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Home My WebLink AboutO-2003-023 58 Flex units from flex zone 84-Richart plats ORDINANCE NO. 2003-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE NO. 2000-019 ADOPTED ON MAY 9, 2000 BY REPLACING 58 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IN THEIR PLACE 58 RESERVE UNITS, TO A PARCEL OF LAND KNOWN AS "PARCEL A" OF THE OF THE RICHART PLAT, WHICH IS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5TH AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On May 9, 2000 the City of Dania Beach adopted Ordinance No. 2000-019 which approved an amendment of the Future Land Use Plan Element of the Local Comprehensive Plan of the City of Dania Beach, redesignating 2.6091 acres from Commercial to Medium High (25) by allocating 58 flex units from Flex Zone 84; and WHEREAS, the City Commission desires to amend Ordinance No. 2000- 019 by returning the 58 flex units back to Flex Zone 84 and in their place assign 58 reserve units to the project located on the north side of Sheridan Street approximately 1 block east of SE 5t" Avenue, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this ordinance; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 2.6091 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5T" AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; IN 1 ORDINANCE NO. 2003-023 • APPROVING THIS LOCAL PLAN AMENDMENT, DANIA BEACH ASSIGNS 58 RESIDENTIAL RESERVE UNITS TO THIS DEVELOPMENT. Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. PASSED AND ADOPTED on first reading on May 13, 2003. PASSED AND ADOPTED on second read* on May 28, 2003. OB A TON MAYOR - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY -YES CHARLENE JOOSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: BY: " T O A J. ANSBRO CITY ATTORNEY • 2 ORDINANCE NO. 2003-023 • 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. • 3 ORDINANCE NO. 2003-023 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 27, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -RESERVE/FLEX RE- ASSIGNMENT(SHERIDAN 58) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE—2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: SEE STAFF REPORT 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Public Hearing 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: ® Submitted by: Laurence G. Leeds, AICP, Director Date May 21, 2003 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: May 27, 2003 (SECOND READING) TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G G SUBJECT: Richart Richart Plat: Substitution of Reserve Units for Flexibility Units (2.6 acres located on the north side of Sheridan Street approximately one block east of SE S"' Avenue) APPLICANT: Growth Management Department On May 13, 2003 the City Commission approved, on first reading, the requested action. ® In May, 2000 the City Commission approved a Future Land Use Plan Amendment changing the Richart Plat from "Commercial" to "Medium-High Density Residential" (Up to 25 dwelling units per acre). The City Commission also assigned 58 flex units to the site. Staff did not support the Richart Plat flex assignment request. Staff instead recommended the property owner apply for a Broward County Land Use Plan Amendment in order to preserve the flex units for redevelopment in the central business district. Staff has previously recommended that available flex and reserve units be made available for multi-story mixed-use development in Downtown Dania Beach, including the recently designated Local Activity Center ("LAC' Area. The CRA Plan calls for mixed-use mid-rise redevelopment in the LAC. The CRA Plan recommends 6-8 story mixed-use buildings in portions of the LAC. Mixed-use residential at this scale generally exceeds 50 dwelling units per acre. Recent discussion with Broward County Planning Council staff indicates that reserve units'may not be used for projects exceeding 50 units per acre. To implement the CRA Plan downtown, and to comply with Broward County Planning Council requirements, the City will need to rearrange the current ® allocation of flex and reserve units. This means transferring flex units from previous allocations on Sheridan Street and substituting reserve units in their place. In this specific case, the Richart Plat would be assigned 58 reserve units in exchange for 58 flex units. These 58 flex units will then be available for use downtown. This substitution of reserve for flex units has no effect on property rights associated with the Richart Plat. The Richart Plat property owner was approved for a 58 unit development and can still build the same project at the same density based on the same site plan. One flex unit is exactly same as one reserve unit. Failure to approve this flex/reserve unit transfer will make it much more difficult to implement the objectives of the CRA and LAC. RECOMMENDATION Approval. �s \ NOTICE OF PUBLIC NEARING �,�1'1' Jf' yl 1 CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be r- held before the City Commission on Tuesday,May 27, 2003 at 7:00 PM,or as soon thereafter as possible.In t the Danis Beach City Commission Room,Administra- tive Center,100 West Dania Beach Blvd.,Dania Beach, Florida-33004,-for the purpose of hearing any com- ments which might be made to the following ordi- nances: AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA AMENDING ORDINANCE NO. 2000-019 ADOPTED J ON MAY 9,2000 BY REPLACING 58 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN. IN THEIR PLACE 58 RESERVE UNITS,TO A PARCEL OF LAND KNOWN AS'PARCEL A'OF THE OF THE RICHART PLAT, WHICH IS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E.5TH AVENUE IN THE CITY OF DANIA BEACH AND LEGALLY .DESCRIBED IN EXHIBIT -A-, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR SEVERABILI- TY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA AMENDING ORDINANCE 2003-010 ADOPTED ON iMARCH 12,2003 BY REPLACING 87 FLEX UNITS WHICH WERE ALLOCATED FROM FLEX ZONE 84 AND ASSIGN IIN THEIR PLACE 87 RESERVE UNITS,TO A PARCEL OF iLAND LOCATED ON THE NORTH SIDE OF SHERIDAN. (STREET, DIRECTLY EAST OF THE WALGREEN S DRUG STORE WITHIN THE CITY OF DANIA BEACH,FLORIDA, LAND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR SEVERABILI- TY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING CHAPTER 28"ZONING'OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDA,BY AMENDING THE TEXT WITHIN AR- TICLE 16'INDUSTRIAL-RESEARCH-OFFICE(IRO)'DIS- TRICT 16.40'SPECIAL EXCEPTION USES'BY PROVID- ING DISTANCE SEPARATION REQUIREMENTS FOR CER- TAIN SPECIAL EXCEPTION USES AND RESIDENTIAL • LAND USE DESIGNATIONS; PROVIDING FOR COW FLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed ordinances are available for viewin``In the Growth Management Department,100 West banla Beach Blvd., Dania Beach, Florida be- tween the hours of 8:00 AM and 4:00 PM,Monday- Friday please call(954)924-3645 for more Informa- tion.Interested parties may appear at the public hear- Ing and be heard with respect to the proposed peti- tion. In accordance with the Americans With Disabilities Act,parsons needing assistance to participate in any of these proceedings should contact Charlene John- son, City Clerk, 100 W. Dania Beach Blvd, Dania Beach,FL 33004,(954)924.3630,at least 48 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 proceed ings Is made,which record Includes the testimony and evidence upon which the appeal is to.based. Lou Ann Cunningham,Planning Technician a ts,2003 /I a 3