HomeMy WebLinkAboutR-2010-070 AA-17-10 Park n Go 1 RESOLUTION NO. 2010-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE REQUEST FOR AN ADMINISTRATIVE
APPEAL SUBMITTED BY RICHARD G. COKER, JR., WITH THE FIRM OF
COKER & FEINER, REPRESENTING THE STILES CORPORATION FOR
PROPERTY ZONED"PEDD"AND LOCATED AT 1101 ELLER DRIVE,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 that there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of this chapter; and
WHEREAS, the applicant, Richard G. Coker, Jr., with the firm of Coker & Feiner,
representing the Stiles Corporation for property located at 1101 Eller Drive, Dania Beach, has
requested an appeal of the administrative decision regarding the use of a "parking lot' in the Port
Everglades Development District("PEDD") Zoning District; and
WHEREAS,the applicant believes the use of a"parking lot'falls within the definition of a
"parking garage" and, is therefore, a permitted use in the Port Everglades Development District
(PEDD)Zoning District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application AA-17-10 submitted by Richard G. Coker, Jr.,
with the firm of Coker and Feiner, dated April 5, 2010, for an administrative appeal to allow a
"parking lot"use within the PEDD Zoning District, a copy of which is attached and made a part of
this Resolution as Exhibit "A", is approved.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on May 11, 2010.
Cit. Mc EA
MAYOR-COMMISSIONER
ATTEST: e��APo's FIRs),
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LOUISE STILSON, CMC
CITY CLERK
APPROVED A 4Fr AND CORREC SS:
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THOU A AN§BlkvO
CITY ATTORNEY
2 RESOLUTION#2010-070
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City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
' (954)924-6805 X3643
General Development Application J� ,
❑ Administrative Variance ® r ' I
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat APR If 7010 n I I
❑ Plat Delegation Request
❑ Rezoning Plann V Re d: 71
❑ Site Plan De part U} o'
❑ Special Exception [kM 11
❑ Trafficway Waiver r
❑ Variance
❑ Roadway Vacation
0 Other: ' Appeal of Administrative decision
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: 1101 Eller Drive
Lot(s): Block: Subdivision:
Recorded Plat Name: _Phillips Industrial Park Plat PB 175. pg. 21
Folio Number(s): 0223-29_0113012 Legal Description: See Plat
Appl icant/Consu lta rrtLLegaLRe presentative (circle one)-_ Sti.les Corporation
Address of Applicant: 300 SE 2nd Street , loth Floor, Ft. Lauderdale, FL 33301
Business Telephone: 954-627-9300 Home: _.___ Fax: 954-627-9288
Name of Property Owner: Port Property, Ltd.
300 SE 2 Street, loth Floor, Ft. Lauderdale, FL 33301
Address of Property Owner:
Business Telephone: 954-627_9300 Home: Fax: 954-627-9288
Explanation of Request: _ See attached
For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per
Article 10.13 of Chapter 18, Zoning Code,
Prop. Net Acreage: 7.84 Gross Acreage: Prop. Square Footage: 341,666
Existing Use: Parking Lot Proposed Use: Parking Lot
Is property owned individually, by a corporation, or a joint venture? Limited Partnership
I understand that site plan and variance approval automatically expires within 12
months of City Commission approval, pursuant to Ordinance No. 2005-040.
Applicant/Owner signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultan pr at} e:
This�day of APri l_ 2011)
Signature:
Date: `t o ---- ..
Sign Name f Notary Public (Print Name"
State of( /0/ C1� )
PQb-i cia 0ler ,w _ 3oo s F )'og �i LAA Q
Print Name of Notary Street Address, City, State and Zip Code 5360G1
Commission Expires: (0 ` 95 mot-` Loa`s 9542�)
Seal: NOTARY PUBIX-STATE OF FLORIDA Telephone No. & Fax No. .
Patricia Clements
•� Commission#DD667554
`•"Ov Expires: JUNE 14,2011
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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/Consultant/Representative) 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.
Sworn to and subscribed before me Corporation Name:
This_ day of 20__,_
Signature:
Date:
(Print Name')
Sign Name of Notary Public (Print Title)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
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 application.
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.
1101 ELLER DRIVE
EXPLANATION OF ADMINISTRATIVE INTERPRETATION APPEAL
The property in question is within the Port Everglades Development District (PEDD). A
portion of the property is currently being used as parking lot for cruise passengers in what is
generally referred to as a"Park n' Go" facility which is identical to a "Park n' Fly" facility. The
owner is going through the permitting process for an additional parking lot and an issue has been
raised regarding the permitted uses with the PEDD.
PEDD includes a"parking garage"as apermitted use. The applicant believes that a"parking
lot"is included within the more intense"parking garage"use. The applicant's attorney has set forth
its rationale in detail in a letter to the City Attorney dated April 5, 2010, a copy of which is attached
hereto. The Community Development Director has concluded that the language in the PEDD is not
clear enough for him to conclude that a parking lot is a permitted use and that it would be appropriate
for this interpretation to be made by the City Commission. The appropriate mechanism to bring this
matter to the Commission is through an appeal of a decision by the Community Development
Director.
Law Offices
COKER & FEINER
1404 South Andrews Avenue
Fort Lauderdale, FL 333 16-1 840
Telephone: (954) 761-3636 Richard G. Coker, Jr„ P..4,
Facsimile: (954) 761-1818 Rod A. Feiner
VIA EMAIL AND G.S. MAIL
April 5, 2010
Tom Ansbro, Esquire
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Re: Park n' Go Facility at 1101 Eller Drive
Dear Mr. Ansbro:
As you know, I represent Stiles Corporation,the representative of the owner of the property located
at 1101 Eller Drive. Also,as you know, a portion of the property is currently being used as Park n'
Go parking lot facility with the balance of the property currently in the permit process for the same
use. This parking facility serves mainly cruise passengers which, as you know, is a huge part of the
Port's business. The property is within the Port Everglades Development District (PEDD).
In conjunction with the permitting of the second phase of the Park n' Go facility, an issue has been
raised by the City staff concerning whether or not the"parking lot"use is a permitted use within the
PEDD district. PEDD permits a"parking garage"but does not specifically mention a"parking lot"
as a primary permitted use although several of the listed permitted uses by their nature contain large
primary parking lots such as"car rental agencies". The City staff has initially determined that only
a "parking garage" is a permitted and that a "parking lot" is not a permitted use. However, we
believe that this initial determination is too narrow a reading of the PEDD and that a parking lot is
in fact a permitted use. Please consider the following analysis.
Parking Lot is a Subset of ParkingGaraae.
A parking garage in nothing more than a parking lot for the temporary storage of vehicles that may
have more than one floor or level of parking with parking ramps etc.. A parking garage generally
has two or more levels of parking lots. As a matter of code interpretation, a parking lot would
necessarily be included within the "use" of a parking garage because a parking garage is a more
intense form of a parking lot. Of course,the reverse logic would not be true. If a"parking lot"was
listed as a permitted use, a "parking garage" would not be permitted because it represents a more
intense version of the permitted use. In this case, a"parking lot"is the same use but a less intense
version as the as the listed "parking garage".
The"Purpose" section of the PEDD dictates that the Permitted Uses be construed in order to
support the Port as a Major Regional Faciliri
Section 15,10 of the PEDD district states the purpose of the district in connection of the permitted
uses as follows: "The uses and standards allowed within this district recognize the need to
accommodate the use of the land within Port Everglades which is a major regional facility essential
to the continued economic vitality of the cities and the county". Given this "purpose"declaration,
the listed permitted uses should be interpreted liberally to achieve this purpose. A parking lot
servicing the cruise industry is exactly the kind of use targeted.
The 2006 Plat Vote Amendment Application Acknowledged that a Park n' Go Facility was to
be Constructed on the Property.
In 2006,engineers for the owner processed and obtained approval for a plat note amendment to allow
for a park n' go parking facility. The plat was amended to permit industrial and office use from
warehouse and office use with the following notes from the Planning Council'
Information submitted for review with this application indicates that the intend use
of the plat is for port-related industrial and offices, including a"park n' fly" facility
and fuel storage tank farm. The proposed use is in compliance with the permitted
uses of the effective land use plan.
The application for the plat note amendment specifically listed the park n' fly facility and the City,
through its Director of the Department of Community Development, Larry Leeds, determined that
the plat note amendment application was consistent with the City Code, Mr. Leeds made this
determination after reviewingthe application with the specific reference to the'-park n' fly"facility.
PP P
N/fr. Leeds' determination of consistency was not wrong. It reflected his reasonable and consistent
interpretation of the PEDD code. For your ease of reference I am attaching a copy of the County
Staff Report for the plat note amendment with all applicable attachments.
The City has permitted at least one other Park n' Fly parking lot within the PEDD District.
The City has been consistent in its interpretation of the PEDD to permit a parking lot facility. There
is another parking lot facility in Dania Beach in the PEDD that has been approved by the City. This
facility is located at 2200 NE 7 Avenue. I am attaching two aerials showing the entire existing
facility.
We appreciate the fact that the City staff and your office have been and are supportive of this use and
that you have expressed a willingness to cooperate with amendments to the PEDD to specifically
designate a "parking lot" as a permitted use. However, for the reasons stated above, we have
concluded that a parking lot used as a`-Park n' Ride" facility is already permitted with the PEDD
We would very much appreciate your additional review of this matter and the expeditious review
of the pending permit application.
Thank you for your continued cooperation in this matter.
Very truly yours,
RICHARD G. COKE9, YR.
For the Firm
cc: Bob Daniels, Director of Community Development
Robert Baldwin, City Manager
RGC: