HomeMy WebLinkAboutO-2015-012 Koosh at Griffin Rezoning and Flex (RZ-58-13 LUF-65-13) ORDINANCE NO. 2015-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY CRAVEN
THOMPSON AND ASSOCIATES,INC.ON BEHALF OF SDS DEVELOPMENT
AND TRUST, LLC FOR A REZONING(RZ-58-13)AND FLEX ALLOCATION
(LUF-65-13) FOR PROPERTY GENERALLY LOCATED AT 2616 — 2648
GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA; WHICH
PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH
IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL(RD-8000)AND
COMMERCIAL (C-2) TO COMMERCIAL (C-2) AND ASSIGNING A
COMMERCIAL LAND USE DESIGNATION, SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Chapter 28,Part 6,Article 645 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 Advisory 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 with Article 610 of the City's Land Development Code; and
WHEREAS, the City Commission finds that the approval of the proposed rezoning will
protect the public health, safety, and welfare of the residents of the City, and furthers the purpose,
goals, objectives and policies of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the rezoning request (RZ-58-13) filed by Craven Thompson and
Associates, Inc., representing SDS Development and Trust,LLC, for property generally located at
2616-2648 Griffin Road in Dania Beach, Florida, is granted and the property is rezoned from the
Residential(RD-8000)and Commercial(C-2)zoning classification to the Commercial(C-2)zoning
classification, a copy of which request is attached to this Ordinance as"Exhibit B".
Section 2. That the assignment of flex (LUF-65-13) filed by Craven Thompson and
Associates, Inc., representing SDS Development and Trust,LLC, for property generally located at
2616-2648 Griffin Road in Dania Beach, Florida, is also granted and the property land use
designation is changed from Low Medium(10)Residential to Commercial,a copy of which request
is attached to this Ordinance.
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 all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be effective immediately on its passage and adoption
on second reading.
PASSED on first reading on April 28, 2015.
PASSED AND ADOPTED on second reading on May 12, 2015.
ATTEST:
3_ 6')
LOUISE STILSON, CMC A.tALVINO, SR.
CITY CLERK OR
P.R s
APPROVED AS TO F I i CORRECTNESS: G
THOMA J. AN BRO ,
CITY ATTORN Y
2 ORDINANCE#2015-012
EXHIBIT "A"
"Koosh At Griffin"
LEGAL DESCRIPTION
DESCRIPTION:
THAT PART OF TRACT 9 IN BLOCK 1,ACCORDING TO THE"PLAT OF SECTIONS 28,29,
31 AND 32, T.50S, R.42E", AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC
RECORDS OF DADE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER
(N.E.1/4) OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE NORTH
88025'31" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER
(N.E.1/4) , A DISTANCE OF 508.69 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF S.W. 26TH AVENUE; THENCE SOUTH 01°29'13" EAST, ALONG SAID
CENTERLINE,A DISTANCE OF 172.20 FEET;THENCE SOUTH 88°25'31"WEST,PARALLEL
WITH WHEN MEASURED AT RIGHT ANGLES TO SAID NORTH LINE, A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF S.W.26TH AVENUE;THENCE CONTINUE ALONG
THE LAST DESCRIBED COURSE,A DISTANCE OF 125.00 FEET;THENCE SOUTH 01°28'01"
EAST ALONG A LINE 300 FEET WEST OF AND PARALLEL WITH,WHEN MEASURED AT
RIGHT ANGLES TO, THE EAST BOUNDARY OF SAID TRACT 9, A DISTANCE OF 30.17
FEET; THENCE SOUTH 88°25'31" WEST ALONG A LINE PARALLEL WITH, WHEN
MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 01028'01" EAST ALONG A LINE 305' WEST OF AND PARALLEL WITH,
WHEN MEASURED AT RIGHT ANGLES TO, SAID EAST BOUNDARY, A DISTANCE OF
93.63 FEET; THENCE SOUTH 88025'31" WEST ALONG A LINE 296 FEET SOUTH OF AND
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE, A
DISTANCE OF 188.99 FEET; THENCE NORTH 01°21'05" WEST ALONG A LINE 165 FEET
EAST OF AND PARALLEL WITH,WHEN MEASURED AT RIGHT ANGLES TO,THE WEST
LINE OF SAID NORTHEAST ONE-QUARTER (N.E.1/4), A DISTANCE OF 155.00 FEET;
THENCE SOUTH 88025'31" WEST ALONG A LINE 141 FEET SOUTH OF AND PARALLEL
WITH, WHEN MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE,A DISTANCE OF
10.00 FEET; THENCE NORTH 01°21'05" WEST ALONG A LINE 155 FEET EAST OF AND
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, SAID WEST LINE, A
DISTANCE OF 106.00 FEET;THENCE NORTH 88°25'31"EAST ALONG THE SOUTH RIGHT
OF WAY LINE FOR GRIFFIN ROAD, SAID LINE LYING 35 FEET SOUTH OF AND
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE, A
DISTANCE OF 298.37 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO
THE RIGHT; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE
3 ORDINANCE#2015-012
ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET,THROUGH A CENTRAL ANGLE
OF 90°05'16", FOR AN ARC DISTANCE OF 47.17 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01029'13" EAST, A DISTANCE OF 107.15 FEET TO THE POINT OF
BEGINNING, THE LAST TWO (2) DESCRIBED COURSES LYING ALONG THE WEST
RIGHT OF WAY LINE OF S.W. 26 AVENUE.
SAID LANDS LYING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA
AND CONTAINING 67,048 SQUARE FEET(1.539 ACRES), MORE OR LESS.
4 ORDINANCE#2015-012
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My of Dania Beach,Florida
Department of Community Development
Planning and Zoning Division
(954)924-SM X3643
954 922-2687 Fax
Standard Development Application
Isciff
O Administrative Variance DEC i 2 2013
O Land Use Amendment
O Plat
■ Rezoning Date Redd: plannina
v Site Plan 9 rtt'i' e '
O Spacial Exception Petition Na
(3 Variance
O Other. (su3prurarneav ffff5==W0NPAdW3l4)
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the bop of this form and "Required
Documentation"checklist 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 City Building Division. For more information please reference the Dania Beach Land Development
Code Part 6,Development Review Procedures and Requirements.
Location Address: 2648—2a16 GRIFFIN RD(6 parcels)
Loks): 0 Block: 1 Subdivision:
Recorded Plat Name: Reed Land Co Subdivision, PB 2-32 OCR
Folio Number(s): see attached Legal Description: see attached
Applka nsultan gal Representative(drda one) Craven Thompson &Associates, Inc.
i
Address of Applicant: 3563 NW 53 Street, Fort Lauderdale, FL 33309
Business Telephone: 054-739-6400 home: Fax:
E-mail address:
Catherine Donn: edonn@craventhompson.com
Name of Property owner: SDS Development and Trust, LLC c/o Sharon Sharaby
i
Address of property Owner: 5256 SW 38 AVE, FORT LAUDERDALE FL 33312 !
Business Telephone: (954)394-B615 Home: Fax:
Explanation of Request:
Koosh at Griffin (replat)
For PIW&pAse Pmvkde prapasad Plat N mme for Vahlaaes pbe attadr Q108da 9==gt as per
Secfty d25;40 arthe Lend Cadh
1.59 2.25? 35,000
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Use: Proposed Use: Commercial (C-2)
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COMPLIANCE WITH SECTION 645-40,CITY OF DANIA BEACH f ODE
REVIEW CRITERIA FOR REZONING APPLICATION FOR OLC 12 i013
PROPERTY LOCATED AT 2648-2616 GRIFFIN ROAD
P' nning
% tment
(A) An application for a rezoning shall be reviewed in accordance with the following 7
criteria:
(1) The request is consistent with the city's comprehensive plan.
The Applicant's rezoning request is for a change in zoning from
Residential R-D 8000 on the portion of the property lying south of the
portion currently zoned C-2 to Commercial C-2 zoning. Therefore the
entire site will be zoned C-2. The City's comprehensive plan
currently reflects a low medium residential designation on the
portion zoned Residential R-D 8000.
i
The City's Future Land Use Element permits office and/or retail sales
of merchandise or services within areas designated for residential '
use on the Future Land Use Map so long as no more than 511/0 of'the
area designated for residential use on the Future Broward County
Land Use Plan Map within a flexibility zone is used for offices and/or
neighborhood retail sales of merchandise or services. Additionally,
the added contiguous area used for offices and/or retail sales may
not exceed 10 acres. The Applicant has been advised that the
property lies within Flexibility Zone 81 and that there is capacity
within that zone for permitting the commercial uses that are the i
subject of the rezoning Application. The Application is therefore
consistent with the City's Comprehensive Plan, including the Future
Land Use Plan Element.
Moreover, the proposed rezoning is consistent with Article IV,
Requirements for Future Land Use Goals, Objectives and Policies,
Policy 1.2 Commercialized activities will be provided to serve the
residents of the community, and Policy 5.1 Encourage development
to enhance the tax base of the community.
(2) The request is consistent with all applicable redevelopment plans, corridor
plans,neighborhood plans,and master plans approved by the city commission.
The Griffin Road Corridor Redevelopment Community Charrette
Summary .Report prepared for the City of Dania Beach by the
Broward Smart Growth Partnership dated June, 2009 is applicable to
the proposed rezoning. As stated within the Report: "Griffin Road is
a major thoroughfare in Dania Beach....and connects major federal
and state roads (Federal Highway/US 1 and State Road 71"1) as well
as interstate highways (1-95 and Turnpike) and Broward County's
primary airport(Fort Lauderdale►Hollywood international),"
The Report also observes that "the roadway [Griffin Road] does not
take advantage of high traffic counts. Other than scattered retail
shops and restaurants, passersby have few reasons to stop within
the district." Further the Report states that "Residents are also
leaving the area to satisfy many of their basic needs. Without any
financial institutions and few retail shops, locals are taking and
spending their money outside of the corridor. The district's capital
leakage (money leaving the area) combined with the corridor's
failure to attract capital (money coming into the area) is [sic] both
major challenges to the economic stability of the district."
The proposed rezoning will accommodate the very uses that are
detailed in the Report as needed for the Griffin Road corridor in
order to improve deteriorating economic and demographic
conditions, vacant Iota, and other negative conditions. The intent of
the rezoning is to provide retail and commercial uses that will draw
customers into the area and serve the needs of residents within the
neighboring residential areas as well as visitors using the major
transportation networks and the airport Proposed development
within the area proposed to be rezoned will also provide services
and retail facilities to users and guests of the expanding number of
hotels that are being constructed along the Griffin Road corridor.
The provision of convenient and necessary amenities including retail
uses, restaurants, and banking institutions in the nearby vicinity will
capture the business . of those visitors utilizing the newly
constructed hotels.
(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.
4
Generally, the zoning and land use maps of the City provide for a
commercial corridor along the south side of Griffin Road from
approximately I-95 to S.W. 31st Avenue. This requested rezoning
further implements the goal of the City to provide commercial and
retail facilities meeting the needs of the residents and visitors to the
area, and is consistent with the objectives of the City's
Comprehensive Plan and Land Development Regulations.
2
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a. The request furthers the city's adopted Community Redevelopment Plan, if
applicable.
The City's Community Redevelopment Plan does not cover the area
subject to the rezoning Application.
b. An error or ambiguity must be corrected.
Not applicable. j
c. That there exists changed or changing conditions which make approval of the
request appropriate.
Please see the above explanations relating to changing conditions
along the Griffin Road corridor and associated recommendations.
The evolving nature of uses along the Griffin Road corridor includes
hotels and commercial facilities to accommodate residents and
visitors to the area as well as users of the Fort Lauderdale/Hollywood
International Airport. The Application requests a rezoning necessary
to provide commercial and retail facilities in response to such
changing conditions.
d. That substantial reasons exist why property the ro cannot be used in accordance
with the existing zoning.
A review of the uses within the C-2 district of the City's Land
Development Regulations reveals that the types of businesses
consistent with the demands of the area can be accommodated in
the C-2 zoning district In order to have a fully functioning retail
center that will reasonably accommodate the needs of proposed
users, the entire 2.25 acre parcel, including the currently zoned
residential parcel, must be zoned for commercial uses. Moreover,
the portion of the property located within the area included in the
residential land use category and zoning district is necessary for
inclusion in a proposed redevelopment plan for the area in order to
provide sufficient parking and traffic circulation and to implement a
development plan superior to a traditional "strip" shopping center.
e. That the rezoning is appropriate for the orderly development of the city
and is compatible with existing (conforming adjacent land uses and plan
adjacent land uses).
Please see the responses above. To the east of the property
proposed to be rezoned is the Tropical Acres Restaurant. There is
also a bar and mechanic's shop located nearby. Certainly, the
proposed rezoning will permit development which will complement
,
3
and enhance the commercial development along the Griffin Road
corridor. The existing commercial uses discussed above have
residentially zoned properties behind them to the south of Griffin
Road. The proposed rezoning will accommodate development i
consistent with existing uses.
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