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HomeMy WebLinkAboutR-2001-224 RESOLUTION NO. 2001-224 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY .TERRY CARTER, EXECUTIVE DIRECTOR OF THE DANIA ECONOMIC DEVELOPMENT CORPORATION, PROPERTY OWNER, FOR THE LOCATION AT 210 NW 12TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter; and WHEREAS, Jerry Carter Executive Director of the Dania Economic Development Corporation, property owner for the location at 210 NW 12"' Avenue, has requested a zoning appeal from the decision of Growth Management Director to reactivate a site plan (SP-09-97) previously approved on April 22, 1997 to allow the Dania Economic Development Council ("DEDC") to construct Building No. 2 and the Future Recreation Building for the Senior City Apartment Complex located at the northeast corner of NW 2"d Street and NW 12"' Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the certain application dated November 9, 2001 (ZA-056-01) for a zoning appeal request, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved. Section 2. That the granting of the appeal reactivates the approved site plan for the above referenced project for a period of five years from the effective 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. 1 RESOLUTION NO.2001-224 PASSED AND ADOPTED THIS 27TH DAY OF NOVEMBER 2001. PATRICIA FLURY MAYOR ATTEST: ROLL CALL: COMMISSIONER BERTINO-YES 4_ � COMMISSIONER MIKES-YES COMMISSIONER McELYEA-YES CffAnNE JO S N VICE-MAYOR CHUNK-YES CITY CLERK MAYOR FLURY-YES APPROVED AS TO FORM AND CORRECTNESS: BY: k� T O , AS j. ANSBRO CITY ATTORNEY 2 RESOLUTION NO.2001-224 AGENDA REQUEST FORM CITY OF DANIA BEACH e AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: NOVEMBER 27, 2001 2. DESCRIPTION OF AGENDA ITEM: ZONING APPEAL ZA-056-01 DANIA ECONOMIC DEVELOPMENT CORPORATION 210 NW 12T"AVENUE 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request by Jerry Carter, representing the Dania Economic Development Corporation, from an Administrative Decision of the Growth Management Director to Reactivate a Site Plan (SP-09-97) previously approved on April 22, 1997 to allow the Dania Economic Development Council ("DEDC") to Construct Building No. 2 and the Future Recreation Building for the Senior City Apartment Complex located at the northeast corner of NW 2nd Street and NW 12th Avenue, (Property located at 210 NW 121"Avenue, Dania Beach, Florida.) 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum Resoultion Zoning Appeal Request Letter from Jerry Carter Public Hearing Notice/Mailing List/Location Map Plans 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Submitted by: Laurence G. Leeds, AICP, Director Date 11/19/01 Growth Management Department City Manager Date STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Ivan Pato, City Manager FROM: Laur nce Leeds, AICP, Director Growth Management Department RE: Appeal from an Administrative Decision of the Growth Management Department to Reactivate a Previously Approved Site Plan (Property located at the northeast corner of NW 2"d Street and NW 12th Avenue). Date: November 27, 2001 Applicant: Dania Economic Development Corporation On April 17, 1997, the City Commission approved a 22-unit senior citizen housing complex to be located at the northeast corner of NW 2nd Street and NW 12th Avenue. The complex consisted of two 11-unit apartment buildings and a recreation building. The apartment building located closest to NW 2"d Street was completed in 1998. The zoning code provides that site plans expire after 18 months if no building permits are obtained. The City Attorney has ruled, because it has been more than 18 months since the first apartment building was completed, that the 1997 site plan has expired. In order to "reactivate" the site plan, the City Commission must grant DEDC's appeal of the Growth Management Department's position regarding expiration of the site plan. Staff supports granting the appeal, as the 1997 site plan complies with all current zoning code requirements, including 40% pervious area, parking, and density. RECOMMENDATION Staff supports granting the appeal to reactivate the site plan (including the recreation building) for five years. DEDC Appeal 11-27-01 a.doc DANIA ECONOMIC DEVELOPMENT CORPORATION 210 N.W. 12th Avenue (Office) P.O. Box 694 Dania, Florida 33004-0694 (954) 921-7050 November 9 , 2001 Mr. Larry Leeds City of Dania Beach 100 West Dania Beach, Blvd. Dania Beach, Florida 33004 Dear Mr. Leeds : This letter is submitted as Dania Economic Development Corporation' s (DEDC) appeal to the City of Dania Beach to reactivate the approved site plan for the development of "Byrd Pointe" Senior Housing Complex. DEDC is currently implementing very successfully phase I of this housing development initiative and to further expand the stock of decent, safe quality housing to benefit senior citizens of Dania Beach, request is made for continued approval of this worthy develop- ment endeavor. We appreciate and thank the City of Dania Beach for its continued support and assistance provided to our overall community revitali- zation program .as we pursue opportunities to benefit our great city. incerelyL_T� ry Carter Executive Director cc: Bobbie H. Grace, President JC:am A Tax Exempt, Not-For-Profit, Florida Corporation NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZA-056-01 - ZONING APPEAL Notice is hereby given of an appeal requested by Jerry Carter, representing the Dania Economic Development Corporation, from an Administrative Decision of the Growth Management Director to Reactivate a Site Plan (SP-09-97) previously approved on April 22, 1997 to allow the Dania Economic Development Council ("DEDC") to Construct Building No. 2 and the Future Recreation Building for the Senior City Apartment Complex located at the northeast corner of NW 2nd Street and NW 12th Avenue, (Property located at 210 NW 12t" Avenue, Dania Beach, Florida.) The Dania Beach City Commission will hear this appeal on Tuesday, November 27, 2001 at 7:00 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida. All interested parties may appear at said meeting and be heard with respect to the proposed petition(s). 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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 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 Mailed: November 16, 2001 -ww AM-# WTTR� ' a lima' rim -4 mill 131 li VIEW NEW, Ert'.u.-no.,OR, L. MEEMEM F 1 I1IP UNRY IAW- IPA AM e a x _ a 'T"`--'°'"— a., .i Lq`.-.Sme <I � � �_. .-.a..- ,�r '-.ag �,•.°'f. 4, ',: ..'.e5:4'R f,.:aAa:: :."a""�{e$'�`.T_$c.s b w,. gam• .� d...y �� fl�•. 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