HomeMy WebLinkAboutR-2004-200 Ocean Development approval extensions RESOLUTION NO. 2004-200
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUESTS BY BARRY N.MORRIS C/O OCEAN DEVELOPMENT,LLC.,
FOR AN EXTENSION OF THE PREVIOUSLY APPROVED FLEX/RESERVE
UNIT ALLOCATION REQUEST LU-23-03 APPROVED BY RESOLUTION 2004-
049, WHICH EXPIRES ON DECEMBER 22, 2004; FOR AN EXTENSION OF
VARIANCE VA-72-03, APPROVED BY RESOLUTION 2004-112 (HEIGHT
VARIANCE),WHICH EXPIRES ON DECEMBER 22,2004,AND RESOLUTION
2004-073 (SETBACK VARIANCE)WHICH ALSO EXPIRES ON APRIL 13,2005;
AND FOR AN EXTENSION OF THE SPECIAL EXCEPTION REQUEST SE-71-
03 APPROVED BY RESOLUTION 2004-072, WHICH ALSO EXPIRES ON
APRIL 13, 2005,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, on March 9, 2004, the City Commission extended the approval of a request
which was originally approved on May 28,2003,for a flex/reserve unit allocation which assigned up
to 54 flexibility units, reserve units or both; and
• WHEREAS, on April 13, 2004, the City Commission approved a Variance request, from
Chapter 28,"Zoning",relating to a reduction in interior side yard building setbacks and interior side
yard balcony setbacks; and
WHEREAS, on June 22, 2004, the City Commission approved a Variance request, from
Chapter 28, "Zoning", relating to height regulations, by allowing a 160 foot tall multifamily
residential building (where 62 feet is otherwise allowed); and
WHEREAS,on June 22,2004,the City Commission approved the Special Exception request
to allow a Planned Unit Development(PUD-2)in an RM-2 zoning district along with a PUD Master
Plan relating to a reduction in interior side yard building setbacks and interior side yard balcony
setbacks; and
WHEREAS, all of the approvals are related to the project known as Ocean Development
LLC, generally located on the north side of Dania Beach Boulevard approximately 300 feet east of
the Motel Six; and
1 RESOLUTION NO. 2004-200
WHEREAS, Barry N. Morris representing Ocean Development LLC, is requesting an
extension of the approvals associated with the project relating to flex/reserve unit allocation, the
Variance requests and the Special Exception use;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the requests to extend approval for the flex/reserve unit allocation, height
and setback variances, and special exception use (PUD) are approved subject to the following
limitations:
a) the height variance will expire on July 1, 2006,unless renewal before that date is
obtained by the applicant;provided,however,that if a building permit is obtained
for actual construction,the variance will be vested;
b) all other requests for extension(site plan,special exception,flex/reserve allocation
and other variances) will expire six months from November 23, 2004, unless
renewals before that date are obtained by the applicant.
Section 2. That such approvals are also subject to the conditions in attached "Exhibit A",
which are intended to replace all previous approval conditions relating to the flex/reserve unit
allocation, height and setback variances, and special exception (PUD) approval.
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 on November 23, 2004.
C. . MCEL A
MAYOR—COMMISSIONER
= 'i ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
� COMMISSIONER CHUNK - YES
LOUISE'STILSON COMMISSIONER FLURY - YES
' CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
' 2 RESOLUTION NO. 2004-200
• APPROVED AS TO FORM AND CORRECTNESS:
BY:
T OM J. A SBRO
CITY'ATTORNEY
3 RESOLUTION NO. 2004-200
EXHIBIT A
1) Developer to record City Attorney approved Unity of Title (connecting all
described parcels) by February 1, 2005.
2) Developer to record deed restriction or some other legal mechanism(approved by
the City Attorney) to voluntarily limit development of this parcel to
condominium with rental restrictions. The voluntary restriction should be
enforceable against subsequent owners. Document to be recorded by February 1,
2005.
3) Developer to record a conservation easement prohibiting development in the
wetland area by February 1, 2005.
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 prior to February 1, 2005 and recorded prior to issuance
of any construction permits.
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.
7) Developer to demonstrate (to City Fire Marshal) compliance with emergency
vehicle access and fire flow requirements prior to building permit approval.
8) The applicant's attorney shall submit documentation by December 1,2004,that
applicant, individually and in a corporate capacity, for all lots included within
this project, understands and agrees that the Special Exception, Variances, and
flex/reserve units allocation confer no vested rights or entitlements 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.
9) Efficiency apartments prohibited, and one-bedroom units not to exceed 42% of
total units. Two and three bedroom units to constitute at least 58%of total units.
•
4 RESOLUTION NO. 2004-200
10) Developer to demonstrate, prior to the issuance of building permits.
a Compliance with city code wildlife requirements.
. b Method of hurricane protection for windows
c Wall/fence detail.
d Vehicle/pedestrian signage detail.
•
5 RESOLUTION NO. 2004-200
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
0
1. DATE OF COMMISSION MEETING: NOVEMBER 23,2004
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -Request for an extension of approval
expirations for Ocean Development Project
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND: Request by Bonnie Miskel, on behalf of 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, Dania Beach.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Letter from Applicant
Public Hearing Notice/Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date November 15, 2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
4 COMMUNITY PLANNING DEPARTMENT
STAFF REPORT
DATE: November 23, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director 4 L/-�
Community Development Department
SUBJECT: Request by Bonnie Miskel, representing Barry Morris, Ocean
Development Properties LLC., to extend the following
approvals to July, 2006:
➢ 54 flex/reserve unit allocation.
➢ Height variance to allow a 160 foot tall building.
➢ Side yard setback variances.
➢ PUD Special Exception.
LOCATION: Property located 300 feet east of the Motel 6 on the north
side of Dania Beach Boulevard
Applicant received site plan approval for a 288 unit condominium and is
in the process of preparing construction drawings. Applicant is requesting
permission to extend approval dates for the above items to July 2006.
The applicant states that he intends to pull building permits in 2005.
However, staff supports a July 2006 extension in the event that additional
time is needed to address infrastructure delivery issues. If applicant begins
construction prior to July 2006, the above approvals would become
permanent.
RECOMMENDATION
Approval to extend unit allocation, height and setback variances, and
PUD special exception to July 2006. If applicant begins construction prior
to July 2006, the unit allocation, height and setback variances, and PUD
special exception would become permanent.
200 EAST BROWARD BOULEVARD
Ru
en FORT LAUDERDALE,FLORIDA 33301
• POST OFFICE BOX 1900
gllMcClosky FORT LAUDERDALE,FLORIDA 33302
(954)527-2476
FAX:(954)333-4076
BONNIE.MISKELQRUDEN.COX1
November 10, 2004
VIA FACSIMILE
AND U.S. MAIL
Mr. Laurence Leeds
Community Development Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Re: Ocean Property Extension of Site Plan, Variance, and Special Exception
Approvals ("Approvals')
Dear Larry:
• As we discussed, please accept this letter as a request on behalf of the owner of the
Pavillion Parcel to extend all approvals from their present dates to July, 2006.
Furthermore, we are also requesting that those approvals become permanent upon the
issuance of a building permit for the Pavillion property.
If you have any questions or need additional information from this office, please feel free
to call.
Sincerely,
r
Bonnie L. Miskel � �!' f 2004 �
BLM/bab
cc: Alan Ojeda (via e-mail)
Scott Bakos (via e-mail)
FTL:1318956:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS■FT.LAUDERDALE 0 MIAMI■NAPLES■PORT ST.LUCIE■SARASOTA■ST.PETERSBURG■TALLAHASSEE■TAMPA■WEST PALM BEACH
B E R M E L L 0 AJAMIL
& PARTNERS INC
ARCHITECTURE ENGINEERING PLANNING INTERIOR DESIGN LANDSCAPE ARCHITECTURE
MEMORANDUM
To: Corrine Church
Senior Planner, City of Dania Beach
From: Scott A. Bakos
Project Manager, Partner
Date: November 9, 2004
RE: MODELLO - Progress Package Submittal
The following [5] full size sets reflects the current status of the design and development of
MODELLO. Our efforts have focuses on the Condo Units; the mix, square footage, overall
layout and coordination with the exterior shell and architecture. For further clarity to this
package, I wanted to identify a number of important points.
• A. General Issues
e First and foremost, this package is a "work-in-progress", and may show certain details
and/or conditions that require known further development, modifications and/or
changes.
a Location of;Fire Stairs may dictate the location of some Unit Entry Doors to insure that
the maximum dead-end corridor distance does not exceed 20'-0". All primary corridors
at the unit levels are no less than 6'-6" wide.
• The make-up of all floor plans indicates specific conditions and/or unit layouts. The
breakdown of floors are as follows:
o 2"d Floor Single Loaded, level with the Parking Garage]
o 3`d and 4t Floor [Single Loaded, level with the Parking Garage]
o 5th Floor[Single Loaded, level with the last Parking Garage Floor]
o 6th Floor[Level with the Recreation Deck and all outdoor amenities]
o 7th Floor
0 81h— 10th Floor
o 11 th— 12th Floor
o 13th— 14th Floor
All Units shall have private Balconies with a minimum depth of 6-0". a
All Windows and Sliding Glass Doors are currently being coordinated between unit
layout and exterior elevations.
• Structural columns shall be approximately 24 x 24", and there will be 3 location for
Shearwalls running in the north-south axis. Shearwalls running in the east-west axis
are located at the stair-wells and elevator core.
2 6 0 1 S O UTH SAYSHORE DRIVE • MIAMI FL 3 3 1 3 3 • U S A
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Page 02
B. Unit Layout Issues
The following are basic guidelines that were followed in the design and layout of all
Units:
o Master Bedroom dimensions are no less than 12'-6" clear
o Bedroom dimensions are no less than 12'-0" clear
o Master Bathrooms shall have 2 sinks within a 6' long Vanity-Top
o One Bedrooms shall include a % bath [near entry] when possible
o Kitchen working space shall be no less than 60" clear for"U-Shaped" layout
and 40" clear for"Galley-Shaped", based on FHA requirements.
o All Bedrooms to include "Walk-in" Closets whenever possible
o When the Dining Area is located between the Kitchen and Living Area, the
minimum dimension between the exterior wall and Kitchen Counter is no less
than 20'-0" x the Living Dining space shall be no less than 14'-0" wide
o A/C Closets are located outside the Unit
o Washer and Dryer are stacked only when space is not available for side by
side. It is intended that venting shall run horizontal to exterior wall in lieu of
vertically to the roof.
o Circulation corridors [within the units] are no less than 3'6" clear, and corridor
with specific functions [with Vanity or Washer/Dryer Closet, for example] are
no less than 4'-0" clear.
We are currently in the process of continuing to refine unit layouts, and reduce the number of
total different types of units. Should you have any further questions, or need any additional
information, please do not hesitate to contact me. You can reach me at (305) 860-3710.
Thanks.
END OF MEMO
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NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
SE-71-03/VA-72-03/LUF-23-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, November 23, 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:
1) Request by Barry N. Morris c/o Ocean Development, LLC, for an extension of the previously
approved variance VA-72-03, approved by Resolution 2004-112 which expires on December 22, 2004
and Resolution 2004-073 which expires on April 13, 2005. The approved variances relate to height
and setback regulations in the RM-2 zoning district.
2) Request for an extension of the approval for a Special Exception use request SE-71-03 to allow a
Planned Unit Development (PUD-2) in an RM-2 zoning district along with the PUD Master Plan
approved by Resolution 2004-72 which expires on April 13, 2005.
3) Request for an extension of the previously approved flex/reserve unit allocation request LUF-23-03,
approved by Resolution 2003-139 and extended by Resolution 2004-049 which expires on December
22, 2004.
The above requests are in conjunction with a proposal to construct a 15 story 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 '/2 of the NW Y4 of the NE % 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.
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 8:00 a.m. and 4:00 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 Charlene Johnson, 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.
Lou Ann Cunningham
Planning Associate
Publication Date: Friday, November 12, 2004
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