HomeMy WebLinkAboutO-2000-011 ORDINANCE NO. 2000-011
i AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY NICK ECONOMOS, COED-ECONOMOS
PROPERTIES, INC., FOR PROPERTY LOCATED AT STIRLING RD AND
SW 18TH AVE. WITHIN 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 A-1 (AGRICULTURE) TO
THE CLASSIFICATION OF C-2 (COMMERCIAL), SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the rezoning request filed by Coed-Economos Properties, Inc., for
property legally described in Exhibit "A", a copy of which is attached to this ordinance and which
is located within the City of Dania Beach, Florida, is granted and the property is rezoned from
its present zoning classification of A-1 (Agriculture) to C-2 (Commercial) zoning classification.
Section 2. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
• Section 3. That this ordinance shall take effect upon the recording and filing of the
document identified above in the Broward County Pubilc Records.
Section 4. That this ordinance shall take effect immediately at its time of passage.
PASSED and ADOPTED on first reading on the 8th da of February, 2000.
PASSED and ADOPTED on second re 'ng on 2"d d y of F bruary, 2000.
ICI - COMMISSIONER
ATTEST: ROLL CALL:
/ MAYOR BERTINO - YES
VICE-MAYOR MCELYEA- YES
SHERYLIC' HAPMAW COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI-YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
TH S . AN SBRO
CITY ATTORNEY
ORDINANCE NO. 2000-011
EXHIBIT "A"
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 LAST
DESCRIBED COURSE A DISTANCE OF 412.72 FEET TO THE NW
CORNER OF SAID W 112 OF THE SW 1/4 OF THE SW 1/4 OF THE SE
1/4; THENCE RUN NORTH 89 DEGREES 58 MINUTES AN 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 1/4; 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.
•
ORDINANCE NO. 2000-011
CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
OANW BEACH.FL 33004
9541 924-364b Phone-(964)922-2687 Fax
PETITION FOR REZONING
SATE:
-=7TION RZ- Il C-
' 0 CITY OF 'SANIA BEACH PLANNING AND ZONING SOARD .=.ND DANIA BEACH
COMMISSION. A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEI
REQUESTED BY:
PETITIONER: ,:ea-Economos rooerues. _:c.
LEGAL DESCRIPTION OF SUBJECT PROPERTY: i FOLIO #1 - ;=n0063 t
See ahibit ttached :eretoi
GENERAL LOCATION OF SUBJECT PROPERTY: i'_nz �aa ;Q
-3th Avenue
PRESENT ZONING: REQUESTED ZONING. --z
REASONS 3 JUSTIFICATION FOR REQUESTED REZONING.
he Owner wishes to ieveiop "Hilton Gardens at Stirlinz ?oao". =a Room motel --acil
mica _s a oermittea :,se orcnert•i _-c sae ,;est :na :autn ..re o'ith 6'milar -,ses. resently z3:
,,Note: If more than one zoning classification is requested. please attach complete legal descnpt:
of each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY
COMMISSION
Sworn to and Subscnbewq before me S�OE
gnafURe gtiti
this / %� day of . 19 4Gj D-ECDNO TI INC.
o art _.; ,ac aren,
Nota Public Stag o V ) -96/ south r"edaral Highway 'Site 100
Printed Name of Notar f oi,hL."L%` `^
INNS l A Fi? Street Address. City $Zj htARIE
NOTARYPUBMSrA'•=0 -.;�'+� Roca Raton, Florida 334
Commission Expires 4,.
P �yvr-n+.+.�Lri�yr 6 t) :9^-i 000
Teieonane Numoer
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands descrlbea ab
REZONING. ove in the PETITION FOR REZ0
and that I have authorized 'o make ano file the aforesaid PETITION
Sworn to and suoscribeo before me Signature cf Petitioner
'his ziav of 19
O7a u IC a eF
=rinted Name of Notary treet Address. C;ty State 3 Zip
,-Ommission Expires -eieonone Numcer
Seal:
'C== '%�!Q!` ' /^YI ICT I111Cllp S�wTlrl�l\
nciude with Aopiication:
Sealed Survey Copy of Plat Preliminary Site Plan
Filing Fee: S275.00 for the first acre or fraction thereof. plus$27.50 oer acre for each additional or fraction
Thereof-Plus Retainer for Administrative and Advertising costs.IAs per Ch. -28.Article 9.60.Recovery of
:3sts...,
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on February 22,
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 a request, as follows:
1) VA-83-99: Variance request by Joseph Mancusi from Chapter 28, Zoning, Article 6.21 Schedule of Off-Street Parking
Requirements, to allow for a reduction in the number of parking spaces from 7 to 4; and Chapter 26, Article IV
Landscaping, Section 26-47 Vehicular Use areas to allow a reduction in the depth of the perimeter islands. This
request is in conjunction with a site plan to improve the parking and landscape area for the existing retail business
located at 227 North Federal Hwy., Dania Beach (Downtown Redevelopment District.) Legally described as Lot 12,
less the north 8.00 feet together with the north 49.00 feet of lot 13 in block 1 of"Town of Modelo" Plat Book 'B" Page
49 of the Public Records of Dade County, Florida, less the east 8.00 feet thereof for road right of way. Said lands lying
and being in Broward County Florida.
2) SE-103-99 — Special Exception request by Nick Blount for Florida Power and Light Company for property located at
approximately the north side of SW 36th St. between SW 26th Terr. and SW 30th Ave. (2801 SW 36th St.) to allow for
the construction and operation of an electrical substation by FPL Company. Legally Described as: The east 400 feet
of the west 700 feet of the south one-half (S 1/2) of the southeast one-quarter (SE 1/4) of the southwest one-quarter
(SW 1/4) of Section 20, Township 50 South, Range 42 East, Said lands lying and being in Broward County, Florida.
Containing 273,308 square feet(6.2743 acres, more or less).
3) RZ-88-99 - Rezoning request by Jack Studiale, owner Tropical Acres Restaurant from Residential R-1C / Commercial
B-2 to Commercial C-2 as described in the following ordinance - AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA APPROVING THE REZONING REQUEST BY JACK STUDIALE, FOR PROPERTY LOCATED AT 2500
GRIFFIN RD. WITHIN 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 NORTH 1.31 +/-ACRE PORTION FROM BROWARD COUNTY B-2 (COMMERCIAL) TO C-2
(COMMERCIAL) AND THE SOUTH 1.66 ACRE PARCEL FROM R-1C (RESIDENTIAL) TO THE CLASSIFICATION
OF C-2 (COMMERCIAL) USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
VA-99-99 — Variance request from Chapter 26 Vegetation; Article IV Landscaping - Sec. 26-43. Existing
nonconforming vehicular use areas. Existing vehicular use areas which do not comply with this article shall be brought
into conformity with these regulations when the total square footage of the vehicular use area is increased or
decreased by ten (10) percent and / or when there is a structural addition which increases the total gross floor area of
any existing building on the property more than five hundred (500) square feet. Legally described as a portion of
Tracts 8 & 9, Block 1 of the subdivision of Section 32, Township 50 South, Range 42 East, according to the plat
thereof as recorded in Plat Book 2, page 32, of the public records of Dade County, Florida, more fully described as
follows: Commencing at the Northwest corner of said Tract 8; thence South 0 6' 00"west on west line of said tract 8, a
distance of 35.00 feet to the point of beginning; thence due east a distance of 184.48 feet to a point of curve; thence
on a curve to the right, having a radius of 2236.83 feet, and a central angle of 3 42' 59", an arc distance of 145.09 feet
to a point on the east line of said tract 8; thence south 0 02' 37" west on said east line, a distance of 231.30 feet;
thence south 83 35 15 west a distance of 107.34 feet; thence due west a distance of 63.04 feet; thence south 0 06 00
west, a distance of 100.00 feet; thence due west a distance of 160.00 feet to a point on the west line of said tract 8;
thence north 0 06 00 east, on said west line, a distance of 120.87 feet; thence south 89 56 47 west a distance of 125
feet; thence north 0 06 00 east a distance of 209.25 feet; thence due east a distance o125.00 feet; thence north 0 06
00 east on the west line of said tract 8 a distance of 18.00 feet to the point of beginning. Together with a portion of
tract 8, block 1 of the subdivision of Section 32, Township 50 south, range 42 east, according to the plat thereof, as
recorded in Plat book 2. page 32, of the public records of Dade County, Florida, described as follows: Commencing at
the northeast (NE) corner of said tract 8; thence run south along the east line of said tract 8, a distance of 271.00 feet
to a point of beginning for this description; thence continuing southerly along said east line 120 feet; thence run
westerly parallel to the north line of said tract 8, a distance of 106.82 feet more or less to a point located 222.00 feet
east of the west line of said tract 8; thence run northeasterly 107.41 feet more or less to the point of beginning; and the
east 63.00 feet of the west 223.00 feet of the south 118.00 feet of the north 383.00 feet of tract 8, in block of the
subdivision of Section 32, Township 50 south, Range 42 east, according to the plat thereof, recorded in plat book 2,
page 32 of the public records of Dade County Florida said lands situate, lying and being in Broward County, Florida,
and containing 18,471 square feet or 0.4240 acres more or less.
4) Request by Robert I. MacLaren, Osborne & Osborne, PA& Cheri Lauria, Caulfield and Wheeler, representing Owner,
Nick Economos, Preseident Coed-Economos Properties, Inc.. Property located North of Stirling Road, on the East
Side of SW 18th Avenue and South of SW 1st ST., Dania Beach:
PL-97-99 — Request for preliminary plat approval "Hilton Gardens At Stirling Road" - AN ORDINANCE OF THE CITY
OF DANIA, FLORIDA, APPROVING THE "HILTON GARDENS AT STIRLING ROAD" PLAT, SUCH PROPERTY
BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "HILTON GARDENS AT STIRLING ROAD";
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
RZ-110-99— Request to rezoned the following described parcel from A-1 Agricultural to C-2 Commercial in conjunction
with a proposed 165-Room Hotel. - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY NICK ECONOMOS, COED-ECONOMOS PROPERTIES, INC., FOR PROPERTY
LOCATED AT STIRLING RD AND SW 18TH AVE. WITHIN 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 A-1 (AGRICULTURE) TO THE
CLASSIFICATION OF C-2 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
5) PL-93-99 — Request for preliminary plat approval by Brian Waxman, General Counsel for Lou Gaeta Development Co.
Property located on the Southwest Corner of Griffin and Ravenswood Roads, Dania Beach, FL. The "Gaeta Center"
Plat is being proposed in conjunction with a multi-tenant commercial development on approximately 3.99 acres. - AN
ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "GAETA CENTER" PLAT, SUCH PROPERTY
BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF"GAETA CENTER"; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Information and copies of the proposed petition are available for viewing in the Growth Management Department, 100
West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday -
Friday. 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.
Lou Ann Cunningham
Planning Technician /
Publish February 11, 2000
AGENDA REQUEST FORM
CITY OF DANIA BEACH
4W
AGENDA ITEM NO. 9a .
1. DATE OF COMMISSION MEETING: 2/22/00
2. DESCRIPTION OF AGENDA ITEM: RZ-110-99 REZONING — NICK ECONOMOS,
COED-ECONOMOS PROPERTIES, INC.
3. COMMISSION ACTION BEING REQUESTED:
ADOPT ORDINANCE ON 2ND AND FINAL READING
4: SUMMARY EXPLANATION & BACKGROUND:
2nd READING OF ORDINANCE REZONING PROPERTY LOCATED NORTH OF
STIRLING RD, ON THE EAST SIDE OF SW 18T" AVENUE AND SOUTH OF SW 1ST
STREET. (SEE ALSO PL-97-99 HILTON GARDENS AT STIRLING RD PLAT)
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
ORDINANCE
STAFF MEMORANDUM
REZONING APPLICATION
• LOCATION MAP
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at
their January 26, 2000 meeting
City Commission approved ordinance on 1st reading February 8, 2000
Submitted by:
Laurence G. Leeds, AICP, Director Date 02/15/2000
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: MICHAEL SMITH, CITY MANAGER
THROUGH: LAURENCE G. LEEDS, AICP
GROWTH MANAGEMENT DIRECTOR
FROM: LEIGH R. KERR, AICP
PLANNING CONSULTANT
DATE: FEBRUARY 16, 2000
SUBJECT: PLAT— PL-97-99 AND REZONING RZ-110-99
HILTON GARDENS AT STIRLING ROAD PLAT
APPLICANT: ROBERT MACLAREN, II, OSBORNE & OSBORNE, PA
REPRESENTATIVE FOR COED-ECONOMOS PROPERTIES, INC.
REQUEST: PLAT AND REZONING ASSOCIATED WITH THE
DEVELOPMENT OF A 159 ROOM HOTEL FACILITY
LOCATION: STIRLING RD. AND SW 18T" AVENUE, DANIA BEACH
EXISTING ZONING: A-1 (AGRICULTURAL)
FUTURE LAND USE: COMMERCIAL
PROPERTY SIZE: 29,062 SQ. FT. / 2.9629 ACRES, MORE OR LESS
SURROUNDING
ZONING: IRO to the North, A-1 to the South and East, C-2 to the
West
SURROUNDING
LAND USE: Commercial to the West, Industrial to the North, Parks and
Recreation to the South
The applicant has submitted a request for a rezoning from A-1, Agriculture to C-2,
Commercial for a three (3) acre parcel located north of Stirling Road on the east side of
Southwest 181h Avenue. The applicant has also submitted an application for plat
approval for a 165 room hotel on the subject site. The land use and current zoning
designations for the surrounding properties are:
CMMEMO HILTON GARDENS PLAT.doc
Surrounding Properties:
Current Zoning Land Use
Designation Designation:
North IRO Industrial
East A-1 Industrial
South A-1 Parks & Recreation
West C-2 Commercial
The current land use designation on the subject site is Commercial on the Dania Beach
Land Use Plan. The proposed rezoning is consistent with the underlying Commercial
land use plan designation and the development patterns in the surrounding area.
During the recertification review of the City's Land Use Plan, the Broward County
Planning Council indicated that the hotel use may require the petitioner to submit a
County Land Use Amendment application to the Broward County Planning Council.
Please note the plat depicts an additional twenty-five (25) feet of dedicated right-of-way.
Access to the site will be provided via Southwest 181h Avenue. The exact location of the
access point will be determined at the time of site plan approval. Additional right-of-way
for Southwest 18th Avenue is being dedicated by this plat.
Staff recommendation - Rezoning: Approval.
Staff recommendation - Proposed Plat: Approval, subject to the following
conditions:
1. FAA or Broward County Aviation Division approval prior to building permit.
2. Bond for the above referenced improvements on Southwest 18th Avenue prior to
building permit and construct said improvements prior to Certificate of Occupancy.
3. Provide sidewalks along Southwest 18th Avenue adjacent to the plat. Bond for said
sidewalk improvements prior to building permit and construct improvements prior to
CO.
4. Submission of tax receipts of all parcels included in the subdivision together with a
notarized statement that no liens are imposed on such property. (Section 33-225 of
Article VI. Subdivisions - Zoning Appendix) prior to Site Plan Approval.
Planning and Zoning Advisory Board Recommendation:
Rezoning: Approval.
Proposed Plat: Approval, subject to the above referenced staff conditions.
CMMEMO HILTON GARDENS PLAT.doc