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Home My WebLink AboutO-2007-022 - Approving the request made by attorney Keith Poliakoff with the Law Firm of Becker & Poliakoff ORDINANCE NO. 2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "STIRLING ROAD PLAZA PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Stirling Road Plaza Plat" (PL-36-07), such property being generally located at the northeast comer of Stirling Road and Southwest 18`h Street, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the "Stirling Road Plaza Plat", is accepted by the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on September 11, 2007. PASSED AND ADOPTED on second reading on September 25, 2007. B NT MAYOR—C MMISSIONER ATTEST: LOUISE STILSON. CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS: BY: TH MA . AN BRO CITY ATTORNEY 2 ORDINANCE#2007-022 EXHIBIT "A" - "STIRLING ROAD PLAZA PLAT" LEGAL DESCRIPTION A Portion of the West '/2 (W %) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 See East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West '/z (W %) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) 3 ORDINANCE#2007-022 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ --AsslgnmentafPlex/ReserveUnits ___._...--------- OfLand Use Amendment Plat ❑ Plat Delegation Request )❑ Rezoning ' 9 J Date Rec'd: ❑ Site Plan p Cl Special Exception JUV 1 1200I Petition No.: �,-O`1 ❑ Special Request ❑ Trafficway Waiver p ❑ Variance ❑ Vacation Request L- .- r"r C137£jat ❑ 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: Lot(s): Block: Subdlvislon; Recorded Plat Name: Folio Number(s):504233000630 Legal Descriptlon;33-50-42 W 1/2 of SW 1/4 of SW 1/4 of SE 1/4 Less PT IN OR 3760/15 and Less revised Stirling Road R/W Applicant/Consultant/Legal Representative (circle one) Keith M. Poliakoff, Esq . Address of Applicant:3111 Stirling Road Fort Lauderdale FL 33312 Business Telephone: 954-985-4183 Home: Fax: 954-985-4176 Name of Property Owner: Oakbrook Realty & Invest, .LLC Address of Property Owner: 1000 Royce Blvd., Oakbrook Terrace, IL 60181 Business Telephone: 305-692-9992 Home: Fax: 305-692-3032 Explanation of Request: Please see attached. _ Prop. Net Acreage: Gross Acreage: 1.74 Prop. Square Footage: 16,000 Existing Use: Vacant Proposed Use: Retail Is property owned Individually, by a corporation, or a joint venture? corporation Aunderst d that site plan and variance approval automatically expires within 12 issionapproval ursuantto Ordinance No. 2005-040. wrier signature Prin Name Date AppLICANI,QQjV51L4[ANTa._QR_LEGAL REPRESENTATIVE NOTARIZED SIGNATURE_^_, Sworn to and subscribed before me Applicant/Consultant/Representative: This 4 _day of �/m 20-q a Signature: Data:_TZ71s 7 Sign Name BBWR (Flint Name) State of(_• FIE Keith M. Poliakoff, Esq. TM"°rF^ MMMS Becker&Poliakoff, P,A. 3111 Stirling Road Print Name of Notary Fort Lauderdale,FL 33312 Phone: (954)985-4183 Fax: (954) 985-6814 Commission Expires: 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 (Applicant/ConsultanVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This. day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me Corporation Name: OAKBROOK REAL7 & INVESTMENTS, LLC This_L-day of 20 02 Signature: Date: C L ,Sr (Print Name) ign Name of Notary Public (Print Title) State of(aOXC[ 4) c� PrjKt Name of Notary Street Address, City, State and Zip Code s Janet S.�7Wffhlfd Rica C ��_ Se Expires November 21 20W Telephone No. & Fax No. 9uMM Tq F�In•M�urs,Mw 80?7161OtY 1 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid appllcatlon. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. Einerafu :e corporate rarK 3111 Stirling Road / - Fort Lauderdale,Florida 33312-6525 BEC.KER & I Phone: (954)987-7550 Fax: (954) 985-4176 P`'LEIAK xFF US Toll Free: (800)432-7712 V V 1 Mailing Address: P.O.Box 9057 Ft.Lauderdale,FL 33310-9057 ADMINISTRATIVE OFFICE C Reply To: 3111 STIRLING ROAD June 11, 2007 ,�� Fort Lauderdale FORT IAUDI RDALE,EL 33312 Nell M. Schiller, Esq. 900.43=771:U.S.TOLL FREE J ulv 12007 Direct dial: (954)985-4117 WVAN.BFCKfR-POLIAKOiRCOM N Schiller@bee ker-polia koff.c o m I BP@5ECKER-POLIAKOFECOM i BY HAND Ms. Corinne Church The City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Land Use and Plat Applications for folio #504233000630 Dear Ms. Church: FLORIDA OFFICES BOCA RATON I am pleased to present a land use amendment and plat applications for the FORT MYERS property that corresponds to folio #504233000630, located in Dania Beach, FORT WALTON BEACH Florida. Included in our application is the following: HOLLYWOOD NOMESTEAD a Dania Beach General Development Application—Completed LARGO • Narrative that supports the application MFLBONRNE• • Necessary traffic studies (Sections F — Transportation and G — Mass MIAMI Transit) NAPLES • A copy of a water— wastewater request from the City ORLANDO • Broward County Environmental Protection Department (EPD) wetlands SARASOTA letter TALIAHA4FE • ALTA/ACSM Land Title Survey 'NEST PALM BEACH • Proposed plat pages for the property •AFFILIATED OFFICES Conceptual site plan for the property BEI„NG • Opinion of Title for the property IRAN.FI,RT • Check #11064 totaling $5,065.00 for the land use amendment application FEW'NNK fee ;o""E • Check #11065 totaling $3,192.50 for the plat application fee TEL AVIV „;y Please contact me if you have any questions or require more information. We look forward to working with you on this very exciting project. LEGALAND BUSINESS STRATEGISTS YC—E1S 0,CONSNLEGIS AN.NTEPNATIONAL ASSOTIATIHN OF LA'N FIPMB..NETW OMN Of LEA0I116 IAW FIRMS CITY OF D A N I A BEACH ,-- i,(t � �1 PROJECT SUMMARY �uN i N07 for FRONTIER DEVELOPMENT BACKGROUND The subject property encompasses 1.74 acres and is located on the northeast comer of Stirling Road and Southwest 18 Street in Dania Beach. There are no improvements on the property, which consists mainly of trees. The land use of the property is"Parks and Recreation" and the zoning of the property is `Broward County Agriculture -I" (A-1). The property is not platted. REQUEST ` The Applicant seeks to develop the property into a 17,000 square-foot retail facility. In order to do this, the Applicant must plat the property, change the land use to "Commercial" and rezone the property to Commercial-2 (C-2). JUSTIFICATION STATEMENT The commercial real estate market in South Florida continues to remain active, despite"the residential market's cooling. The University of Florida Bergstrom Center for Real Estate Studies released its first quarter Survey of Emerging Market Conditions, which indicated that, "cap rates are expected to rise for strip centers," and the survey identified strip centers as the type of property receiving the most attention from investors.' Further, real estate expert Lewis Goodkin wrote, "for the first time in Florida history, residential developers had outbid the commercial sector for prime parcels. Now, the state's healthy job market and a shortage of new commercial construction are spurring a commercial construction boom in many markets."Z The subject property has not been developed despite the number of trees that are located on the property. There has been a substantial change in the area since the subject property was initially zoned and classified for land use. The area's largest commercial center, Oakwood Shopping Center, was developed in 1988, almost twenty years ago. The parcel directly west of the property has a drive-through fast-food restaurant operating on it and the parcel directly east of the property has an industrial use. The highest and best use for the property would not be agriculture as it is too small to pursue that activity, nor would a park be the highest and best use as there are no residents in a reasonable proximity to the property. The proposed commercial use the Applicant seeks would not only be compatible with the existing surrounding land uses, but would be the highest and best use for the property. http://www.cba.u fl,edtdfire/docs/CRE S/survey/mkt_browardcounty.pdf 1 http://www.floridatrend.com/article.asp?alD=1891246.8141583.593541.1613271.4596033.482&aID2=45648&pare ntID=45645 PROPOSED DEVELOPMENT The Applicant seeks to build a two-story, 17,000 square-foot retail facility. It is envisioned that the first floor would consist of retail space and the second floor would consist of office space. Access to the retail center would be from Southwest 18'h Street, so as to not disrupt traffic on Stirling Road. Ms. Corinne Church June 11, 2007 Page 2 Best regar Neil M. Schiller Attachments FfL DB'. 10540151