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Home My WebLink AboutR-2004-092 luf-11-04 Stirling Suites Flex Allocation RESOLUTION NO. 2004- 092 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY RALPH DENUZZIO AND ASSOCIATES REPRESENTING B & I PROPERTIES, LTD. TO ASSIGN 20% OF COMMERCIAL FLEX ACREAGE TO PROPERTY LOCATED NW CORNER OF 1-95 AND STIRLING ROAD, 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, In order to develop industrial property for commercial use, it is necessary to allocate flex acreage in accordance with the City of Dania Beach Land Use Plan; and WHEREAS, Ralph Denuzzio and Associates representing the owner B & I Properties, LTD, has requested assignment of 20% of commercial flex acreage to ® property located at the NW corner of 1-95 and Stirling Road, Dania Beach; 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 2.699 Industrial to Commercial Flex acres shall be allocated to the property, described in Exhibit "A." Section 3. That the commercial 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. Section 4. 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all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon passage and adoption. STIRLING SUITES 1 RESOLUTION NO. 2004-092 PASSED AND ADOPTED THIS 12T" DAY OF MAY, 2004. e, 4�Zl C.K. MCELY MAYOR—C101AMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON — YES 1I7 1/�lJ�� COMMISSIONER CHUNN — YES LOUISE STILSON COMMISSIONER FLURY — YES CITY CLERK VICE—MAYOR MIKES — YES MAYOR MCELYEA — YES APPROVED AS TO F RM ND CORRECTNESS: BY: THOMAS J ANSBRO CITY ATT RNEY STIRLING SUITES 2 RESOLUTION NO. 2004-092 EXHIBIT `A' LEGAL DESCRIPTION THE EAST HALF (E Y2) OF THE SOUTHWEST QUARTER (SW %) OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA TOGETHER WITH: THE EAST HALF (E %) OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHWEST QUARTER (SW %a ) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS (O.R. BOOK 6555 PG. 518 B.C.R.) BEGINNING ON THE SOUTH LINE OF SAID SECTION 33, AT A POINT 1746.41 FEET EASTERLY FROM THE BEGINNING ON THE SOUTH LINE OF SAID SECTION, FROM THENCE RUN NORTH 6 DEGREES 42 MINUTES 59 SECONDS EAST 471.82 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 5629.65 FEET; RUN THENCE NORTHERLY 203.71 FEET ALONG SAID CURVE TO THE NORTH LINE OF THE SOUTHWEST % OF THE SOUTHEAST % OF THE SOUTHWEST '/4 OF SAID SECTION 33; THENCE EASTERLY ALONG THE SAID NORTH LINE A DISTANCE OF 171.50 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST '/4 OF THE SOUTHEAST Y4 OF THE SOUTHWEST Y4 OF SAID SECTION 33 A DISTANCE OF 262.84 FEET T OTHE POINT OF BEGINNING AND BEGINNING A A POINT AT THE INTERSECTION OF THE EXISTING WESTERLY RIGHT OF WAY LINE OF STATE ROAD 9 AND THE SOUTH LINE OF SAID SECTION 33, SAID POINT BEING 932.49 FEET SOUTH 87 DEGREES 56 MINUTES 14 SECONDS WEST OF THE SOUTH % CORNER OF SAID SECTION 33, RUN NORTH 06 DEGREES 42 MINUTES 59 SECONDS EAST, ON SAID EXISTING RIGHT OF WAY LINE, A DISTANCE OF 471.82 FEET; THENCE SOUTH 13 DEGREES 18 MINUTES 21 SECONDS • WEST, A DISTANCE OF 213.31 FEET; THENCE SOUTH 19 DEGREES 02 MINUTES 32 SECONDS WEST, A DISTANCE OF 241.83 FEET; TEHNCE SOUTH 01 DEGREES 22 MINUTES 06 SECONDS EAST, A DISTANCE OF 35.01 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 33, THENCE NORTH 87 DEGREES 56 MINUTES 14 SECONDS EAST ON SAID SOUTH SECTION LINE A DISTANCE OF 72.03 FEET TO THE POINT OF BEGINNING. AND PARCEL 104 FEE SIMPLE RIGHT OF WAY (O.R. BOOK 23425 PG. 834 B.C.R.) THAT PART OF THE EAST '/ OF THE SOUTHWEST % OF THE SOUTHEAST % OF THE SOUTHWEST %4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE EXISTING RIGHT OF WAYS FOR 1-95 AND STIRLING ROAD, LYING IN BROWARD COUNTY, FLROIDA, BEING RECORDED IN OFFICIAL RECORDS BOOK 23425 PAGE 834 SUBJECT TO EASEMENTS OF RECORD TOTAL AREA= 2.699 ACRES MORE OR LESS. • STIRLING SUITES 3 RESOLUTION NO. 2004-092 r City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3"S Development Application t/Assignment of Flex/Reserve Units ❑ Delegation Request F E B 13 2004 ❑ Land Use Change ❑ Outdoor Seating ❑ Plat ❑ Rezoning Date Rec'd: ❑ site Plan ❑ Special Exception Petition No.: LAAr— ❑ Special Request ❑ Traftway Waiver ❑ variance ❑ vacation Request ❑ Other This application must be completed in full and submitted along with all necessary documents for it to be processed. TH S APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISMONS 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 FOR 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 _ Static 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:IME 11oWWRT QUMUL 6 Z-qS 9mb 3rtfuY 9DAO Lot(s): Block: Subdivision: Recorded Plat Name: QLAT IS roT rZECpm� AAT' IL%MW (gc.J' MlUn1h'3tQD0P4 e Folio Number(s): YEYyX• 5 60 03-10 Legal Description: [LCmC 5C:z 114c AMEALAD Present Zoning-IkL Present Land Use:UMST91ALExplanation of Request: La i�wLh TWO C-\�e vbm t�eiL1S Prop. Net Acreage: Gross Acreage: a. (cL Prop. Square Footage: Q a�LAO SF 1.Value of Improvement: 9i i000 Est'd Date of Completion: FL . a0o1 Ptt�c� t = l-tr-8•�oOb Will Project be Phased: `in If yes, Est'd Completion of each Phase: P HIM rc X: C-17B- aoo? \.T Existing Use: �NCA t�D Proposed Use: 101t�l.__ • Name of Applica Consultant/Representative(drde one): MA Address of Applicant: 31�05 N3 lob N�01 STD �a3 , Vin t�1at ,Fl- 33 tZ Business Telephone:305 t46'1 3t34 Home:305 S1o� D$lo Fax: 30� OtS lR"R Name of Property Owner: L Address of Property Owner: 3%05 00 WI ABC , SU1'tL- la3 fh114k1 16- 33 11& Business Telephone:30S to 161 3134 Home 305 S"to�-�j0�(o Fax: SOS ot`S t lot(o I List any additional action(i.e. special exception,variance, rezoning,etc.)that may be needed to support the proposed project: �,I ' a'i t' List all previous action that has occurred on this property: PoLlo 2 lU4T ��n, V� ROTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY Sworn to nd subsc,'beed be re m Appli five: Thls,/ day of b�7 20 -Si Date: - Sign Name of Notary Public---- _-.-- _ (Print Name) ------- State of l0'l = 1 Fl 1 Print Name of Notary Street Address,City, State and Zip Code 7 7 14 DS S . 9 bl Comm! Telephone No. &Fax SAW* 254208 29 2007 WHEN P PE PETITIONER IS NOT THE OWNER OF THE SU63ECF PROPERTY PLEASE COMPLETE THE FOLLOWING: This is to certify that I am the owner of subject lands described above and that I have authorized (Applkant/Consult rt/Represerttative) t0 make and file the aforesaid application. y Sworn to d subscJ be re me This day of 20 CSf Date:-3 —�itZA Sign Name of Notary Public (Prin Name) State of( YlG�'n'9) 101TR S?t� t�3; k�i u 1�FL 3t1 7$ i Print Name of Notary Street Address,City,State and Zip Code �.. commission Seal: �a� EDITH� !TeplW�iN6. &` Fax No. MY coMM1SS10N 4 D1254208 °� EXPIRES:September AGENDA REQUEST FORM CITY OF DANIA BEACH IQ AGENDA ITEM NO. e 1. DATE OF COMMISSION MEETING: MAY 12, 2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—LUF-11-04— LAND USE FLEX FROM INDUSTRIAL TO COMMERCIAL 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request by Ralph Denuzzio & Associates representing B & I Properties, Ltd., to assign 20% of commercial flex acreage to property located at NW corner of 1-95 and Stirling Road. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Application Location Map • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval at their April 21, 2004 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date April 28, 2004 Community Development Department City Manager Date • CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C_ Community Management Department DATE: May 12, 2004 SUBJECT: LUF-11-04: Request by Ralph Denuzzio & Associates representing B & I Properties, Ltd., for assignment of commercial flex acreage (20% Industrial-to-Commercial Flex Rule) at the NW corner of I-95 and Stirling Road The City Commission previously approved a 2.699 acre perimeter plat at the northwest corner of I-95 and Stirling. The site is zoned "IROC" and has an "Industrial" County Land Use Plan Designation. ® The applicant wishes to develop the property for hotel use. IROC allow subject containing 100 or more rooms subject to certain conditions. However, Broward County will not allow hotel use on "Industrial" land unless Dania Beach either amends it Comprehensive Plan or applies commercial flex acreage pursuant to the 20% commercial flex rule. Currently, the City has 41.8 commercial acres available. Based on the location of this property, abutting uses, and the size of the parcel, staff recommends assigning applying the 20% commercial flex rule. This will still leave a balance of approximately 31 acres. Staff originally recommended approval for six months to the Planning and Zoning Advisory Board. However, Broward County will not accept temporary assignment of flex acreage for purposes of plat approval. As such, staff is amending its recommendation to support a permanent allocation of commercial flex acreage. PLANNING AND ZONING BOARD RECOMMENDATION Approval for six months. STAFF RECOMMENDATION Approval. 20%Flex Rule:Stirling Suites Plat