HomeMy WebLinkAboutO-2003-010 Rezoning Shamrock of Broward, LTD. ORDINANCE NO. 2003-010
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY CALVIN GIORDANO AND ASSOCIATES,
REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY
LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF
THE WALGREEN'S DRUG STORE 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) INCLUDING THE ASSIGNMENT OF 87 FLEX UNITS,
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 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 on the north side of Sheridan
Street, east of Walgreen's Drug Store 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 this rezoning request includes the assignment of 87 flexibility units
as permitted and regulated by the City of Dania Beach Comprehensive Plan and the Broward
County Land Use Plan.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 4. 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 12th day of February, 2003.
PASSED and ADOPTED on sec on this 12th day o rch, 2003.
BERT H. CHUNN, JR.
M YOR-COMMISSIONER
ATTEST: R LL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA- YES
COMMISSIONER MIKES- YES
dCHHNSON VICE-MAYOR FLURY- YES
CITY CLERK MAYOR CHUNN- YES
1 ORDINANCE NO. 2003-010
APPROVED AS TO FO M AND CORRECTNESS:
BY:
THOM Sll,ANSMLO
CITY ATTORNEY
•
2 ORDINANCE NO. 2003-010
EXHIBIT `A'
Legal Description:
The east one-half of the Southwest one-quarter of the Southwest one-quarter of the
Southwest one quarter of Section 2, Township 51 South, Range 42 East, less the South
50 feet thereof; said lands situate, lying and being in Broward County, Florida.
•
3 ORDINANCE NO. 2003-010
CITY OF DANIA BEACH GROWTH MANAGEMENT'DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
DANIA BEACH,FL 33004
(954)924-3645 Phone—(954)922.2687 Fax
,. / PETITION FOR REZONING
DATE: (9/�s /D Z. PETITION RZ-3$"d2
TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY
COMMISSION, A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY
REQUESTED BY:
PETITIONER: S PPAM &0 e,* ®�-` �2 O R,4AA D uC-
LEGAL DESCRIPTION OF SUBJECT PROPERTY:(FOLIO#) —_
St y 5 W S t.0 Y* 7, s s 4457T
GENERAL LOCATION OF SUBJECT PROPERTY: Skexi
PRESENT ZONING:-C- ?-- REQUESTED ZONING:
REASONS&JUSTIFICATION FOR REQUESTED REZONING:
L A go..^ r l do Q' - wac reserved '®r EPL A ® aA4 iS
( o e: f ore tRo nin cssif?rze
�i�'requbs`Ca�'�1eas c p t al ion
ekft
�ach zoning classification req ested.) Wl.rn PX C.' p►�g a G�1 a tJva�A�d
C Y�y�4 Ift.l @, , ® bo 4'I Z2c t - %e c�+
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY
COMMISSION
Sworn to and subscribed efore me Signature o Petitioner(Also Print Name)
this_1JW day of —20 o Z S � -
® L. .
Not u Ic t to f
Prin - am Street Address, City State&Zip
WZM A Aa --
Co issi -sfot�og _ off"). Y S 00 F gPf) Z
Sea AAYmmfkO Con BOw Jun 13,21� Telephone Number and Fax Number
Commiol#C
WH F THE SUBJECT PROPERTY,PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR
REZONING and that I have authorized S N&yArar.l-tRYOWo.A LLC to make and file the aforesaid
PETITION FOR REZONING.
Sworn to nd subscribed 4efore me Signatur of Owne (Air Print Name)
this fh dayof— 19 !.OD
11
Notary Public Sta ) Foe , -oi-may °J e �`^-e� '�'1"r
Printed Name of No NO'1'ARYS Street Address,City State&Zip
7aov N r,J a s6y4�1`--
Commission Exp' Al RIDA Telephone Number and Fax Number
Seal: NNO.Dp
EXP. y �l S 4 - Sal-�o`/°
(FEE AND CHECKLIST INFO
Include with Application:
Soelod Survey_ Copy of Plot— Pmliminary aka Plan
Filing Fee: $275.00 for the first acre or fraction thereof,plus$27.50 per acre for each additional or fraction thereof
-Plus Retainer for Administrative and Advertising costs.(As per Ch.28,Article IIA0.Recovery of costs...)
Minimum Deposit Required: 15,000.00
I `
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 12,2003
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -RZ-38-02 REZONING
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING
REQUEST FOR ZONING CHANGE FROM C-2 (COMMERCIAL)RM-3 (Multi-family residential)
(Continued from February 25, 2003 Regular Meeting.)
4. SUMMARY EXPLANATION & BACKGROUND:
REZONING REQUEST BY CALVIN GIORDANO &ASSOCIATES, REPRESENTING
SHAMROCK OF BROWARD, LTD. FOR PROPERTY LOCATED ON THE NORTH SIDE OF
SHERIDAN STREET DIRECTLY EAST OF WALGREEN'S DRUG STORE.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Ordinance
Rezoning Application
Hearing Notice
Mailing List
Location Map
Site Plan (11x17)
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount:$
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G.Leeds,AICP, Director Date March 4,2003
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director � C
FROM: Corinne Church, AICP, Principal Planner 04/P
DATE: February 25, 2003
SUBJECT: AMENDED APPLICATION RZ-38-02: (SECOND READING)
Rezoning Request from C-2 (Commercial) to RM-3 (Multi-family
residential), including the Assignment of 87 Flex Units.
AMENDED APPLICATION LU-38-02: (SECOND READING)
Future Land Use Plan Amendment Request from "Commercial" to
"Irregular Residential 17".
APPLICANT: Calvin Giordano and Associates, representing Shamrock Of
Broward, Ltd.
® LOCATION: Subject parcel located on the north side of Sheridan Street directly
east of Walgreen's and Sleep Inn.
PROPERTY SIZE: 5.19 gross acres.
The Zoning and Land Use designation of the subject parcel is indicated below:
CURRENT PROPOSED
DESIGNATION DESIGNATION
Zoning District C-2 (Commercial) RM-3 (Residential)
Land Use Designation Commercial Irregular (17) Density
Residential
LAND USE ANALYSIS
The land use designation, zoning designation, and existing land use for the surrounding
properties are as follows:
SHAMROCK 2 REZONE AND LUPA CC III.DOC
1 of 4
Comprehensive Current Zoning Existing Land Use
Plan Designation
North Residential 16 RM-2 (Multi-family: Single family homes
(16 units per acre) 16 units per acre) and lake
East Residential 23 RM-3 (Multi-family: Vacant Land
(23 units per acre) 25 units per acre) (Site plan approved
for 4/5 story
multifamily complex)
South City of Holl ood City of Hollywood Park
!Nest Commercial C-2 (Commercial)" Drugstore/Hotel
INITIAL APPLICATION
Applicant originally proposed five (5) apartment buildings, each five (5) stories tall, with
a density of 22 dwelling units per acre for a total of 130 apartments. Two of the five
buildings were setback 35 feet from the rear lot line. Applicant had also requested
permission to utilize the city's flex units in lieu of requesting a Broward County land use
plan amendment.
Staff recommended:
1) Denial of the rezoning (22 units per acre) as being excessive for that portion
® of the site adjacent to single family development; and
2) Denial of the applicant's request to use 130 flex units.
AMENDED APPLICATION
The amended application proposes:
1) Reducing density from 22 units per acre to 17 units per acre (The project has
been reduced from 130 apartments to 87 apartments).
2) Reducing maximum building height to four floors.
3) Providing an 80 foot wide greenbelt along the north lot line.
Applicant still proposes using the city's flex units.
Flex Unit Assignment
The current "Commercial" land use designation does not permit garden apartments.
There are two procedures available to allow the construction of garden apartments on
• the subject parcel:
SHAMROCK 2 REZONE AND LUPA CC III.DOC
2of4
(1) Amend the Broward County Land Use Plan from "Commercial" to "Irregular
Residential 17" (This is a 6 to 12 month process and requires Broward County
Commission approval); or
• 2 Allocate flex units from the flex unit/reserve unit pool concurrent with rezoning of
the property (This is a 3 to 6 month process and does not require Broward
County Commission approval).
The subject parcel is located within a geographic planning area known as Flexibility
Zone 84. Flex Zone 84 includes the entire City east of the FEC railroad tracks. Flex
Zone 84 also includes most of the recently approved Community Redevelopment Area
("CRA'J.
Presently, there are 346 flex units and 183 reserve units (total 529 units) remaining in
Flex Zone 84. The applicant has requested 87 units be assigned to this parcel, reducing
the "pool"to 442 units.
A primary objective of the CRA Plan is to encourage new residential and mixed-use
development on commercial properties both downtown and along US 1 and Dania
Beach Boulevard. Allocation of flex units to the subject parcel (on Sheridan Street) will
reduce the flex units available for assignment in these other areas.
Staff has suggested the applicant apply for a Broward County Plan Amendment (Option
1 above). If approved, applicant would be able to build an 87 unit development without
using any flex units. The applicant has rejected staffs recommendation for the
following reasons:
(1)The County Amendment process will require an additional 6 - 12 months.
(2) The County Commission may ultimately reject the amendment (Staff is
researching this issue).
Public Facilities and Services
The applicant analyzed the impact on facilities and services comparing commercial
development under current zoning with the proposed garden apartment development at
17 units per acre.
Based upon the change in zoning, there would be an increase in demand on sanitary
sewer, potable water, and parks and recreation. Traffic impact would be less than if the
property were developed as commercial.
The applicant has not yet confirmed there is sufficient water and sewer capacity to
accommodate the change in zoning. The applicant will be required to pay a local park
impact fee based upon the number and "type" of units if he has not already done so.
SHAMROCK 2 REZONE AND LUPA CC IILDOC
3of4
STAFF RECOMMENDATION
Rezoning ( -35-02)
i
Approval of the revised zoning change based on applicant's amended application and
payment of park impact fees if required.
The applicant would need to voluntarily deed-restrict the property (prior to issuance of
building permits) to enforce the following criteria in his amended application:
1) Maximum of 87 apartments.
2) Building height not to exceed four floors.
3) Minimum 80 foot wide greenbelt to be provided along north lot line (Content
of greenbelt to be determined pursuant to site plan review).
4) Dwelling units to be sold as condominiums.
Future Land Use plan Amendment (LU-38-02)
Denial of applicant's request use 87 flex units** (Staff recommends that applicant
obtain his density by applying for a Broward County Land Use Plan amendment).
**The applicant contends assigning fleas; units to the subject parcel will not
reduce the City's ability to encourage infill residential development in and
adjacent to the CRA. please note that if the Oroward County Commission
• does not approve the City's pending "Local Activity Center" land use plan
amendment, the existing 300+ unit fleas/reserve pool will be the only source
of additional residential density for commercially zoned properties east of the
FEC rail road tracks.
PLANNING AND ZONING ADVISORY BARD RECOMMENDATION
The amended application is generally consistent with the Planning and Zoning Advisory
Board recommendation (P and Z Board recommended 16 units per acre).
Because the Planning and Zoning Advisory Board rejected the applicant's initial
application, the Board did not offer any recommendation relative to the use of flex
units.
I:LLeeds\LLeeds My Documents\Leigh Reports\2-25 City Commission\Shamrock 2 Rezone&LUPA CC II.doc
SHAMROCK 2 REZONE AND LUPA CC III.DOC
4of4
COURTESY NOTICE
® CITY COMMISSION MEETING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a hearing will be held before the Dania City
Commission on Wednesday, March 12, 2003 at 7:00 p.m., or as soon thereafter as
possible, in the Dania Beach City Commission Room, Administrative Center, 100 West
Dania Beach Blvd., Dania Beach, Florida 33004.
Request by Hoyt Holden, Calvin, Glordanno & Associates, Inc., representing
Shamrock of Broward, LLC, for property located on the north side of Sheridan
Street, east of Walgreen's Drug Store, in the City of Dania Beach. The requests
are for the following:
RZ-38-02 — A rezoning request is from Commercial (C-2) to Residential (RM-3),
including the assignment of 87 flex units.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY CALVIN GIORDANO AND ASSOCIATES,
REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY
LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF THE
WALGREEN'S DRUG STORE 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) INCLUDING THE ASSIGNMENT OF 87 FLEX UNITS,
SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Property is legally described as the east one-half of the Southwest one-quarter of the
Southwest one-quarter of the Southwest one quarter of Section 2, Township 51 South,
Range 42 East, less the South 50 feet thereof; said lands situate, lying and being in
Broward County, Florida.
Lou Ann Cunningham
Planning Technician Mailed: Tuesday, March 4, 2003
•
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March 11, 2003 MAR 12 2003
Kevin M. Guthard
Trafalgar Associates
649 East Sheridan Street
Dania Beach, FL 33004
Kevin,
'Thank you for your "invitation," dated February 26, to meet with you to discuss the
property east of the Walgreen's. We understand that FP&L no longer owns this land,. In
a meeting on February 25, 2003, the Commissioners voted to rezone this property from
Commercial (C-2) to High Density Residential. (RM-3) We understand that the
designation of RM-3 could mean a Developer could possibly build an 8-story (or 90 feet,
whichever should be the least) building (where as Commercial could have been
maximum of only 5 stories or 62 feet, whichever should be the least) and have 87 multi-
family dwelling units. We understand that you are requesting an amendment to the
Broward County Land Use Plan for a maximum of 17 units per acre.
In order to provide you the opportunity to prepare for Monday's meeting. Below are
some concerns that residence in the neighborhood wish to obtain your concurrence on. It
is our expectation that upon the conclusion of the meeting, we will either have your
agreement to specific points (initialing your concurrent) or that you are not in agreement
with our concerns and you will provide a suggested resolution to our concern. We hope
to have your full agreement to our concerns, as we would like to jointly present it to the
Mayors and Commissioners at their next meeting.
I of 3
,
V
Conservation area and other buffers:
1. Create a "conservation"(a) area starting at the northern property line and extending
a minimum of eighty feet (80') southward towards Sheridan Street as well as
extending the length of the property line, running east to west, adjacent to the
homes and apartments.
a. Conservation,area is defined as a piece of land solely available for the
indigenes plant life. The plant life is not to be decreased in height or
density by the removal of non-indigenous plant life, such as Australian
Pines or Pepper trees. if removal is deemed necessary, plants conforming
to the conservation specifications must be placed along the upland area by
Sheridan 87 LLC. This information is to be documented by placing a
conservation easement over the area and restricting the area by placing a
note on the plat.
2. Plant Green Buttonwood trees, mature for species, 12 feet high, 15 feet on center
along the length of the northern property line (adjacent to the homes and same
trees and specifications along the length of the conservation area, 80 feet adjacent
to the Sleep Inn hotel.
3. Paint the south perimeter wall along the Sleep Inn property (to be done by master
association) within thirty days after site plan approval.
4. If allowed, erect a black vinyl chain link fence, 6 feet in height extending along
the western edge of the conservation area for 80 feet and then construct a wall
south along the western perimeter south to Sheridan Street.
5. Erect a double row of ficus or cherry hedge extending the length of the northern
property line easterly towards the apartments. The intent is to block the line of
sight of the buildings.
6. Plant tree, of the owners' choice, to block the view of structures fi-om home
window and patio at the address of 1318 SE 5 Court.
7. The Bashovia tree, located in the northwest corner of the proposed building site,
be retained and not removed as long as DPEP will allow, otherwise an agreed
upon suitable mature tree, agreed to by the homeowners at 1326 and 1330 SE 5"'
Court, will be planted
•
2 of 3
The colidominiurn building and the land ol'proposed site:
8. The rear height of the d", Floor mills ceiling will not he greater than 3-1 feel„ 1
inches as measured Iiom the top of Ilse slab. As well as, the peak of the building
will not be greater than '18 feel, as rneasnred h-om the lop ofthe slab. This item is
to be a condition ofthe appiovc;cl site ( Idol and it public hearing required if
requested to change.
9 The land surroundilig the proposed building will nol be higher Ihan & feel above
sea level.
10 TIIc residence ofIhe; Villas at Sheridan Ocean C'Iul) will he notified when the
proposal is presenled as thal interested residence my allend.
''lle elfcc,( on the neighboring piope1110S
I I. Any modifications made lea Ilie; properties wilhin the Villas at Sheridan Ocean
(Till) by or for ulililies, inclllclin!; hilt liol linlite'd Io sewer, Lowe►, Cable,
telephone, will he returned to the state ofequal or borer before the modilication
was IIIAde.
12, 'fhc lithe behind th(. hordes al 1 3_)-I, 1 33fS, 13=121, 1116, and I350 St 5 C'o►ut inl►sl
he rnaiulained, inchldillg the "sea wall, : ali d the present water level, and shape,
will not he changed in any \vay. The use ol'the lake play be changed since it will
he Lied into Ilse entire watc i maim cille.nt syslcn► bnl will Ilol adversely affect any
homes.
I i ( hallgce the c:onstruciloll hours it) he ►:;onsislen► \villl local ordinances.
I-1. .Appropriately re-locate wildlife alfected by the ("ollmruclloll hefore any work on
the property as directed and required by local ordirlarlCU,
15. Any home that develop pioldenis cleated by dirt and or construction dchris will
be restored to their corulition bcioly conslrucliznl ol'Slicridan &% started.
Devedoper will Illeel with all homeowners oil Court alter the col piciloll of
CMISIRICho li Io lieVICW the Cis►ldliloll of,11wil- hold .5.
•
ioI _i