HomeMy WebLinkAboutR-2005-006 Ocean Development approval extensions RESOLUTION NO. 2005-006
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUESTS BY PARK OCEAN, LLC., FOR AN EXTENSION OF THE
PREVIOUSLY APPROVED FLEX/RESERVE UNIT ALLOCATION REQUEST
LUF-23-03 (APPROVED FOR AN EXTENSION BY RESOLUTION 2004-200,
WHICH EXPIRES ON MAY 23, 2005); FOR AN EXTENSION OF VARIANCE
VA-72-03, APPROVED FOR AN EXTENSION BY RESOLUTION 2004-200
(HEIGHT VARIANCE), WHICH EXPIRES ON JULY 1, 2006; FOR AN
EXTENSION OF THE SETBACK VARIANCE, APPROVED FOR AN
EXTENSION TO MAY 23, 2005 BY RESOLUTION 2004-200; AND FOR AN
EXTENSION OF THE SPECIAL EXCEPTION REQUEST SE-71-03, WHICH
WAS APPROVED FOR AN EXTENSION BY RESOLUTION 2004-200,WHICH
ALSO EXPIRES ON MAY 23,2005;AND FOR CLARIFICATION OF THE SITE
PLAN APPROVAL FOR PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET
EAST OF THE MOTEL SIX, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 9, 2004, the City Commission extended the approval of a request
which was originally approved on May 28,2003,for a flex/reserve unit allocation which assigned up
to 54 flexibility units,reserve units or both to certain property now owned by Park Ocean LLC; and
WHEREAS, on April 13, 2004, the City Commission approved a Variance request, from
Chapter 28,"Zoning",relating to a reduction in interior side yard building setbacks and interior side
yard balcony setbacks for the property; and
WHEREAS, on June 22, 2004, the City Commission approved a Variance request, from
Chapter 28, "Zoning", relating to height regulations, by allowing a 160 foot tall multifamily
residential building on the property (where 62 feet is otherwise allowed); and
WHEREAS,on June 22,2004,the City Commission approved a Special Exception request
to allow a Planned Unit Development(PUD-2)in an RM-2 zoning district along with a PUD Master
Plan relating to a reduction in interior side yard building setbacks and interior side yard balcony
issetbacks for the property; and
WHEREAS,on August 24,2004,pursuant to Resolution No.2004-142,a site plan approval
for the property was granted, subject to nine conditions,three of which involved recording of certain
instruments in the public records of Broward County by December 1, 2004; and
WHEREAS,on November 23, 2004, the City Commission adopted Resolution No. 2004-
200,which provided that the height variance will expire on July 1,2006,subject to certain conditions
and that other approvals (site plan, special exception, flex/reserve units' allocation and other
variances will expire six months from November 23, 2004, unless renewals before that date are
obtained by the applicant; and
WHEREAS,all of the approvals are related to the project now owned by Park Ocean LLC,
for property generally located on the north side of Dania Beach Boulevard, approximately 300 feet
east of the Motel Six; and
WHEREAS, Park Ocean Development LLC, is requesting an extension of the approvals
associated with the project relating to flex/reserve unit allocation, the Variance requests and the
Special Exception use as well as clarification of the site plan approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the requests to extend approvals for the flex/reserve unit allocation, height
and setback variances, and special exception use (PUD) are approved subject to the following
limitations:
a) the height variance will expire on July 6, 2006, unless renewal before that date is
obtained by the applicant;provided,however,that if a building permit is obtained
for actual construction, the variance will be vested;
b) all other requests for extension(special exception,flex/reserve allocation and other
• variances) will expire on July 6, 2006 unless the owner applies for a building
2 RESOLUTION#2005-006
permit and submits a full set of working construction drawings prior to December
31, 2005; and
c) the site plan will expire on July 6, 2006, unless the owner applies for a building
permit and submits a full set of working construction drawings prior to December
31, 2005.
Section 2. That such approvals are also subject to the conditions in attached "Exhibit A",
which are intended to replace all previous approval conditions relating to the flex/reserve unit
allocation,height and setback variances,and special exception(PUD)approval. Site plan conditions
remain as previously approved by the City Commission.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its passage
• and adoption.
PASSED AND ADOPTED on January 11, 2005.
MAYOR— MMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM A D CORRECTNESS:
BY: /
• TH M J. ,YNSB O
CITY ATTORNEY
3 RESOLUTION #2005-006
EXHIBIT A
•
1) Developer to record City Attorney approved Unity of Title (connecting all
described parcels) by February 1, 2005.
2) Developer to record deed restriction or some other legal mechanism(approved by
the City Attorney) to voluntarily limit development of this parcel to
condominium with rental restrictions. The voluntary restriction should be
enforceable against subsequent owners. Document to be recorded by February 1,
2005.
3) Developer to record a conservation easement prohibiting development in the
wetland area by March 1, 2005.
4) Condominium documents disclosing airport runway expansion plans(and noise
impact upon project) and route of the AES Ocean Express Natural Gas Pipeline
to be reviewed by staff prior to February 1, 2005 and recorded prior to issuance
of any construction permits.
5) Prior to issuance of building permits, developer to enter into an agreement with
the City Commission committing to bring water and sewer service to the project
(including required off-site improvements) or provide funds necessary to
complete the work; agreement to be based on the recommendations of Public
Services Director.
6) Developer to demonstrate compliance with infrastructure and civil engineering
requirements (water, sewer, and drainage,and paving where applicable)prior to
issuance of building permit.
7) Developer to demonstrate (to City Fire Marshal) compliance with emergency
vehicle access and fire flow requirements prior to building permit approval.
8) The applicant's attorney shall submit documentation by March 1, 2005, that
applicant, individually and in a corporate capacity, for all lots included within
this project, understands and agrees that the Special Exception, Variances, and
flex/reserve units allocation confer no vested rights or entitlements to any of the
following: (a) Site design,building design,parking configuration,architecture,or
Fire-Rescue Department requirements; (b) Compliance with water, sewer,
paving, and drainage requirements; (c) Compliance with environmental
regulations of any other governmental agency.
9) Efficiency apartments prohibited, and one-bedroom units not to exceed 42% of
total units. Two and three bedroom units to constitute at least 58%of total units.
4 RESOLUTION #2005-006
10) Developer to demonstrate, prior to the issuance of building permits.
a Compliance with city code wildlife requirements.
b Method of hurricane protection for windows
c Wall/fence detail.
d Vehicle/pedestrian signage detail.
•
5 RESOLUTION #2005-006
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JANUARY 11, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — REQUEST FOR AN EXTENSION OF
APPROVAL EXPIRATIONS FOR PARK OCEAN LLC PROJECT
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
REQUEST BY BONNIE MISKEL ON BEHALF OF PARK OCEAN LLC., OWNED BY ALAN OJEDA
FOR PROPERTY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD
APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX, IN THE CITY OF DANIA BEACH,
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Proposed Resolution
Approved Resolution (2004-200)
Staff Report
Letters from Rilea Group
E-mail from Tom Ansbro
• Public Hearing Notice
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
STAFF
Submitted by:
Laurence G. Leeds, AICP, Director Date January 4, 2005
Community Development Department
City Manager Date
•
CITY OF DANIA BEACH
COMMUNITY PLANNING DEPARTMENT
STAFF REPORT
DATE: January 11, 2005
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director C.Community Development Development Department
SUBJECT: Request by Alan Ojeda, Rilea Group, for Park Ocean LLC., to extend
the following approvals to July 1, 2006:
➢ 54 flex/reserve unit allocation.
➢ Height variance to allow a 160 foot tall building.
➢ Side yard setback variances..
➢ PUD Special Exception.
➢ Site Plan
LOCATION: Property located 300 feet east of the Motel 6 on the north side of
Dania Beach Boulevard
eOn November 23, 2004, the City Commission approved the extension request of
the height variance until July 1, 2006 and extended the site plan, special
exception, flex/reserve allocation and other variances until May 23, 2005.
The applicant is in the process of addressing 6 of 10 conditions referenced in the
attached resolution. The developer indicates he has acquired the property from
Ocean Development Properties on September 30, 2004 and has spent over
$7,000,000.00 thus far on the project (see attached letters).
The applicant is now requesting permission to extend approval dates for all the- -- --- -- -
above items to July 1, 2006 to match the expiration of the height variance. The
applicant is committing to submit a complete set of construction plans and a
building permit application before December 31, 2005.
RECOMMENDATION
Approval subject to:
1) Proposed Resolution Conditions 1 — 10.
2) Submission of complete set of construction plans and a building
permit application prior to December 31, 2005.
vim'
6QE SO t u 7 �o
RESOLUTION NO. 2004-200
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUESTS BY BARRY N. MORRIS C/O OCEAN DEVELOPMENT,LLC..
FOR AN EXTENSION OF THE PREVIOUSLY APPROVED FLEX/RESERVE
UNIT ALLOCATION REQUEST LU-23-03 APPROVED BY RESOLUTION 2004-
049, WHICH EXPIRES ON DECEMBER 22, 2004; FOR AN EXTENSION OF
VARIANCE VA-72-03, APPROVED BY RESOLUTION 2004-112 (HEIGHT
VARIANCE), WHICH EXPIRES ON DECEMBER 22,2004,AND RESOLUTION
2004-073(SETBACK VARIANCE)WHICH ALSO EXPIRES ON APRIL 13,2005;
AND FOR AN EXTENSION OF THE SPECIAL EXCEPTION REQUEST SE-71-
03 APPROVED BY RESOLUTION 2004-072, WHICH ALSO EXPIRES ON
APRIL 13,2005, FOR PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST
OF THE MOTEL SIX, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 9, 2004, the City Commission extended the approval of a request
which was originally approved on May 28,2003,for a flex/reserve unit allocation which assigned up
to 54 flexibility units, reserve units or both; and
WHEREAS, on April 13, 2004, the City Commission approved a Variance request, from
Chapter 28,"Zoning",relating to a reduction in interior side yard building setbacks and interior side
yard balcony setbacks; and
WHEREAS, on June 22, 2004, the City Commission approved a Variance request, from
Chapter 28, "Zoning", relating to height regulations, by allowing a 160 foot tall multifamily
residential building (where 62 feet is otherwise allowed); and
WHEREAS,on June 22,2004,the City Commission approved the Special Exception request
to allow a Planned Unit Development(PUD-2)in an RM-2 zoning district along with a PUD Master
Plan relating to a reduction in interior side yard building setbacks and interior side yard balcony
setbacks; and
WHEREAS, all of the approvals are related to the project known as Ocean Development
LLC, generally located on the north side of Dania Beach Boulevard approximately 300 feet east of
the Motel Six; and
1 RESOLUTION NO. 2004-200
WHEREAS, Barry N. Morris representing Ocean Development LLC, is requesting an
extension of the approvals associated with the project relating to flex/reserve unit allocation, the
Variance requests and the Special Exception use;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the requests to extend approval for the flex/reserve unit allocation,height
and setback variances, and special exception use (PUD) are approved subject to the following
limitations:
a) the height variance will expire on July 1, 2006, unless renewal before that date is
obtained by the applicant;provided,however,that if a building permit is obtained
for actual construction, the variance will be vested;
b) all other requests for extension(site plan,special exception,flex/reserve allocation
and other variances) will expire six months from November 23, 2004, unless
renewals before that date are obtained by the applicant.
Section 2. That such approvals are also subject to the conditions in attached "Exhibit A",
which are intended to replace all previous approval conditions relating to the flex/reserve unit
allocation, height and setback variances, and special exception (PUD) approval.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED on November 23, 2004.
C.I . MCEL A
MAYOR—COMMISSIONER
ATTEST: ROLL CALL:
> COMMISSIONER ANTON- YES
COMMISSIONER CHUNN- YES
LOUISE STILSON COMMISSIONER FLURY- YES
• CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
2 RESOLUTION NO. 2004-200
l
APPROVED AS TO FORM AND CORRECTNESS:
BY: " / n
T O J. A SBRO
CITY ATTORINEY
3 RESOLUTION NO. 2004-200
EXHIBIT A
1) Developer to record City Attorney approved Unity of Title (connecting all
described parcels) by February 1, 2005.
2) Developer to record deed restriction or some other legal mechanism(approved by
the City Attorney) to voluntarily limit development of this parcel to
condominium with rental restrictions. The voluntary restriction should be
enforceable against subsequent owners. Document to be recorded by February 1,
2005.
3) Developer to record a conservation easement prohibiting development in the
wetland area by February 1, 2005.
4) Condominium documents disclosing airport runway expansion plans(and noise
impact upon project)and route of the AES Ocean Express Natural Gas Pipeline
to be reviewed by staff prior to February 1,2005 and recorded prior to issuance
of any construction permits.
5) Prior to issuance of building permits,developer to enter into an agreement with
the City Commission committing to bring water and sewer service to the project
(including required off-site improvements) or provide funds necessary to
complete the work; agreement to be based on the recommendations of Public
Services Director.
6) Developer to demonstrate compliance with infrastructure and civil engineering
requirements(water, sewer, and drainage,and paving where applicable)prior to
issuance of building permit.
7) Developer to demonstrate (to City Fire Marshal) compliance with emergency
vehicle access and fire flow requirements prior to building permit approval.
8) The applicant's attorney shall submit documentation by December 1,2004,that
applicant, individually and in a corporate capacity, for all lots included within
this project, understands and agrees that the Special Exception, Variances, and
flex/reserve units allocation confer no vested rights or entitlements to any of the
following: (a)Site design,building design,parking configuration,architecture,or
Fire-Rescue Department requirements; (b) Compliance with water, sewer,
paving, and drainage requirements; (c) Compliance with environmental
regulations of any other governmental agency.
9) Efficiency apartments prohibited,and one-bedroom units not to exceed 42%of
total units. Two and three bedroom units to constitute at least 58%of total units.
•
4 RESOLUTION NO. 2004-2®0
_ 10) Developer to demonstrate, prior to the issuance of building permits.
a Compliance with city code wildlife requirements.
b Method of hurricane protection for windows
c Wall/fence detail.
d Vehicle/pedestrian signage detail.
•
5 RESOLUTION NO. 2004-2C0
R.ILEA. GROUP, INC.
FAX TRANSMITTAL LETTER
848 Brickell Avenue,Suite 1010,Miami,Florida 33131
Telephone: (305)371-5254,Fax: (305)3714642
E-Mail; cen.taral@arUeagroup.com
WWWAleagroup.com
TO: Mr. Larry Leeds,Dept.Director FAX#: 954-924-3642
City of Dania Beach
FROM: Mr. Alan Ojeda DATE: January 4,2005
SUBJECT: Amount Invested No.of pages: 1
(Including cover page)
i
i
Dear Mr. Leeds,
As per your request,I would like to inf6im you that as of today the amount of monies invested in
i
the property is as follows:
I
Land 6,786,219
Real Esate Taxes 40,166
Legal 142,329
Consultants 236,694 .
Other 20.894
7,226,302
If you need any further information please contact me.
Sincerely,
Alan Ojeda
pP
I ® A
G R O U P
REAL ESTATE DEVELOPERS SINCE 1981
DEC 2 8 2004
December 22, 2004
Mr. Laurence Leeds, AICP
Community Development
Department Director
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Re: Park Ocean LLC property (f. k. a. Ocean Development)
Dear Larry,
I am sending you this letter to request permission to amend Resolution# 2004-200
Section Lb. We would like to present our request to the City Commission.of January 11,
2005 if possible,that all items in section 1-b would be extended to July 1, 2006 (to match
section 1-a) subject to our submission to the City of Dania Beach of a full se-ofplans,
inclusive of all working drawings, ready to apply for a full building permit before
December 31, 2005.
Also, I want to inform you that we have acquired the property of reference from Ocean
Development Properties on September 30, 2004 in-an all cash transaction. The acquiring
entity is Park Ocean LLC a Florida Limited Liability Company of which Rilea Dania
LLC, a subsidiary of Rilea Group, that is fully owned by me, is the managing member.
In other words, we as developers we own the property and fully intend to develop it.
Thanking you for your constant effort and hoping we can be in the January 11, 2005
agenda, I wish you very happy holidays. All the best
War st regards,
C
Alan Ojeda
cc: Bonnie Miskel
Scott Bakos
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
SE-71-03NA-72-03/LU F-23-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, January 11, 2004, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach
City Commission Chambers, Dania Beach 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 request:
Request by Park Ocean LLC, c/or the Rilea Group, to modify the time extension conditions as follows:
1) Extend variance approval (VA-72-03 - setback variances) to July 6, 2006, provided the developer
applies for a building permit and submits a full set of working construction drawings prior to December
31, 2005.
2) Extend Special Exception approval (SE-71-03 - Planned Unit Development) to July 6, 2006,
provided the developer applies for a building permit and submits a full set of working construction
drawings prior to December 31, 2005.
3) Extend flex/reserve unit allocation approval (LUF-23-03) to July 6, 2006, provided the developer
applies for a building permit and submits a full set of working construction drawings prior to December
31, 2005.
The above requests are in conjunction with a previously approved site plan to construct a 15
story multifamily residential building on a parcel of land located on the north side of Dania
Beach Boulevard approximately 300 feet east of the Motel Six.
Legally described as - Parcel 1: Lot 1 and the south 310 feet of lot 2 "The Pavilion", according to the
plat thereof, as recorded in plat book 77, at page 20, of the public records of Broward County, Florida.
Parcel 2: All of Lot 3 and Lot 2, less the south 310 feet thereof, as measured along the east and west
boundary lines of "The Pavilion", according to the plat thereof, as recorded in plat book 77, at page 20,
of the public records of Broward County, Florida. Parcel 3: The East 1/2 of the NW 1/4 of the NE 1/4 of
the SW 1/a, Section 35, Township 50 South, Range 42 East, Broward County, Florida, and the west 30
feet of parcel "A", "Roddy Dania Plat No. 1", according to the plat thereof, as recorded in plat book 102,
at page 26, of the public records of Broward County, Florida.
Copies of the proposed request is available for viewing in the Community Development 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 Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania
Beach, FL 33004, (954) 924-3622, 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 proceedings is made, which record includes
the testimony and evidence upon which the appeal is to based.
• Lou Ann Cunningham
Planning Associate
Publication Date: Friday, December 31, 2004
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Location map