HomeMy WebLinkAboutR-2002-092 RESOLUTION NO. 2002-092
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE SITE PLAN REQUEST
SUBMITTED BY ANTONIO J. CABRERA, MANAGER OF
THE EPOCH CORPORATION, LOCATED AT THE
SOUTHEAST CORNER OF STATE ROAD 84 AND SW 30T"
AVENUE, 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, Antonio J. Cabrera, Manager of The Epoch Corporation has applied for
site plan approval for the proposed construction of a 175,000 square foot
office/warehouse/distribution center consisting of four buildings to be located on
approximately 17 acres of vacant land, water bound by SW 30th Avenue on the west, State
Road 84 on the north, and Interstate 1-595 on the south in Dania Beach, Florida; and
WHEREAS, the Planning &Zoning Board on May 15, 2002, recommended that the
City Commission grant the site plan request(SP-12-02), 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 BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application (SP-12-02)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 Declaration of Restrictions which is attached and made a part of this Resolution as
Exhibit "B".
SP-12-02 Marina Mile Office 1 RESOLUTION NO. 2002-092
It is further noted that the original Site Plan is maintained in the office of the Growth
Management 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.
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are repealed to the extent of such conflict.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 25th DAY OF JUNE, 2002.
BERT H. CHUiqN, JR.
YOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
A LENE JOH ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS T FORM AND CORRECTNESS:
BY:
__�L -'\ ' A / __
TH MA J. ANSBRO
CITY ATTORNEY
SP-12-02 Marina Mile Office 2 RESOLUTION NO. 2002-092
City of Dania Beach
Application for Site Plan Approval da ao
100 W. Dania Beach Blvd. EXHIBIT
Dania Beach, FL 33004
+date O 2. (954) 924-3645 Phone
(954) 922-2687 Fax Application SP-
The undersigned petitions the Growth Management Department and/or the City Commission of the City of
Dania Beach to consider site plan approval on the parcei(s) of land described in this application.
NAME OF APPLICANT: Ht,1*0447424--
ADDRESS OF APPLICANT: � �t L �eyt�E � 7Ia
APPLICANT PHONE & FAX: �• ►tc: �cj�.•1 ° . ctZ?.� ,
PROPERTY INTEREST OF APPLICANT(Please provide documentation):
NAME AND ADDRESS OF PROPERTY OWNER (Proof of ownership nd if not the �pplicant—
authorization letter to apply as representative ): i �now
. � •
ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT
WROPERTY (Attach legal description if necessary): 4E,%r Caw4goL9 'r&Tk.. *
A4—
�� �otH �,�.. ��o� �o-dZ-2�-�rd •oolo��ozo
RECORDED PLAT NAME: VL41666y. 1�260 Pn-4.7
EXISTING LAND USE DESIGNATION: thigoiss. EXISTING ZONING:
LOT SIZE: ACREAGE _ SQ. FT. 72_71,6 .
DESCRIPTION OF PROJECT: ��AlZt1+I+�► u.�ri C�Gtuiv �,NOrrs1<M �S�NttbS pAll _
LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE
REQURIED TO SUPPORT THIS APPLICATION:
ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION: A/A-
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY
COMMISSION
Sworn to and subscribed before me Signature of Petitioner
this day of_ 20
Notary Public State of (
Printed Name of Notary Street Address, City State & Zip
Commission Expires
Seal: Telephone Number
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL
THE FOLLOWING:
This is to certify that I am the owner of subject land d cribed bove in the PETITION FOR
SITE PLAN APPROVAL and that I have authorized' I A P to make and
file the aforesaid PETITION FOR SITE PLAN APPROVAL.
Sworn to and subscribed before me Signature of Petitioner
this Z b day of M A me.►+ 20 o P !
Notary Publ a of Printed Name of Notary Street Address, City State & Zip
Commission Vic__ . �,.-ab, &fl
Seal: �= HQ,a��
�> C., L,�, Telephone Number
Site Plan Fees are calculated as follows:
Residential - $275.00 Base Fee, plus $8.80 per unit for the first 100 units, plus $4.40 for each unit
in excess of 100 units.
Non-Residential/Hotel-Motel-$275.00 Base Fee, plus $1.10 per 100 sq. ft.for the first 10,000 sq. ft.
Plus 0.55 per 100 sq. ft.for that portion in excess of 10,000 sq. ft.
Major revision for residential or non-residential and hotel/ motel site plan—'/z of site plan fee.
In addition, a retainer is required for administrative and advertising costs -(As per Ch.28,Article.
9.60. Recovery of costs...)
Minimum fee required is $5,000.00 plus the application fee for Non Residential/ Hotel Motel Multi-
family and and Site Plan Revisions
Minimum fee required is $3 000 00 plus the application fee for Duplex Residential
. This instrument was prepared by:
Name: Leila M. Jackson Batties, Esq.
Address: Akerman Senterfitt& Eidson
One Southeast Third Avenue,28`s Floor EXHIBIT 69 "
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
pbuilding. 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
e Adult video store
Y Amusement center(video arcade, games)
• Automobile, truck detailing or cleaning,
O Automobile repair garage
• Automobile paint and/or body shop
0 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
a 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
9 Gasoline station
0 Golf driving range
(M1783864;41
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
(M1783864;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
(M1783864;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 Ins ections. 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.
(MI783864;4}
Declaration of Restrictions
Page 6of7
L..
Lj
• J. Recording. 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]
(M1783864;41
Declaration of Restrictions 1�
Page 7 of 740 ✓,y _ _ �l
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
f M1783864;4)
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JUNE 25, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -SP-12-02 SITE PLAN
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
SITE PLAN 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
Resolution
Review sheets response from Fire Marshal, Public Works / Utilities Director
Site Plan Application
Site Plans
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 May
15, 2002 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date June 5, 2002
Growth Management Department
City Manager Date
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Ivan Pato, City Manager
GL
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
Rollo Senterfitt
ATTOR.>Je'!S aT iAL--;
Boca Raton
18 Fort Lauderdale One Southeast Third Avenue
Jacksonville 28th Floor
Miami Miami,Florida 33131-1714
Orlando www.akerman.com
Tallahassee
Tampa 305 374 5600 te! 305 374 5095 jar
West Palm Beach
June 14, 2002 Leila M.Jackson Batties
305 755 5806
lbatties@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 Brow ard 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. n
0
(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.
(M1807991;1}
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
® Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954) 922-2687
Date: June 7, 2002 Folio#:
Project Name: Marina Mile Industrial Business Park Project No. SP-12-02
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF
RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.
PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING
SHEET. THANK YOU.
FIRE MARSHAL: Ed Tarmey
o UTILITIES DIRECTOR: Michael Sheridan
❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions: Please review revised site plan and return with comments if any.
la,y A-5 5128/o Z
Signature
r�CL w t 1
Print Name
Date
Route Sheetform.doc
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924-3645 Fax: (954)922-2687
Date: May 24, 2002 Folio#:
Project Name: Marina Mile Office Project No. SP-12-02
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF
RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.
PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING
SHEET. THANK YOU.
FIRE MARSHAL: Ed Tarmey
❑ UTILITIES DIRECTOR: Bud Palm
❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
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60 -P(,—, nnus; 7y T% r e 60 a�,_7,s ip e 3f� ZA,.s,I,-e �n Ti cam rZ 1�� G,v l-v l�ct�SS
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Secs u'i o� ?ro,ec' . T 5F141-L- 'b e na 6 F 20 ' w ID e A'J1> S�
t— 0 _ —E f ,
Signature
Print Name
Date
Route Sheet Form.doc
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924-3645 Fax: (954) 922-2687
Date: May 24, 2002 Folio#:
Project Name: Marina Mile Office Project No. SP-12-02
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF
RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.
PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING
SHEET. THANK YOU.
❑ FIRE MARSHAL: Ed Tarmey
UTILITIES DIRECTOR: Bud Palm
® ❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
S iffn7M rve
IIJG 'T.
Print Nam ,, a
Date
Route Sheet Form.doc