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Home My WebLink AboutO-2004-043 Sheridan 87 unitsKevin's Plat (Emergency Ordinance)ORDINANCE NO. 2004-043 AN EMERGENCY ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE 2003-024, ADOPTED ON MAY 28, 2003, BY REPLACING 87 RESERVE UNITS AND ASSIGNING IN THEIR PLACE 87 FLEX UNITS ALLOCATED FROM FLEX ZONE 84, TO A PARCEL OF LAND 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, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On March 12, 2003 the City of Dania Beach adopted Ordinance No. 2003- 0 10, which approved a rezoning request from the zoning classification of C-2 (Commercial) to the classification of RM-3 (Multi -family Residential) including the assignment of 87 flexibility units from Flex Zone 84 to the project, which is located on the north side of Sheridan Street, directly east of the Walgreen's Drug Store, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance; and WHEREAS, On May 28, 2003, the City Commission adopted Ordinance No. 2003-024 which approved the allocation of the 87 flex units back to Flex Zone 84 and, in their place, assigned 87 reserve units to the project; and WHEREAS, it is the City's desire to return 73 of the 87 reserve units previously assigned to this property back to Flex Zone 84, and assign 73 flex units to the project in their place; and WHEREAS, the City Commission finds that it is necessary to adopt this Ordinance on an emergency basis to protect the City's rights due to pending County action and in order to comply with scheduling requirements, and has voted to enact this Ordinance by at least a two-thirds maj ority; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the property described in Exhibit "A" known as Kevin's Plat was 0 allocated 87 reserve units on May 28, 2003. Section 2. That 73 of the 87 reserve units shall be returned from Kevin's Plat to the 11 Flex Zone 84 Pool. Section 3. That, to replace the 73 reserve units referenced in Section 2 above, 73 flex units shall be assigned from the Flex Zone 84 Pool to Kevin's Plat. Section 4. That 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 5. That all ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of such conflict. Section 6. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 14,2004. ATTEST:, LOUISE STILSON CITY`CL-E`RK CX . MCELYEV MAYOR —COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISS10NER FLURY - YES VICE -MAYOR MIKES -YES MAYOR MCELYEA - YES APPROVED AS TO r-r)RM AND CORRECTNESS BY: �A THOW� J. �,NSBRO CITY ATTORNEY 2 ORDINANCE # 2004-043 0 is EXHIBIT'A' Legal Description: KEVIN'S PLAT - 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. ORDINANCE # 2004-043 1. DATE OF COMMISSION MEETING: DECEMBER 14,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — SHERIDAN 87 ("KEVIN PLAT") - RESERVE / FLEX RE -ASSIGNMENT 3. COMMISSION ACTION BEING REQUESTED: ADOPT EMERGENCY ORDINANCE _ 1ST READING 4. SUMMARY EXPLANATION & BACKGROUND: REQUEST BY THE CITY OF DANIA BEACH, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, EAST OF WALGREEN'S DRUG STORE, IN THE CITY OF DANIA BEACH, ("KEVIN PLAT"), TO RETURN 75 OF THE 87 RESERVE UNITS PREVIOUSLY ASSIGNED TO THIS PROPERTY BACK TO FLEX ZONE 84 AND ASSIGN 75 FLEX UNITS IN THEIR PLACE. 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 Community Development Department City Manager 9 Date December 7, 2004 Date 0 0 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: December 14, 2004 (PUBLIC HEARING) TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: Sheridan 87 Property: Partial Substitution of Flex Units for Reserve Units (Property located on the north side 'of Sheridan Street,, directly east of the Walgreen's Drug Store) APPLICANT: Community Development Department In March 2003, the City Commission approved a zoning change from C-2 (Commercial) to RM-3 (Multi -family Residential) for this property. At the same time, the City Commission assigned 87 flex units to the site. On May 28 2003, the City Commission approved the transfer of 87 flex units from the site back into the Flex Unit Pool. At the same time, the Commission assigned 87 reserve units to the project from the Reserve Unit Pool. This substitution was required to implement the CRA Plan. Staff is recommending a second substitution of flex and reserve units associated with this property. This means transferring of 73 of the 87 existing reserve units back into the Reserve Unit Pool, and substituting in their place, 73 flex units from the Flex Unit Pool. This action is necessary to maintain the City's ability to provide flex and reserve units for redevelopment along. major roadways. There will be no net change in the total number of units (87 units) assigned to the property. The property owner has been notified and has not indicated any objection. Approval. SUN -SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI DADE BEFORE 7YE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED &Nk &S WHO, ON OATH, SAYS THAT HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A: KEVIN PLAT IN THE MATTER OF: Kevin Plat IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: 12/4,11 12192896 CITY COVAIAISSJOI MEETIPM CITY OF DANIA SEA NOTICE IS HEREBY G that the following hej will be held before the nia City Commissior Tuesday, December 2004 at 7:()o p.m. p Hearing. or as soon t�l after as Possible, In Dania Beach City Comi sion ROOM, Adminis tive Center, 100 West nia Beach Blvd., Ci� Beach. Florida imn4l� Request by the City M- Beach. for pr( Igenerally located c north side of stI4 Street, east of Walgr Drug Store, in the C Dania Beach - , (- Plat"), to retur� 75 1 87 reserve units prei ly assigned to this p, ty back to Flex Zof and assign 75 flex ur their place. Property legally clesc as: T e east one.hj the southwest one - ter Of the southwest quarter of the South one quarter of Sectli To * riship 51 South R 42 'ast, less the s6ul L feet thereof; said .1 situate, lying and be[ Broward Counfv, rfnr of AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER Copies of the roposec PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Petition are avAlable foi viewing in the Growit AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY management Depart. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ment, 100 West Dania Beach Blvd., Dania Beach, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Florida between the hours of 8 00 a m. and 4:00 p.m., POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, Monday - Friday. interest- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ed Parties may appear at the public hearing and be ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT heard with respect to the HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR Proposed Petition. CORPORATION. ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE in accordance with. the Americans With DISabIll- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID ties Act, Persons need Ing NEWSP ER. assista nce to participate !n any of these proceed� 0 S's 71 ILZ ings should contact 0. t:d cj it Stil Louise ! I son, ity Clerk, AAL�l n�t 100. Dania each Blvd, (SIGNAI-URE OF AFFIANT) Dania Beac . FIL 33004, and (954) 4'3622, at least . 48 ours prior , to SWORN TO AND SUBSCRIBED BEFORE ME meeting ON: 04-Decomber-2004 A.D. 'Any person who decidei to appeal any decision I made by the city comirms. Sion with regard to any matter considered at this meeting or hearing will need a record of the pro- (S)TG N 117 Y# ceedings and for such Pur- pose may need to ensure that a verbatim record of -M the Proceedings is made, which record inc e 'h:I le'vdenc testimony and Jui-�e 3t upon which the appeal Is to based. Lou Ann Cunningham (NAME OF NOTARY, TYPED, PRINTED, OR STAMPED) Planning Associate December 4, 2D04 PERSONALLY KNOWN OR PRODUCED IDENTIFICATION 0