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Home My WebLink AboutR-2004-196 Thrifty Car Rental RESOLUTION NO. 2004-196 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY ROD A. FEINER, ESQUIRE, ON BEHALF OF DTAG, INC, A/K/A THRIFTY CAR RENTAL, TO ASSIGN COMMERCIAL FLEX ACREAGE (PURSUANT TO THE 20% "EMPLOYMENT CENTER" TO "COMMERCIAL" RULE) FOR PROPERTY GENERALLY LOCATED AT 1600 NE 7TH AVENUE, DANIA BEACH AND 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 property with a land use designation of Employment Center for commercial use, it is necessary to allocate flex acreage in accordance with the City of Dania Beach Future Land Use Plan; and WHEREAS, Rod A. Feiner, Esquire, on behalf of DTAG, Inc., a/k/a Thrifty Car Rental, has requested assignment of commercial flex acreage (pursuant to the 20% "Employment tCenter"to "Commercial" Rule)to property located at 1600 NE 7th Avenue,.Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "Whereas" clauses are ratified and incorporated as the legislative intent of this Resolution. Section 2. That 4.34 acres of commercial flex acreage (pursuant to the 20% "Employment Center" to "Commercial" Rule) 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, landscaping or any other matter beyond what is allowed or required under the existing zoning. 1 RESOLUTION NO. 2004-196 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 passage and adoption. PASSED AND ADOPTED on November 9, 2004. CITY OF DANIA BEACH C.K. NlftLYte MAYOR—COMMISSIONER -ATTEST: ROLL CALL: COMMISSIONER ANTON - YES G�YJ COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES —YES • MAYOR MCELYEA - YES APPROVED AS TOFORM AND CORRECTNESS BY: "" \ ,PRI i I / TH MAS j N 9 BRO CITY ATTORNEY 2 RESOLUTION NO. 2004-196 EXHIBIT `A' • LEGAL. DESCRIPTION ALL OF PARCEL `A', JAMES BOND PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 136, PAGE 34 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN THAT ORDER OF TAKING FILED NOVEMBER 19, 1984 IN OFFICIAL RECORDS BOOK 12137, AT PAGE 708 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SUCH LANDS SITUATED IN CITY OF DANIA BEACH AND CONTAINING 189,436 SQUARE FEET(4,349 ACRES) MORE OR LESS. • 3 RESOLUTION NO. 2004-196 4 City of Dania Beach„ Florida Department of Community Development • Planning and Zoning Division General Development Application (95 924-3645 ® Assignment of Flex/Reserve Units 13 Land Use Amendment Ca Plat OCT ; ® Plat Delegation Request13 F ® Site Plan Rezonin Date Rec'd ® Special Exception Petition No.; LuI=- 6 4'Ot 13 special Request Cl Trafficway Waiver C] Variance ® Vacation Request ® Others THIS APPLICATION WILL NOT 00 ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESSARY DOCUMENTS. Refer to the "Application Type' and "Required Documentation" checklist to determine the supplemental documents required with each application, 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. As always, the applicant or their authorized legal Agent must be present at all meetings. Location Address: 1600 NE 7th Avenue Lot(s): Block: Subdivision., reenrdcd Plat Name; James Boad Plat Folio Number(s): Legal Description: Parcel"A",Jantes Bond Plat,accoidhig to the Plat thereof as recorded in Plat Book 136, Page 34 of the Public Records orBroward County,Florida.. ApplicantlConsultant/Legal Representative(circle one) Rod A.Feiner,Esq.,Coker& Feiner Address of Applicant, 1404 Suuth Andrews Avenue,Fort Tauderdale,Florida 33316 Business Telephone: 954-761-3636 Horne: Fax; 9S4-761-181s Name of Proporny owner, DTAG,Inc.a/k/Q Tluiftyftenutl Cal Addressof Property Qwner: 5330 East 31 st Street,Tulsa,OK 74153 Business Telephone,, 918-669-3075 Home: Fax: 9I8-669-3005 Explanation of Request, Please sec attached. Prop, Net Acreage; 4.34 acres Gross Acreage: 4.34 acres Prop, Square Footage; 1a9,43s sq ft r ' Existing Use, Rental Car Facility Proposed Use: Rental Gar Facility Is property owned individually, by a corporation, or a joint venture? r,nnited Liability Conwany APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE- Sworn to and subscribed before ve Applican sulta epresentativ . This day oft Z� signatur � Date; //c��a/c.,S' Rod A.Fcincz,Esq.,Coker&Feiner Sign Name of Notary Pu is (Print Name) State of ;ON a nD osW ALnod ln'OM 1404 South Andrews Avenue,Fort Lxutlerdalo Florida 33316 print Na 't, ._.:: Street Address, City, State and Zip Code Commis r '+w�c ; IRilD05r`" 954-761-3636.954.761-1818 Seal: .: Gx� t Telephone No.& Fax No- INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that 1 have a orized(Applicant/Consultant/Representative) make fie the aforesaid application. to Sworn to and su 'bed before me Owner: This day of R-- signature: Date; Sign Name of Notary Public (Print Nam state of( ) Print Name of Notary street Address, City, State and Zip Cc Commission Expires: Seal: Telephone No. &Fax No. f CORPORATION NOTARIZED SIGNATURE This is to certify that the below referenced corporation is the uwncr of subject lands described above and that r, as a duly authorized officer, have authorized(Applicant/Consultant/Kepresetrtative) Rod A.Feiner,F.sq...Coker&Feincr to make and file the aforesaid application, Sworn to and subscribed before me Corporation Name: 1-re DTAG,Inc.&Va Thrifty Rental Car This J day or-02&W202L Sign ure: Date; �'�,4S"-,,WA �' 2CX yp '% (Print Name) �. y Sign Aame of Ndary�'ntf -b* (Print Name) State Of( — ' 5330 East 3lst Strcct,Tulsa,OK 74153 Print Name of Notaryi,q CO N �� Street Address,City,state and Zip Code it a ttet�ta Commission Expires: —7 �� 918-669-3575 -918-669-3005 Seal: If Telephone Na.&Fax No. • JOINT VENTUREIPARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that'the duly authorized persons are the owners of SUbject lands bed above and that all partners have authorized (ApplicanttConsultanVRepresenta�ve) to make and file the aforesaid application. Sw to and subscribed before me This f 2Q_._ Signature., Date. t Name)" Sign Name of Notary Public State of( Prim Name of Notary Street Address, City, State and Zip Co commission Expires; Seal: 'Tclephone No. &Fax No. "Each partner Must sign, Attach duplicate sheets as required. FILER DRIVE si rE LU Zi ra no/? ROADz 1 LOCATION MAP N. T.S. ik AGENDA REQUEST FORM CITY OF DANIA BEACH • AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: NOVEMBER 9,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING-LUF-64-04-LAND USE FLEX 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request by Rod A. Feiner, Esq., Coker&Feiner, on behalf of DTAG, Inc, a/k/a Thrifty Car Rental,to utilize the 20%"Employment Center-to-Commercial" Flexibility Rule to allow industrial designated land to be developed for commercial purposes for a property located at 1600 NE 7 Avenue. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Resolution Staff Report Letter from applicant's attorney Application Location Map Survey/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 October 28, 2004 Community Development Department City Manager Date { • CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: November 9, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C, C FROM: Corinne Church, AICP, Principal Planner 61W- SUBJECT: LUF 64-04: The applicant, Rod A. Feiner, Esq., Coker & Feiner, on behalf of DTAG, Inc, a/k/a Thrifty Car Rental, is requesting to utilize the 20% "'Employment Center-to-Commercial" Flexibility Rule to allow industrial designated land to be developed for commercial purposes for a property located at 1600 HE 7 Avenue (RESOLUTION). 20% FLEX RULE: The allocation of 4.34 acres of Employment Center High land use to Commercial. The subject property has been developed as a Thrifty Rental Car business. The property is zoned Industrial Research Office (IRO) and has an Employment Center High Future Land Use Plan classification. The subject property falls within Flexibility Zone 79. Currently within Flex Zone 79, 18.66 acres of land may be developed as commercial uses. The applicant is requesting 4.34 net acres to be flexed for commercial use for the subject parcel, leaving a balance of 14.66 acres. The request for the allocation of flexibility is to make the existing use of the property consistent with the Comprehensive Plan's Future Land Use Map. STAFF RECOMMENDATION Approval. T�,�.r Law Offices COKER & FEINER 1404 South Andrews Avenue Fort Lauderdale, FL 33316-1840 Telephone: (954) 761-3636 Richard G. Coker, Jr., P.A. Facsimile: (954) 761-1818 Rod A. Feiner September 27, 2004 Via Facsimile Mr. Larry Leeds, AICP Director, Growth Management Department City of Dania Beach �; s W 100 West Dania Beach Boulevard I J . Dania Beach, FL 33004 SEP 2 8 20(g Re: Thrifty Car Rental; James Bond Plat Dear Mr. Leeds: As you are aware, I represent the existing Thrifty Car Rental facility located on the James Bond Plat. In 2000, the City had previously approved a special exception request to allow a rental car facility to be located on the James Bond Plat, which was zoned IRO. A copy of Resolution 2000- 168, the Resolution approving the special exception use, is attached. The City and the property owner recently received a letter from Evy Kalus at Broward County Growth Management Division which stated that the existing plat note was not in conformance with the existing use. To rectify this situation we proposed to amend the plat note to allow 29,575 square feet of commercial use, no restaurants permitted. The commercial designation was the only designation available which would allow a car rental facility. The proposed commercial square footage was the equivalent number of trips contained and permitted in the existing note on the Plat. Thus, there would not be a negative impact caused by the proposed plat note amendment. The City had no objection to such a request because we were merely changing a note to a use which was previously permitted by the City, and we therefore filed the application to request a plat note amendment. During the review of the proposed plat note amendment a comprehensive plan issue was discovered. The underlying land use of the property encompassed by the James Bond Plat is Employment Center-High. As you are aware, a commercial use is allowed in the Employment Center-High land use designation only through an allocation of flexibility. This was issue was recognized by the City both before and during the plat note amendment process, and the City . confirmed with the Planning Council that the approval of the special exception application for the `1 7 September 27, 2004 Page -2- car rental use at this location included the assignment of 4.34 acres of flexibility from Employment Center-High to Commercial. A copy of the letter from the City to Henry Sniezek at the Planning Council is attached. I then filed the Application for Flexibility with Broward County. County Staff is prepared to recommend approval of the allocation of flexibility to the property. However, during the preparation of the Staff Report the County Staff noted that there was, in Staff opinion, no formal legislative action by the City which approved the allocation of flexibility to this property. I told County Staff that, pursuant to the July 7, 2004 letter from the City, that such allocation was implicit and part of the Resolution approving the special exception. Staff referred the letter and my opinion to the County Attorney and the Planning Council Attorney. Both Andy Maurodis and Sharon Cruz, regardless of my argument to the contrary, are of the opinion that a separate legislative action delegating flexibility acreage by the City to this property is required. It is for this reason I am writing. Can you please place a Resolution on the next available City Commission Agenda which ratifies the allocation of 4.34 acres of Employment Center-High to Commercial flexibility to the James Bond Plat. Additionally, I would appreciate it if you could inform me when the City Commission will occur so that I may attend the City Commission meeting. Thank you for your cooperation and if you have any questions or would like to discuss this matter in more detail, please feel free to contact me. Otherwise, I look forward to hearing from you with regard to the date of the City Commission meeting. Ve yours, OD . FEI R For the Firm RAF:tms Enclosure c: Randy Slater, Slater Company Ken. Wiley, DTAG f• Law Offices • CODER & FEWER 1404 South Andrews Avenue Fort Lauderdale, FL 33316-1840 Telephone: (954) 761-3636 Richard G. Coker, Jr., P.A. Facsimile: (954)761-1818 Rod A. Feiner REQUEST AND JUSTIFICATION FOR ALLOCATION OF FLEXIBILITY Request The applicant is requesting an allocation of 4.34 acres of Employment Center-High to Commercial flexibility for the James Bond Plat in order to allow an existing use to be consistent with the Land Use Plan. Justification The James Bond Plat is composed solely of one parcel, Parcel "A". There is an existing Thrifty Car Rental facility located on the James Bond Plat and the request for the allocation of flexibility is to make the existing use of the property consistent with the Land Use Plan. In 2000,the City approved a special exception request to allow a rental car facility to be located on the James Bond Plat, which was zoned IRO. A copy of Resolution 2000-168, the Resolution approving the special exception use, is httached. Following this Resolution a site plan was approved, building permits were issued and the rental car facility was constructed. Following construction and after operation of the rental car facility on the James Bond Plat had begun both the City and property owner received a letter from Evy Kalus at Broward County Growth Management Division which stated that the existing plat note for the James Bond Plat was not in conformance with the existing use. To rectify this situation DTAG proposed to amend the plat note to allow 29,575 square feet of commercial use, no restaurants permitted. The commercial designation was the only designation available which would allow a rental car facility. The proposed commercial square footage in the proposed plat note is the equivalent number of trips contained and permitted in the existing note on the Plat. Thus, the proposed plat note would not cause and negative or additional impacts. The City had no objection to this request because DTAG was merely changing a note to a use which was previously permitted by the City. The owner subsequently filed the application to request a plat note amendment. During the review of the proposed plat note amendment a comprehensive plan issue was discovered. The land use designation of the property encompassed by the James Bond Plat is Employment Center-High. As you are aware, a commercial use is allowed in the Employment Center-High land use designation only through an allocation of flexibility. This issue was • recognized by the City both before and during the plat note amendment process, and the City October 18, 2004 Page -2- confirmed with the Planning Council that the approval of the special exception PP p application for the rental car use in 2000 included the assignment of 4.34 acres of flexibility from Employment Center-High to Commercial and that there remained approximately 16 acres of flexibility in this zone. A copy of the letter from the City to Henry Sniezek at the Planning Council is attached. I then filed the Application for Flexibility with Broward County. County Staff is prepared to recommend approval for the allocation of flexibility to the property. However, during the preparation of the Staff Report the County Staff noted that there was, in Staff s opinion, no formal legislative action by the City which approved the allocation of flexibility to this property. I told County Staff that, pursuant to the July 7, 2004 letter from the City, that such allocation was implicit and part of the Resolution approving the special exception. Staff referred the letter and my opinion to the County Attorney and the Planning Council Attorney. Both Andy Maurodis and Sharon Cruz, regardless of my argument to the contrary, are of the opinion that a separate legislative action allocating flexibility acreage by the City to this property is required. It is due to this opinion that the request for allocation of flexibility is being made. RESOLUTION NO. 2000.168 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY JOHN ABDO, PRESIDENT OF HEARTWOOD 90, INC.AND THE BUDGET GROUP, INC, FOR PROPERTY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE, NORTH OF TAYLOR ROAD, DANIA BEACH,ALSO KNOWN AS"PARCEL 'A' OF THE JAIMES BOND PLAT"FOR A SPECIAL EXCEPTIO►tUSE TO ALLOW A BUDGET RENTAL CAR FACILITY IN AN IRO ZONING DISTRICT,AS PROVIDED FOR IN CHAPTER 28,ZONING,ARTICLE 16.40 SPECIAL EXCEPTION USES (INDUSTRIAL RESEARCH OFFICE DISTRICT); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. VMEREAS, Chapter 28, Zoning, Article 16, Industrial Research office I]istriot, Section 16.40 provides for car leasing as a Special Exception Use; and M-IFREAS,John Abdo, President/Owner, of Heartwood 90, Inc. and The Budget Croup,Inc.,have applied for a special exception use to allow a Budget Rental Facility In an IRO zoning district; and WHEREAS, the Planning &Zoning Board on September 20, 2000, rec;omMended that the City Commission grant the special exception request, based upon the criteria set forth In Chapter 28, Zoning, Article 6, Supplementary Use Regulations. Section 5.40, Special Exception Uses, of the Code of Ordinances of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Sect___i_o! 1. That certain application SE-36-00, for a Special Exception Use allowing Property located on the East side of NE 7d'Ave., North of Taylor Rd., Dania Beach, also known as"Parcel A of the James Bond Plat".,to be used as a Budget Rental Car Facility,a copy of which application is attached and made a part of this Resolution as Exhibit`A", is approved with the following conditions: 1)Payment of estimated value of the sidewalk into the City Landscape Trust fund prior to issuance Of a building permit. 2) Defetion of all 4 • signage from construction drawings (separate sign permit required); 3) Show 5" Ron- mountable curbs (including detail)where S'x 16'spaces used;4)Applicant to confirm that the Broward County Planning Council will not require the allocation of flex acreage: 5) Applicant agrees that all on-site parking spaces will be considered rental car spaces for purposes of calculating the Occupational License fees. expected to amount to approximately $10,000.00 a year. Section 2. That all resolutions or parts of resolutions In conflict with this resolution are repealed to the extent of such conflict. Se 'gn 3 That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THE 24"' DAY OF OCTOBER, 2000. ® MAYOR-COMMISSIONER ROLL CAS L: ATTI=ST: MAYOR MCELYEA-YES VICE-MAYOR EERTINO-YES COMMISSIONER CALI-ABSENT SHERYL ChIAPM COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISgIONER MIKES-YES i APPROVED AS TO ORM AND CORRECTNESS: BY: � THO J. NSBRO CITY ATTORNEY •