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HomeMy WebLinkAboutR-2007-129 OTO Special Exception RESOLUTION NO. 2007-129 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY STEPHANIE J.TOOTHAKER,ESQ.,ON BEHALF OF PROPERTY OWNERS ROBERT AND DONNA KRILICH,FOR A SPECIAL EXCEPTION TO ALLOW HOTEL USE IN A C-2 (COMMERCIAL) ZONING DISTRICT;FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD,SOUTH OF DANIA BEACH BOULEVARD EXTENDED,AND EAST OF INTERSTATE 95,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that hotel uses are allowed as a special exception use in C-2 zoning districts; and WHEREAS, Stephanie J. Toothaker,Esq. on behalf of property owners Robert and Donna Krilich,has applied for a special exception request to allow two(2)hotels to be constructed in a C-2 (Commercial) zoning district; property is generally located north of Stirling Road, south of Dania Beach Boulevard Extended, and east of Interstate-95; and WHEREAS, the Planning & Zoning Board on June 20, 2007, recommended that the City Commission grant the special exception request, subject to conditions, 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 that certain application SE-33-07,for a special exception use to construct two(2)hotels in a C-2(Commercial)zoning district,for property generally located north of Stirling Road,south of Dania Beach Boulevard Extended,and east of Interstate 95,Dania Beach, (a copy of which application is attached and made a part of this Resolution as Exhibit"A"),is approved,with the following conditions: I. Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division). 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees to be removed from the site. The mitigation must be paid prior to issuance of a building permit (Landscape Consultant). 3. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit(Public Services;6-14-07). 4. Adequate water supply must be provided; 1)fire flow demand—signed and sealed by engineer, 2) flow tests must be conducted prior to issuance of a building permit. (Fire Marshall). 5. Provide dedicated airport shuttle service, 5:00 am — 12 midnight and demand- responsive shuttle service, 12 midnight—5 am, seven days per week. Section 2. That this approval shall automatically expire and become null and void unless building permits are obtained on or before twelve (12) months from the effective date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 24, 2007. h*140�- BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AN ORRECTNESS BY: THOMAS J. SJBRO CITY ATTORNEY 2 RESOLUTION#2007-129 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954)924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment It�1 A, ❑ Plat ❑ Plat Delegation Request e ❑ Rezoning yX Site Plan Date Rec'd: 1 0�5 p? ❑ Special Exception JAN 2 5 2007 �}�p$-a7 Special Request Petition No: Trafficway Waiver Planning ❑ Variance Department ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad 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. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: Stirling Road and I-95, Dania Beach, Florida Lot(s): see survey Block: Subdivision: Recorded Plat Name: see attached legal and survey 5 , 504233480020, 504233480012, 504233390020 Folio Numbers : 504233480011 Legal Description: see attached Applicant/Consultant/Legal Representative (circle one) Stephanie Toothaker, P.A. Address of Applicant: 450 East Las Olas Boulevard, Suite 700, Fort Lauderdale, FL 33301 Business Telephone: (954) 232-2427Home: Fax: (954) 523-9146 Name of Property Owner: Robert/Donna Krilich Address of Property Owner: 851 Flamingo Drive, Fort Luderdale, FL 33023 Business Telephone: (954)760-9719 Home: Fax: (954) 760-4792 Explanation of Request: Site Plan Approval Prop. Net Acreage: 9.6942 Gross Acreage: 9.6942 Prop. Square Footage: 422,279.35 Existing Use: C-2/Land Proposed Use: Hotel Is property owned individually, by a corporation, or a joint venture? Individual **This signature page replaces the signature page for the attached General Development Applica[io signed Januar 2007 and submitted to the City on January 25, 2007. I and stand that s pian Ind variance approval automatically expires within 12 0 of City C issi approval, pursuant to Ordinance No. 2005-040. Stephanie J. Toothaker, Esq. February 28, 2007 ppli t/ er signature r nt Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATU Sworn to and subscribed before me Appitaa W tsi epresentative: 28th February 2007 tARMAu1MUYH1 Sig Hoerr P".euM tw a nr • w cMo.wrr, +o e: February 28, 007 0o t Mb8 Stephanie J. Toothaker, Esq. Sign Name of Notary Public (Print Name) State of( ) 450 B. Lae Olae. Blvd., Suite 700 Fort Lauderdale, FL 33301 Print Name of Notary Street Address, City, State and Zip Code � I �1 954-523-2427 phone 954-523-9146 fax Commission Expires: r Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (K1$S1ityLr141fFifJRepreSentative) Stephanie J. Toothaker, Es to make and file the aforesaid application. Sworn to and subscribV before me Owner: Donna K i ich This ),? day of 20 0 1 Signature: Date: v� Donna Kri/ich Sign N e Notary Public (Print Name) State of( ) 851 Flamingo Drive Fort Lauderdale, FL 33023 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-760-9719 phone 954-760-4792 fax Seal: Telephone No. & Fax No. am RYG.OLSENM������DIONADD625441 ebruary 21,2011yPwku„e,„,ma. %w !l 2007 .."lailaing De paPtfri ant I I and nd that site plan and variance approval automatically expires within 12 rd a of Co on approval, pursuant Ordinance No, ZOOS-040, 7 K� .�JAIAI� oexiey �3 7 00 Ace lant/Owner Ipn*Wrs Print Name pste APPLICANTi,CONWLTANTr OR LEGAL REPRESENTATM NOTARtad SIGNATURE Sworn to and subscribed bdfom me ApplitanklOx itant/Represenmgvr Thisai day OC&j muck AJ20-U Sgrrature: Data: �of u�7'�) (Print Name) Lpykl e� Y. Print Name of Notary Street Addnt94 City,State end Zip Cade Clorrtmissbn Seal. 1- Telephone No.&Fax No CommWIN IDD242791 Bxpiro�An�19a,2007 04 t,a , Aft Boadie INOWIDUAL OWNER NOTARIZED sIGNATURE3 This Is to cart y that I am the fee sknpb owner of sutd lands described above and that I have authorhed (ApplkenVconsad ant/Rep MntatKv) to make and file the aforesaid applkatlan. �( l Sworn to and subscribed^tb1�l,�ar,e me owner:.__,. 0,VWlf /1 /?lLlCII T - his 0 day of T"T 20DA Signature; Date: W3 —200 7 Lilll—�L nJtiCW c Da y yf3 �'.P/�iC'Iq Sign Name of Notary Public (Print Name) State of(�(tr 1 � 5/ FL,4M//✓!n U Fr. Z q lb.,�L Print Name of Notary Street Address,C ty, State and Zip Cade 3 30 23 Commission Expires: /SY 76 0 - 9 711CIfj.q 7G o - 11 Seal: 'telephone No. 9 Fax No. Laurie Ann K Duerr Commission IDD242790 =*, ' c Expires:Aug 19,2007 Bonded nru Atlantic Dondim Co„lna LEGAL DESCRIPTION LAND DESCRIPTION: ALL THAT PORTION OF THE NORTH 112 OF THE SE 114 OF THE SW 114 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF THE £AST RICHT-OF-WAY LINE OF STATE ROAD /9 (I-95), SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, (A/K/A THE NORTH 664.12 FEET OF PARCEL A OF DUKE & DUKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 124, PACE 48, 8ROWARD COUNTY PUBLIC RECORDS), TOGETHER WITH THE EAST 112 OF THE WEST 112 OF THE SE 114 OF THE SE 114 OF THE SW 114, EXCEPTING THE SOUTH 306 FEET THEREOF AND THE NORTH 113.0 FEET OF THE SOUTH 306.0 FEET OF THE EAST 112 Of THE W 112 OF THE S£ 114 OF THE Sr 114 OF THE SW 114 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA.(A/K/A A PORTION OF PARCEL "A; KRILICH PLAT, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 142, PACE 19, BROWARD COUNTY PUBLIC RECORDS). TOGETHER WITH LOTS 1 THROUGH 10, WITH PORTIONS OF LOTS I I & 12 AS DESCRIBED IN O.R, BOOK 13335 AT PAGE 90, BLOCK 2, (A/K/A A PORTION OF PARCEL A, KRILICH PUT, ACCORDING TO THE PUT THEREOF RECORDED IN PUT BOOK 142, PAGE 19, BROWARD COUNTY PUBLIC RECORDS) AND LOTS 1 THROUGH 6 AND 18 THROUGH 24 (A/K/A PARCEL '8' KRILICH PUT, ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 142, PAGE 19, BROWARD COUNTY PUBLIC RECORDS) IN BLOCK 1 OF DOUGLAS HILL, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 12, PAGE 45, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH THAT CERTAIN RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT ABANDONED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORD BOOK 29499, PAGE 803 OF THE PUBLIC RECORDS OF BROWARO COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SOUTHWEST l8TH COURT (FORMERLY FERN STREET) TOGETHER WITH A PORTION OF SOUTHWEST 1ST STREET (FORMERLY FIRST AVENUE SOUTHWEST) AS SHOWN ON DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 72. PACE 45, PUBLIC RECORDS OF BROWARD COUNTY, FLORDA, LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 17, BLOCK i OF SAID DOUGLAS HILL, AND LYING WEST OF THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK 1. TOGETHER WITH THE NORTH 351 FEET OF PARCEL I (AS HEREINAFTER DESCRIBED) AS MEASURED PERPENDICULAR TO THE NORTH LINE OF SAID PARCEL 1. PARCEL I IS DESCRIBED AS FOLLOWS. ALL THAT PART OF THE W 112 OF THE WEST 112 OF THE SE 114 OF THE SE 114 OF THE SW 114 OF SECTION JJ, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO, 9, EAST OF THE EAST LIMITED ACCESS RGHT-OF-WAY LINE OF SAID STATE ROAD NO. 9, AND NORTH OF THE NORTH RGHT-OF-WAY LINE OF SPRUNG ROAD, SAID LAND SITUATE, LYING AND BEING IN BROVIARD COUNTY, FLORIDA IOCETHER W1TH A NON-EXCLUSIVE PERSONAL EASEMENT OF INGRESS AND EGRESS AND PUBLIC UTILITIES OVER THE WESTERLY JO FEET AND SOUTHERLY 10 FEET OF THAT PORTION OF SAID PARCEL i LYING SOUTH OF THE NORTH 351 FEET THEREOF. LESS FROM ALL THE ABOVE DESCRIPTIONS THOSE PORTIONS CONVEYED TO OAKRIOGE HOi EL I IN O.R. BOOK 27620, PAGE 199 AND O.R. BOCK 283J1, PAGE 321, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID L,0JOS LYING IN THE CITY OF 04N/A, BRO'AARD COUNTY, FLORIDA, CONTAI,VA- 422,231 J7 SOUARE FEET (9-594 ACRES), MORE OR LESS. ALSO KNOWN AS: A PORTION OF PARCEL A, DUKE & DUKE SUBDIVISION, ACCORDING TD THE PLAT THEREOF AS RECORDED IN PUT BOOK 124, PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL "A' AND A PORTION OF PARCEL B, KRILICH PUT, ACCORDING TO THE PUT THEREOF AS RECORDED IN PLAT BOOK 142, PAGE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PUT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION OF SOUTHWEST 18TH COURT AND SOUTHWEST ?Sr STREET ABANDONED BY RESOLUTION OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONER (RESOLUTION N0. 1999-602) RECORDED IN OFPCIAL RECORDS BOOK 29499, PAGE 803 OF SAID PUBLIC RECORDS ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A, DUKE & DUKE SUBDIVISION, THENCE NORTH 8752'10' EAST ALONG THE NORTH LINE OF SAID PARCEL A, 571.87 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01'20'16" EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE SOUTH 8754'08" WEST ALONG SAID SOUTH LINE OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PUT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS; THENCE SOUTH 01'17'38" EAST ALONG SAID NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1, A DISTANCE OF 325.00 FEET TO THE SOUTH LINE OF LOT 6, IN SAID BLOCK 1; THENCE SOUTH 8754'08" WEST ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85,10 FEET TO THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF PARCEL "B", KRILICH PLAT, AS RECORDED IN PLAT BOOK 142, PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01'1921" EAST ALONG THE WEST LINE OF LOT 7 AND SAID EAST LINE OF PARCEL "B, 50.00 FEET,' THENCE SOUTH 8754'08" WEST, 15.07 FEET- THENCE NORTH 01'28'53" WEST J1.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 19J.00 FEET, A CENTRAL ANGLE OF 54'2725', AN ARC DISTANCE OF 183.44 FEET TO A POINT OF COMPOUND COR✓ATURE WITH A CURVE CONCAVE TO THE SOUTHWEST- THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11'53'5J'; AN ARC DISTANCE OF 746.40 FEET,' THENCE NORTH 22'09'49" EAST 52,00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 22'09'49" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 757.00 FEEL A CENTRAL ANGLE OF 14'59'12, AN ARC DISTANCE OF 198.01 FEET; THENCE SOUTH 01'2123" EAST, 52.6J FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07'48'42" WEST TO THE RADIUS POINT OF THE NEXT OESCRI13ED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF 5410 CURVE HAVING A RADIUS OF 705.00 FEEL A CENTRAL ANGLE OF 03'29'15'; AN ARC DISTANCE OF 42.92 FEET TO A PC1NT ON THE WEST LINE OF PARCEL A OF SAID DUKE & DUKE SUBDIVISION, THE EAST RIGHT-OF-'NAY LINE OF INTERSTATE HIGHWAY 95 AND A NON-TANGENT CURVE CONCAVE TO THE NEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 35'10'J2" 'NEST TC THE PADIUS POINT OF THE NEXT DESCRIBED CURVE); T"ENCE NORTHERLY ALONG THE .ARC OF SAID CURVE HAVING A RACIL,7 OF 5929.65 FEET A CE,VLRAL ANGLE OF 06'57'09'; AN ARC CIST4NCE OF 71953 FEET TO THE PONT CF 9EC'NN1'NG. JAID LANw LY;;�„ LV B,RC,VARD C LSVTY FLCRICA, fO,A!,`I;,VG 42223 1.37 SQUARE rFET (3.694 ACRES), MORE OR LESS.