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HomeMy WebLinkAboutO-2000-050 ORDINANCE NO. 2000-050 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN FOR THE HILTON GARDENS AT STIRLING ROAD PLAT, FROM COMMERCIAL TO RESIDENTIAL 25; ASSIGNING A COMBINATION OF SIXTY (60) RESERVE AND/OR FLEX DWELLING UNITS TO THE PLAT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Future land Use Map designates the Hilton Gardens at Stirling Road.Plat (legally described on Exhibit "A" and referred to hereinafter as the "Plat") for Residential uses, while the city's future Land Use Map designates the Plat for Commercial uses, which designation has not yet been certified by the Broward County Planning council; and WHEREAS, pursuant to Section 163.3187(c), Florida Statutes, the owner of the Plat has requested that the property be redesignated to a Residential use in conformance with the county designation; and WHEREAS, the City has a combination of sixty (60) flex and/or reserve units which can be allocated to the Plat to support the requested Residential 25 designation; and WHEREAS, amending the City's land use map designation from Commercial to Residential 25 will bring it into compliance with the County's land use map designation and produce fewer traffic impacts on the affected roadway links than does the City's Commercial land use designation; and WHEREAS, the Planning and Zoning Advisory Board, sitting as the Local Planning Agency, has considered the request, and recommended that it be granted; and WHEREAS, THE City Commission of the City of Dania Beach, Florida, has conducted a public hearing, in accordance with Section 163.3187(c)3, Florida Statutes, on the proposed Small Scale Amendment; and WHEREAS, based on the recommendation of the Planning and Zoning Board, the staff analysis and the public hearing, the City finds that the amendment of the Future Land Use Map designation for the Plat, from Commercial to Residential 25, is internally consistent with the Comprehensive Plan, and advances the public health, safety and welfare. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. 1 ORDINANCE NO.2000-050 Section 2. That a combination of sixty (60) flex and/or reserve units shall be allocated to the Plat, described in Exhibit "A" Section 3. That the Future Land Use Map designation of the Plat is amended from Commercial to Residential 25. Section 4. That the City Commission authorizes the City Manager to transmit the small scale amendment to the City's Land Use Map to the Broward County Planning Council for recertification. Section 5. That except as amended above, all other provisions of the Comprehensive Plan of the City of Dania Beach, Florida, shall remain in full force and effect. Section 6. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 7. That this ordinance shall be in force and take effect immediately upon recertification of the City's Plan by the Broward County Planning Council. PASSED and ADOPTED on first reading on the 14th day of November, 2000. PASSED and ADOPTED on second reading on the 28T" day of November, 2000. APPROVED: `MAYOR-COMMSSSIONER ROLL CALL: ATTEST: MAYOR MCELYEA- YES VICE-MAYOR BERTINO-YES COMMISSIONER CALI-YES SHERYL , HAPMA COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES ATTEST: SHERYLCHAPMAN ACTING CITY CLERK APPROVED AS TO F RM AND CORRECTNESS: THOMAS, . ANSBRO CITY ATTORNEY i 2 ORDINANCE NO.2000-050 . ORDINAMCE NO. 2004-460 • AN ORDINANCE OF THE CITY OF DANK► BEACH, FLORIDA, ® PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND UGE RAAP OF THE.CITY'S COMPREHENSIVE PLAN FOR THE ® Za HILTON GARDENS AT STIRUN43 ROAD PLAT, FROM COMMERCIAL. TO RESIDENTIAL 23; ASSIGNING A COM131MATION OF SIXTY (60) k RESERVE AND/OR FLEx DWELLING UNITS TO THE PLAT; PROVIDfNG FOR CONFLICTS; FURTHER, PROVIDING FOR AN FECTIVE DATS. ® WHERgAS. the ®mward County Future lend Use Map designam the afire a at Sdaing Road Plat (kKjaly described on Exhibit°A° and reforrod to harolneftar as the °PIen for Residerdial usm, while Wo caty's Caere Land Use Map desiOrratm tt Plat for C uses, which desigrwtlon has not pet been canified by Coup Planning council; and pursuant to Sedan 163,3187(c), Florida Stattdw, the owner af..ft Plat haS nXItmted that the pco r..be redesignated- to a lei .-use conformance vvM the county designation; and VMEREAS, the Ch has a cornMnStlon Of ditty (00) f M -mn&cr re=V0JUft which can be vilacated to the Plat to support.the roquesited Residential 25 ; and WHEREAS, amnQing the City's land use map designation from Ca rr,- Ordal to Residentlai 2S will bring it into cornplimnce kh the County's lend use m8l) and produce ftwer bzfk impacts on th afftcted roadway lints Man does the CRy s Cornrnerciai lmrtd use designation: and WHEREAS, the Planning and ZgNng Advisory Board, sit4ing as tt -Local Planning Planning , has consIdeired the request. and mcommanded that it.be Ol*d;ztW WHEREAS, THE City CornmissIon of the City of Dands Beach, Floride, hoc conducted a pubilc hearing, in accordance with Section 153.3187(c)3, Florida StatuWg, on the praposed Smal Scale Amendmerr, and WHEREAS, based an the recommendation of the Planrdng and Zoning S®Wd. the stall amtp9sis and the public hearing, the City finds that the amendment of F bme Lwd Use Map resignation for the Plat. fr®rn Commercial to Resklendd ZS. Is-i consistent with the Comprehenslw Plan, and advances W® public heE t, sty ard BE IT OIRDA114ED BY THE CITY COMMISSION OF THE CITY OF DANIA SEACK, FLO R1DA. Seation 1. That the foregoing whams clauses are hweby ratt&W and incorparatrid as the te'gislabre intent of this Ordirance. 1 OR®1 1§10•2 , Z� ssba•t t��t6�t.tsS aWS H]b38 t INW 8Z:68 T _ BS -1-.1. mAAE HlA B` :y CALi'-FIELO & WHEELER; 5817501452; MAR 11 3:21 PM; PAGE 3/4 4 Seckn Tit a CMbInedofl of gialy (6o) flex and/or resorve units shall be allocated to tho Plpt, deocrthad In Exhibit "A' Sectloo 3. Thet the FtAure Land Use Map designation of the Plat is amended from Cernmereial to Re8kkW4W 25. a on 4. That Ow City ComrfniGWOn authorizes ttr® Cy Maneger to trans and thv emll scale Efflam&naM to On City's Land Use Map t0 the Brow and County 1263r�drtq Couria for recer2mcadon. Seim S. as sm&jdo above, all other ,provWans of VW Compmhengjw t i�f tl-,;l Ctty of DwJa Beach, Florida, shall remain In full Wce Brld �!®n E, That all oMinglass or peft of ordinances and all reaolutiche or p2rtkV resolutions in G0fdW..wft ft rtlolutlon am repealed to the exUn¢of such con Section 7. T anfirw= shaH Ia In fortes and take effed Irre UPWI t �1 ofCfto Phn by lift Ommod Courft Ptwning Councb. PASSED and ADOPTED on W reader on to 14M dap o4 November, 20W. PASSED and ADOPTED an second mdlng on the Wit' day of Nwernber, 20W. APP D' �YOR- I OPIER ROIL CALL ATTEST: LqAYOR MCELYEA- YES VICE-MAYOR ®ERTIIO-YES COMMISSIONER CAIJ-YES HERYL COMMISSIONER ETLING YES ACTING CITY CLERIC COMMISSIONER MIKES-YES AT EST: l c Whotafte Da ESS fiW PUM aW aftd e2M d t r SHERYl CHAPMAM ACTING COY CLEM APPROVE®A911 TO FPM AID CORRECTWESS: R® CITY ATtOWEY 2 ORDINMCE r ' o � i............... j0 .e. of--_ �_ r--�i—r�-{ .. U-4 P 4 4 --7 L LLJ NVJ) -11INV 10 w -T7 z r-4 x z LLJ • — CITY OF DANIA BEACH SPECIAL MEETING MINUTES PLANNING AND ZONING ADVISORY BOARD Wednesday, October 25, 2000 7:00 P.M. ROLL CALL Present: Staff: Bob Adams Laurence Leeds, AICP, Growth Management Director Jason Dubow Thomas Ansbro —City Attorney Dr. Paul Fetscher Lou Ann Cunningham - Board Clerk Victor Lohmann Richard Seay NEW BUSINESS 1. Approval of Agenda. 2. Approval of Minutes from the September 20, 2000 regular meeting. Motion passed unanimously to continue approval of the minutes to the next meeting. 3. Staff is proposing the approval of the following ordinance pertaining to the land use plan • designation for property located on the east side of SW 18th Avenue, just North of Stirling Road commonly known as the Hilton Gardens site. a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF DANIA BEACH FUTURE LAND USE MAP, CHANGING THE LOCAL LAND USE PLAN DESIGNATION FROM "COMMERCIAL" TO "RESIDENTIAL 25", BY ADDING A COMBINATION OF 60 RESERVE UNITS AND/OR FLEXIBILITY UNITS, AND b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ASSIGNING UP TO SIX (6) ADDITIONAL RESERVE UNITS TO THE SUBJECT PARCEL, GENERALLY LOCATED ON THE EAST SIDE OF SW 18TH AVENUE, JUST NORTH OF STIRLING ROAD. Laurence Leeds, AICP, Growth Management Director gave a summation to the Board. Mr. Leeds stated that the County would not support the proposed "Commercial' Land Use designation. Mr. Leeds is recommending approval of the Ordinance adopting a Land Use Plan amendment that assigns a combination of 60 reserve and/or flexibility units plus what already exists on the property (15 dwelling units) for a total of 75 units, thus allowing 150 hotel rooms. Mr. Leeds further recommended adopting a Resolution assigning up to 6 additional reserve units to the parcel. Mr. Leeds explained that if the City Commission and the Planning Council ultimately approve the ordinance and resolution, these actions will exhaust most or all of the flexibility and reserve units in this flex zone. Attorney Ansbro spoke regarding allocating flex units. Planning and Zoning Advisory Board 1 OCTOBER 25, 2000 SPECIAL MEETING MINUTES Attorney Ansbro suggested having the allotment of flex units expire two years from approval by Commission. Rem MacLaren, attorney, for Hilton Gardens Hotel, stated that his client is ready to start building and will agree with what the Board suggests. The chairman opened the item for public comment, hearing and seeing no one the chairman closed the public hearing. Motion made by Jason Dubow to approve the Ordinance as written by staff, seconded by Paul Fetscher. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Paul Fetscher - yes Motion made by Jason Dubow to approve the Resolution, seconded by Richard Seay. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Paul Fetscher - yes (VOTE: It is the consensus of the Board that the allocation of flex and reserve units will expire in 24 months from the final approval of the City Commission if the Certificate of Occupancy is not issued. Motion made by Jason Dubow to approve the above note, seconded by Richard Seay. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Paul Fetscher - yes Adjourn ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004,(954)924-3630,AT LEAST 72 HOURS PRIOR TO MEETING r Planning and Zoning Advisory Board 2 OCTOBER 25, 2000 SPECIAL MEETING MINUTES SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI MIAMI DADE COUNTY, FLORIDA NOTICE OF DANIPUBLIC NEARING NOTICE IS HEREBY GIVENIthe,BEACH blic hearing will -f.be held before,the Dania Beach City Commission on November-28,2000 at 7:30.PM,or.as soon thereafter as possible,in the Cit Commission Room-Ad min istra- STATE OF FLORIDA tive Center, 100 We. Dania Beach Blvd,.bania Beach, Florida-,33004, for the,purpose•of hearing any,com- COUNTY OF BROWARD/PALM BEACH/MIAMI DADE merits"which might be made to.the following Ordi- nance: a BEFORE T UN I D AUTHORITY, PERSONALLY APPEARED AN ORDINANCE OF THE,CITY OF DANIA BEACH, FLORIDA ADOPTING AN AMENDMENT TO,THE CITY I OF DANIA BEACH FUTURE LAND USE MAP,CHANG-' ING THE LOCAL LAND USE PLAN DESIGNATION WHO, ON OATH, SAYS THAT FROM."'COMMERCIAL" TO "RESIDENTIAL 25', BY H E I ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED 1 ADDING I COMBINATION 60 RESERVE UNITS AND/ OR FLEXIBILITY UNITS. PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED CATION o°F�EkIeHu YBAND/ORFRESERVE.UNITOS IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT TF WILL CONSUMEMOST•ORALL OF THE.FLEXIBILITY AND,RESERVE UNITS IN THIS FLEXIBILITY ZONE. ATTACHED COPY OF ADVERTISEMENT, BEING A: Legal Description:That Portion Of'TheW'1/2Of The Sw'1/4 Of.The.Se 1/4 Of"Section 33, Township 50 South, Range 42 East,Broward County, More Particularly.Descrlbed.As Follows-,Commencing Florida,At The NOTICE FOR PUBLIC HEARING SW Corner Of.The.W.1/2 Of7he+Sw,1/4 Of The Sgwr1/4 Of 443 Minutes/45 fSeconds Section 3ARun longgh Thee West BoundaryLine Of Said W.1/2 Of The Sw 1/4 Of The Sw IN THE MATTER OF: 1/4 Of Te Se 1/4,A Distance Of 255.9TFeet To The Point Of Beginning�Thence Continue On;The Last De- scriliediCourse A Distance'Of 741'2:72'FeeYTo The Nw Residential 25 Corner Of Said W,1/2 Of The Sw 1/4 Of The Sw 1/4 Of The Be 1/4;Thence.Run North 89 Degrees.58 Minutes and 01 Seconds.,East Arid Along The North Boundary 1 Of IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE 111/4,AdD`ista Distance .Thd Sw Fet ToBTheNe CCorner Of Said W 1'/2 Of The Sw 1/2 Of The Sw 1/4'Of The Sw 1/4 ISSUES OF: I Of.The Se 1/4-Thence Run South O Degrees 46 Minutes 52 Seconds West And Along The East Line Of SaicI0 1/ 2 Of The'Sw 1/4.Of The Sw,1/4,Of The Se"1/4,A Dis- tance`Of358.90 Feet,To,A Point;,Thence Run South 83 11/17,1 10127514 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 1.72.0 Feet AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAF Ti The Point of Beginningg. unty Lands situate ai The I City Of Dania,Broward.County.:Florida. Containing PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLOR Su 062 So. Easements ts. est Acres; More omens. i Subject To: Easements. Restrictions, Reservations, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOU,:covenant's,And Rights-bf-Way-Of Record. �Copies'_oV the.proposed petition are available,for PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLOR viewing in the Growth Management Department, too West 6ania Beach Blvd:,rDarna Beach,Florida between EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS,MATTER AT THI the hours of 8:00 AM"and 4:00 PM; Monday-m Friday please call(954)924-3645 for• 'ore Information:Inter POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORI ested parties may appear'at'the public hearing.and be heard with respect to the proposed petition. FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION' In accordance with the Americans With Disabilities ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS TF' he se p oceedings should contact Sheryll Chapman, Administrative Services`Dlrector; 100'W.•Dania Beach HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR I Blvd, Dania Beach,FL'33004,•(954),924-3630,at least CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FC 7.Z hours,prior to meeting. ' Any person who decides to appeal any decision PURPOSE OF SECURI THIS ADVERTISEMENT FOR PUBLICATION IN Si madeby-thecitycommissionwithregardtoanymatter l considered at this meeting or hearing will need arecord NEWSP R. of the proceedings and for such purpose may need to ensure,that a verbatim record of,the proceedings,is d ade,'which`record'includes the.testimony-and evi- Bence upon which the appeal-is to based. Lou Ann Cunningham. IJ!?11anning Technician GN TU OF AFFIANT) wemhec 17,2000 _ SWORN TO AND SUBSCRIBED BEFORE ME ON: 17-Nove ,h r-2000 A.D. 42 (SIG AT RE OF NOTARYPUBLIC) PTy gyp`I. a /araL.6ezak MY COMMISSION H CC638935 EXPIRES ae July 20,2001 BONDED THRU TROY FAIN INSURANCE,INC. (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN J OR PRODUCED IDENTIFICATION NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH 9TICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on v vember 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 the following Ordinance: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF DANIA BEACH FUTURE LAND USE MAP, CHANGING THE LOCAL LAND USE PLAN DESIGNATION FROM "COMMERCIAL" TO "RESIDENTIAL 25", BY ADDING A COMBINATION OF 60 RESERVE UNITS AND/OR FLEXIBILITY UNITS, AND IF APPROVED, THE ABOVE REFERENCED ALLOCATION OF FLEXIBILITY AND/OR RESERVE UNITS WILL CONSUME MOST OR ALL OF THE FLEXIBILITY AND RESERVE UNITS IN THIS FLEXIBILITY ZONE. 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 1/2 Of The Sw 1/4 Of The Sw 1/4 Of The Se 1/4: Thence Run North 89 Degrees 58 Minutes And 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 Irgrees 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 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. Copies of the proposed petition are available for viewing in the Growth Management Department. 100 West Dania Beach Blvd.. Dania Beach. Florida' between the hours of 8:00 a.m. and 4:00 p.m.. Monday — Friday please call (954) 924-3645 for more information. 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 Sheryi 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 Published: November 17, 2000 0 t- T^' P a roo1:50.42-33-00-OW 036 Situs:100 SW 18TH AVE. DANIA FL33004.310t ONE &MWE OvuB G1= SUE(124-481 ,�L SAN-MAR PLAT L: (142- • :l �o u Ra ,. 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DATE OF COMMISSION MEETING: 11/28/00 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING 2ND & FINAL READING - HILTON GARDENS LAND USE PLAN AMENDMENT 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF DANIA BEACH FUTURE LAND USE MAP, CHANGING THE LOCAL LAND USE PLAN DESIGNATION FROM "COMMERCIAL" TO "RESIDENTIAL 25", BY ADDING A COMBINATION OF 60 RESERVE UNITS AND/OR FLEXIBILITY UNITS. 4. SUMMARY EXPLANATION & BACKGROUND: LAND USE PLAN AMENDMENT FROM COMMERCIAL TO RESIDENTIAL 25 (HILTON GARDENS AT STIRLING ROAD PLAT-3.08 GROSS ACRES) STIRLING RD.AND SW 18T"AVENUE., DANIA BEACH The City Commission approved this ordinance on first public hearing November 12, 2000 ® 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Memorandum Ordinance Minutes Public Hearing Notice/Location Map Mailing List 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board approved this request at their October 25, 2000 special meeting Submitted by: Laurence G. Leeds,AICP, Director Date 11/16/00 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: MICHAEL SMITH, CITY MANAGER G. C=- FROM: LAURENCE G. LEEDS, ACIP GROWTH MANAGEMENT DIRECTOR DATE: NOVEMBER 28, 2000 SUBJECT: LAND USE PLAN AMENDMENT "ORDINANCE" FROM COMMERCIAL TO RESIDENTIAL 25, INCLUDING THE ASSIGNMENT OF A COMBINATION OF 60 RESERVE AND/OR FLEXIBILITY UNITS TO THE SUBJECT PARCEL. APPLICANT: ROBERT MACLAREN, 11, OSBORNE & OSBORNE, PA REPRESENTATIVE FOR COED-ECONOMOS PROPERTIES, INC. LOCATION: STIRLING RD. AND SW 18TH AVENUE, DANIA BEACH (HILTON GARDENS PLAT — 3.08 GROSS ACRES) • EXISTING ZONING: C-2 (COMMERCIAL) FUTURE LAND USE: COMMERCIAL Earlier this year, the City Commission approved a zoning change (to C-2 Commercial) and site plan to permit a 156-room hotel. The Local (City) Land Use Plan designation for this parcel had been changed to "Commercial" in 1999, and was working its way through the County Plan amendment process this summer. During their review of the Local Plan Amendment, the applicant was informed that County staff would not support the proposed "Commercial" Land Use designation. It is my understanding this denial was based on the following: 1) Without including the subject parcel, transportation analysis indicated that Stirling Road between SW 18th Avenue and 1-95 would be "overcapacity" by the year 2020. 2) Commercial land use allows light industrial uses that could adversely impact the "Parks and Recreation" parcel to the south. s HILTON GARDENS RESIDENTIAL 25 LUPA 112800.doc • Rather than go to public hearing before the County Commission with a negative staff recommendation, the applicant requested the City investigate an alternative approach more appealing to Planning Council staff. The City Attorney, in discussions with Planning Council staff, suggested the following alternative procedure: 1) Amend the Local Land Use Plan from "Commercial" to "Residential 25" by assigning sufficient flexibility and reserve units to accommodate a 156- room hotel. Under the City Land Use Plan, one (1) dwelling unit is the equivalent of two (2) hotel rooms. 2) This means: a) Adopting a land use plan amendment ("LUPA") ordinance that assigns a combination of 60 reserve and/or flexibility units to the subject parcel, and b) Adopting a resolution assigning up to six (6) additional reserve units to the subject parcel. There are currently 15 "hold-over" dwelling units remaining from the original Residential 5 Land Use Plan Designation. The 15 holdover units, plus the additional 54 reserve and 8 flexibility units allocated by the LUPA ordinance, comes to a total 77 units, or 25 dwelling units per acre (This is consistent with the proposed Residential 25 land use plan designation). By adopting a separate resolution allocating up to six additional reserve units, the total comes to 83 dwelling units. Eighty-three dwelling units will provide in excess of what is required to accommodate a 156-room hotel (83 units x 2 = 166 room/suite hotel). 3) Upon adoption of the LUPA ordinance, the City Commission will transmit it to the Broward County Planning Council for "Recertification" (Recertification is not required for those reserve units allocated separately by resolution). Based on discussions with the City Attorney and Planning Council staff, this seems to be the only methodology the County Planning staff will support (at least at this time) to allow construction of a hotel at this location. County staff indicates the "Residential 25" land use designation is more acceptable from an environmental standpoint and will have less traffic impact than "Commercial" land use. • HILTON GARDENS RESIDENTIAL 25 LUPA 112800.doc If approved by the Commission, this amendment will exhaust most or all remaining reserve and flexibility units in Flexibility Zone 83 (See attached map). STAFF RECOMMENDATION Approve the Land Use Plan Amendment assigning a combination of 60 reserve and/or flexibility units to the subject parcel. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approve the Land Use Plan Amendment assigning a combination of 60 reserve and/or flexibility units to the subject parcel Please note: It is the consensus of the Planning and Zoning Advisory Board that the allocation of flex and reserve units will expire in 24 months from the date of final approval by the City Commission if a certificate of occupancy is not issued. CITY COMMISSION ACTION ON NOVEMBER 14, 2000 Approved the Land Use Plan Amendment assigning a combination of 60 reserve and/or flexibility units to the subject parcel on first reading. Please Note: The assignment of up to six additional reserve units was approved by Resolution on November 14, 2000. HILTON GARDENS RESIDENTIAL 25 LUPA 112800.doc