HomeMy WebLinkAboutO-2002-033 ORDINANCE NO. 2002- 033
BEACH,AN ORDINANCE OF THE CITY OF DANIA FLORIDA APPROVING THE
C
REZONING REQUEST BY ANTONIO CABRERA JR., PRESIDENT OF THE EPOCH
CORPORATION FOR PROPERTY LOCATED AT THE SOUTH EAST CORNER OF
STATE ROAD 84 AND SW 30T" AVENUE DANIA BEACH, FLORIDA, AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE
PROPERTY FROM BROWARD COUNTY B-3 (COMMERCIAL) AND S-2 (OPEN
SPACE) TO BROWARD COUNTY B-3; SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the rezoning request filed by Antonio Cabrera Jr., President of
The Epoch Corporation, for property located at the south east corner of State Road 84
and SW 30th Avenue, within the City of Dania Beach, Florida, is granted with the
condition that the rezoning will be in compliance with the intent of the IROM Zoning;
and the parcels are rezoned as described in Exhibit "A", a copy of which is attached to
this ordinance;
Section 2. That this rezoning request is in conjunction with the proposed Site
Plan request (SP-12-02) for the proposed construction of a 175,000 square foot
Office/Warehouse/Distribution Center consisting of four buildings.
Section 3. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 4. That this ordinance shall take effect upon the recording and filing of
the document identified above in the Broward County Public Records.
PASSED and ADOPTED on first reading on the 111h Day of June, 2002.
PASSED and ADOPTED on second reading on the 25th Day of June, 2002.
O ERT H. CHUNN, JR.
MAY R — COMMISSIONER
ORDINANCE NO. 2002-033
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
cj�b COMMISSIONER MCELYEA - YES
CHARLENE J H SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED A T� FORM AND CORRECTNESS:
BY: I
T O AS lA SBRO
CITY TTORNEY
ORDINANCE NO. 2002-033
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF PARCEL "B" OF "RUNWAY LAKES II" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 47 OF THE PUBLIC
RECORDS OF BROWARD COUNTY FLORIDA.
ORDINANCE NO. 2002-033
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 06/25/02
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - RZ-19-02 REZONING
3. COMMISSION ACTION BEING REQUESTED: ADOPT-ORDINANCE -2ND READING
4. SUMMARY EXPLANATION & BACKGROUND:
REZONING REQUEST BY ANTONIO CABRERA JR, PRESIDENT, EPOCH
CORPORATION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
STATE ROAD 84 AND SW 30T"AVENUE.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Draft copy of declaration of restrictions prepared by applicant's attorney
Ordinance
Rezoning Application
Public Hearing Notice
Mailing List
• Location Map
6. FOR PURCHASING REQUESTS ONLY:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their May
15, 2002 regular meeting.
Submitted by: Date
Laurence G. Leeds, AICP, Director June 5, 2002
Growth Management Department
Administrative Services/Risk Management Date
City Manager Date
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: RZ-19-02: Rezoning from Broward County B-3 (Commercial)
and S-2 (Open Space) to Broward County B-3.
SP-12-02: Site Plan request for the proposed construction of
a 175,000 square foot office/warehouse/distribution center
consisting of four buildings.
LOCATION Vacant land and water bound by SW 301d Avenue on the west,
State Road 84 on the north, and Interstate 1-595 on the south.
The parcel contains approximately 17 acres.
APPLICANT: Antonio Cabrera Jr., President, Epoch Corporation
DATE: June 25, 2002
ANALYSIS
Zoning Change
The north portion of the property is zoned B-3 (General Commercial). The south
portion of the property is zoned S-1 (Open Space). Applicant proposes to
change the zoning so that the entire parcel is zoned B-3. The property has a
"Commercial" Future Land Use Plan designation.
Staff can support proposed B-3 zoning based on applicant's voluntary
commitment to exclude certain types of uses (see draft use restrictions). With
these restrictions, the B-3 zoning furthers the objectives of the Comprehensive
Plan.
Site Plan Approval
The proposed site plan consists of four 44,000 square foot office/distribution
buildings. The plan complies with height, setback, loading, and pervious area
requirements. Based on a mix of 75% office/retail and 25%
warehouse/distribution, sufficient parking is provided.
Additional parking (or a reduction in office/retail use) may be required for
restaurant type uses, health clubs, or any use involving assembly. This last item
should be noted on the site plan.
Both the Public Works/Utilities Director and the Fire Marshall have indicated
preliminary approval of the site plan (see attached memos) subject to conditions.
PLANNING AND ZONING ADVISORY BOARD
RECOMMENDATION
Rezoning
Approval, based on applicant's voluntary use restrictions.
Site Plan
Approval, subject to compliance with staff landscape comments and site plan
parking restrictions.
2 MARINA MILE CC REPORT.DOC
L0401 S.enterfitt
ATTORNEYS AT LAVA
Boca Raton
Fort Lauderdale One Southeast Third Avenue
28th Floor
Jacksonville Miami Miami,Florida 33131-1714
Orlando www.akerman.com
Tallahassee Tampa 305 374 5600 tel 305 374 5095 jar
West Palm Beach
June 14, 2002 Leila M.Jackson Batties
305 755 5806
Ibatties@akerman.com
VIA TELEFAX AND U.S. MAIL
Mr. Larry Leeds
Growth Management Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33044
Re: The Epoch Corporation (the "Applicant") / Marina Mile Business Park
Declaration of Restrictions for Robert Elmore Property Located at State
Road 84 and SW 29th Avenue (the "Property")
Dear Mr. Leeds:
This shall serve as a follow up to our recent discussions concerning certain restrictions on
the Property in connection with the approval of the Applicant's petition to rezone the Property to
B-3.
The Applicant agrees to voluntarily proffer to the City of Dania Beach (the "City") a
declaration of restrictions that prohibits certain uses on the Property that have been deemed
incompatible with the development of the surrounding area, and/or inconsistent with the City's
Comprehensive Plan. The Applicant further agrees that said declaration of restrictions shall be
approved by the City Attorney and recorded in the Public Records of Broward County, at the
expense of the Applicant, prior to the issuance of any building permit by the City for the
development of the Property. For your reference, a draft version of the proposed declaration of
restrictions is attached.
U h n L12
{M1807991;1}
Mr. Larry Leeds
June 14, 2002
Page 2
In light of the foregoing, we remain hopeful of the City's favorable consideration of the
Applicant's petition. As always, please do not hesitate to contact me if you have any questions or
concerns. Thank you for your considerate attention to this matter.
Very truly yours,
Leila M. Jackson Batties
LMJB/bf
Attachments
cc: Mr. Antonio J. Cabrera, Jr.
Juan J. Mayol, Jr., Esq.
IM1807991;1}
This instrument was prepared by:
Name: Leila M. Jackson Batties, Esq.
Address: Akerman Senterfitt&Eidson
One Southeast Third Avenue, 28'h Floor
Miami,Florida 33131
(Space Reserved for Clerk of the Court)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned, THE EPOCH CORPORATION (the "Owner"), holds the
fee simple title to that certain parcel of land, which is legally described as follows:
All of Parcel B of "Runway Lakes II" according to the plat thereof as
recorded in Plat Book 156, Page 47, of the Public Records of Broward
County, Florida.
(the "Property").
NOW, THEREFORE, in order to assure the City of Dania Beach (the "City") that the
representations made by the Owner during its consideration of the petition to rezone the Property
to B-3 (the "Petition") will be abided by, and in consideration of the approval of the Petition, the
Owner freely, voluntarily and without duress, makes the following Declaration of Restrictions
covering and running with the Property:
1. Use Restrictions. The Owner shall develop and maintain uses on the Property that are
intended primarily to accommodate establishments and services catering to the business and
industrial community and for services not used by residents on a regular basis.
Notwithstanding the B-3 zoning on the Property, eating establishments, such as a cafeteria,
coffee shop, fast food restaurants, full service restaurants, and take out restaurants, shall be
limited to a maximum of fifteen (15) percent of the total square footage of the proposed
building. Liquor, beer and wine, associated with normal restaurant operations, shall be
{M1783864;4}
Declaration of Restrictions
Page 2 of 7 -
permitted under the terms specified in the B-3 district. Moreover, the following uses shall
be prohibited on the Property:
• Adult entertainment establishments
• Adult video store
• Amusement center(video arcade, games)
• Automobile, truck detailing or cleaning,
• Automobile repair garage
• Automobile paint and/or body shop
• Bar, lounge
• Bus terminal
• Car wash, self-service or automated
• Coin laundry
• Commercial vehicle, recreational vehicle or heavy construction equipment storage
yard (other than the temporary storage of construction equipment during
construction activity)
• Dance club
• Department store
• Flea market,indoor
• Fortune tellers, Palm reading, Clairvoyants
• Free-Standing fast food or drive-in restaurants, free-standing convenience food
stores and gasoline service stations
• Funeral home
• Gasoline station
• Golf driving range
(MI783864;4)
Declaration of Restrictions
Page 3 of 7
• Golf, miniature
• Hotel or motel
• Nightclub
• Package liquor, beer or wine
• Places of worship
• Supermarket
• Tattoo shop
• Theater
• Video Store
2. Miscellaneous.
A. City Inspection. As further part of this Declaration, it is hereby
understood and agreed that any official inspector of the City, or its agents duly
authorized, may have the privilege at any time during normal working hours of entering
and inspecting the use of the premises to determine whether or not the requirements of
the building and zoning regulations and the conditions herein agreed to are being
complied with.
B. Covenant Running with the Land. This Declaration on the part of the
Owner shall constitute a covenant running with the land and may be recorded, at the
Owner's expense, in the public records of Broward County, Florida, and shall remain in
full force and effect and be binding upon the undersigned Owner, and their heirs,
successors and assigns until such time as the same is modified or released. These
{MI783864;4}
—�
Declaration of Restrictions —
Page 4 of 7
restrictions during their lifetime shall be for the'benefit of, and limitation upon, all
present and future owners of the real property and for the public welfare.
C. Term. This Declaration is to run with the land and shall be binding on all
parties and all persons claiming under it for a period of thirty(30) years from the date that
this Declaration is recorded, after which time it shall be extended automatically for
successive periods of ten (10) years each, unless an instrument signed by the, then,
owner(s) of the Property has been recorded agreeing to change the covenant in whole, or
in part, provided that the Declaration has first been modified or released by the City.
D. Modification, Amendment, Release. This Declaration of Restrictions
may be modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of such portions of the
Property as may be covered by such modification, amendment or release, including
joinders of all mortgagees, if any, provided that the same is also approved by the City
Commission, after public hearing.
Should this Declaration of Restrictions be so modified, amended or released, the
Director of the Growth Management Department, or the executive officer of the successor
of such Department, or in the absence of such director or executive officer by his assistant
in charge of the office in his absence, shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment or release.
E. Enforcement. Enforcement shall be by action against any parties or
person violating, or attempting to violate, any covenants. The prevailing party in any
{MI783864;4}
Declaration of Restrictions ,
Page 5 of 7
action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may adjudge
to be reasonable for the services of his attorney. This enforcement provision shall be in
addition to any other remedies available at law, in equity or both.
F. Authorization for City to Withhold Permits and Inspections. In the
event the terms of this Declaration are not being complied with, in addition to any other
remedies available, the City is hereby authorized to withhold any further permits, and
refuse to make any inspections or grant any approvals, until such time as this Declaration
is complied with.
G. Election of Remedies. All rights, remedies and privileges granted herein
shall be deemed to be cumulative and the exercise of any one or more shall neither be
deemed to constitute an election of remedies, nor shall it preclude the party exercising the
same from exercising such other additional rights, remedies or privileges.
H. Presumption of Compliance. Where construction has occurred on the
Property or any portion thereof, pursuant to a lawful permit issued by the City, and
inspections made and approval of occupancy given by the City, then such construction,
inspection and approval shall create a rebuttable presumption that the buildings or
structures thus constructed comply with the intent and spirit of this Declaration.
I. Severability. Invalidation of any one of these covenants, by judgment of
Court, shall not affect any of the other provisions which shall remain in full force and
effect.
{M1783864;4}
Declaration of Restrictions
Page 6 of 7
J. RecordinLy. This Declaration shall take effect and be filed of record in the
Public Records of Broward County, Florida, at the cost to the Owner, following the final
adoption by the City Commission of an ordinance approving the Petition.
[Signature Page Follows]
i
•
(MI783864;4)
Declaration of Restrictions
Page 7 of 7
IN WITNESS WHEREOF, we have hereunto set our hands and seal this day of
2002.
WITNESSES THE EPOCH CORPORATION
By:
Signature Antonio J. Cabrera, Jr., President
Printed Name
Signature
Printed Name
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me by Antonio J. Cabrera, Jr. He is
personally known to me or has produced as
identification.
Witness my signature and official seal this day of 2002 in
the County and State aforesaid. '
My Commission Expires:
Notary Public - State of Florida
Printed Name
[M1783864;4}
CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W. DANIA BEACH BLVD.
DANIA BEACH, FL 33004
PETITION FOR REZONING
PETITION RZ-
TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY
COMMISSION, A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY
REQUESTED BY:
PETITIONER: fHt; HOM OW- OFAT1OM
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO if) AL- OF MRCEI.. F DF
wNmy LAKES II, ra IS6 M47 (50f47 -20-�(,-DDIo /002oZ
GENERAL LOCATION OF SUBJECT PROPERTY: ST• 904D ?4 'i 5W 2.9"A4 NU
PRESENT ZONING: '3 CJ' REQUESTED ZONING: AW TU 6-:�
REASONS&JUSTIFICATION FOR REQUESTED REZONING:
MMIT 7NE MFLOPMENT DE MOPERTY »R i7FFfG��{c f�l� / 5rxr�unON
usE
(Note: If more than one zoning classification is requested, please attach complete legal description of
each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA BEACH CITY
COMMISSION
Sworn tq subscribe before me Sigi t Petitioner
this day of 200 e
ry P lic Stat of —c✓L Z>'* ) 5 u l
Pri ed Name of -
c:: 782 N A�D I pnn l, 33
C nission Expiies., 0 5-283Z
Seal: 0733;•.s Telephone Number/Fax Number
WHEN PETITIONER-IS.NOTTHE=OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR
REZONING and that I have authorized Tf 5?MH CDRPY)ZAT ION to make and file the aforesaid
PETITION FOR.REZONING.
Sworn to and subscribe14 before me
�( Sig yG�e of tltio r
this / day of �r 20 U
K r I7
AM
Notary Pub' -(- dkny YbWrQV0 NW- TO ArVENUe . Fr L AVDE-D"
Printed Nr a CaID�IQl9S Street Address, City State&Zip 333If
A �%R C
Commission E • Ind ��Jr4)5 Za'M37 A('9t�4) 523
Seal: a e Telephone Number/Fax Number
•............................(DEPARTMENT USE ONLY•DO NOT WRITE BELOW HERE)...........................
Check off list:
Filing Fee: $275.00 for the first acre or fraction thereof,
Sealed Survey plus$27.50 per acre for each additional or
Plat Name(if applicable) fraction thereof. Plus Advertising costs.
Related petitlon(s)(if applicable)
I
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
*TICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
Tuesday, June 25, 2002 at 7:00 p.m., or as soon thereafter as possible, in the 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:
RZ-19-02 — Rezoning request by Antonio Cabrera Jr., President of The Epoch Corporation, for property
located at the south east corner of State Road 84 and SW 301h Avenue for a zoning change from Broward
County B-3 (Commercial) and S-2 (Open Space) to Broward County B-3.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST
BY ANTONIO CABRERA JR., PRESIDENT OF THE EPOCH CORPORATION FOR PROPERTY
LOCATED AT THE SOUTH EAST CORNER OF STATE ROAD 84 AND SW 30TH AVENUE DANIA
BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY
FROM BROWARD COUNTY B-3 (COMMERCIAL) AND S-2 (OPEN SPACE) TO BROWARD COUNTY B-
3; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
The rezoning and variance requests are in conjunction with the proposed Site Plan request (SP-12-02) for
the proposed construction of a 175,000 square foot office/warehouse/distribution center consisting of four
buildings.
The property is legally described as: All of parcel "B" of "Runway Lakes II" According to the plat thereof as
Wrded in plat book 156, page 47 of the public records of Broward County Florida.
Copies of the proposed petition 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. 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, and (954) 924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or 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, June 14, 2002
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