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Home My WebLink AboutO-2013-005 John Bartley Rezoning (RZ-27-13) ORDINANCE NO. 2013-005 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY JOHN BARTLEY, ON BEHALF OF J. WIELANDT, FOR A REZONING FOR PROPERTY LOCATED AT 20 AND 22 SE 6 STREET IN 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 SOUTH FEDERAL HIGHWAY- MIXED USE(SFED-MU)TO NEIGHBORHOOD-RESIDENTIAL(NBHD-RES), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part 6, Article 645 of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, sets the requirements for rezoning property in the City of Dania Beach; and WHEREAS,the City Planning and Zoning Board, sitting as the local planning agency,has reviewed this Ordinance and made a recommendation to approve the request to the City Commission; and WHEREAS,the City Commission has considered this Ordinance at a duly noticed public hearing according to law; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the rezoning request(RZ-27-13) filed by John Bartley,representing J. Wielandt, for property located at 20 and 22 SE 6 Street in Dania Beach,Florida, is granted and the property is rezoned from the South Federal Highway-Mixed Use(SFED-MU)zoning classification to the Neighborhood-Residential (NBHD-RES) zoning classification, a copy of which request 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 That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed.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 this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on July 23, 2013. PASSED AND ADOPTED on second reading on August 13, 2013. ATTEST: 'I'Zo ZOA,,i,- A LOUISE STILSON, CM ""7 WAL R B. DUKE III CITY CLERK MAYOR FIRST APPROVED AS TO FORM AND CORRECTNESS: _ 7 mo S *RNEY SBRO CITY ATT 2 ORDINANCE#2013-005 EXHIBIT "A" Legal Description LOT 8 AND 9, BLOCK 3, "AMENDED PLAT OF SOUTH DANIA HEIGHTS", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. 3 ORDINANCE#2013-005 CITY OF DANIA BEACH r COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 23, 2013 TO: Robert Baldwin, City Manager VIA: Marc LaFerrier, AICP, Direct FROM: Corinne Lajoie,AICP, Principal Planner, LEED GA 0*6;& '6,1-J SUBJECT: RZ-27-13: The applicant, John Bartley, representing J. Wielandt, is requesting to rezone the property located at 20 and 22 SE 6 Street(FIRST READING). REQUEST REZONING To rezone the property from South Federal Highway-Mixed Use`(SFED-MU) zoning to Neighborhood-Residential (NBDH-RES)zoning. PROPERTY INFORMATION EXISTING ZONING: South Federal Highway-Mixed Use (SFED-MU) LAND USE DESIGNATION: Regional Activity Center(RAC) The subject property is located in the South Dania Heights section of the city, which is east of Federal Highway and north of Sheridan Street. The property currently has four (4) units on the property. On January 10, 2012 the City Commission, at the request of the CRA, rezoned several properties as a way to encourage assembly of properties for redevelopment. The applicant is proposing to build two (2) new single family homes on the property. The current zoning of the property does not permit construction of a single family home. The property to the west is the new AMO union headquarters, and is therefore unlikely to redevelop utilizing the applicant's property. In addition, the property to the east and north are both single family homes. The applicant's request satisfies the rezoning criteria identified in the City of Dania Beach's Land Development Regulations, Chapter 28, Part 6, Section 645-40 as identified below. (1) The request is consistent with the city's comprehensive plan. The property has a land use designation of Regional Activity Center. Therefore, the requested zoning is consistent with the comprehensive plan. (2) The request is consistent with all applicable redevelopment plans, corridor plans, neighborhood plans, and master plans approved by the city commission. The proposed development will be consistent with the intent of the CRA Redevelopment plan by incorporating a porch and building closer to the street than a traditional single family house. (3) The request would not give privileges not generally extended to similarly situated property in the area, or result in an isolated district unrelated to adjacent or nearby districts; and a. The request furthers the city's adopted Community Redevelopment Plan, N applicable; or b. An error or ambiguity must be corrected; or c n9 or That there exists changed changing conditions which make approval of the n9 n9 request appropriate; or d. That substantial reasons exist why the property cannot be used in accordance with the existing zoning; or e. That the rezoning is appropriate for the orderly development of the city and is compatible with existing (conforming) adjacent land uses, and planned adjacent land uses. The request would not give privileges not generally extending to similarly situated property in the area. The request is to develop two single family homes which is consistent with the development to the east and north. In addition, the multi-story AMO union headquaters office building was recently constructed immediately west of the subject property, reducing the probability of property assembly for redevelopment utilizing the applicant's property. PLANNING AND ZONING BOARD RECOMMENDATION On July 17, 2013 the Planning and Zoning heard this item. The Board's recommendation will be presented at the City Commission meeting. STAFF RECOMMENDATION Approve. I CltV of Dania Beach, Florida Department of Community Development Plariining and Zoning Division (954)924-6805 X3"3 (954)922-2687 Fax Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat A Rezoning Date Reed: ❑ Site Plan ❑ Special Exception Petition No.: ❑ Variance ❑ Other. (WEAPAM77M TIWA7M=ffONA4 as3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT LS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENT'S. Refer to the application type at the bop of this form and "Required Docunrenbtion"c heddist to determine the supplemental documents required with each application. For after the fact 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 aty Building Division. For more information please reference the Dania Beach Land Development Code Part 6,Devalopr Ile nt Review Pr+ooedures mW Requirerrrmile. Location Address: O20 cqg sE (0 Wks): Block: 3 Subdivision: Recorded Plat Name: Folio Number(s):5/4o103 M Q 39/ Legal Description: Applicant/Consulta I Represents ch one) J 'e1/ Address of Applicant: V S Business Telephone: 4 9 I Home:4) M-/Si-7.3 Fax: 9627-ISscQ E-mail address: __ 11 Name of Property Owner: : t�L.J i e-I CL r)d 1 T Address of Property Owner: C2 4 3 f�k iff 0z' baa 1 2 8 Lag: Business Telephone: Ham: Fax: Explanation of Request: For PIN&p/e"p vwbLa pwased PNst Aline for Nwbncw pease altaah &ftwf&Jillidogmt as per Sen 625.�I0 a�tilre Lind alerrerbjprnent Co me de. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: It Proposed Use: iYlSuQ1t tam i aQ� 1 of 4 I r 1 owned individually by a corporation, assodationt or joint venture? i/we am fully aware of the request being made to tir^ e City Dania Beach.if I/We are unable to be premant,I/we hereby authorkm (individual/fkm) to represent me/us in all matters related to this i Colin n. I/we hereby acknawledBe that the appikable fee was established to offset administrative cons and is not refundabW I/we are.hilly aware that all approvals automatkelhl ire within 12 rtrondid of City of Dania Beach PlanningMW Zoning Board or City ��approv �� nt to the ration hna listed in Pat 6 of the Dania Beech STATE OF FLORIDA COUNTY OF BROWARD • The foregoing instrument ( / a *) was adorowledged BEFORE ME THIS o�� DAY OF 05 • �= ev: (Print name of person adrnowledging) (Joint owner signature If app�bk) VANE Note N�arn f c.sari a (Sig pona. re of Notary Publ State of •;=Mr ow„An 15,2016 #EE 224501 O _ s°'a rTaM0a0 ft"IAA, p,=opy Iuwwn or Pao&md Identllka�fon ripe or MentlAcstlon produced: br Drillers Llic se *if Joint.ownership, both parties must sign. if partnership, corporation.or assodation, an authorised officer owst e of record on belalf of tlmreu�g as ompa Yn the letter of authorization from the the owrrer'(s . a icathm if an auti orbad agent signs fbr NO APPLICATION WILL BEA UYVMA 77CAU Y SWEDULED FOR A MEETING. ALL APPLICATIONS IM!/ST BE DETERMINED CbII fpLETF BYSTAFF BEFORE PROCESONG 0C1L71RS 2 of 4 MAY 2 9 2013 John Baftley planni'11% 201 SE 22d Ave. ®e pagm, . Dania Beach,Florida 33004 Office:954-927-0793 Fax: 954-927-1950 Cell: 954-448-1873 May 17'b,2013 City of Dania Beach Building,Zoning and Code enforcement 100 W Dania Beach Blvd. Dania Beach,Florida 33004 To whom this may concern: I Joseph Wielandt do hereby authorize John Bartley to represent me in all City matters pertaining to 20 SE St.Folio#514203120391. Sincerely, Jo h Wielandt i i All South Florida Construction Management Inc. 201 SE 2°d Ave Dania Beach,Florida 33004 Office:954-927-0793 Cell: 954-448-1873 July loth,2013 City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,Florida 33004 To whom this may concern: This is a request to rezone 20-22 SE 6d'St. from South Fed Hwy mixed use to Neighborhood residential use. If request is granted we will be building two Single Family Residences instead of multi family units. sin 1 ohn Bartley l U l 1 2 2013 ht American Kritime Officers 601 S.Federal Highway•Dania Beach,FL•33004-4109 40 (954)921-2221 •Fax:(954)920-3257 ISO CERTIFIED Thomas I Bethel N.Gwnd Prwidwt June 25, 2013 City of Dania Beach Building, Zoning and Code Enforcement 100 W. Dania Beach Boulevard Dania Beach, FL 33004 To Whom It May Concern: I, Thomas J. Bethel, do hereby authorize John Bartley to represent me in all City matters pertaining to 20 S.E. 6"" Street, Folio # 514203120391. Sincerely, 1 U l 2013 THOMAS J. BETHEL National President TJB jgb �2 DESCRIPTION: LOT 6.BLOCK 3.-AMM M PLAT OP 5OUrH DANIA W011 t5r.ACCORDING TO THE PUT T1I151tEOP.AS RECORDED IN PUT BOOK G.PAGE 9.OP THE PUBLIC RECORM OP BimWARD COUNTY,MDRIDA. S.E. Gth 5TREET I roftWMY coot W0W PM nA'n I - I a I I caane wv� 50.00' 349.2a NT5 db. I �ar LWMia Z Ll sav a N` P O — j 'JOA' LOf 9 c U7T O LOT 7 as r u ONE STORY u tKxfw - SQ7 MT10 rALM F. ON Oorim I� NOT SEf 50.ot �� mR ar NIwO�QR p h c ALLEY 5w IRON ROD My 2 3� LDPlannina epa ram rmt= �-cmr eo. n new.a.a..a..o..�...�.r..a.R..�..,.n....a�.r��oiowe EImww000tlTY naOOA OGoOoo wre�leem�►eatiweReroiwoeer�csoweeer�woeraswe► A n�elle11011r�eYrOlMe4ellel uetPlR��ele►MOIRIee01ORIwCMaC0i70Ae ew�iee we rarx wra ow►e�rseeeMwrereesew►aarwc eo oae sev. qp, i ee�oeiar1r«leeootiwaIN aaranr e"a 10 ws�fenr�a�ea �errarewe 0 10 ee eVeorst e� Nw N► N mo�oxeeaose�ree�rnae�raeera�awre�afieiewwraRwi�snaener Mnae+�w�oaeerawearrs o�nies .�nre�w SKMH Or BOMADARYS[ARVre jlW5 LAND SURVeYORS _ ein eouumvA 04 MEN =I.-toolinmII�lfllp�l R!!Op AO¢I1 UQ�!I' 1p.7b1 p I i Dt 5CRIPTION: LOT 9.BLOCK 3.'AMENDED PLAT OF SOUTH D NIA MGKT50.ACCORDING TO THE PLAT T}MMOr.A5 RECORDED IN PLAT BOOK G.PAGE 9.OP THE MjDUC RECORDS OF BROWARD COUNTY.PLORIDA. i S.E. 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ONJWC � l110M1IL1�1/0O�l RALlYIOIRM►OUR�►gl�pYPIM. � AROOM7.s ONO O O ebs�s IUD MA ■ �m�■roxo■airriorrue�uNs wr■U■■�■ii llrl►QMAiilld�■� Mnwrv■r■reerlowRw■swsnrn •, we.wra srn'cn Cr £IBBS LAND 5lJRVEYORS e0UND11RYJURV[Y 2I31MCLUMOPe011MA .AM206 imi>tnolline nourreo0.pLS a ffl"S 7=6 asavClu uceem eN>t�s ua vo�e namA RotsaleNl m i NOTICE OF PUBLIC HEARINGS ON LAND DEVELOPMENT CODE AMENDMENTS CITY OF DANIA BEACH,FLORIDA j A Public Hearing will be conducted by the City of Dania Beach City Commission meeting on the following date: DATE: Tuesday,July 23,2013 TIME: 7:00 p.m. or as soon thereafter as the same may be heard PLACE: City Commission Chambers Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach,FL 33004 J. Wielandt is requesting to rezone 1) R�27-13: The applicant, John Bartley, representing req g the property located at 20 and 22 SE 6 Street. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOHN BARTLEY, ON BEHALF OF J. WIELANDT, FOR A REZONING FOR PROPERTY LOCATED AT 20 AND 22 SE 6 STREET IN 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 SOUTH FEDERAL HIGHWAY-MIXED USE (SFED-MU) TO NEIGHBORHOOD-RESIDENTIAL (NBHD-RES), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Legally described as: LOT 8 AND 9, BLOCK 3, "AMENDED PLAT OF SOUTH DANIA HEIGHTS", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 9 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. For more information please call the Planning Division at(954)924-6805 x3643. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. i Please be advised that if a person decides to appeal any decision made by Local Planning Agency, the Planning and Zoning Board or the City Commission with respect to any matter i considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person 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. The city does not provide or prepare such record pursuant to fs. 286.0105. Community Development Department Planning Division Publish: Friday July 12, 2013 sw Ur or LOCATION MAP so s H ST RZ-27-13-Rezoning Vnehncit,Joseph 20&22 SE tith Street III sw arH Sr � l � SE 6TM ST— II Slb LoCa0oe1 �I J00'Radiaa � O ssTrMST- aa i r° F � SI ST 0 Uap Daw by+.=3