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HomeMy WebLinkAboutR-2005-181 Watercolors Appeal RESOLUTION NO. 2005-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY ELIAS ZELMAN PERCHIK, ON BEHALF OF THE OWNER REAL ESTATE DEVELOPMENT I, LLC., FOR PROPERTY GENERALLY LOCATED AT 4716 AND 4732 SW 32 AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order,requirement,decision or determination made by an administrative official in the enforcement of this chapter; and WHEREAS, Elias Zelman Perchik, on behalf of the owner Real Estate Development I, LLC., for property located at 4716 and 4732 SW 32nd Avenue, in Dania Beach, has requested an appeal from the decision of the Director of Community Development, that the existing site plan, which expired on April 28,2005, must be resubmitted as a new site plan application and meet all of the requirements of the current zoning code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request dated October 10, 2005 for an administrative appeal, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved for a five month extension, provided it is only for this developer. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 22, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES d COMMISSIONER BERTINO - YES LOU-ISE STILSON COMMISSIONER MCELYEA - ABSENT CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED A TO FORM AND CORRECTNESS BY: r'.'\ -� %N THO AS RO CITY AT olio EY • 2 RESOLUTION 2005-181 City of Dania Beach, Florida Department of Community Development Planning and Zoning Divisl®n (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units OCT 1 0 iu"�U ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: �P.3q-v3 C-, ❑ Special Request ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request Other: ? ,®r 24111E OF AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED. IMPORTANT: THE APPL$CANT OR THjEjR__AU1H9R1MR LEGAL AGENT MUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMjss"%O MEETINGS. P� `--N" REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION- CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: ` 4 7 ?J 7 % li AV Lot(s): 1 Block: Subdivision: 6i 4 h A'L, Recorded Plat Name: 6AX AV 6190 V fC1 Folio Number(s): Legal Description: Cpplicla/n-IConsultant/Legal Representative(circle one) UJ&t�' 5//6L'M.44 W61+1 r-7 Address of((����plicantO:. v w� (i{/A- - GOV�:0:N'TW N A- � U- / � Z Iusiness Telephone: '' me: Name of Property Owner: AG F'91;qt 126V• $ Address of Property Owner: WA� W j�� 3 f 7- Business Telephone Home: l� o -4 Fax: Ir4--M`7?7Z�Q, Explanation of Request: �� J uv rJ• g� �/2DUf}-lam Prop. Net AcreagefKo0 1"" Gross Acreage: Prop, Square Footage: • Existing Use: �J P Proposed Use: l� �7�/kjOf'i� faUMIOLMES Is property owned individual) 'y, by a corporation, or a joint venture? APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Con lus tan presen v This V day of im_200� Signatur/e: Date: 6 LD G G r,�, "NamejqfNotary (Print ameStat of( cQ eq,ot G v A l S u6 41* A J Print Namd of Notary . Str g%04. A ddre-Is, City, State and Zip Code G L.-INV'Pl ( Z7� 9 Commission,pq;lres Z (Q 4 ^ J+X 9i Seal: Telephone No. &Fax No. ad'S7 . • - C' 6� r�-9s sr ��� o INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20 Signature: Date: Sin Name of Notary Public g rY (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below orporadon is the owner of subject lands described above and that I, a duly authorized offlc have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of d" 202!C_ I Signature: Date: to "l0 AN ow A-C, • I . (Print Name) A- Sign ame Qf Notary (Print title) z State of( /o ew^� kA5-IVA^FL N �JAq • r 1 7. Print Name of Notaiii" r ,r�,�, ;` � Street Address, City, State and Zip Code Commission Expires: / 9 .`�, ` Seal: '" Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consuitant/Representadve) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. _ 0 IRe VIIIIIIIIIIIIII.`����w:•��������err �PROPERTY LINE �. r t m ■�■ �m _ I II II ■�■ I -_- :-: ::: ■ I g �ISiil■ r # �— ■ t'rl7 �_ _� '� • - • M t , U� L :Ile�� .� S 1 ?�• �Y■ ___,�.;■ I•:u n�r��ll=il - � L J i r- I\ 4i^�1fit'!�I \ ��t!•.?EP&eeiLii[:{iEi Eiiii?:,??:ppSr:;,r.31ap°E;.;?t:#:a, _ /i\�p�i„r,•,. \ •::r.::a:::x:::iriii:r:::u:i::r::;d::, �!{: ���\•. :\ eo,#1[?�i[?'iii#'i�''iii?#'iii##{:{��ii!ii='i'#Iul=i'r!'i�' \ � [:, a#a lei?1 ff 1(#- :71.;f e�III, I�.!�' i.._� Yryj7�iiliii' ? EI#?i� iPlP# ■ _ Ili►ly�'.F.:IaS°a�IL 1e4Ii MrP tam `:�� � ■#!mg �J'iL•�■I �uei■L•�■I pnn#■■rihy I■..�JL� �ilmi■ �' • f TOWNHOMES AT DANIA BEACHDANIA BEACH, FLORIDA t ,,,© _ AGENDA REQUEST FORM CITY OF DANIA BEACH o AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: NOVEMBER 22, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—SITE PLAN EXTENSION APPEAL. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Site plan extension approval request by Gustavo J. Carbonell,AIA, representing Elias Perchik, owner of Real Estate Development I, LLC., for property located at 4716 &4732 SW 32 Ave, Dania Beach. S. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Letter from Gustavo Carbonell, Architect P.A. Resolution Approved Resolution #2003-248 Application Public Hearing Notice/Location Map Mailing List Site plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: November 1, 2005 Community Development Department City Manager Date — CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 22, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G. G SUBJECT: SP-39-OSEXT: The applicant Elias Zelman Perchik, on behalf of the owner, Real Estate Development I, LLC., is requesting an appeal of an administrative decision to extend a previously expired site plan for a property located at 4716 & 4732 SW 32 Avenue. APPEAL OF AN ADMINISTRATIVE DECISION To extend the approval of an expired site plan. On October 28, 2003 the City Commission approved, with conditions, a site plan (Resolution No. 2003-248) for the construction of 10 town homes. That approval was valid for 18 months and expired on April 28, 2005. The applicant is requesting the City Commission to extend the approval of the existing site plan instead of submitting a new site plan application as required by code. The applicant has indicated that permitting was delayed due to the lengthy time required to obtain lift station approval from Broward County Utilities. STAFF RECOMMENDATION At the City Commission's discretion. '03/2005 11: 56 9545270857 •1VJ -- --- Gustavo Carbonell, Architect 1F.A. 1457 N.E. Fourth Avenue ]Pt. Lauderdale, FL 33304 Phone (954) 462-6565 Fasa (954) 527-0957 Email: GcarbonellnGicarcb.com October.2, 2005 Ms. Corinne Church. AICP, Principal Planner City of Dania Beach Community Development Planning Division 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 RE: Watercolors I Site Plan Approved as SP-39-03 under resolution 2003-248 on November 4, 2003. Dear Ms. Church: Thanks for your prompt reply regarding the status of referenced site plan appr,wal. Since the begin ling it was my client's desire to build this development as soon as possil0le. The site plan approval process was very smooth and without any controversies. Final construction plans were drawn and submitted for a building permit several rionths ago and then the process stopped. The building permit review process indicated di at until an approval from Broward County DEPEP was obtained, no permits could be .ssved. The property had no sanitary sewers and the process was commenced immedittel ti'with the design., submission process,purchase of an additional property to place the life: station, bidding process, review of bids by Broward County, review by attorneys and final ly a developer's agreement was obtained and plans now have been approved by D.E.PF,:P and are in the 'Juilding department for final review. Obtaining the approvals for a new lift station by Broward County Utilities is a very lengthy process you probably know since several projects in the City of Dania .ge,ach have to build their own lift station to serve not only their projects but large portions of the neighborhood. Most cities have a mechanism whereby the City Commission can extend the approval of the site plan or renew it with a resolution. It will be very unfair to delay this project for reasons beyond our control. Had sewers been available, the development would be completed at this time. We are willing to incorporate any changes if any to the site plan for changesoinrdLicct might have occurred since the site plan was approved. Sincerely: Crustavo J/ 007957 OCT — 3 2005 RESOLUTION NO. 2003 -248 A RESOLUTION OF THE CITY OF DANIA BEACH, . FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GUSTAVO CARBONELL, AIA, REPRESENTING ELIAS PEACHIK, OWNER OF REAL ESTATE DEVELOPMENT 1, LLC., FOR PROPERTY LOCATED APPROXIMATELY 235 FEET NORTH OF GRIFFIN ROAD ON SW 32No AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Gustavo Carbonell, AIA, representing Elias Peachik, Owner of Real Estate Development I, LLC., has applied for site plan approval for the proposed construction of 10 town homes, for property located approximately 285 feet north of Griffin . Road on SW 32"d Avenue, in the City of Dania Beach; and WHEREAS, the Planning & Zoning Board on September 17, 2003, recommended that the City Commission grant the site plan request (SP-39-03), based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (SP-39-03)for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1) Applicant to provide a copy of the title report to verify that the public record search was conducted. SP-39-03 1 RESOLU®N NO. 2003-248 2) Applicant to provide a unity of title, unifying lots 17 and 18. 3) Easements and right of ways must match neighboring properties at minimum. (Public Services) 4) Homeowners Association documents to be submitted and reviewed by staff prior to issuance of building permits. Homeowners Association documents to identify garages as 1 Y car garage and to identify the location of the project in terms of distance from active runways at Fort Lauderdale-Hollywood airport. 5) Revise sheet A-1 to show 1 Y car garages and a 20 foot garage depth. 6) Tile roof required. It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p) of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 18 months from the date of this resolution. SecSec_tiion 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 THIS 28t" DAY OF OCTOBER, 2003. BOB A TO MAYOR-COMMISSIONER SP-39-03 2 RESOLLION NO. 2003-248 I ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES CITY CL JO ` SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: BY: ' TH M SRO CITY ATTORNEY SP-39-03 3 RESOLUQ)N NO. 2003-248 al'%�QLIUI i 1U1 Oiie man Hpproy 100 W. Dania Beach Blvd. Dania Beach, FL 33004 M AY - 7 2 03 Date - (954) 924-3645 Phone (954) 922-2687 Fax Application SP.-0—1-03. The undersigned petitions the Growth Management Department and/or the City Commission of the City of Dania Beach to consider site plan approval on the parcel(s)of land described in this application. NAME OFAPPLICANT: W-A- Gv�,0 — I6�rV7 ert4 GJ�-(L1� • ADDRESS OF APPLICANT: I b Q LA v 1 6A) G1 l APPLICANT PHON & FAX: 6 PROPERTY INTEREST OF APPLICANT(Please provide documentation): -49 f A NAME AND ADDRESS OF PROPERTY = roof=onershiliandLnottheapp ant-authorization lett�reyr to apply as representative): a G Tk s ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT PROPERTY (Attach legal desc ptlon if necessary): (41F* 11 110 � � I � Chi .10 RECORDED PLAT NAME: C"" agOV&t ,02 EXISTING LAND USE DESIGNATION: L A- I?eh. EXISTING ZONING: �® LOT SVE:d—Y'/SZ ACREAGE SO. FT. O , DESCRIPTION OF PROJECT: _05:4-fVe7,=&1.. (/0 7010N ftLd ) LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE REQURIED TO SUPPORT THIS APPLICATION: ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION: Sworn to nd subscribed efore a Signature of Petitioner this _c' day of // 20 0.� ffNotaryyJPaub61r[rc5.Stata of Prin d Nam of Not IMP /� �Strelet Address,City State Zip Commissi obduli Seal: ;. a�eea�-.— '- Telephone Number tie Cho rad WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE FOLLOWING: This is to certify that i am the owner of subject lands described bove in the_?JETITION FOR SITE PLAN APPROVAL and that I have authorized C� A, ge file the aforesaid PETITION FOR SITE PLAN APPROVAL. to make and Swo nd subscribe fore a Signatur P Iti this� day of 20 D� A Notary Public State of Pdnte Name f Notary GI`� Street Address, City State &Zip �) Commission Expires Cbd>� Vkkles _ Seal: 14 pie ' Telephone Num or ca. fft Site Plan Fees are calculated as follows: Residential - $273.00 Base Fee,plus $8.80 per unit for the first 100 units, plus $4.40 for each unit In excess of 100 units. 'L,�+ 08.90 -1- Non-Residential/Hotsi-Motel-$275.00 Base Fee, plus$1.10 pet 100 sq.ft.for the first 10,000 sq. tt. Plug 0.55 per 100 sq. ft. for that portion in excess of 10,000 sq.R. Major revision for residential or non-residential and hotel/motel site plan—A of site plan fee. In addition, a retainer Is required for administrative and advertising costs-(As per Ch. 28,Article 9.60.Recovery of coats...) Minimum fee required is Q 000.00 plus the application fee for Non-Residential fa /Hotel-Motel Multl- mlh►and and Sit®Plan R®Vrlions Minimum fee re uired is $3,000.00Plus the a plication fee for Du lex Residential