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Home My WebLink AboutR-2004-049 Ocean Development Flex Time Extension - amend 2003-139 RESOLUTION NO. 2004- 049 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY CHARLES PUTMAN &ASSOCIATES, INC., REPRESENTING BARRY MORRIS C/O OCEAN DEVELOPMENT PROPERTIES, LLC, FOR A NINE MONTH EXTENSION OF TIME OF THE PREVIOUSLY APPROVED FLEX / RESERVE UNIT ALLOCATION REQUEST (RESOLUTION 2003-139); PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, DANIA BEACH; LEGALLY DESCRIBED IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On May 28, 2003 the City Commission approved the request for flex/ reserve unit allocation LUF-23-03, assigning up to 54 flexibility and/or reserve units for a period of twelve (12) months to the property located on the east side of Gulfstream Road and along the north side of Dania Beach Boulevard know as the Ocean Development project; and WHEREAS, at the end of the twelve (12) month period, the allocation of these units would expire; and WHEREAS, Charles Putnam & Associates, Inc. is requesting a nine month extension of time for the allocation of the 54 flex/reserve unit (LUF-23-03) approved by Resolution 2003-139; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request for an extension of time for application LUF-23-03 approved by resolution 2003-139, is approved for the property identified in Exhibit "A. Section 2. That the flex allocation confers no vested rights or entitlements with respect to building design, building height, setbacks, density, required parking, or landscaping beyond what is allowed or required under the existing zoning. 1 RESOLUTION NO. 2004-049 Section 3. That the Flex/Reserve (LUF-23-03) approval to allocate up to 54 flex ® and/or reserve units is extended until January 1st, 2005. Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 9T" DAY OF MARCH, 2004. C.K. MCE A MAYOR-COMMISSIONER AT ST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES MIRIAM NASSER COMMISSIONER FLURY - YES ACTING CITY CLERK VICE MAYOR MIKES - YES MAYOR MCELYEA- YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J'. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2004-049 EXHIBIT `A' • Legal Description Lot 1, 2, and 3 "The Pavilion" according to the plat thereof, as recorded in Plat Book 66, at Page 20, of the public records of Broward County, Florida. Together with The East%of the NW 1/4 of the NE '/4 of the SW'/4, 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. 3 RESOLUTION NO. 2004-049 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 9, 2004 2. DESCRIPTION OF AGENDA ITEM: REQUEST FOR EXTENSION OF TIME FOR FLEXIRESERVE APPROVAL FOR OCEAN DEVELOPMENT PROJECT 3. COMMISSION ACTION BEING REQUESTED: EXTEND EXPIRATION OF RESOLUTION 2003- 139 FOR A PERIOD OF NINE MONTHS 4. SUMMARY EXPLANATION & BACKGROUND: CHARLES PUTMAN & ASSOCIATES, INC. WISH TO OBTAIN AN EXTENSION OF TIME FOR THE APPROVAL OF THE FLEX/RESERVE UNIT ALLOCATION FOR A PERIOD OF NINE MONTHS FROM THE EXPIRATION DATE7--QRMAY�,28, V. 200410 FEBRUARY28;�2U05a� . . � , 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report Resolution Resolution 2003-139 . Application Request Letter from Charles Putman &Associates, Inc. 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: ...... .wwvk.6UlP«.. Submitted by: Laurence G. Leeds,AICP, Director Date March 2,2004 Community Development Department City Manager Date CITY OF DANIA BEACH ® COMMUNITY DEVELOPMENT STAFF REPORT DATE: March 9, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C, C SUBJECT: LUF-23-03: A request by Charles Putman & Associates, on behalf of Barry N. Morris c/o Ocean Development, LLC requesting an extension of a previously approved 54 flex and reserve units (Property located on the north side of Dania Beach Boulevard approximately 300 feet east of the Motel Six) On May 28, 2003, the City Commission assigned 34 flex and 20 reserve units to the subject property, allowing a total of 288 dwelling units to be constructed at this site. The City Commission approved the flex/reserve allocation for. one year. Applicant has requested a nine month extension. • On September 23 2003 the City Commission p ty approved a land use change from Residential 16 and Commercial to "Irregular Residential 15" for the entire site. The applicant subsequently submitted a Planned Unit Development ("PUD") Master Plan and Zoning Change consistent with the flex/reserve allocation. Applicant's Planned Unit Development ("PUD") Master Plan limits development to the upland portion of the site (approximately four acres) abutting Dania Beach Boulevard. The remaining 15 acres to the rear will be undeveloped. Based on the small number of flex and reserve units associated with this development and applicant's plan to preserve 75% of the site, staff recommends the flex/reserve allocation be made permanent, subject to recertification by the Broward County Planning Council. Please note that applicant is still required to obtain PUD Master Plan approval, rezoning, and site plan approval. RECOMMENDATION Approval to permanently allocate flex and reserve units, subject to ® recertification by the Broward County Planning Council. Ocean Development Flex Review 1 of 1 ,) l RESOLUTION NO. 2003-139 ® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ALLOCATING 54 RESERVE AND/OR FLEX UNITS TO THE PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, DANIA BEACH; LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by separate Ordinance, an application to amend the City's Future Land Use Plan Map to designate the property located on the east side of Gulfstream Road and along the north side of Dania Beach Boulevard, Dania Beach; legally described in Exhibit "A", a copy of which is attached to this Resolution to "Irregular Residential 15" (15 dwelling units /acre) has been submitted; and WHEREAS, the owner of the property has also requested allocation of 54 Reserve and/or Flex units to the parcel. ® BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing whereas clauses are hereby ratified and- incorporated as the legislative intent of this Resolution. Section 2. That up to 54 Reserve and/or Flex Units shall be allocated to the property, described in Exhibit "A." Section 3. That the flex/reserve allocation confers no vested rights or entitlements with respect to building design, building height, setbacks, density, required parking, or landscaping beyond what is allowed or required under the existing zoning. Section 4. That the flex/reserve allocation will expire within 12 months of adoption. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-139 Section 6. That this resolution shall be in force and take effect immediately upon passage and adoption. ® PASSED AND ADOPTED THIS 28TH DAY OF MAY, 2003. Aw� OB ANTON - MAYOR -COMMISSIONER -- ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES - C_" COMMISSIONER FLURY-YES CHARLENE JO SON COMMISSIONER MIKES -YES CITY CLERK VICE-MAYOR MCELYEA- YES MAYOR ANTON -YES APPROVED AS F R AND CORRECTNESS: BY: rHO S J. ANSBRO CITY-ATTORNEY 2 RESOLUTION NO. 2003-139 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Development Application Assignment of Flex/Reserve Units ❑ Delegation Request (3 Land Use Change ❑. Outdoor Seating. ` ❑ Plat ❑ Rezoning Date Rec'd: _ W ❑ Site Plan ❑ Special Exception Petition No.: Cl Special Request _ ❑ Traffcvvay Waiver ❑ Variance ❑ Vacation Request ❑ Otherr ` ' This application must be completed in full and submitted along with all necessary documents for it to be processed. THIS APPLICANT WILL NOT BE PLACED ON ABOARD OR COMMISSION'S AGENDA UNTIL IT IS COMPLETE., Refer to the"Application Type" and "Required Documentation" checklist to determine the supplemental documents required with each application. STAFF,,WILL PROVIDE THE APPROPRIATE CHECKLIST FQR EACH TYPE OF APPLICATION. All required exhibits must be collated in individual sets.: Full sized plans submitted shall be signed and sealed by an architect registered in the State of Florida, and other appropriate design professionals: The applicant of record or their authorized legal agent shall present projects to the pertinent board. ® For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. Location Address: 04)0.- [JaeAJf_n Lot(s): Block: ((��Subdivision: Recorded Plat Name: W-I_tf`�f4Vl Wor1-R-►4t , £ 'jJl= W. 3D� o-F iceII *�� 1 r ►►d 1 bTs} - ARMS1W RAITQ Folio Number(s): `M NTTW_14: D Legal Description: S WT O! t1 0 gm-1V Present Zoning:0-- ')- Present Land Use: la,r�. i 5 Explanation of Request: SEE A- W} 2_&d. Prop. Net Acreage: �_ ( Gross Acreage: Prop. Square Footage: 13 Value of Improvement: Est'd Date of Completion: Q) A Will Project be Phased: �A If yes, Fst'd Completion of each Phase: y Existing Use: Y A Proposed Use: MUL-T— a Name of Applicant/Consultant/Representative(circle one): �:� L� PITM� Address of Applicant: &Q . ,o!�* - tAOm 3-1(3) Business Telephone: 4M (g),I I Horne: FW 5DDgA•OA47 Name of Property Owner: 9"01w 5 C 10 Address of Property Owner: 59, &SVEL 'g-. 1 � 1 d • y�� Business Telephone: 16 20 • 5 Home: Fax: List any additional action(i.e. special exception,variance, rezoning, etc.)that may be needed to support the proposed project: 2 j�A42 N C I CMS Pl 5 S 4 List all previous action that has occurred on this property: L **)D Ua s c414� NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. Sworn to and subscribed before me Applicant/Consultant/R resentative: This 7y day of Fe b F . 20 O 14 Signature: Date: Q-9-O"/ ' Sign Name of Notary Public (Print Name) .� State of( FLOP I DA ) V A ewerr 4r n �y � C:�9 -as,P Street Address City, State and ZipCode Print Name of Notary , ty, =q a-/ -oG, 5b - pig 1 •64 i L �Jp1 Aq4-0*-7 'Y tf Commission Expires: Seal: Telephone No.&Fax No. WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: This is to certify that I am the 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: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS Boca Raton 1 (561) 994-6411 �LANNING I ZONING I PERMITTING Fax 1 (561) 994-0447 February 17, 2004 Larry Leeds CITY OF DANIA BEACH Growth Management Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: EXTENSION OF FLEX/RESERVE APPROVAL. OCEAN DEVELOPMENT PROJECT Dear Larry: The enclosed Resolution No. 2003-139 transferring 54 Flex and/or Reserve Units to the Ocean Development Property was approved on May 28',2003,with a provision that any allocation would expire within twelve(12) months of adoption. As you know the owner and his representatives have been diligently pursuing the various approvals needed to obtain Zoning and Site Plan approval. However,on the current schedule, it does not appear as though all final approvals will be obtained by the May 28, 2004 deadline. ® The 54 Flex/Reserve Units assigned to the property have been incorporated into the project design and are critical to the viability of the project. As such,it is important to us that we be able to obtain a Time Extension for the approval of this density allocation. Please let this letter serve as our formal request that approval of the 54 FlexlReserve Unit transfer provided in Resolution No. 2003-139 be extended for an additional nine month period from the May 28�h date. Per my discussions with Corinne Church, I am herein transmitting an updated Flex Unit Transfer application and the filing fee of$250. I hope this gives you everything you need to process this request. Call if you have any questions or if you need further information. Sincerely, CHARLES PUTMAN&ASSOCIATES, INC. Charles Putman Attachments LeedsLtr 2-5-04.wpd 4722 N.W. Boca Raton Boulevard I Suite C106 1 Boca Raton, Florida 33431