HomeMy WebLinkAboutR-2008-204 Casa Beni Extension RESOLUTION NO. 2008-204
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A
FOURTH EXTENSION RELATING TO THE REQUEST FOR APPROVALS
SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON,
DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING
HOLLYWOOD INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06
GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-
06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06
GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-
06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS
PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON
THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND
NE 1sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 27, 2006, the City Commission approved the following requests for
variances:
1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use
residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28,
"Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations";
2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking
otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking
Requirements";
3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking
otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking
Requirements";
4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28,
"Zoning", Article 29, "Pervious and Impervious Requirements'; and
5) Variance to reduce required overall project parking by 26.3% (829 spaces required by
parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off
Street Parking Requirements";
for property owned by Hollywood Investments LLC, (the "Applicant'), pursuant to Resolution
2006-105, subject to conditions; and
WHEREAS, on June 27, 2006, the City Commission approved a Special Exception
request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use
residential/commercial development for the property, by Resolution 2006-106, subject to
conditions; and
WHEREAS, on June 27, 2006, the City Commission approved the vacation of a portion
of NE I" Avenue generally located between the Pirates' Inn and the former Fish Grill properties,
the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1'/z) foot
wide utility easement for property generally located on the north side of Dania Beach Boulevard
between US 1 and NE I't Court, pursuant to Resolution No. 2006-112 and legally described in
Exhibit "A" of that document, provided however, the vacation approval was not to become
effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of
the City Commission; and
WHEREAS, on June 27, 2006, the City Commission approved the site plan request for
the proposed construction of a mixed-use residential/commercial development with the
assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to
conditions; and
WHEREAS,on June 26,2007, pursuant to Resolution No. 2007-117, an extension of the
original approvals was granted until September 26, 2007; and
WHEREAS, on September 11, 2007, pursuant to Resolution No. 2007-154, a second
extension of the original approvals was granted until December 25, 2007; and
WHEREAS, on January 22, 2008, pursuant to Resolution No. 2008-019, a third
extension of the original a approvals was ranted until October 22, 2008; and
PP g
WHEREAS, Attorney David B. Mankuta, on behalf of the property owner, is requesting
a fourth extension of the approvals associated with the above described project relating to the
variance request, special exception use, vacation, and site plan until October 27, 2009;
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NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the requests to extend the expiration date of the approvals for the
variances, special exception use, vacation and site plan are approved until May 10, 2009, subject
to the applicant submitting complete plans in compliance with the 27 conditions previously listed
and subject to review by staff to determine if the building can be accommodated on the site.
Applicant shall appear before the Dania Beach CRA Board before May 10, 2009 to present its
conceptual building plans for Board review.
Section 2. That all such approvals are subject to the conditions previously approved
by the City Commission.
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 November 10, 2008.
ATTEST:
ALBERT C. JONES
LOUISE STILSON,CMC 0�pY1ARD s q�r MAYOR-COMMISS NER
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
BY: r arEv �y°°
THUMAS4. SBRO
CITY ATTORNEY
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