswood Road. A conceptual Site Plan has been provided in the backup and includes a four-story office building and a three-story office building. The trees will be preserved on the site and the petitioner agrees to limit the level of development when the property is platted and every attempt will be made to retain the courtyard shown on the plan to separate the two buildings. At the time of platting and rezoning, the property will be restricted to Office Park with a note on the plat of 140,000 square feet of office. Commissioner Mikes was concerned that the property may not have been property noticed. Originally, there was an intent to implement a heavy industrial use for the property and asked City Attorney Ansbro if the City could enter into a voluntary agreement so that something be placed on the title of the land to make sure that the property is used as office park. City Attorney Ansbro agreed to work with Ms. Eichner to make the arrangements. Ms.Eichner agreed to cooperate. A motion was made by Commissioner Mikes, seconded by Commissioner Cali, adopting the ordinance on first reading. Vice-Mayor McElyea questioned the reference to SW 28tn Avenue in the ordinance and Leigh Kerr agreed that the title of the ordinance should be corrected to show SW 23rd Avenue. Vice-Mayor McElyea questioned whether there would be any ingress or egress off of 47tn Street into the property. Mr. Kerr advised that the only access would be off of Griffin Road and there would be a controlled access on the northeast corner of the property onto 45tn The motion passed on the following roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor McElyea —yes Mayor Bertino-yes NOTICE OF I PUBLIC HEARING CITY OF DANIA BEACH I S U N — S E N T I N E L NOTICE IS HEREBY'GIV- EN that a public hearing will PUBLISHED DAILY be held before the City FORT LAUDERDAL.Er BROWARD COUNTY, FLORIDA C00at7:o0PM,or January 2000 at 7:30 PM,or as soon BOCA BATON P PALM BEACH COLNNTYs FLC+RIDA there after as possible, in the City Commission Room, Nei I iA M I s D A D E C O U N T Y i FLORIDA !Administrative Center, 100 West Dania Beach Blvd, Dania Beach,Florida 33004, for the purpose of hearing STATE OF FLORIDA i any comments which might be made to a request, as COUNTY 3ROWARCE OF ' / ALM BEACH/DADS Ifollows: 2EFO H D JIGNED AUTHORITY PERSONALLY. APPEARED THEACITY OFNDANIIA 'BEACH, FLORIDA, ADOPT- ING THE LAND USE PLAN f�� CHANGE FROM LOW (5) a •4a s a• a a a. .so }� L N OATH SAYS THAT A T RESIDENTIAL TO OFFICE H SN1E IS A DULY AUTHORIZED REPRESENTATIVE OF THE (PARK (OP) PERTAINING TO A PARCEL OF LAND ED LASSIFIED DEPARTMENT OF THE SUN DAILY. 'CONTAINING 8.86 ACRES NEWSPAPER PUBLISHED IN BR04� RDlPAlM BEACH/DADS COUNTY., Io°RHOSOUTH R LESS LOIDETOF FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENTr EEING A 1SW 45TH STREET, WEST JOF RAVENSWOOD ROAD, NORTH OF GRIFFIN RD. IAND EAST OF SW 28TH NOTICE OF PUBLIC HEARING AVENUE EXTENDED, IN !THE CITY OF DANA BEACH, LEGALLY DE IN T H NE MATTER OF iSCRIBED IN EXHIBIT"A',A COPY OF WHICH IS AT., TACHED TO THIS ORDI- NANCE; PROVIDING FOR LAND USE PLAN CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING IN THE CIRCUIT COURT., WAS PUBLISHED IN SAID NEWSPAPER I FOR Information ndVopiesof the rosetition are THE ISSUES OF available fore iewing in the Growth Management De- C 0, O 1 /1 8 i 1 X A G 1 5 O 5 6 Q partment, 100 West Dania Beach Blvd, Dania Beach, Florida (954) 924-3645 be- AFFIAPNT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A Itween the hours of8:00AM NEWSPAPER PUBLISHED IN ;SAID BROiWARDIPALM BEACHIDADE and 4:oo PM, MPadae may. day. Interested appear at the public hearing RUNTY, FLORIDAo AND THAT THE SAID NEWSPAPER HAS .HERETO.FORE and be heard with respectroposed . ]EN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM EEACHI.DADE 1toInhaecorrdanepwith the Withilities COUNTYs FLORIDAP EACH DAYo AND HAS BEEN ENTERED AS SECOND Act,pearsons needing assis- CLASS MATTER AT THE POST CFFICE IN FLIRT LAUDERDALEP IN SAID iofte to participate in any of these proceedings should FROWARD COUNTY.- FLORIDAe FOR A PERIOD OF ONE -YEAR NEXT AdmnistratveyServices Di' PRECEDING THE FIRST PUBLICATION OF THE ATTACHED CCsPY OF rector, 100 W. Dania Beach ,Blvd, Dania Beach, FL ADVERTISEMENT; AND . AN'FIANT FURTHER SAYS THAT ..HEISHE HAS -33004, 954) 924-3630, at least 7T hours prior to NEITHER PAID NOR PROMISED ANY PERSON o FIRM OR ' CORPORATION' �meetng. Anly Person who decides ANY DISCOUNTS REBATEv COMMISSION CR REFUND FOR THE PURPOSE to appeal any decision by OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID made sion witthh the City the to C aomnymis- mat- ter considered at this meet- NEWSPAPER record of the proceedings ing or hearing will need a land for such purpose may need to ensure that a verba- tim ord o the proceed- ngsrscmade, which record), .• • a r w a a a•a a a••a a •a a•.m a •..a includes the testimony and I -evidene on U;ATUREa OF AFFIAN�T) l appeal Cs to basedich thel January 18, 2000 SWORN TO AND SUBSCRIBED BEFORE ME THIS 18 DAY OF JAhNUARY A.D. 2000 as asaassa �"`m�d�sams�aaa sa a aa C,\c"� (SIGNATURE : p�,, 0 T A R Y Tfak W� °o d: MY COMMISSION#CC638935 EXPIRE o July 20,2001 C BONDED THRU TROY FAIN INSURANCE,INC. a• a a • • a a o• a•a s a • a a a s a • a a a• ••• s a •a •s a a a s.a• �AME OF NOTARY TYPED P INTED OR STAMPED) TE,fRSS1V'N,«Y CALL7T i11Y TL kT�iYT*ea..J:�ta'.s seas • ■ am •aaa • OR , F�RODUCED IDEN IFICATION aaasaasa • aea•a eaa