HomeMy WebLinkAboutR-2004-112 VA-72-03 Ocean Development height RESOLUTION NO. 2004-112
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY CHARLES PUTMAN &
ASSOCIATES REPRESENTING BARRY N. MORRIS C/O OCEAN
DEVELOPMENT, LLC., FROM CHAPTER 28, ZONING, ARTICLE 5
SUPPLEMENTARY LOT REGULATIONS; 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, the.Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 5
Supplementary Lot Regulations set the height regulations in the RM-2 zoning district;
and
WHEREAS, Barry N. Morris, Ocean Development, LLC, has applied for a variance
(VA-72-03) to allow the following:
1) Variance to allow a 160 foot tall multifamily residential building (62 feet allowed) as
follows:
Maximum ausidmg hProposed Building
N. .lies ht, Hei ht
Height 5 Stories/ 62' 14 floors/160'
for property generally located on the north side of Dania Beach Boulevard approximately
300 feet east of the Motel Six; and
WHEREAS, the Planning&Zoning Board on February 18, 2004, recommended that
the City Commission grant variance request VA-72-03 based upon the criteria set forth in
section 10.13 of Article 10, of Chapter 28, Zoning, 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 VA-72-03, for a variance as described above (from
• requirements in Chapter 28 Zoning, Article 5, Supplementary Lot Regulations), a copy of
1 RESOLUTION NO. 2004-112
which is attached as Exhibit"A" is approved for a period of six months, subject to additional
architectural modifications as required by the City Commission during the site plan review
process.
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are repealed to the extent of such conflict.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 THIS 22ND DAY OF JUNE, 2004.
C.K. MC LY
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON —YES
.d'1I1� COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - NO
APPROVED AS Tr RM AND CORRECTNESS:
BY: 6
TH MAS i�qtbRo
CITY ATTORNEY
2 RESOLUTION NO. 2004-112
City of Dania Beachf Florida
Growth Management Department
Planning and Zoning Division SEP 17 20013
(954)924-3"S
Development Application
Variance
❑ Special Exception Date Reed:
❑ Site Plan
❑ Rezoning Petition No... Vr4-7Zo 3
❑ Land Use Change
❑ Assignment of Flex/Reserve Units
❑ Vacation Request
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 A BOARD OR COMMISSION'S AGENDA
UNTIL IT IS COP4PLETE. 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
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: b- &WIAul�f
Lot(s): Block: Subdivision:
Recorded Plat Name: " E r r Hr `' bp�%P,
. l °
Folio Number(s): ttWA = Legal Description: iM,1
Gim-uo Rtn�ib s
Present Zonin1g:C- 2 Present Land Use: CpmM Explanation of Request. A yp4AW
AF t (.; Ar &GutMMWr Ej= ��r�►�.,I&b' Al 15.gym►► ! 150' E FMM 0 GariAcC-0P
Prop. Net Acreage: Gross Acreage: ��,P - �r 4D �r
Prop.Square Footage; �I�r
Value of Improvement: Est'd Date of Completion:
Will Project be`Phased: _ If yes, Est'd Completion of each Phase:
Existing Use: VT Proposed Use:
Name of Applicant/tonsultaLnepresentadve(circle one):U UI�Ytd�i 1-V WY
Address of Applican
Business Telephone; CA - _ Home: Fax: • r �
�• Updated3/14/SS
Name of Property Owner: 6A4 OA Pk- fMOUA&7 o CCEAjA bF1&L'of t ZWT L-L-C
_ Address of Property Owner. 51- MM9.W ST. bEwy,,t 0,C)t '00 Ur7-OL,
Business Telephone:60h•11)2D•3AC2 Home: Fax: qnA•R7A •` 11 D1
List any additional action(i.e. special exception,variance,rezoning,etc.)that may be needed to support
the proposed project:
List all previous action that has occurred on this property:
NOTE: ALL. SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Swom to and subscribed before me Applic Consultan a tative:
This&21 day ofMA9 -f/ 20Q3 S
Signature: Date:2 _
� _C1�+A�, Arn►�A�
Sign Name of Notary Public (Print Name)
State of( FI00 DA I)
-_V ley fa, A AI.W.'0MA fjkr 4 two Ky C-1 OlA
Print Name of Notary Street Address,City,State and Zip Code Z0cA WOW i IFL 2�%3 l
Commission Expires: 1-04 15LRI •q4-Log II i rwk •PAq • mlLkn
Seal: Telephone No.&Fax No,
,.victoria A.Hewett
'Handy�
;Q,R , Atlantic Handing Ca..mc.
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/ConsultanURepresentadve) t AV77 WN"M to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This Q day of M#go t4 20D3 _ .
Si Dater
Sign Name of Notary Public Print Na e)
State of( Elder do, )
1/i�r2e.ia A. ATXTT 5,09 4kw-am sr,4 4 ezz �' g,a
Print Name of Notary Street Address,City, State and Zip Code
Commission Expires: .32L- �:ZO=LVtP 7
Seal: Telephone No. &Fax No.
,.�'p'i p%, victoria A.Hewett
=: CamtnW=
''•Foie``` Atlantic Bonding Ca,inc.
AGENDA REQUEST FORM
CITY OF DANIA BEACH
901
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JUNE 22, 2004
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-72-03 VARIANCE REQUEST
(CONTINUED FROM APRIL 13, 2004 MEETING)
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND: -VARIANCE REQUEST SUBMITTED BY
CHARLES PUTMAN &ASSOCIATES REPRESENTING BARRY N. MORRIS C/O OCEAN
DEVELOPMENT, LLC.,TO ALLOW AN INCREASE IN BUILDING HEIGHT.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Application
Public Hearing Notice/ Location Map
Mailing List
Site Plans
. 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their February
18, 2004 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date June 15, 2004
Community Development Department
City Manager Date
CITY OF DANIA REACH
• DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: June 22, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director G. C
Corinne Church, AICP, Principal Planner 04v--
SUBJECT: Request by Charles Putman & Associates, on behalf of Barry N.
Morris c/o Ocean Development, LLC, for a height variances to
construct a 14 story multifamily residential building for a
property located on the north side of Dania Beach Boulevard
approximately 300 feet east of the Motel Six.
Variance:
To allow 160 foot tall building (62 feet allowed).
The subject property is part of a 19 acre parcel previously allowing 234 dwelling units
and an estimated 60,000 square feet of retail space. The City Commission changed the
land use plan and zoning to delete the retail component and increase the residential
component from 234 to 288 dwelling units.
The proposed Planned Unit Development ("PUD") concept calls for two 14 story
residential towers connected by a parking structure on the four acres abutting Dania
Beach Boulevard. The remaining 15 acres to the rear would be preserved in its natural
state.
On April 13, 2004 the City Commission granted a special exception and rezoned the
property pursuant to the Planned Unit Development Master Plan. The Commission also
approved side yard setback variances. The Commission continued the height variance
to allow the applicant to revise the building elevations.
VARIANCE
The applicant has requested a height variance to construct a 14 story, 160 foot tall
building. The City Commission approved a similar height variance on this same
property in 1987 to allow a 12 story building. The 1987 variance expired and the tallest
existing residential buildings in the City are 70 feet or less in height.
1
The subject parcel is outside the boundaries of the CRA and LAC. Further, it is unique
among every other residential parcel in the City based on the following:
1. The site abuts West Lake Park to the east and south, undeveloped commercial
property to the west, and Harbor Town Marina to the north.
2) This site is the most easterly privately-owned parcel of land in the City.
3) This site is not located within the CRA or the Local Activity Center Area.
4) Access is restricted to Dania Beach Boulevard.
5) The portion of this site proposed for development is located over 950 feet from
the nearest established residential development (Sea Oats Condo).
6) The PUD Master Plan preserves approximately 75% of the total site, while
limiting development to 25% of the site.
PLANNING AND ZONING ADVISORY BARD RECOMMENDATION
The Planning and Zoning Advisory Board on February 18, 2004 recommended approval,
subject to additional architectural modifications as required by the City Commission
during the site plan review process.
2
Ocean Development Property
Project Folio Numbers
1023509 00100
1023509 00200
1023509 00300
1023500 01900
1023513 00200
OCEAN 'k _.VELOPMENT PRE. :CT
DAN IA BEACH, FLORIDA
LOTS 1, 2, AND 3 "THE PAVILION" ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 77, AT PAGE 20, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
TOGETHER WITH:
THE EAST 1/2 OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4, 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.
N
LEGAL DESCRIPTION
CHARLES PUTMAN & ASSOCIATES, INC.
LAND DEVELOPEMENT CONSULTANTS
PLANNING - ZONING - PERMITTING
® 4722 N.W. BOCA RATON BOULEVARD-SUITE C106
BOCA RATON,FLORIDA 33431
PHONE: (561)994-6411 -FAX:(561)994-0447
I
VARIANCE REQUEST
OCEAN DEVELOPMENT PROPERTY
DANIA BEACH BOULEVARD
September 17, 2003
Herein transmitted is a formal request for multiple variances necessary for the development of
Parcel '13',as defined by the Ocean Development PUD.
This request is necessary to develop the property efficiently with out disturbing the high quality
wetlands that exist on Parcel W. The applicant is making this request in conjunction with a re-
zoning and a PUD special exception petition to define their development potential. The
applicant hopes to file their final site plan immediately after these approvals are in place. The
variances that are being requested are as follows:
• A 20 ft,variance from the 40 R, side building setback requirement to allow for
a east side setback of 20 ft.to accommodate the residential tower locations.
• A 51 variance from the 40&side building setback requirement to allow for a
west side setback of 35 ft, to accommodate the residential tower locations.
• A IS ft. variance from the 50'side setback requirement for a parking garage to
allow a minimum side setback of 35 ft on both the east and west. This has been
requested to minimize the height of the parking garage and to provide the parking
required by code.
• A 7 story/ 60 ft, variance from the 8/90 ft. height requirement to allow a
maximum building height of 15 stories/150 ft. This will be necessary for the
residential towers and will allow for the 288 dwelling units the proposed Land
Use allows.
In most cases we have been able to meet the requirements of the RM-2 Zoning category as can
be seen in Table 1 - Variance Comparison. However, due to the unique design of this
development,dictated by the environmental constraints,we would like to request the Variances
outline above.
CHARLES PUMAN&ASSOCIATES
P"ER3 I tAND DEVElOP1 Nr COM MAMTs
Boca Raba,Fbida 1(561)994-6411
September 17,2003
®CEAI�i DEVEI.®PNY� r�cOPER'I'Y P
DANIAA BEACH BOULEVARD Page 2
VARIANCE REQUEST
S1'LCI� lCE1P ®IV Z®MW CRdTERU 110.1 D:
Secdonjr
(a.) That special conditions and circumstances exist which are peculiar to the land structure
or building involved and which are not applicable to other lands,structures or building
in the same zoning district
The subject site is a veal► unique parcel of laud that has its own particular set of
circumstances unrelated to other properties in the areas.
(b.) That the special conditions and circumstances do not result from the actions of the
applicant
The special environmental and locadonal conditions that require unique design
solutions and these associated Variances are not the result of actdow by M4 aapplicaM
(c.) That granting'the variance requested will not confer on the applicant any special
_. privilege that is denied by this chapter to other lands,building or structure in this same
zoning district
The approval of the varianceA requested herein,will allow the applicant to achieve the
density that is called for on the City's Land Use Map and which is allowable within the
RMf-2 Zoning category. The Variances requested are related to project design and not
overall intensity.
(d.) That literal interpretation of the provisions of this chapter would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardship on the applicant.
The literal interpretation of the Lard Development Code would require that the
applicant modify his plans,to construct a less desirable project or attempt to encroach
further Into the adjacent environmental area to achieve the allowable density. Neither
option would be desirable and would represent a hardship for the developer.
(e.) That the variance granted is the minimum variance that will make possible the
reasonable use of the land,building or structure.
The Variances requested are the minimum needed to allow the proposed projed to
proceed.
� cHARcFs PMAuv&AssoCLAO
RAMM 1 LMO DLO W CCMULL4ldis
soca Rahn.FkxM 1(561)99"1>
r,.
OCEAN DEVELOPMENT PROPERTY September 17, 2003
DANIA BEACH BOULEVARD Page 3
VARIANCE ZEST
(f.) That the grant of the variance will be in harmony with the general intent and purposed
of this chapter, and that such variance will no be injurious to the area involved or
otherwise detrimental to the public welfare.
The Variances being requested will allow the applicant to construct a project that will
cluster the density of the proposed project on to eadsting upland areas without
requiring encroachment into environmentally sensitive areas. This is a development
approach that is consistent with the City'sgrowth management objectives. In addition,
the resulting development will be consistent with the re-development and re-
vitalization plans for the Dania Beach Boulevard corridor in the City.
VuReq 9-17-03.wpd
CHARLES PUTMAN&ASSOCIATES
PLANNERS I LAND DEVELOPMENT CONSLILTAM
Boca Raton,Fbdda 1(561)994-6411
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• NOTICE OF: `S(�V'1—g�?�l`�i✓1
PUBLIC NEARING
CITY OF DANIA BEACH
VA-72-03 (�
NOTICE.IS HEREBY GIVEN
that a public Rearing will
be held before the.City
Commission on Tuesday;
JurdY,'2$ oOV.;
m., or'is
thereafter
as possible; in-the Dania
Beach ,city;;Commission
Chambers, 4aniA t'Beach_
Adminlstrative ` Center;
100' West ;Danla'•-Beach
Blvd., ganfa;Beac_f1;Fiort-
da 33004,,for the purpose
of hearing an yy c�omments
which mig$ot he made to
the following request:
Applicant: ,Charles, Put-
tman&.Associates',;;
Property,Owne N.
Morrjq c
0
Location: East°of-;'Gulf-
stream Road and North of
Dania Beach Boulevard.'
1.Variance to allow a 160 Copies of the proposed re-
foot tall multifamily resi- quest is available for
dential,building,-t62 feet q.
ailowed) viewing in the Community
Development Depart-
The above requests are In ment,' 100 West Dania
conjunction with a site Beach'Blvd.,Dania Beach,
plan request to construct Florida between the hours
a 160 foot tall multifamily of 8:30 a.m.and 4:30 p.m',
residential building on a Monday - Friday please
parcel of land located on call (954) 924-3645 for
the north side of,Dania more information. Inter-
Beach Boulevard approxf- ested parties may appear
mateiy 300 feet east of at the public hearing and
the Motel Slxx be heard with respect to
the proposed'petition.
• Legally describedPar- In accordance with the
cel 1:Lot 1 and thea s south Americans,With Disablll-
3'10 feet of lot 2,'The Pa- ties Act,persons needing
vial h according to the assistanc to participate
plat thereof.as.recorded in any of these proceed-
2 plat book public
at page ins should' contact
20, of the public records Louise Stilson city Clerk;
of Broward County,Lot 3 100 W Dania Beach Blvd,
an Parcel le All a Lot 3 Dania Beach, FL 33004,
and Lot 2,less the south 954)924-3622,at least 48
ure feet thereof,as mead- pours prior to meeting.
ured along the east and P g•
west boundary lines of An n who decides
'The Pavilion', according to yeerso person
decision
to the plat thereof,as re- PP any
corded in plat book 77,at made by the City Commis-
page 20, of the public sion with regard to any
records of Broward matter considered at this
County, Florida.Parcel 3: meeting or hearing will
The East 1/2 of the NW 1/4 need a record of the pro-
of the NE 1/4 of the SW 1/ ceedings and for such pur-
4. Section 35, Township pose may need to ensure
50 South, Ran$e 42 East, that a verbatim record of
Broward County, Florida, the proceedings is made,
and the west 30 feet of which record includes the
parcel 'A', 'Roddy Dania testimony and evidence
Plat No. 1% according to upon which the appeal is,
the plat thereof,'as re- to based.
corded in plat book 102,at
page 26, of
. the public // WuAnn Cunningham,
records of Broward Planning Associate
County,Florida. June 11,2004
•
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH 1r� -
VA-72-03 Centennial
1904-2004
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
June 22, 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:
Applicant: Charles Putman &Associates
Property Owner: Barry N. Morris c/o Ocean Development, LLC
Location: East of Gulfstream Road and North of Dania Beach Boulevard.
1. Variance to allow a 160 foot tall multifamily residential building (62 feet allowed).
The above requests are in conjunction with a site plan request to construct a 160 foot tall 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 Y2 of the NW % of the NE % of
the SW %, 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 8:30 a.m. and 4:30 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.
LouAnn Cunningham
Planning Associate
Mailed: 6-11-04
•
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