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Home My WebLink AboutO-2004-012 Conservation Ordinance second Reading for adoption9 ORDINANCE NO. 2004-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE DANIA BEACH COMPREHENSIVE PLAN FOR 120 ACRES, MORE OR LESS, OF PROPERTY DESCRIBED IN EXHIBIT "A" FROM "ESTATE (1) RESIDENTIAL" DESIGNATION TO "CONSERVATION" DESIGNATION; AMENDING THE FUTURE LAND USE ELEMENT TO DESCRIBE CERTAIN ADDITIONAL USES PERMITTED IN THE FUTURE LAND USE PLAN MAP "CONSERVATION" DESIGNATION; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to amend its Comprehensive Plan Future Land Use Plan Map to redesignate certain property legally described in Exhibit "A" attached hereto from "Estate (1) Residential" to "Conservation"; and 0 WHEREAS, in conjunction with the redesignation of those certain properties, the City desires to amend the description of land uses permitted in the Future Land Use 1-1 Plan Map "Conservation" designation; and WHEREAS, the City of Dania Beach Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on March 17, 2004 and determined that the proposed amendments are consistent with the goals, objectives and policies of the City of Dania Beach Comprehensive Plan and therefore, recommended approval of the proposed amendments; and WHEREAS, the City Commission of the City of Dania Beach held a duly noticed public hearing on April 13, 2004 regarding the proposed amendments and determined that the amendments are in the interest of the City's public health, safety and welfare ORDINANCE NO. 2004-012 1 and should be adopted for transmittal to the Florida Department of Community Affairs for its review pursuant to Chapter 163, Florida Statutes; and WHEREAS, upon review by the Florida Department of Community Affairs, the City Commission intends to hold a public hearing and second reading of this ordinance for final adoption pursuant to Chapter 163, Florida Statutes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding whereas clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. That the Future Land Use Plan Map of the City of Dania Beach Comprehensive Map is amended to redesignate certain property legally described in Exhibit "A" attached hereto from "Estate (1) Residential" to "Conservation". Section 3. That the description of land uses permitted in the Future Land Use Plan Map "Conservation" designation is hereby amended to state as follows: 1. Residential Density s. Conservation Use: Conservation areas are designated on the Future Land Use Plan Map to protect natural reservations. 6. Privately owned vacant lots established as of December 11, 2001 in the area generally described as east of SE 5th Avenue, south of commercially zoned properties fronting Dania Beach Boulevard, north of multi -family residentiall ORDINANCE NO. 2004-012 FA zoned properties located north of Sheridan Street, and west of West Lake Park (City of Hollywood), may be developed under the requirements of the "Estate (1) Residential" Future Land Use Plan designation in effect as of December 11, 2001, until April 13, 2011, at which time such rights to develop under the "Estate (1) Residential" designation shall expire. Section 4. That the City Commission authorizes the City Manager to transmit the amendments to the City's Future Land Use Element and the Future Land Use Plan Map to the Florida Department of Community Affairs pursuant to the requirements of Chapter 163, Florida Statutes. Section 5. That the effective date of the Future Land Use Element and Future Land Use Plan Map amendments shall be after the completion of the comprehensive plan amendment review process under Chapter 163, Florida Statutes, including the second reading and adoption of the amendments by the City Commission, and recertification by the Broward County Planning Council. PASSED AND ADOPTED on first reading on April 13, 2004. PASSED AND ADOPTED on second reading on August 10, 2004. C. K. M Clff CNE k MAYOR - COMM(1:�SISIONER ATTEST: --A LOUISE STILSON CITY CLERK APPROVED AS TMAFtAND CORRECTNESS: BY: Tl-IbMA� J. ANSBRO CITY ATTORNEY ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE MAYOR MIKES - YES MAYOR MC ELYEA - YES ORDINANCE NO. 2004-012 K 0 EXHIBIT'A' CONSERVATION AREA LEGAL DESCRIPTION ALL OF BLOCKS 3, 4, 5 AND 6 OF THE HOLLYWOOD MANORS SUBDIVISION, PLAT BOOK 11 PAGE 1, BROWARD COUNTY FLORIDA; ALONG WITH, ALL OF BLOCKS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 OF THE HOLLYWOOD CENTRAL BEACH NO 3 SUBDIVISION PLAT BOOK 10, PAGE 6, BROWARD COUNTY FLORIDA; ALONG WITH, A PORTION OF SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 5, BLOCK 3 HOLLYWOOD MANORS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN EASTERLY 997 FEET ALONG THE EASTERLY EXTENSION OF SAID NORTH RIGHT OF WAY LINE OF SAID BALBOA STREET TO THE NORTHWEST CORNER OF LOT 8, BLOCK 12 HOLLYWOOD CENTRAL BEACH NO 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN SOUTHERLY ALONG THE SAID EAST LINE APPROXIMATELY 642.80 FEET TO THE SAID NORTH RIGHT OF WAY LINE OF SAID COLUMBUS STREET (AKA SE 2 ND STREET); THENCE RUN WESTERLY TO THE NORTHWEST CORNER OF LOT 22, BLOCK 10 HOLLYWOOD CENTRAL BEACH NO 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH A PORTION OF SECTION 02, TOWNSHIP 50 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS (NOTE: PORTIONS OF THESE LANDS BELONGING TO PARCEL 1.7-PROJECT 5097 DANIA SALT MARSH ENVIRONMENTALLY SENSITIVE LANDS): BEGINNING AT THE NORTHWEST CORNER OF LOT 22, BLOCK 10 HOLLYWOOD CENTRAL BEACH NO 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN SOUTHERLY ALONG THE SAID EAST LINE APPROXIMATELY 1426.23 FEET TO THE SAID SOUTH RIGHT OF WAY LINE OF SAID ALLEN STREET; THENCE RUN WESTERLY ALONG THE SAID SOUTH LINE TO THE NORTHWEST CORNER OF LOT 4, BLOCK 4 HOLLYWOOD CENTRAL BEACH NO 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, -PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN SOUTHERLY ALONG THE SAID EAST LINE APPROXIMATELY 2082.65 FEET; THENCE RUN WESTERLY ALONG THE SAID SOUTH LINE ORDINANCE NO. 2004-012 El I APPROXIMATELY 333 FEET TO THE SOUTHWEST CORNER OF LOT 31, BLOCK 3 HOLLYWOOD BEACH PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN NORTHERLY ALONG THE SAID WEST LINE APPROXIMATELY 679.80 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1, HOLLYWOOD BEACH PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN WESTERLY ALONG THE SAID SOUTH LINE APPROXIMATELY 332.76 FEET TO THE NORTHWEST CORNER OF LOT 7, BLOCK 1 HOLLYWOOD BEACH PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN NORTHERLY ALONG THE SAID WEST LINE APPROXIMATELY 2104.98 FEET TO THE SOUTHWEST CORNER OF LOT 10, BLOCK 6 HOLLYWOOD MANORS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF SAID SE 3 RD STREET TO THE SOUTHEAST CORNER OF LOT 6, BLOCK 6 HOLLYWOOD MANORS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN NORTHERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID SE 5 TH COURT TO THE SOUTHEAST CORNER OF LOT 6, BLOCK 2 HOLLYWOOD MANORS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD is COUNTY, FLORIDA; 0 ALONG WITH: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 HOLLYWOOD CENTRAL BEACH NO 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN EASTERLY ALONG THE SAID NORTH LINE APPROXIMATELY 239.05 FEET TO THE SOUTHEAST CORNER OF LOT 4 BLOCK 1 HOLLYWOOD CENTRAL BEACH NO 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE RUN SOUTHERLY ALONG THE SAID EAST LINE APPROXIMATELY 683.30 FEET; THENCE RUN WESTERLY ALONG THE SAID SOUTH LINE APPROXIMATELY 239.52 FEET; THENCE RUN NORTHERLY ALONG THE SAID WEST LINE APPROXIMATELY 682.60 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA CONTAINING APPROXIMATELY 120 ACRES MORE OR LESS. ORDINANCE NO. 2004-012 5 'GENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JUNE 22,2004 2. DESCRIPTION OF AGENDA ITEM: LAND USE PLAN MAP AMENDMENT 3. COMMISSION ACTION BEING REQUESTED: PUBLIC HEARING — 2" READING OF ORDINANCE TRANSMITTING AMENDMENTS TO THE FLORIDA DEPT OF COMMUNITY AFFAIRS Z 4. SUMMARY EXPLANATION & BACKGROUND: COMPREHENSIVE PLAN AMENDMENT AMENDING THE FUTURE LAND USE PLAN MAP FROM "ESTATE (1) RESIDENTIAL" (ONE DWELLING UNIT PER ACRE) TO "CONSERVATION" FOR PROPERTY LOCATED EAST OF SE 5 TH AVENUE, NORTH OF VILLAS OF SHERIDAN OCEAN CLUB, WEST OF WEST LAKE PARK AND SOUTHOF COMMERCIALLY ZONED PROPERTIES FRONTING DANIA BEACH BOULEVARD 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report 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 reviewed this request at their March 17, 2004 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager 0 Date June 14, 2004 Date 0 0 U, STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT 1qW DATE: June 22, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director J��r- Community Development Department SUBJECT: Comprehensive Plan Amendment From: "'Estate Residential" (I unit per acre) To: "Conservation" LOCATION: Approximately 120 acres located east of SE 5 th Avenue, north of Villas of Sheridan Ocean Club, west of West Lake Park, and south of commercially zoned properties fronting Dania Beach Boulevard APPLICANT: Community Development Department The subject property is undeveloped except for an existing FPL substation located on the east side of SE 5 th Avenue. Most of the parcels within this area are owned by Broward County. A small number of parcels are privately held. Most of the site is characterized by wetlands and/or mangroves. While the current land use plan allows one residential unit per acre, environmental and accessibility restrictions make development very difficult, if not impossible. Under these conditions, staff is recommending a change in land use to "'Conservation" to more closely reflect conditions existing on the property. A list of permitted uses under Conservation is attached. The Florida Department of Affairs has approved the land use plan amendment. STAFF RECOMMENDATION Approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. 0 Category (2) means: A housing facility which is licensed by the State of Florida for nine (9) to sixteen (16) non -elderly individuals who require treatment, care, rehabilitation or education. This includes individuals who are dependent children, physically disabled, developmentally disabled or individuals not overtly of harm to themselves or others. The facility provides a family living environment including supervision and care necessary to meet the physical, emotional and social needs of the individuals. It may or may not provide education or training. There may be more than one kitchen within the housing facility. There may be more than one Special Facility Category (2) development on a parcel. Category (3) means: Any housing facility licensed by the State of Florida for more than sixteen (16) no'n-elderly individuals who require treatment. care, rehabilitation or education. This includes individuals who are dependent children, physically disabled, developmentally disabled or individuals not overtly of harm to themselves or others; Any housing facility licensed by the State of Florida for more than eight (8) unrelated elderly individuals; Governmentally subsidized housing facilities entirely devoted to care of the elderly, dependent children, the physically handicapped, developmentally disabled or individuals not overtly of harm to themselves or others; a Any non -for -profit housing facility for unrelated elderly individuals; Any housing facility which provides a life -care environment. A life — care environment shall include, but is not limited to, creation of a life estate in the facility itself and provision of off -site or on -site medical care. s. Conservation Use: Conservation areas are designated on the Future Land Use Plan Map to protect natural reservations. I . Structures such as dikes, berms, levees, canals, ditches, locks, gates, pumping stations, monitoring facilities used for flood control, drainage, water quality preservation/enhancement, environmental protection, mosquito control, fire control and the storage and conservation of water. 2. Active outdoor recreation uses such as fishing and boating, pursuant to State and Federal regulations. 3. Boat ramps and docks. 0 041 4. Camping facilities, if determined to be appropriate by the local jurisdiction. 5. Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways. Natural Reservations Natural Reservations are designated for conservation use on the Future Land Use Plan Map (Series) and include public lands which are conservation areas operated by contractual agreement with or managed by a federal, state, regional, local government or non-profit agencies. Secret Woods Nature Center is a Natural Reservation designated for conservation use on the Future Land Use Plan Map (Series). Those uses permitted in Natural Reservation areas designated conservation are as follows: 1. Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways. 2. Uses which do not impair the natural environment or disturb the natural ecosystem of the area and which are not in conflict with any applicable contractual agreement or management policies of the federal, state, regional, county, municipal, or non-profit agency which manages the Natural Reservation. While the City of Dania Beach historically was a farming community, the expansion in development of Broward County and the intrusion of salt water has rendered the property to be unsuitable for future farming activities. Accordingly no agricultural uses have been indicated on the Land Use Plan. Also, while there are a significant number of park and recreational lands identified on the Plan there are no public ownerships which are being considered for conservation designation and accordingly no conservation designation is indicated on the Future Land Use Map. Education, public buildings and grounds and other public facilities have already been designated as Community Facilities on the Land Use Map. While there are designated historical properties within the City of Dania Beach there is no designated historical district within the City of Dania Beach. D. Land Needs To support the Year 2005 projections of approximately 10,600 units and Year 2010 projections of approximately 11,600 units within the community, the associated land need requirements are anticipated to be approximately 36 and 145 acres, respectively. This is established utilizing the average new starts for housing within the community of about 90 per year and recognizes the mix of housing from the period of 1988 to 1997 which reflects a substantial number of multi -family permits (5 1 %) against single family permit issuance of about 38%. 24 Date: June 22, 2004 — 2nd Reading Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Applicant: City of Dania Beach Location: Property generally located east of SE 5 Ave, south of Dania Beach Boulevard, north of Sheridan Ocean Club, and west of West Lake Park (City of Hollywood) A Public Hearing will be conducted by the City Commission relating to a Land Use Plan Map Amendment which would change the land use designation for the above referenced property as follows: From: Estate Residential (One dwelling unit per acre) To: Conservation A location map describing the affected area is shown the back of this notice. For information about the changes to the City of Dania Beach's Land Use Map, contact the City's Department of Community Development, 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 public hearing. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3624, at least 48 hours prior to the 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. 0 Mail: Friday, June 18, 2004 �- z LU A Lr) W LL < 0 z LU 1� - CL LU U) D 0 z R (D z w w '%zr C) z C) Z 0 CN IK Fn cc*,4 llwl!c U) ui z wo M C) m c) < (.) 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