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HomeMy WebLinkAboutO-2007-023 - Amending the future land use plan element of the local comprehensive plan ORDINANCE NO. 2007-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Attorney Keith Poliakoff with the law firm of Becker & Poliakoff, representing the property owner Robert Krilich, Sr. of Oakbrook Realty & Investment, LLC., has made an application to amend the local future land use plan for property generally located at the northeast corner of Stirling Road and Southwest 18`h Street in Dania Beach; and WHEREAS, the City Commission desires to approve such application; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 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 "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That City staff shall .submit this amendment to the Broward County Planning Council for re-certification. Section 5. That 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 on first reading on September 11, 2007. PASSED AND ADOPTED on second reading on September 25, 2007. B ANTIa MAYOR— OMMISSIONER TTEST: LOU E STILSON, C CITY CLERK APPROVED AS TO O AND CORRECTNESS: BY: T OM .S ANSBRO CITY ATTORNEY 2 ORDINANCE 92007-023 EXHIBIT `A' Legal Description: A Portion of the West %2 (W %2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West '/2 (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest %4 (Sw '/4) of the Southeast '/4 (Se V4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) 3 ORDINANCE#2007-023 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance © -Assignment otFlex/ReserveUnib- d Land Use Amendment l8 Plat ❑ Plat Delegation Request❑ Rezoning j1 � 7 ] DabRec'd: ❑ Site Plan J N 1 17007 Petition No.: ❑ Special Exception P 3�, ❑ Spacial Request I ,V1-31-01 ❑ TraMcway Waiver • Variance ❑ vacation Request - - O Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and"Required Documentation'checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s):504233000630 Legal Descriptlon;33-50-42 W 1/2 of SW 1/4 of SW 1/4 of SE 1/4 Less PT IN OR. 3760/15 and Less revised Stirling Road R/W Applicant/Consultant/Legal Representative (circle one) Keith M. PoIiakoff, Esq . Address of Applicant;3111 Stirling Road Fort Lauderdale. FL 33312 Business Telephone: 954-985-4183 Home: Fax; 954-985-4176 Name of Property Owner: Oakbrook Realty b Invest LLC Address of Property Owner: 1000 Royce Blvd. , Oakbrook Terrace, IL 60181 Business Telephone: 305-692-9992 Home: Fax: 305-692-3032 Explanation of Request: Please see attached. ` Prop. Net Acreage: Gross Acreage: 1.74 Prop. Square Footage; 16,000 Existing Use: Vacant Proposed Use: Retail Is property owned individually, by a corporation, or a joint venture? corporation I underst d that site plan and variance approval automatically expires within 12 month i fission approval ursuantto Ordinance No. 2005-040. plies ner signature Prin Name Date APPELICALIT, Q[V$1!l�ZA@1TQR LEGAL REPRESENTATIVE NOTARIZED SIGNATUR! Sworn to and subscribed before me AppllcangConsultant/Representative: This day of 20AI a Signature: Date:G��0 7 B7i! Slgn Nam GLAIR (Print Name) State of( FsbnwDDry 4 8 Keith M. Poliakoff, Esq. TMT.r�""'^"t•�•m'• Becket&Poliakoff,P.A. 3111 Stirling Road Print Name of Notary Fort Lauderdale,FL 33312 Phone: (954) 985-4183 Fax: (954) 985-6814 Commission Expires: Seal: Telephone No. & Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (AppllcanVConsultanVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This. day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. l CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (AppiicanVConsultanf/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporatlon Name: OAKBROOK REAL7 6 INVESTMENTS, LLC This day of 20 Signature: Date: (Print Name) 4, esr6er ign Name of Notary Public (Print Title) state of W Ota")q) Pr t Name of Notary Street Address,City, State and Zip Code �� Janet�.Rka C Se Expiroa November 2l 2007 Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appilcant/ConsultanVRepresentawe) to make and file the aforesaid application. Sworn to and subscribed before me This. day of 20_ Slgnature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. A Fax No. **Each partner must sign. Attach duplicate sheets as required. 3111 Jnrnng Koad Fort Lauderdale,Florida 33312-6525 Br��E�t( I<E1R`'�, ' Phone: (954) 987-7550 Fax: (954) 985-4176 1'V LIAI'VF� US Toll Free: (800)432-7712 V Mailing Address P.O.Box 9057 Lam/ Ft.Lauderdale,FL 33310-9057 f cz ADMINISTRATIVE OFFICE , t; Reply To: 3111 STIRLING ROAD June 11, 2007 a' ! ] Fort Lauderdale FORT LAUDERDALE.FL 33312 A Nell M. Schiller,Esq. 800.432 7712 U.S.TOLL FREE J�'f, 1 I 2007 Direct dial: (954)985-4117 WNhV.BFCNER POLIABOiECOM NSchiller@becker-pollakoff.com I B P@)BECRER�POLIAROfF.COM BY HAND Ms. Corinne Church ~ The City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Land Use and Plat Applications for folio #504233000630 Dear Ms. Church: FLORIDA OFFICES BOCA RATON I am pleased to present a land use amendment and plat applications for the FORT MYERS property that corresponds to folio #504233000630, located in Dania Beach, PORT WALTON BEAN Florida. Included in our application is the following: POLLYWOOD HOMESTEAD a Dania Beach General Development Application— Completed LARGO • Narrative that supports the application MFLBOORNE. • Necessary traffic studies (Sections F — Transportation and G — '.Mass °IAMI Transit) `APLES • A copy of a water— wastewater request from the City ORLA„DO • Broward County Environmental Protection Department (EPD) wetlands SAQASOTA letter IAIIAHA,SFE 0 ALTA/ACSM Land Title Survey NESI PALM BEACH • Proposed plat pages for the property •Aif lllAlLD OFFICES Conceptual site plan for the property eEH,„G • Opinion of Title for the property RANRF:RT Check 411064 totaling $5,065.00 for the land use amendment application AW YOR„ fee ""E • Check #1 1065 totaling $3,192.50 for the plat application fee TEL AVIV Please contact me if you have any questions or require more information. We look forward to working with you on this very exciting project. LEGALAND BUSINESS STRATEGISTS !uwve mnSULtcu.n nr[e Henon..asan.0 ON nF uw BINS 1-xEM'a IIK 01 L IDIRG uw nnMs Ms. Corinne Church June 11, 2007 Page 2 Best regar I V 1, Neil M. Schiller Attachments FTL DB. 1054015_1 CITY OF DANIA BEACH — -- @...3r1;y1 PROJECT SUMMARY Juti 11 zoos for FRONTIER DEVELOPMENT BACKGROUND The subject property encompasses 1.74 acres and is located on the northeast comer of Stirling Road and Southwest 18 Street in Dania Beach. There are no improvements on the property, which consists mainly of trees. The land use of the property is"Parks and Recreation" and the zoning of the property is `Broward County Agriculture-1" (A-1). The property is not platted. REQUEST ' The Applicant seeks to develop the property into a 17,000 square-foot retail facility. In order to do this,the Applicant must plat the property, change the land use to "Commercial" and rezone the property to Commercial-2 (C-2). JUSTIFICATION STATEMENT The commercial real estate market in South Florida continues to remain active, despite'the residential market's cooling. The University of Florida Bergstrom Center for Real Estate Studies released its first quarter Survey of Emerging Market Conditions, which indicated that, "cap rates are expected to rise for strip centers," and the survey identified strip centers as the type of property receiving the most attention from investors.' Further,real estate expert Lewis Goodkin wrote, "for the first time in Florida history, residential developers had outbid the commercial sector for prime parcels. Now, the state's healthy job market and a shortage of new commercial construction are spurring a commercial construction boom in many markets."2 The subject property has not been developed despite the number of trees that are located on the property. There has been a substantial change in the area since the subject property was initially zoned and classified for land use. The area's largest commercial center, Oakwood Shopping Center, was developed in 1988, almost twenty years ago, The parcel directly west of the property has a drive-through fast-food restaurant operating on it and the parcel directly east of the property has an industrial use. The highest and best use for the property would not be agriculture as it is too small to pursue that activity, nor would a park be the highest and best use as there are no residents in a reasonable proximity to the property. The proposed commercial use the Applicant seeks would not only be compatible with the existing surrounding land uses, but would be the highest and best use for the property. 2 http://www.cba.ufl.edu/fire/docs/CRES/survey/mkt_browardcounty.pdf http://www.flondatrend.com/artic le.asp?aID=1891246.8141583.593541.1613271,4596033.482&a1D2=45648&pare ntlD=45645 PROPOSED DEVELOPMENT The Applicant seeks to build a two-story, 17,000 square-foot retail facility. It is envisioned that the first floor would consist of retail space and the second floor would consist of office space. Access to the retail center would be from Southwest 18te Street, so as to not disrupt traffic on Stirling Road.