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HomeMy WebLinkAboutR-2003-140-SE-19-03 dania corners south RESOLUTION NO. 2003-140 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY BONNIE MISKEL, RUDEN-MCCLOSKY, REPRESENTING DANIA CORNERS, INC. FOR A SPECIAL EXCEPTION USE TO ALLOW CONSTRUCTION OF A 300 UNIT MULTI-FAMILY MIXED USE DEVELOPMENT AT THE NE CORNER OF US-1 AND DANIA BEACH BLVD., ALONG WITH THE PROPERTY LOCATED BETWEEN NE 1ST AVENUE AND NE 1ST CT ON THE NORTH SIDE OF DANIA BEACH BOULEVARD; ASSIGNING 300 FLEXIBILITY UNITS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Zoning Code provides that mixed-use residential/commercial is allowed as Special Exception Use in C-2 zoning districts with the allocation of reserve or flex units; and WHEREAS, Dania Corners, Inc. has applied for a Special Exception request to assign 300 flexibility units to construct up to a 300 Unit Multi-Family Mixed Use Development located at the northeast corner of US 1 and Dania Beach Boulevard along with the property located between NE 1st Avenue and NE 1st Court on the north side of Dania Beach Boulevard, located within a C-2 (Commercial) zoning district; and WHEREAS, the Planning &Zoning Board on April 23, 2003, recommended 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 6.40, Special Exception Uses, 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 certain application SE-19-03, for a Special Exception Use to construct up to a 300 Unit Multi-Family Mixed Use Development located at the northeast corner of US 1 and Dania Beach Boulevard along with the property located between NE 1 RESOLUTION NO.2003-140 1 st Avenue and NE 1 st Court on the north side of Dania Beach Boulevard, located within a C-2 (Commercial) zoning district; a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved. Section 2. That the flex/reserve 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 3. That the flex/reserve allocation will expire within 6 months of adoption. 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 its passage and adoption. PASSED AND ADOPTED THIS 28TH DAY , 2003 BOB A TON MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY-YES HARLENE J SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON -YES APPROVED AS T FO M AND CORRECTNESS: BY: I ` THOM J. ANSB O CITY ATTORNEY 2 RESOLUTION NO.2003-140 City of Dania Beach, Florida l Growth Management Department Planning and Zoning Division (954)924-3"S APR - 2 ' 3 Development Application ❑ Variance ❑ Special Exception Date Rec'd: ❑ Site Plan ❑ Rezoning Petition No.:S - ❑ Land Use Change 0 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 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 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: No"EA*T cott4m of as. ► wq. aJ6 a oMll' BcN. Iswa. I4rtgecr0r1 ® Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): Legal Description: scE6 OUCNED E-tHISIT "A" Present Zoning: C-2 Present Land Use:c0#*A-0 Explanation of Request: REQUEST fbK 'TO.4=11 mumop eo (soo) ri-a-A U,4'-m FM MliED u5m S ITf- Prop. Net Acreage: 2•01#3 Gross Acreage: 3.18 Prop.Square Footage: (69 SUP-08 Value of Improvement: #45,000,000.- Est'd Date of Completion: Ju► lt, 2006 Will Project be Phased: E b S If yes, EsYd Completion of each Phase: � 12005; Z�!& 6I aooi<, Existing Use: coMaactR iAL, Proposed Use: MIAD U5E: AWMIL. t CorJDosr W%dr4 Name of Applicant/Consultan a resentative circle one):W*401 L.MIS,CSQ, RUDFA MGG`os�-AL Address of Applicant:.200 X.Nw"IAM BLJG.,sm. 15001 FT. LAUIXADA►c, F1, 3330t ® Business Telephone: 954.gal.24'16 Home: Fax: 954•333.4016 Updated 7/14/03 ff Name of Property Owner: IFdTER-P90 ►RAESTrMCAT GROUP, w0. OAddress of Property Owner: 1900 TAILOR STREET;9o1.u-W000,FL 33020 Business Telephone: -6 19+0 Home: Fax: List any additional action(i.e. special exception,variance, rezoning, etc.)that may be needed to support the proposed project: VACAT►o,r 14,54 1DOrI 4w r Itf-GUESTS List all previous action that has occurred on this property: r4lA NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIIA BEACH CITY COMMISSION. Swop and subsc lbed before me Applicant/Consultant/Representative: This--' ' day of/nM6' 2003 ® Signature: Date: 313/ D3 Sign Name otary Public (Print Name) State of( fZ to.+ ) & nn / / lvd Print Name of Notary Street Address,City, State and Zip Code 3 j C ion Expir Arm B98 q:5q 5}7 2-4 7(. Z a 54 533 g 0 7 6 • WCOMWANO 0 DD046835 VW= Telephone No. &Fax No. o November 24 2006 BOIiDfDTFiEU iROM FAgI MIBUfMNCE� WHEN PETITIONER IS NOT THE OWNER OF THE SURIECT 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/Consultant/Representative) to make and file the aforesaid application. Swo tQ and sub before me Owner: This/ day of40&� 20 4 3 3� /d 3 Signature: Date.. 5 1 Al LjEXJ Sign Name otary Public (Print Name) State of( RiOFY ) Bit erLy /NJ Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No.&Fax No. Arfn :•. MYCOMMMMf D004M DIPS November 24 20M BOOM TM T60V FAN MANM we i I - AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 05/27/03 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -SE-19-03 SPECIAL EXCEPTION 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: REQUESTED BY BONNIE MISKEL, RUDEN-MCCLOSKY, REPRESENTING ROBERT FILENI FOR SPECIAL EXCEPTION TO ASSIGN 300 FLEXIBILITY UNITS TO CONSTRUCT UP TO A 300 UNIT MULTI-FAMILY MIXED USE DEVELOPMENT. SUBJECT PARCEL IS LOCATED NE CORNER OF US-1 AND DANIA BEACH BOULEVARD ALONG WITH THE PROPERTY LOCATED BETWEEN NE 1ST AVE. AND NE 1ST CT. ON THE NORTH SIDE OF DANIA BEACH BOULEVARD. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Special Exception Application • Public Hearing Notice / Location Map Mailing List 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 April 23, 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date May 21, 2003 Growth Management Department City Manager Date CITY OF DANIA BEACH ® GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: May 27, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director 411. 4- SUBJECT: SE-19-03: The applicant, Bonnie Miskel, Ruden-McClosky, representing Robert Fileni, requests a Special Exception Request to assign 300 flexibility units to construct up to a 300 Unit Multi- Family Mixed Use Development located at the northeast corner of US 1 and Dania Beach Boulevard along with the property located between NE 1st Avenue and NE 1st court on the north side of Dania Beach Boulevard. Land Use Analysis The subject parcel contains two parcels collectively containing approximately 3.00 gross acres. The west parcel contains the Pirates Inn and an existing retail building. The east ® parcel contains the Fish Grill, other buildings, and.a parking lot. The Zoning Code provides that mixed-use residential/commercial is allowed as special exception use in C-2 zoning districts with the allocation of reserve or flex units. The provision has previously been used to approve Michael Shifts retail/residential project under construction across from the Dania Beach Hotel. Applicant proposes to construct a mid-rise (10 floors) condominium with up to 300 dwelling units, approximately 60,000 square feet of first floor retail, and attached structured parking. The CRA Plan (adopted by the City Commission) conceptually recommended 8-story mixed-use residential in Downtown Dania Beach. The pending Local Activity Center ("LAC') land use plan amendment also endorses the mixed-use multi-story residential concept. The zoning designation and existing land use for the surrounding properties are as follows: EXISTING ZONING AND LAND USE Existing Zoning Existing Land Use North C-2 Retail Office East C-2 Retail/Du lex South C-2 Retail Hotel West C-2 Retail Dania Corners-south.DOC 1 of 2 The project does not directly abut any single family residential, and as such, is generally compatible with the surrounding properties if quality architecture, landscaping, and site design is applied. Further review is necessary to determine if the requested density (approximately 100 units per acre) and the proposed 10 story building height can be made compatible with existing and anticipated development. Staff has explained to applicant that the current zoning designation limits height to 40 feet and that approval of the land use plan amendment and/or reserve unit allocation confers no vested rights or entitlements with of any kind beyond what is allowed under current zoning. Applicant has also been advised the maximum building height cannot exceed 62 feet without a 4/5 vote of the city commission. Flex Unit Assignment This subject parcel is located within a geographic planning area known as Flexibility Zone 84. Flex Zone 84 includes the entire City east of the FEC railroad tracks. Based on this application and other pending flex/reserve unit applications, allocation of 300 flex units to the subject parcel will leave a balance of approximately 90 flex units in Flex Zone 84. Nearly 60% of the flex/reserve units in Flex Zone 84 (439 units) have already been assigned to four projects along Sheridan Street. ® PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommended the approval of the requested Special Exception for a period of six (6) months as recommend by staff. STAFF RECOMMENDATION The allocation of flex and reserve units at this location is consistent with both the CRA Plan and the LAC land use plan amendment. As such, staff recommends approval of both the mixed use special exception and 300 flex units for six months. At the end of the six month period, applicant will have to demonstrate to the satisfaction of the City Commission that he has made sufficient progress to extend the flex allocation for an additional six months. Staff also requests the property owner formally acknowledge the following: 1) The flex/reserve 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 existing zoning. 2) Due to the size and scale of the project, certain issues must be addressed before ® the flex/reserve allocation can be made permanent. These include, but are not limited to, density, building height, setbacks, design, and architecture. Dania Corners-south.DOC 2 of 2 RUDEN (� MCCLDSKY FORT LAUDERDALE,FLORIDA 33301 ` SMITH SCHUSTER & POST OFFICE BOX 1900 FORT LAUDERDALE,FLORIDA 33302 RUSSELL, P.A. (954)527-2438 FAX:(954)333-4038 MICE AEL.RODRIGUEZORUDEN.COM April 2,2003 Larry Leeds,Growth Management Director City of Dania Beach A p _ 2 27;,3 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Inter-Pro Investment Group,Inc. Flex Unit Request Northeast Corner of Federal Highway and Dania Beach Boulevard Enclosed please find the Development Application for Inter-Pro Investment Group, Inc. Inter-Pro Investment Group, Inc. ("Applicant") is the owner of various parcels that constitute the northeast corner of the intersection of U.S. Federal Highway and Dania Beach Boulevard. Applicant seeks to develop the parcels into a mixed-use project comprised of retail and ® residential uses ("Project"). Applicant is seeking the assignment of three hundred (300) flex units for the site. The Project area has a present land use of Commercial with a zoning designation of"C- 2". The current Project area consists of three (3) two (2) story buildings, a three (3) story building, a one(1)story building,and three(3) asphalt pavement parking areas. The Applicant intends to develop the site with a ten (10) story condominium with retail uses on the first floor and structured parking to serve the development. Applicant has retained Victor Yue with Dorsky,Hodgson Partners, one of South Florida's most notable mixed-use architects and designer of several other mixed-use projects throughout the region. Applicant intends to revitalize this portion of the City of Dania Beach, which serves as a vital lynchpin to any urban redevelopment. Subsequent to this request, the Applicant will also be seeking site plan approval, and a supplemental application for abandonment of certain alleyways and right-of-way. A preliminary site plan is attached for your convenience. We recognize the importance of this main intersection and the owner/applicant will work closely with staff to make the northeast corner the cornerstone of any future redevelopment in the City. ® FTL:1021803:1 CARACAS a FT.LAU DERDALE a MIAMI a NAPLES a PORT ST.LUCIE a SARASOTA a ST.PETERSBURG a TALLAHASSEE o TAMPA WEST PALM BEACH C C Larry Leeds, Growth Management Director City of Dania Beach April 2, 2003 Page 2 If you have any questions,please do not hesitate to contact me. Very truly yours, RUDEN,MCCLOSKY, SMITH SCHUSTER&RUSSELL,P.A. Michael A. Rodriguez,Esq. cc: Robert Fileni,Inter-Pro Investment Group, Inc. FTL•1021803:1 ® CARACAS■F T.LAUDERDALE■MIAMI■NAPLES®PORT ST.LUCIE■SARASOTA■ST.PETERSBURG©TALLAHASSEE■TAMPA■WEST PALM BEACH 10F SUN-SENTINEL,FRIDAY,MAY 1( 720 Public Hearing Notices NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on May 27,2003,at 7:00 PM,or as soon thereafter as possible,in the Da- nia Beach City Commission Room, Administrative Center, 100 west Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any com- ments which might be made to the following re- quest: 5E-19-03-Request by Bonnie Miskel, Ruden-McClo- sky,representing Robert Fileni for property located at the northeast corner of US 1 and Dania Beach Boule-: vard along with the property located between NE 15t: Avenue and NE 1st Court on the north side of Dania Beach Boulevard.The request is for a Special Excep- tion Use to assign 300 flexibility units to construct up to a 300 unit Multi-Family Mixed Use Development. The property is legally described as:Lots 19,20,21, 22,23 and 24,Block 12,"THE TOWN OF MOOELO",Ac-. cording to the plat thereof,as recorded in Plat Book "B", Page 49 of the public records of Miami-Dade: County,Florida.Less the right-of-way for State Road, AS and less the right-of-way for Dania Beach Soule-, vard.Said lands situate, lying and being in Broward! County Florida.Together with:Lot 27,less the right-' of-way of Dania Beach Boulevard;Lots 28,29,30,and 31, Block 2,"Eskilson Addition to the City of Dania"; According to the plat thereof,as recorded in Plat Book 7, Page 10 of the public records of Broward County Florida.Together with Lots 1,2,3,4,5 and 6,Block 1, r less the right-of-way for Dania Beach Boulevard;To- gether with Lots 1 and 2, Block 6, "Beachway",Ac- `� cording to the plat thereof,as recorded in Plat Book 8, Page 33 of the public records of Broward County Flori- da. Copies of the proposed sign variance are available for viewing in the Growth Management Department,100 West Dania Beach Blvd., Dania Beach, Florida be- tween the hours of 8:00 AM.and 4:00 PM,Monday Friday please call (954)924-3645 for more informa- tion.Interested parties may appear at the public hear- ing and be heard with respect to the proposed peti- tion. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Charlene;lohn- son, 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 proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham,Planning Technician i May 16,2003 � NOTICE OF PUBLIC HEARING -- CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on May 27, 2003, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, 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: SE-19-03 - Request by Bonnie Miskel, Ruden-McClosky, representing Robert Fileni for property located at the northeast corner of US 1 and Dania Beach Boulevard along with the property located between NE 1st Avenue and NE 1st Court on the north side of Dania Beach Boulevard. The request is for a Special Exception Use to assign 300 flexibility units to construct up to a 300 unit Multi-Family Mixed Use Development. The property is legally described as: Lots 19, 20, 21, 22, 23 and 24, Block 12, "THE TOWN OF MODELO", According to the plat thereof, as recorded in Plat Book "B", Page 49 of the public records of Miami-Dade County, Florida. Less the right-of-way for State Road #5 and less the right-of-way for Dania Beach Boulevard. Said lands situate, lying and being in Broward County Florida. Together with: Lot 27, less the right-of-way of Dania Beach Boulevard; Lots 28, 29, 30, and 31, Block 2, "Eskilson Addition to the City of Dania"; According to the plat thereof, as recorded in Plat Book 7, Page 10 of the public records of Broward County Florida. Together with Lots 1, 2, 3, 4, 5 and 6, Block 1, less the right- of-way for Dania Beach Boulevard; Together with Lots 1 and 2, Block 6, "Beachway", According to the plat thereof, as recorded in Plat Book 8, Page 33 of the public records of Broward County Florida. ® Copies of the proposed sign variance are available for viewing in the Growth Management 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 Technician Mail: Friday, May 16, 2003 See Reverse side of this notice for a location map of the site i C U) in O O cn ..... (TIGER IL BVCZ _ —_---- i i General Loca�i®�� � �� off Propo Ite i r I rW.. 1 tr4 �k D DAN IA 3 7cn cz BEACH lall cn! HOTEL it DA IA j i ! 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