HomeMy WebLinkAboutR-2000-192 RESOLUTION NO. 2000-192
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
ASSIGNING UP TO SIX (6) RESERVE, UNITS TO THE HILTON
GARDENS AT STIRLING ROAD PLAT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.,
WHEREAS, by separate ordinance, the City Commission amended the City's
Future Land Use Map to designate the Hilton Gardens at Stirling Road Plat (legally
described on Exhibit "A" and referred to hereinafter as the "Plat") for Residential 25 uses,
and assigning a combination of sixty (60) reserve and/or flex units to the Plat; and
WHEREAS, the owner of the Plat has requested the assignment of an additional
six (6) reserve units to the Plat.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the foregoing whereas clauses are hereby ratified and incorporated
as the legislative intent of this Resolution.
Section 2. That up to six (6) shall be allocated to the Plat, described in Exhibit "A."
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on November 14, 2000.
C.K. MCELYEF
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL CHAPM N COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FO M AND CORRECTNESS:
BY: '
THOMA8 J. ANSBR
CITY ATTORNEY
1
RESOLUTION NO. 2000-192
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® — CITY OF DANIA BEACH
SPECIAL MEETING MINUTES
PLANNING AND ZONING ADVISORY BOARD
Wednesday, October 25, 2000
7:00 P.M.
ROLL CALL
Present: Staff:
Bob Adams Laurence Leeds, AICP, Growth Management Director
Jason Dubow Thomas Ansbro—City Attorney
Dr. Paul Fetscher Lou Ann Cunningham - Board Clerk
Victor Lohmann
Richard Seay
NEW BUSINESS
1. Approval of Agenda.
2. Approval of Minutes from the September 20, 2000 regular meeting. Motion passed
unanimously to continue approval of the minutes to the next meeting.
3. Staff is proposing the approval of the following ordinance pertaining to the land use plan
. designation for property located on the east side of SW 18th Avenue, just North of Stirling
Road commonly known as the Hilton Gardens site.
a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN
AMENDMENT TO THE CITY OF DANIA BEACH FUTURE LAND USE MAP,
CHANGING THE LOCAL LAND USE PLAN DESIGNATION FROM "COMMERCIAL"
TO "RESIDENTIAL 25", BY ADDING A COMBINATION OF 60 RESERVE UNITS
AND/OR FLEXIBILITY UNITS, AND
b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ASSIGNING UP TO
SIX (6) ADDITIONAL RESERVE UNITS TO THE SUBJECT PARCEL, GENERALLY
LOCATED ON THE EAST SIDE OF SW 18TH AVENUE, JUST NORTH OF
STIRLING ROAD.
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board. Mr.
Leeds stated that the County would not support the proposed "Commercial' Land Use
designation. Mr. Leeds is recommending approval of the Ordinance adopting a Land Use
Plan amendment that assigns a combination of 60 reserve and/or flexibility units plus what
already exists on the property (15 dwelling units) for a total of 75 units, thus allowing 150
hotel rooms. Mr. Leeds further recommended adopting a Resolution assigning up to 6
additional reserve units to the parcel.
Mr. Leeds explained that if the City Commission and the Planning Council ultimately
approve the ordinance and resolution, these actions will exhaust most or all of the flexibility
and reserve units*in this flex zone. Attorney Ansbro spoke regarding allocating flex units.
Planning and Zoning Advisory Board 1 OCTOBER 25, 2000
SPECIAL MEETING MINUTES
• Attorney Ansbro suggested having the allotment of flex units expire two years from approval
by Commission.
Rem MacLaren, attorney for Hilton Gardens Hotel, stated that his client is ready to start
building and will agree with what the Board suggests.
The chairman opened the item for public comment, hearing and seeing no one the chairman
closed the public hearing.
Motion made by Jason Dubow to approve the Ordinance as written by staff, seconded by
Paul Fetscher. Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - yes
Motion made by Jason Dubow to approve the Resolution, seconded by Richard Seay.
Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - yes
NOTE: It is the consensus of the Board that the allocation of flex and reserve units will
expire in 24 months from the final approval of the City Commission if the Certificate of
• Occupancy is not issued.
Motion made by Jason Dubow to approve the above note, seconded by Richard Seay.
Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - yes
Adjourn
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL
33004,(M4)924-3630,AT LEAST 72 HOURS PRIOR TO MEETING
Planning and Zoning Advisory Board 2 OCTOBER 25, 2000
SPECIAL MEETING MINUTES
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
�v
TICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
ember 14, 2000 at 7:30 p.m., or as soon thereafter as possible, in the 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 Ordinance:
1) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO
THE CITY OF DANIA BEACH FUTURE LAND USE MAP, CHANGING THE LOCAL LAND USE
PLAN DESIGNATION FROM "COMMERCIAL" TO "RESIDENTIAL 25", BY ADDING A
COMBINATION OF 60 RESERVE UNITS AND/OR FLEXIBILITY UNITS, AND
2) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ASSIGNING UP TO SIX (6)
ADDITIONAL RESERVE UNITS TO THE SUBJECT PARCEL, GENERALLY LOCATED ON THE
EAST SIDE OF SW 18TH AVENUE, JUST NORTH OF STIRLING ROAD.
IF APPROVED, THE ABOVE REFERENCED ALLOCATION OF FLEXIBILITY AND/OR RESERVE
UNITS WILL CONSUME MOST OR ALL OF THE FLEXIBILITY AND RESERVE UNITS IN THIS
FLEXIBILITY ZONE.
Legal Description: That Portion Of The W 1/2 Of The Sw 1/4 Of The Se 1/4 Of Section 33, Township 50
South, Range 42 East, Broward County, Florida, More Particularly Described As Follows: Commencing At
The Sw Corner Of The W 1/2 Of The Sw 1/4 Of The Sw 1/4 Of The Se 1/4 Of Said Section 33; Run North 0
Degrees 43 Minutes 45 Seconds East And Along The West Boundary Line Of Said W 1/2 Of The Sw 1/4 Of
The Sw 1/4 Of The Se 1/4, A Distance Of 255.97 Feet To The Point Of Beginning; Thence Continue On The
4 V
t Described Course A Distance Of 412.72 Feet To The Nw Corner Of Said W 1/2 Of The Sw 1/4 Of The
1/4 Of The Se 1/4; Thence Run North 89 Degrees 58 Minutes And 01 Seconds East And Along The North
Boundary Of Said W 1/2 Of The Sw 1/4 Of The Sw 1/4 Of The Sw 1/4, A Distance Of 335.52 Feet To The Ne
Corner Of Said W 1/2 Of The Sw 1/2 Of The Sw 1/4 Of The Sw 1/4 Of The Se 1 W Thence Run South 0
Degrees 46 Minutes 52 Seconds West And Along The East Line Of Said W 1/2 Of The Sw 1/4 Of The Sw 1/4
Of The Se 1/4, A Distance Of 358.90 Feet To A Point; Thence Run South 83 Degrees 06 Minutes 23 Seconds
West, A Distance Of 168.30 Feet To A Point; Thence Run South 79 Degrees 33 Minutes 45 Seconds West, A
Distance Of 172.0 Feet To The Point Of Beginning. Said Lands Situate In The City Of Dania Broward County,
Florida. Containing 129,062 Square Feet / 2.9629 Acres, More Or Less. Subject To Easements, Restrictions.
Reservations, Covenants, And Rights-Of-Way Of Record.
Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West
Dania Beach Blvd., 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 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.
Tanniu Ann Cunningham
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Technician
Published: November 3, 2000
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
_Ve
1. DATE OF COMMISSION MEETING: 11/14/00
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - IT READING
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ASSIGNING UP TO
SIX (6) ADDITIONAL RESERVE UNITS TO THE SUBJECT PARCEL, GENERALLY
LOCATED ON THE EAST SIDE OF SW 18TH AVENUE, JUST NORTH OF
STIRLING ROAD.
4. SUMMARY EXPLANATION & BACKGROUND: LAND USE PLAN AMENDMENT
FROM COMMERCIAL TO RESIDENTIAL 25 (HILTON GARDENS AT STIRLING ROAD
PLAT-3.08 GROSS ACRES) STIRLING RD.AND SW 18T"AVENUE., DANIA BEACH
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Memorandum
Resolution
Minutes
Public Hearing Notice/ Location Map
Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board approved this request at their October 25,
2000 special meeting
Submitted by:
Laurence G. Leeds, AICP, Director Date 10/31/00
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: MICHAEL SMITH, CITY MANAGER
FROM: LAURENCE G. LEEDS, ACIP
GROWTH MANAGEMENT DIRECTOR
DATE: NOVEMBER 14, 2000
SUBJECT: (1) LAND USE PLAN AMENDMENT "ORDINANCE"
FROM COMMERCIAL TO RESIDENTIAL 25, INCLUDING
ASSIGNMENT OF A COMBINATION OF 60 RESERVE
AND/OR FLEXIBILITY UNITS TO THE SUBJECT
PARCEL.
(2) LAND USE PLAN "RESOLUTION" ASSIGNING UP
TO SIX (6) ADDITIONAL RESERVE UNITS TO THE
SUBJECT PARCEL.
APPLICANT: ROBERT MACLAREN, II, OSBORNE & OSBORNE, PA
® REPRESENTATIVE FOR COED-ECONOMOS
PROPERTIES, INC.
LOCATION: STIRLING RD. AND SW 18TH AVENUE, DANIA BEACH
(HILTON GARDENS PLAT — 3.08 GROSS ACRES)
EXISTING ZONING: C-2 (COMMERCIAL)
FUTURE LAND USE: COMMERCIAL
Earlier this year, the City Commission approved a zoning change (to C-2
Commercial) and site plan to permit a 156-room hotel. The Local (City) Land
Use Plan designation for this parcel had been changed to "Commercial" in 1999,
and was working its way through the County Plan amendment process this
summer.
During their review of the Local Plan Amendment, the applicant was informed
that County staff would not support the proposed "Commercial" Land Use
designation. It is my understanding this denial was based on the following:
1) Without including the subject parcel, transportation analysis indicated that
Stirling Road between SW 181h Avenue and 1-95 would be "overcapacity"
by the year 2020.
HILTON GARDENS RESIDENTIAL 25 LUPA 111400.doc
2) Commercial land use allows light industrial uses that could adversely
impact the "Parks and Recreation" parcel to the south.
Rather than go to public hearing before the County Commission with a negative
staff recommendation, the applicant requested the City investigate an alternative
approach more appealing to Planning Council staff.
The City Attorney, in discussions with Planning Council staff, suggested the
following alternative procedure:
1) Amend the Local Land use Plan from "Commercial" to "Residential 25" by
assigning sufficient flexibility and reserve units to accommodate a 156
room hotel (Under the City Land Use Plan, One dwelling unit is the
equivalent of two (2) hotel rooms).
2) This means:
a) Adopting a land use plan amendment ("LUPA") ordinance that
assigns a combination of 60 reserve and/or flexibility units to the
subject parcel, and
b) Adopting a resolution assigning up to six (6) additional reserve
units to the subject parcel.
There are currently 15 "hold-over" dwelling units remaining from the
original Residential 5 Land Use Plan Designation. The 15 holdover units,
plus the additional 54 reserve and 8 flexibility units allocated by the LUPA
ordinance, comes to a total 77 units, or 25 dwelling units per acre (This is
consistent with the proposed Residential 25 land use plan designation).
By adopting a separate resolution allocating up to six additional reserve
units, the total come to 83 dwelling units. Eighty-three dwelling units will
provide in excess of what is required to accommodate a 156-room hotel
(83 units x 2 = 166 room/suite hotel).
3) Upon adoption of the LUPA ordinance, the City Commission will transmit it
to the Broward County Planning Council for "Recertification"
(Recertification is not required for those reserve units allocated separately
by resolution).
Based on discussions with the City Attorney and Planning Council staff, this
seems to be the only methodology the County Planning staff will support (at least
at this time) to allow construction of a hotel at this location. County staff
indicates the "Residential 25" land use designation is more acceptable from an
• environmental standpoint and will have less traffic impact than "Commercial"
land use.
HILTON GARDENS RESIDENTIAL 25 LUPA 111400.doc
If approved by the Commission, this amendment will exhaust most or all
remaining reserve and flexibility units in Flexibility Zone 83 (See attached map).
STAFF RECOMMENDATION
Approval of the:
1) Land Use Plan Amendment Ordinance (allocating up to 54 reserve and
eight flexibility units), and
2) Reserve Unit Allocation Resolution (allocating up to six reserve units).
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval of the land use plan amendment ordinance.
Approval of the land use plan resolution.
Please note: It is the consensus of the Planning and Zoning Advisory Board that
the allocation of flex and reserve units will expire in 24 months from the date of
final approval by the City Commission if a certificate of occupancy is not issued.
s
HILTON GARDENS RESIDENTIAL 25 LUPA 111400.doc