HomeMy WebLinkAboutR-2020-094 City, Invoking Zoning in Progress; Declaring that the City is Considering an Amendment to Its Land Development Regulations to Create a Zoning Overlay District, to Create Article 826 RESOLUTION NO. 2020-094
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, INVOKING ZONING IN PROGRESS; DECLARING
THAT THE CITY IS CONSIDERING AN AMENDMENT TO ITS LAND
DEVELOPMENT REGULATIONS TO CREATE A ZONING OVERLAY
DISTRICT, TO CREATE ARTICLE 826 TO BE ENTITLED "HARGER OAK
HAMMOCK TREE CANOPY OVERLAY" UNDER THE CITY'S LAND
DEVELOPMENT CODE (LDC) OF THE CITY OF DANIA BEACH CODE,
AND APPROVING THE APPLICATION REQUEST (TX-065-20), MADE BY
THE CITY OF DANIA BEACH TO CREATE A ZONING OVERLAY FOR
THE GENERAL VICINITY OF THE RESIDENTIAL LOTS ON SW 36
TERRACE, SW 37 AVENUE AND SW 37 TERRACE, STRETCHING FROM
STIRLING ROAD NORTH FOR APPROXIMATELY 1,280 LINEAR FEET,
TO THE END OF THE STREETS, AND INCLUDES APPROXIMATELY 30
GROSS ACRES AND 74 PARCELS, IN THE CITY OF DANIA BEACH,
FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A,"A
COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;
PROVIDING FOR AN OAK HAMMOCK TREE
CANOPY OVERLAY FOR THE AREA IDENTIFIED IN
ORDER TO PROTECT THE HISTORIC HERITAGE
TREE CANOPY OF THIS OAK HAMMOCK, SUBJECT TO
CERTAIN STANDARDS AND RESTRICTIONS; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida (the "City")
desires to review its existing Land Development Code (the "LDC") to determine if there is a
need to amend the LDC to create an Oak Hammock Tree Canopy Overlay for the area identified
as general vicinity of the residential lots on SW 36 Terrace, SW 37 Avenue and SW 37 Terrace,
stretching from Stirling Road north for approximately 1,280 linear feet, to the end of the streets,
and includes approximately 30 gross acres and 74 parcels, in the City of Dania Beach, Florida,
which property is legally described in exhibit"A," a copy of which is attached to this Resolution;
and
WHEREAS, the City Commission wishes to direct staff to start developing Regulations
for Commission review and adoption as provided in Chapter 28 of the Code of Ordinances of the
City of Dania Beach, Section 670-10 entitled "Review of Permits and Development Orders with
Regard to Zoning in Progress"; and
WHEREAS, the City wishes to place all parties on notice that it is considering amending
its Regulations for the creation of the Oak Hammock Tree Canopy Overlay District, which draft
regulations will be reviewed for compliance with any changes made to the Regulations as
contemplated in this Resolution as of the effective date of this Resolution; and
WHEREAS, adoption of this Resolution at this time is in the best interest of the residents
of the City of Dania Beach, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Recitals. The above recitals are true and correct and are incorporated by
this reference.
Section 2. Zoning in Progress. The City declares that City staff immediately review
and recommend appropriate amendments to the City's Regulations regarding the proposed
Overlay known as the Oak Hammock Tree Canopy Overlay District and whether the adoption of
any supplemental zoning regulations are needed. The proposed amendments to the Regulations,
if adopted, will amend the City Code of Ordinances. Therefore, requests by individuals who
seek a Certificate of Use, Occupancy or a permit for construction for property located in the
overlay district, as identified in Exhibit A, will be reviewed, as of the effective date of this
Resolution, for compliance with the provisions of the proposed amendments to the Regulations.
Zoning in progress shall be in effect for three months, unless extended by the City Commission
as permitted in Section 9.24.1 of Chapter 28 of the Code of Ordinances of the City of Dania
Beach.
Section 3. Public Notice. A copy of this Resolution shall be posted at City Hall
upon its Effective Date.
Section 4. Effective Date. This Resolution shall become effective immediately upon
its adoption.
PASSED and ADOPTED on August 25, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC ' ORI LE ELLEN
CITY CLERK �`� MAYOR
APPRO,VED AlT FO AND CO
THOMAS A B
CITY A Y
2 RESOLUTION#2020-094
EXHIBIT A
LEGAL DISCRIPTION
Folio No. 504231010759 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 S 250 OF E1/2
LESS PT DESC IN OR 8288/127 FOR RD R/W BLK 3
Folio No. 504231010721 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 345 OF
E1/2 BLK 3
Folio No. 504231010768 - REED LAND CO SUB 31-50-42 2-32 D LOT 16 N 105 OF S 450 OF E1/2 BLK 3
Folio No.504231010753- REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 545 OF E1/2 OF TR 16 BLK 3
Folio No. 504231010751 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF E1/2 OF TR 16 BLK 3
Folio No. 504231010765- REED LAND CO SUB 2-32 D 31-50-42 TR 16 N 100 OF S 740 OF E1/2 BLK 3
Folio No. 504231010766- REED LAND CO SUB 31-50-42 2-32 D LOT 16 N 95 OF S 835 OF E1/2 BLK 3
Folio No. 504231010766- REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 930 OF E1/2 BLK 3
Folio No. 504231010758- REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 1030 OF E1/2 BLK 3
Folio No. 504231010722- REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1125 OF E1/2 BLK 3
Folio No. 504231010720-REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF E1/2 BLK 3
Folio No.504231010760- REED LAND CO SUB 2-32 D 31-50-42 LOT 16 E1/2 LESS S 1220 BLK 3
Folio No. 504231010767- REED LAND CO SUB 31-50-42 2-32 D LOT 16 W1/2 LESS S 1220 BLK 3
Folio No. 504231010755-REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF W1/2 BLK 3
Folio No. 504231010752-REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 1125 OF W1/2 OF TR 16 BLK 3
Folio No. 504231010769-REED LAND CO SUB 2-32 D 31-50-42 TR 16 N 95 OF S 1030 OF W1/2 BLK 3
Folio No. 504231010761 -REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 935 OF W1/2 BLK 3
Folio No. 504231010764-REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 835 OF W1/2 BLK 3
Folio No. 504231010762 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 740 OF W1/2 BLK 3
Folio No. 504231010770-REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF W1/2 OF TR 16 BLK 3
Folio No. 504231010763-REED LAND CO SUB 2-32 D 31-50-42 N 100 OF S 545 OF W1/2 OF TR 16 BLK 3
Folio No. 504231010756- REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 445 OF W1/2 BLK 3
Folio No. 504231010741 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 350 OF W1/2 BLK 3
Folio No. 504231010754- REED LAND CO SUB 2-32 D 31-50-42 N 85 OF S 250 OF W1/2 OF LOT 16 BLK 3
Folio No.504231010757- REED LAND CO SUB 2-32 D 31-50-42 BEG SW COR OF LOT 16,NLY 53.01, ELY 71.60
TO POB,CONT ELY 96.61, NLY 112,WLY 97.35,SLY 112 TO POB BLK 3
Folio No. 504231020153- HARGER HILLS 26-41 B LOT 23 N 112.03 OF S 130.03 OF E 73
Folio No. 504231020150—HARGER HILLS 26-41 B LOT 23 N 112 OF S 130 LESS E 73&LESS PT LYING SWLY
OF CHORD FOR 25 RAD ARC,SAID ARC TANG TO W/L LOT 23&TANG TO LINE 53 N OF S/L OF SEC
3 RESOLUTION#2020-094
31,TOGETHER WITH E 1/2 OF PT OF VAUD SW 37 AVE LYING W OF SAID LOT,LESS STIRLING ROAD R/W&
LESS 2 FT BIKEWAY
Folio No. 504231020152-HARGER HILLS 26-41 B LOT 23 LESS S 130,TOGETHER WITH E 1/2 OF PT OF VAC'D
SW 37 AVE LYING W OF&ADJ TO SAID PROP
Folio No. 504231020140-HARGER HILLS 26-41 B LOT 22 LESS N 2530GETHER WITH E 1/2 OF PT OF VAC'D
SW 37 AVE LYING W OF SAID PT OF LOT 22
Folio No. 504231020141 - HARGER HILLS 26-41 B LOT 21,22 N 25 TOGETHER WITH E 1/2 OF PT OF VAC'D SW
37 AVE LYING W OF SAID LOTS
Folio No. 504231020120- HARGER HILLS 26-41 B LOT 20&E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF&
ADJ TO SAID LOT
Folio No. 504231020110- HARGER HILLS 26-41 B LOT 19 TOGETHER WITH E 1/2 OF PT OF VAUD SW 37 AVE
LYING W OF&ADJ TO LOT 19
Folio No. 504231020100- HARGER HILLS 26-41 B LOTS 17& 18 TOG WITH E1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF&ADJ TO SAID LOTS 17& 18 PER O.R.23957/105 BCR
Folio No. 504231020080- HARGER HILLS 26-41 B LOT 16 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF&ADJ TO LOT 16
Folio No. 504231020070-HARGER HILLS 26-41 B LOT 15 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF&ADJ TO LOT 15
Folio No, 504231020060-HARGER HILLS 26-41 B LOT 14 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF&ADJ TO LOT 14
Folio No. 504231020050-HARGER HILLS 26-41 B LOT 13 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE
LYING W OF&ADJ TO LOT 13
Folio No. 504231020040-HARGER HILLS 26-41 B LOT 12&E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF&
ADJ TO SAID LOT
Folio No. 504231020039-HARGER HILLS 26-41 B LOT 11 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF&ADJ TO LOT 11
Folio No. 504231020038-HARGER HILLS 26-41 B LOT 10&W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF&
ADJ TO LOT 10
Folio No. 504231020037-HARGER HILLS 26-41 B LOT 9&W 1/2 OF PT OF VAC SW 37 AVE LYING E OF&ADJ
TO LOT
Folio No. 504231020036-HARGER HILLS 26-41 B LOT 8 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF&ADJ TO LOT 8
Folio No. 504231020032- HARGER HILLS 26-41 B LOT 7 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF&ADJ TO LOT 7
Folio No. 504231020033- HARGER HILLS 26-41 B LOT 6 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF&ADJ TO LOT 6
Folio No. 504231020031 - HARGER HILLS 26-41 B LOT 5 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF&ADJ TO LOT 5
Folio No. 504231020030- HARGER HILLS 26-41 B LOT 4 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF&ADJ TO LOT 4
Folio No.504231020016-HARGER HILLS 26-41 B LOT 3 N 90 TOGETHER WITH W1/2 OF PT OF VAC'D SW 37
AVE LYING E OF&ADJ TO SAID LOT
4 RESOLUTION#2020-094
Folio No. 504231020015- HARGER HILLS 26-41 B LOT 1 N 40,2,3 LESS N 90 TOGETHER WITH W 1/2 OF PT OF
VAC SW 37 AVE LYING E OF SAID LOT
Folio No. 504231020014-HARGER HILLS 26-41 B LOT 1 S 90 OF N 130 TOGETHER WITH W1/2 OF PT OF
VAC'D SW 37 AVE LYING E OF SAID LOT
Folio No.504231020013- HARGER HILLS 26-41 B LOT 1 S 88 OF N 218 TOGETHER WITH W 1/2 OF THAT PT
OF VAC'D SW 37 AVE LYING E OF&ADJ TO SAID LOT
Folio No. 504231020012- HARGER HILLS 26-41 B LOT 1 S 88 OF N 306 TOGETHER WITH W 1/2 OF PT OF
VAC'D SW 37 AVE LYING E OF&ADJ TO SAID LOT
Folio No. 504231020010-HARGER HILLS 26-41 B LOT 1 LESS S 18&LESS N 306&LESS EXT AREA FORMED
BY 25 RAID ARC TANG TO E/L OF LOT 1 &TANG TO A LINE 53 N OF&PARA TO S/L OF SEC 31-50-42
TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF&ADJ TO SAID LOT, LESS THEREFROM
STIRLING RD R/W&LESS 2 FT BIKEWAY
Folio No. 504231040160- STIRLING OAKS ESTATES 77-39 B LOT 17
Folio No. 504231040150-STIRLING OAKS ESTATES 77-39 B LOT 16
Folio No. 504231040140-STIRLING OAKS ESTATES 77-39 B LOT 15
Folio No. 504231040130- STIRLING OAKS ESTATES 77-39 B LOT 14
Folio No.504231040120-STIRLING OAKS ESTATES 77-39 B LOT 12
Folio No. 504231040110-STIRLING OAKS ESTATES 77-39 B LOT 11
Folio No. 504231040100-STIRLING OAKS ESTATES 77-39 B LOT 10
Folio No. 504231040090- STIRLING OAKS ESTATES 77-39 B LOT 9
Folio No. 504231010461 -REED LAND CO SUB 2-32 D 31-50-42 TRACT 7 E1/2 LESS N 1125 AS DESC IN OR
3224/381
Folio No. 504231010479-REED LAND CO SUB 2-32 D 31-50-42 TR 7 W1/2 LESS N 1125 AND TR 8 LESS N
1124.84&LESS W 270 BLK 3 TOG WITH LOT 14 BLK 3 LESS PPA STIRLING OAK EST 77-39 B
Folio No.504231040080-STIRLING OAKS ESTATES 77-39 B LOT 8
Folio No. 504231040070-STIRLING OAKS ESTATES 77-39 B LOT 7
Folio No. 504231040060- STIRLING OAKS ESTATES 77-39 B LOT 6
Folio No. 504231040050-STIRLING OAKS ESTATES 77-39 B LOT 5
Folio No. 504231040040-STIRLING OAKS ESTATES 77-39 B LOT 4
Folio No. 504231040030-STIRLING OAKS ESTATES 77-39 B LOT 3
Folio No. 504231040020-STIRLING OAKS ESTATES 77-39 B LOT 2
Folio No.504231040010-STIRLING OAKS ESTATES 77-39 B LOT 1
Folio No.504231040171 -STIRLING OAKS ESTATES 77-39 B PORTION OF PARCEL A DESC AS COMM NW
COR OF SAID PARCEL,SLY 103,ELY 158.52,NLY 102.98,WLY 157 TO POB AKA: LOT A-1 STIRLING OAKS
ESTATES
Folio No.504231040173-STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM AT NW
COR PAR A,ELY 157 TO POB, CONT E 106.57,SELY 39.87,SLY 77.40,WLY 129.71,NLY 102.98 TO POB AKA:
LOT A-5 STIRLING OAKS ESTATES
5 RESOLUTION#2020-094
Folio No. 504231040174-STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC,D AS,COMM AT SW
COR OF PARCEL A,E ALG S/L FOR 262.37 TO POB,NELY ARC DIST OF 38.67,N 132.600 144.11,SLY 50,ELY
25,SELY 141.03 TO POB AKA: LOT A-4 STIRLING OAKS ESTATES
Folio No. 504231040170-STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC,D AS,COMM AT SW
COR OF PARCEL A,ELY 25 TO POB,CONT ELY 237.37,NWLY FOR 141.03,WLY 50,SWLY 143.40 TO POB AKA:
LOT A-3 STIRLING OAKS ESTATES
Folio No.504231040172-STIRLING OAKS ESTATES 77-39 B PT OF PARCEL A DESC AS BEG SW COR PAR
A,N 157,E 144.12,S 50,W 25,SW 143.40,W 25 TO POB AKA: LOT A-2
RESOLUTION#2020-094