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HomeMy WebLinkAboutR-2004-142 SP-45-04 Ocean Development RESOLUTION NO. 2004442 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY BARRY N. MORRIS C/O OCEAN DEVELOPMENT LLC, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX,IN 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, Barry N. Morris c/o Ocean Development LLC., has applied for site plan approval for the proposed construction of a 14 story multifamily residential building located on the north side of Dania Beach Boulevard approximately 300 feet east of the Motel Six in Dania Beach; and WHEREAS, the Planning & Zoning Board on August 18, 2004, recommended that the City Commission grant the site plan request (SP-45-04), 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 BYTHE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-45-04)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) Developer to record City Attorney approved Unity of Title(connecting all described parcels) by December 1, 2004. (2) Developer to record deed restriction or some other legal mechanism (approved by the City Attorney) by voluntarily limiting development of this parcel to condominium. The voluntary restriction should be enforceable against subsequent owners. Document to be recorded by December 1, 2004. SP-45-04 OCEAN DEVELOPMENT 1 RESOLUTION NO. 2004-142 (3) Developer to record a conservation easement prohibiting development in the wetland area by December 1, 2004. (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 and recorded prior to building permit approval. (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 the 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 (Public Services Department). (7) Developer to demonstrate(to City Fire Marshal)compliance with emergency vehicle access and fire flow requirements prior to building permit approval, including Fire Marshal's comments in attached August 13, 2004 memo. (8) In the event that Conditions 1-7 are inconsistent with previous approval conditions relating to this site, Conditions 1-7 herein shall control. (9) Developer to revise site plan prior submission of construction drawings as follows: (a) Demonstrated compliance with zoning code parking requirements and City traffic consultant recommendations. (b) Demonstrated compliance with landscape Code requirements (including submission of detailed landscape plan). (c) Demonstrated compliance with wildlife City Code requirements. (d) Provide method of hurricane protection for windows. (e) Provide setback measurements from all property lines to four corners of building (building and balconies). (f) Reduce front yard wall height to four feet. (g) Provide wall/fence detail. (h) Provide vehicle/pedestrian signage detail. (i) Efficiency apartments prohibited. (j) One-bedroom units not to exceed 40% of total units. Two and three bedroom units to constitute at least 60%of total units. 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. SP-45-04 OCEAN DEVELOPMENT 2 RESOLUTION NO. 2004-142 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 THIS 24T" DAY OF AUGUST, 2004. v C. K. CELYE - MAYOR-COM ISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON -YES G'KJ COMMISSIONER CHUNN -YES �;LOUISE STILSON COMMISSIONER FLURY- YES CITY CLERK VICE-MAYOR MIKES -YES MAYOR MCELYEA-YES APPROVED AS TP FORM AND CORRECTNESS: BY: TH .M S Y. AN9BRO CITY A*ORNEY SP-45-04 OCEAN DEVELOPMENT 3 RESOLUTION NO. 2004-142 •9 City ®f Dania Beach Fore Rescue Bureau of Fire Prevention SITE PLAN REVIEW COMMENT SHEET Date: g1,316g Project: ()(-Lanl PCVCLgJ>mENT Plan Reviewer: Q Icr,-�L ❑ Approved As Submitted ❑ Denied n Approved With Conditions ,Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS/CONDITIONS: FIRE RAO eALCULATIOAA4 15t) AePzwb1x -v xcaulfft !69 - FIRE P S. li K oTAT FF on+ c. one To Sd OR S 0i7,w M. V LE 7 2 T RA G s Ti 4 IqP&iqg za DtF-Fu< / .5 S 6 — c k 21 Th 2.2 ff� N wl rr o ShRriij6 S16iisA R o 90Y)GE VEP-7-ICAL cs Q S r q� s i g T- I IA 3' rep �Q • (J AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 7 1. DATE OF COMMISSION MEETING: AUGUST 24, 2004 2. DESCRIPTION OF AGENDA ITEM: SITE PLAN REQUEST SP-45-04(OCEAN DEVELOPMENT) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION E 4. SUMMARY EXPLANATION & BACKGROUND: REQUEST BY BONNIE MISKEL, ON BEHALF OF BARRY N. MORRIS C/O OCEAN DEVELOPMENT LLC., FOR SITE PLAN APPROVAL TO CONSTRUCT A 14 STORY MULTIFAMILY RESIDENTIAL BUILDING LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Letter from Applicant Location Map 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 August 17, 2004 Community Development Department City Manager Date CITY OF DAMA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: August 24, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner OVQQ SUBJECT: SP-45-04: Request by Bonnie Mislcel, Esq. on behalf of Barry N. Morris c/o Ocean Development, LLC, for site plan approval to construct a 14 story multifamily residential building located on the north side of Dania Beach Boulevard approximately 300 feet east of the Motel Six. April 13, 2004 the City Commission approved a Planned Unit Development ("PUD'� Master Plan for a 288 unit high-rise residential building on the above site. The Commission also granted side yard setback variances (April 13, 2004) and a building height variance (June 22, 2004) for the same project. These approvals were subject to various conditions. The site is currently vacant and abuts West Lake Park to the east, Dania Beach Boulevard to the south, the Harbor Town Marina to the north, and undeveloped Commercial (C-2) property to the west. The subject property is not located within CRA boundaries. The total site is 19 acres. The front four acres is located 300 feet east of the Motel Six on Dania Beach Boulevard and is the proposed location for the 288 units. The rear 15 acres is primarily wetlands and is not proposed to be developed. Building height, setbacks, and traffic layout are consistent with the master plan. Building setback from the Dania Beach Boulevard lot line has been increased from 69 feet to 75 feet. Balcony setback has been increased from 62 to 69 feet. The site plan also has significantly articulated and improved architecture as compared to the original master plan. Finally, applicant has increased the number of two and three-bedroom apartments and decreased the number of one-bedroom apartments. One-bedroom units are proposed at 800 to 950 square feet. Two and three-bedroom apartments are proposed at 1,200 to 1,500 square feet. The site plan parking calculations indicate 1.7 spaces per each one-bedroom apartment and 2.2 spaces per each two and three- bedroom apartment as required by the Zoning Code. RECOMMENDATION Staff recommends approval, subject to the applicant's voluntary agreement to the following conditions: (1) Developer to record City Attorney approved Unity of Title (connecting all described is parcels) by December 1, 2004. 1 (2) Developer to record deed restriction or some other legal mechanism (approved by the • City Attorney) by voluntarily limiting development of this parcel to condominium. The voluntary restriction should be enforceable against subsequent owners. Document to be recorded by December 1, 2004. (3) Developer to record a conservation easement prohibiting development in the wetland area by December 1. 2004. (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 and recorded prior to building permit approval. (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 (Public Services Department). (7) Developer to demonstrate (to City Fire Marshall) compliance with emergency vehicle access and fire flow requirements prior to building permit approval, including Fire Marshall's comments in attached August 13, 2004 memo. • (8) In the event that Conditions 1-7 are inconsistent with previous approval conditions relating to this site, Conditions 1-7 herein shall control. (9) Developer to revise site plan prior submission of construction drawings as followings: (a) Demonstrated compliance with zoning code parking requirements and city traffic consultant recommendations. (b) Demonstrated compliance with landscape code requirements (including submission of detailed landscape plan). (c) Demonstrated compliance with wildlife city code requirements. (d) Provide method of hurricane protection for windows. (e) Provide setback measurements from all property lines to four corners of building (building and balconies). (f) Reduce front yard wall height to four feet. (g) Provide wall/fence detail. (h) Provide vehicle/pedestrian signage detail. (i) Efficiency apartments prohibited. (j) One-bedroom units not to exceed 40% of total units. Two and three bedroom units to constitute at least 60% of total units. PLANNING AND ZONING BOARD RECOMMENDATION On August 18, 2004 the Planning and Zoning Board will hear this item. Their recommendation will be presented at the City Commission meeting. 2 City ®f Dania Beach Fire Rescue • Bureau of Fire Prevention SITE PLAN REVIEW COMMENT SHEET Date: Project: _QCFAn1 17EVLc6 pMC T Plan Reviewer: Q Ict�✓ S/ 1 ❑ Approved As Submitted ❑ Denied ❑ Approved With Conditions 'Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS/CONDITIONS: ► 2 - --E 10EIRE4hW C A AZ- -v AhIMACR E ►Jrs f lYIA DEaoA)s ► I IrIF £ ATrig P 5. ► T F '51RFAQ- ir6M,06C7-J6tJ To Sd OR T S /►'Jll�� ri1, ► /J LE T Z T RA Ca S Ti t fq P#tqk zb D,Frtz / S c k 2-2 f' N w► rr o R l A(,n?J6 6AJr- -5iDL eir Ttir- RoUTL Rov► /17l L �" ctt O eS aJ1 2 , 4rce 12 � 4� 0&--s g T- I Q n _ Y 3, 66 ,t ?e- -6 A.Z L,,&ZI f 4� 0 Jul-12-2004 02:32pm From-RUDEN MCCLOSKY 19TTH NTST +9547644996 T-723 P.002/002 F-109 200 EAST BROWARD BOULEVARD ' FORT LAUDERDALE,FLORIDA 33301 unde-n • POST OFFICE BOX 1900 �tN cGos�[ FORT LAUDERDALE.FLORIDA 33302 B®y (954)927-2476 FAX:(954)333-4076 BONNI[.MISKELORUDEN.COM July 12,2004 VIA FACSTKME Mr.Laurence Leeds Community Development Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 13004 Re: Ocean Development, LLC property located approximately 300 feet east of the Motel 6 on the North Side of Dania Bench Boulevard in the CYty ofDania Beach ("Project'g Dear Larry: As you know, my client was'required to provide documentation to you by August 1, 2004 understanding and agreeing that the special exception and variance approval cdnfermd no vested right or entitlement to certain approvals that had not yet been obtained. • As agent for the owner and developer,I hereby confirm the following: That the special exception and variance approval confirmed no vested right or entitlement 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, and (d)site plan approval by the Ciry Commission. We are in the process of preparing our full site plan submittal and hope to have that into the City within the next thirty days. If there is any additional information that you may need,please do not hesitate to call. Sincerely, Bonnie L.Miskel BLM/bab cc: Alan Ojeda(via fax) Charles Putman(via fax) Howard.Witkin(via fax) Barry Morris(via fax) • FTL:1242997:1 RUDEN, McCLOSICY,SMITH, SCHUSTER & RUSSELL, P.A. CARACAS.I.1.LAUDERDALE o MIAMI■NAPLES■PORT S1.LUCIE.SAWOTA■ST.PETFR58URG■TALLA)IA55EE®TAMPA®WEST PALM BEACH N SOUTH u1lV 1 1 Gf�J F' K I (89-21) BARGE LAU ANIA - TERMINAL (12 39) (96-27) -a b� I. .PARKER C MMUNITY C NTER a TWIN j MARINAS ' (109-1) 3RDST_. _.... ._ HARBOUR lei T ( 1- 2 TOWNS MARINA (118-34) D IANS NO TH E CO DO (l SEA OAKS CONDO ALAI DANIs4NS o 3W SOUTH CONDO EAST DANIA BEACH BLVD. PU BLIX SHOPS c W 'ti r JQ i' O\_CG