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HomeMy WebLinkAboutO-2000-020 ORDINANCE NO. 2000-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY SHELLY EICHNER OF CALVIN GIORDANO AND ASSOCIATES, REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY LOCATED 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 C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM-3 (MULTI-FAMILY RESIDENTIAL), 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 Shelly Eichner of Calvin Giordano and Associates, representing the Shamrock of Broward, LTD., 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 C-2 (Commerical) to RM-3 (Multifamily Residential) 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 That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed.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. PASSED and ADOPTED on first reading on this 11th day of April, 2000. PASSED and ADOPTED on second reading on this 9th day of May, 2000. C.K. MCELYE MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- NO SHERYC-CHAPMAr4 COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: I _� - N�f THO AS J. ANSBRO CITY ATTORNEY ORDINANCE NO. 2000-020 EXHIBIT 'A' • Legal Description: ALL OF PARCEL A OF THE RICHART PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLATBOOK 150, PAGE 25 OF THE PUBLIC RECORDS OF BROWEARD COUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. • ORDINANCE NO. 2000-020 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on March 28, ®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. SA-82-99 — Sign adjustment request by Thomas Cimaglia/Carousel Antiques for property located at 48 South Federal Highway from Chapter 28, Zoning, Article 28, Signs. 28.160. Downtown Dania Beach Redevelopment District sign regulations. Mr. Cimaglia would like to request that the 3 existing window (neon) signs be allowed to remain. Legal Description: Town of Dania Plat book B, Page 49, D Lots 11 thru 16 less St Rd., Blk 22. 2. SA-101A/B-99 — Sign adjustment requests by Ronald P. and Carol D. Grampa, Grampa's Real Estate Inc., for property located at 17 SW 1st Street also known as "Grampa's Bakery and Restaurant" from Chapter 28, Zoning, Article 28, Signs. Legal Description: (17 SW 1st Street) Lots 22, 23 less the west 4 feet thereof, Block 22, "Town of Modelo" as recorded in Plat Book B, Page 49 of the public records of Dade County Florida, Said Lands lying and being in Broward County, Florida. 3. LUF-108-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing The Shamrock of Broward, LTD., for a small scale land use plan amendment (approx. 2.6091 acres) located east of Southeast 5th Avenue, from Commercial to Low Medium High Density 25 Residential, utilizing 65 flexibility units from Flex Zone 84. RZ-109-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing The Shamrock of Broward, LTD., to rezone an approx. 2.6091 acre parcel located east of Southeast 5th Avenue from Commercial to the proposed R-M(3) zoning district. Legal Description: Parcel A of the Richart Plat, Plat Book 150 — Page 25. 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 330047 (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 March 16, 2000 a=g ' i S`r O V • • • -�. • •�r,{"a� • it• • f _ • . •r�• • . • • • • •�,a. • •..♦♦IV♦OR • • ': MW*M • _ • • • • 7 fr • • ♦.♦♦♦ • • �i •.r • • • • • • •—� ..... 1 .' 1r ••�• • • ♦ • w. • 1 • ♦♦♦♦♦ ' AKOJLOJF Mid/• • • .. • • 1, • •(� ������t�����r�', Mal AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: 05/09/00 2. DESCRIPTION OF AGENDA ITEM: 2ND READING / REZONING RZ-109-99 /SHAMROCK BY THE BEACH 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE -2ND READING Ordinance adopted on first reading at the April 11, 2000 regular meeting 4. SUMMARY EXPLANATION & BACKGROUND: RZ-109-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing The Shamrock of Broward, LTD., to rezone an approx. 2.6091 acre parcel located east of Southeast 5th Avenue from Commercial to the proposed R- M(3)zoning district. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report, Laurence Leeds, AICP, Director Growth Management Ordinance Public Hearing Notice/ Location Map • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. Reviewed and approved for addition on agenda: Planning and Zoning Advisory Board heard this request at their February 16, 2000 meeting. The motion to approve RZ-109-99 passed on a 3-1 vote. Submitted by: Laurence G. Leeds,AICP, Director Date 04/27/2000 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department Leigh R. Kerr, AICP Planning Consultant DATE: May 5, 2000 (Update: May 9, 2000 Commission Meeting) SUBJECT: LAND USE - LUF-78-99 AND REZONING RZ-79-99 APPLICANT: CALVIN GIORDANO AND ASSOCIATES, REPRESENTING THE SHAMROCK OF BROWARD, LTD. • REQUEST: 1) SMALL SCALE LAND USE PLAN AMENDMENT CHANGING SUBJECT PARCEL FROM COMMERCIAL TO MEDIUM HIGH 25 RESIDENTIAL (INCLUDING ALLOCATION OF 65 FLEX UNITS; AND 2) ZONING MAP AMENDMENT FROM C-2 COMMERCIAL TO (PROPOSED) R-M (3) MULTI-FAMILY RESIDENTIAL DISTRICT LOCATION: LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 700 FEET EAST OF SE 5T" AVENUE (DIRECTLY WEST OF EXISTING VETERINARY CLINIC) EXISTING ZONING: C-2 COMMERCIAL PROPOSED ZONING: PROPOSED R-M (3) MULTI-FAMILY (25 UNITS PER ACRE) EXISTING LAND USE: COMMERCIAL PROPOSED LAND USE: MEDIUM HIGH RESIDENTIAL 25 PROPERTY SIZE: 2.6 GROSS ACRES/2.2 NET ACRES SR LU-108-RZ 109b.doc ® SURROUNDING ZONING: RM-2 TO THE NORTH, (PENDING) R-M 3 TO THE EAST, C-2 TO THE WEST, AND CITY OF HOLLYWOOD C-2 TO THE SOUTH SURROUNDING LAND USE: 16 RESIDENTIAL UNITS PER ACRE TO THE NORTH, COMMERCIAL TO THE SOUTH AND WEST, AND 21 RESIDENTIAL UNITS PER ACRE TO THE Land Use Analysis The subject site is situated on the north side Sheridan Street approximately 700 feet east of SE Fifth Avenue. The existing Sheridan Ocean Club, a multi-family residential development designated at 16 units per acre, is located directly to the north. The City Commission recently approved a small scale land use map amendment for the 2.07 acre parcel directly to the east (Sheridan 600 - Trafalgar). The City Commission approved a density of approximately 21 units per acre at this location. This 2.07 acre parcel is the only residential parcel east of SE 5`h Avenue to permit in excess of 16 units per gross acre. All other residential land east of SE 51" Avenue is designated for 16 units per acre. The parcel immediately to the west is the subject of current litigation by FP & L. The applicant indicates the subject parcel consists of approximately 2.6 gross acres (net acreage appears to be 2.2 acres). Residential 25 would permit 65 units based on 2.6 gross acres. This property is located within Flexibility Zone 84 which includes that portion of the City east of the FEC railroad tracks and south of the Dania Cut Off Canal. Presently, there are approximately 231 Flex Units left within Flex Zone 84. After recertification of the recently approved Sheridan 600 (44 units), 187 flex units will remain. The subject amendment requests 65 units which would result in a balance of an approximately 122 flexibility units within Flex Zone 84. Approval of the subject local plan amendment will reduce the amount of flex units available for infill residential and mixed use-development elsewhere in Flex Zone 84 (ie. Downtown). When the City exhausts the inventory of flex units in Flex Zone 84, any subsequent land use plan amendments will required a Broward County Land Use Plan Amendment. This is a 6 to 12 month procedure (depending on the size of the amendment) and requires Broward County Commission approval. While staff continues to investigate other sources for flex units, there is no guarantee if or when additional units will be available. • SR LU-108-RZ 109b.doc Public Facilities and Services The applicant has analyzed the impacts on facilities and services comparing commercial development under existing land use/zoning with the proposed 65 unit multi-family development. Based upon the change in land use/zoning, there would be an increase in demand on sanitary sewer; potable water, and recreation, and a reduction in traffic impact and solid waste demand. Increases on water and sewer demand can be accommodated by existing capacity within the City of Dania Beach. The additional local recreation and open space required for this amendment is less than 0.5 acres. However, the City's existing park acreage exceeds the level of service standard identified in the Comprehensive Plan for park and recreational lands. Applicant's estimate of impact to the school system is four (4) additional students based upon the generation standards established by the Broward County School Board. This includes two elementary students, one middle school student and one high school student. Proposed Residential Density The applicant has submitted a conceptual site plan for three "five story" • buildings. Preliminary review indicates insufficient parking, reliance on compact parking spaces for 25% of the parking spaces (not a good idea in a residential project), and insufficient pervious area (minimum 60% required). This suggests that 25 dwelling units per acre may be excessive for the subject 2.6 acre parcel. In the alternative, Medium Intensity 16 Residential/R-M (2) zoning allows greater opportunity to provide adequate parking, 100% full size parking spaces, pervious area compliance, and more open space. STAFF RECOMMENDATION: LAND USE PLAN AMENDMENT AND FLEX ALLOCATION Staff recommends denial of the requested "local" land use plan amendment to Medium-High (25) Residential (including the allocation of 65 flex units). STAFF RECOMMENDATION: ZONING MAP AMENDMENT Staff recommends denial of the requested zoning amendment to proposed R-M (3) Multi-family Residential. SR LU-108-RZ 109b.doc PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION: ® LAND USE PLAN CHANGE AND FLEX ALLOCATION Motion to approve Medium-High (25) Residential (including the allocation of 65 flex units) fails bV a 2:2 vote. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION: ZONING MAP CHANGE Motion to approve requested zoning amendment to R-M (3) Multi-family Residential approved by 3:1 vote. The motion indicates the P and Z Board supports (by a 3:1 vote) rezoning the property to permit up to 25 units per acre, but disagrees (by a 2:2 vote) on whether flex units should be applied to accomplish this objective. UPDATE (April 11, 2000): The applicant has offered to reduce their density to from 25 to approximately 22 dwelling units per acre. As of this writing (April 4, 2000) the applicant has not submitted any new information, and, the Florida Supreme Court has not yet ruled on the lawsuit relating to the adjacent FPL property. ® Staff will update the City Commission on any subsequent information at the Commission meeting. UPDATE (May 9, 2000): The City Commission voted on April 11, 2000 to: a) approve the land use change to permit no more than 58 flexibility units for the subject parcel, and, b) approve the zoning change from C-2 to RM-3. Any limitation to 58 flexibility units should be part of the land use plan amendment ordinance. The zoning change to RM-3 should be approved without condition. Mr. Chumas (the developer) previously made commitments to double the buffering requirements along the west property line and provide recorded condominium documents prior to issuance of any certificates of occupancy. Mr. Chumas should confirm if this is still the case. Please note that Mr. Chumas has not committed to restricting number of times per year that units may be rented or the length of rentals. SR LU-108-RZ 109b.doc S U N — S E N T I N E L PUBLISHED' DAILY NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH FORT L A U D E R D A L E. B R O W A R D C O U N T Y i FLORIDA NOTICE IS HEREBY GIVEN that a public hearing wl �held before the City Commission on May 9,2000 at B O C A R A T O N. PALM BEACH COUNTY, FLORIDA sic R o soon thereafter as possible,In the City Com Sion Room,Administrative Center,100 West Dania Bi M I A�!I. D A R E COUNTY. FLORIDA Blvd.,Dania Beach,Florida might b for the purpose of h frig any comments which might be made to a reques follows: 1.LUF-108-99-Request by Shelly Eichner of Calvin c STATE OF FLORIDA dano and Associates, representing The Shamroc, Broward,LTD.,for a small scale land use plan amends COUNTY O F B R O W A R D/PALM 3 F A C H/D A D S (approx.2.6091 acres)located east of southeast 5th nue from Commercial to Low yMedium High Densit BEFORE E UNDERSIi�NcD AUTHORITY PERSONALLY APPEaAR�Resiex Zon( AeNtIORDINANCE uti S AMENDING ITHE Fts fromUTURE L USE PLAN ELEMENT OF THE LOCAL COMPREHEN: PLAN OF THE CITY OF DANIA BEACH, FLORIDA . ...-. ®® . .a . ... ■.• - REDESIGNATE BWHO ON OATH 'SAYS THAT DIIUM HGH(5H) APARCEL OF LANDCONTA , HE/SHE IS A DULY THORi2ED REPRESENTATIVE OF THE 1 ACRES SRE A R LESS LOCATED SIDE OF ERIIDN STREET APPROXIMATE CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL. DAILv BLOCK NIABEEACHANDLEGALYVDESCABED"NQEXt A' A COPY OF WHICH IS ATTACHED TO THIS O NEWSPAPER PUBLISHED . IN BROWARD/PALM BEACH/DADE COUNTNANCE•INORDERTO ALLOCATE 58FLEXUNITSFI FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENTr EEI FLEX 26NE 84-PROVIDING THAT ALLPARTSOFOR6NANCESINCONFLICTWITTH THIS C NANCE ARE REPEALED TO THE EXTENT OF SUCH FLICT;FURTHER PROVIDING FOR ANEFFECTIVE D. NOTICE O F PUBLIC HEARING danoR a d Associiaetes, represhentingc The Shamroc Broward,LTD.,to rezone an approx.2.6091 acre p located east of Southeast 5th Avenue from Commerc the proposed R-M(3) zoning district. Legal Descril IN THE MATTER OF Parcel A of the Richart Plai Plat Book 150-Pa AN ORDINANCE OF THE CITY OF DANIA BE FLORIDA APPROVING THE REZONING REQUES SHELLY EICHNER OF CALVIN GIORDAf40 AND A' LUF 1Q8 '�' 99 CIATES REPRESENTING THE SHAMROCK BROWAdD LTD. FOR PROPERTY LOCATED W1 THE CITY bF D;NIA BEACH, FLORIDA AND LEG. IN THE CIRCUIT COURT. WAS PUBLISHED IN SAID NEWSP APE DACHEDTOiTHISORDIfANCE CHANGINGITHEI THE ISSUES O F RENT ZONING CLASSIFICATION OF THE PROP! FROM C-2(COMMERCIAL)TO THE CLASSIFICATIC C I RM-3(MULTI-FAMILYRESIDENTIAL),SUBJECT TO { S OF � �( TAIN RESTRICTIONS;PROVIDING FOR SEVERAB, FURTHER, PROVIDING FOR AN EFFECTIVE DAT Information and copies of the proposed petitio available for viewing in the Growth Management Di A F F I A N T FURTHER SAYS THAT THE SAID SUN—SENTINEL IS (9541 too 24-3645t betwia Beach een the hours of 8 0 Dania0 AMhanc NEWSPAPER ,PUBLISHED IN SAID BR0WARD/PALM EEACH/DARE pub�oday-Friday.Interestedpartiesmayappear C O U N T Y P FLORIDA,, AND THAT THE SAID NEWSPAPER HAS HER public hearing and be heard with respect to the pros ein accordance ® In accordance with the Americans With Disabllitie BEEN CONTINUOUSLY PUBLISHED IN SAID B R O W A R D/P A L K :E E A proceedings should contact Shparticipate y[Chaa man Admit COUPdTYi FLORIDAe EACH DAYi AND HAS BEEN . ENTERED AS S Bea Services Beach, Directorj924°-3 oat least 72hoursp CLASS MATTER AT THE POST OFFICE IN FORT L A U D E R D A L E, I meeting- Anyperson,who decides to appeal any decision mt B R O W A R D C 0 U N T Y i FLORIDA, FOR A PERIOD OF ON E .YEAR NE the City Commission with regard to any matter cons at this meeting or hearing will need a record of th PRECEDING THE FIRST. PUBLICATION OF THE ATTACHED C C P Y ceedings and for such purpose may need to ensure verbatim record of the proceedings is made,which ADVERTISEMENT; AND A F F I A N T FURTHER SAYS THAT H E/SHE I Peal Is stthe testimony and evidence upon which t NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORRApr112a, 2000 --_----- ANY DISCOUNTS REBATED COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. � J (SIGNATURE OF AFFIANT) SWORN TO AND SUOSCRIBED BEFORE ME THIS 28 DAY OF APRIL A.D. 2000 (SIGMAITURE OF NOTARY PU,a; ,JC) ara L.Beak *: M.y COMMISSION A CC638935 EXPIRES c?: July 20,2001 EONOED TH..Rt/TROY FAIN INSURANCE,INC. . . .. .. .. . . ... . . . . .. . . . . . . . . . . .. .. . .. . .... ( NAME OF NOTARY TYPED, PRI�NTTED OR STAMPED ) PERSONALLYKNOW; . . . . . . . . Y. . . . . . . . .. . . OR PRODUCED IDENTIFICATION . . .. . . .. . . .. . . . ..