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HomeMy WebLinkAboutR-2011-147 - Approved request by Joan Leto Trust for a Third Extension to Site Plan (SP-41-08) RESOLUTION NO. 2011-147 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOAN LETO, TRUSTEE FOR THE PROPERTY OWNER,JOAN LETO TRUST FOR A THIRD EXTENSION TO THE APPROVED SITE PLAN (SP-41-08) GRANTED BY RESOLUTION 2008-190,AND FOR VARIANCE(VA-43-08)BY RESOLUTION 2008-189 AND FLEX ALLOCATION(LUF-42-08)GRANTED BY RESOLUTION 2008-188 ON OCTOBER 14, 2008, FOR PROPERTY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY'/4 MILE NORTHWEST OF THE 1-95 / STIRLING ROAD EXIT ON SW 19TH COURT IN THE CITY OF DANIA BEACH FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 14, 2008, pursuant to Resolution No. 2008-188, the City Commission approved a request for the assignment of 2.34 acres of industrial to commercial land use flex(LUF-42-08)to allow for the construction of a hotel on the property with an Industrial Land Use designation; and WHEREAS, on October 14, 2008, pursuant to Resolution No. 2008-189, the City Commission approved a variance request(VA-43-08)to allow the following: 1. To allow one (1) loading berth(Chapter 28, "Zoning", Article 6.22, "Off-Street Loading", required four(4)); and 2. To allow the building height to be six (6) stories / 55 feet (Chapter 28, "Zoning", Article 5.20, "Height Regulations", allowed a maximum of five (5) stories/62 foot height); and WHEREAS,on October 14,2008,the City Commission,pursuant to Resolution No.2008- 190,granted site plan approval for the proposed construction of a six(6)story, 130 room hotel to be located on the north side of Stirling Road approximately'/4 mile northwest of the 1-95/Stirling Road exit on SW 19`h Court (Townplace Suites) in the City of Dania Beach; and WHEREAS,On October 27,2009,the City Commission pursuant to Resolution 2009-199, granted the property owner,Joan Leto Trust,an extension of the approvals associated with the above described project until October 27, 2010; and WHEREAS,On November 9,2010,the City Commission pursuant to Resolution 2010-188, granted the property owner,Joan Leto Trust,an extension of the approvals associated with the above described project until November 8, 2011; and WHEREAS, Joan Leto, Trustee, representing the property owner, Joan Leto Trust, is requesting a third extension of the approvals associated with the above described project for two(2) years, until December 14, 2013; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date of the approvals from December 13,2011 to December 14,2013 for the site plan,variance and flex allocation requests are approved, subject to the conditions previously approved by the City Commission, in that the applicant must provide a copy of the recorded plat prior to issuance of a building permit and that all code violations must be resolved within three (3) months from the date appearing below. 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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 14, 2012. / �f;-- PATRICIA A. FLURY ATTEST: LOUISE STILSON, CMC CITY CLERK tNDAPPROVED AS TO CORRECTNESS: THOMAS J. ANSIBRO CITY ATTORNEY 2 RESOLUTION#2011-147 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 13, 2011 TO: Robert Baldwin, City Mana 7 j, VIA: Robert Daniels, Director FROM: Corinne La-Joie, AICP LEED Green Associate, Principal Planner p Y SUBJECT: LUF-42-08NA43-08/SP-41-08 Extension: The property owner, Joan Leto, Trust, is requesting a third extension of the previously approved assignment of flex, variance and site plan for the construction of a hotel located at SW 19 Court, Leto Park Plat (North of Stirling Road, north of the Valgard approved site plan). LAND USE FLEX: To allow the construction of a hotel on property with an Industrial Land Use designation. VARIANCE: 1. To allow one (1) loading berth; code requires four(4). 2. To allow the building height to be 6-stories; code allows a maximum of 5-stories. SITE PLAN: To allow.the construction of a 6-story, 130 room hotel. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Commercial (IROC) LAND USE DESIGNATION: Industrial OVERLAY DISTRICT: Westside Master Plan, Sub Area 1 — Griffin Road West The applicant received a conditional site plan approval with variances and flex allocation to construct a 6-story, 130 room hotel on October 14, 2008. The applicant was granted a one year extension for the previous approvals by the City Commission on October 27, 2009. A second one year extension was granted on November 9, 2010. At this time, the applicant is requesting another extension for a period of two years, extending the site plan to December 14, 2013. The applicant states that two parties are interested in purchasing the property, however, financing in this economic climate is a major challenge. The prospective buyers would develop the site in accordance with the previously approved site plan. The site has an active code violation related to the overgrown vegetation on site. The Westside Master Plan designates this site for commercial uses. The property is located in Flex Zone 83 and 2.34 acres of commercial use have been allocated with the approval of the hotel site plan. Therefore 30.61 acres remaining in this flex zone. PREVIOUS CITY COMMISSION ACTION On November 9, 2010, the City Commission granted a second extension for the site plan and associated flex and variance applications. On October 27, 2009, the City Commission granted a one year extension for the previous approvals by the City Commission on October 27, 2009. The original site plan, variances and flex allocation to construct a 6-story, 130 room hotel was approved on October 14, 2008. STAFF RECOMMENDATION Staff recommends continuance of this request until the code violation has been resolved. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-680S)3643 D Standard Development Application ❑ Administrative Variance OCT 2 e 200 ❑ Land Use Amendment ❑ Plat Planning ❑ Rezoning R ❑ S"fe Plan O Special Exception Petition No.: ❑.,/Variance, W Other: SITC PI-4A� '' ✓E-014WAM WATlWMESYilEMEON PAGES 3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH . ALL NECESARRY DOCUMENTS. Refer to the application type at the tap of this form and "Required Documentatllon"cheddist to determine the supplemental documents required with each application. For after the fact 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 Building Division. For more information please reference the Dania Bead Land Development Code Part 6,Development Review Procedures and Requirements. ration Address: s kt, J0 e l •—Am ed-4 t ot(s): Block- " Subdivision: LEfio /1.4 A Recorded Plat Name: i M PA A K Folio Number(s): 501 33 31 0011. Legal Description: Applicant/Consultant/Legal Representative(cdrde one) �- or' 5-f i R. i N a Z I Address of Applicant: 3+ �� lz A.. '��t 1 y tsrs G� , �U- � Business Telephone:13 jU 191-! Za Home: Fax:��'�N� ��`j ��q SZ E-mail address: JLC'MXA30SeMS4 e�(I-Cc' , .rJe-+ Name of Property Owner Address of Property Owner: 3 r oo XIr A.Lld6 /i+(-, /` !t wrr�d E"L 3.r0.t i, m Business Telephoned 5>� j�i-4$90Home• Fax:t'> $s9 0 �SZ Explanation of Request: 0'K rCr4S(' AI OF Sti-CP1,4W #-Wp Y2-©�j irk V-o8 For plats please pmvlde propased Plat Name for Varbaiew please aAWch C;tfiift SBA as per Seeft a 635.40 of We Land DoMt pment Cade. Prop.Net Acreage: Gross Acreage: N Prop. Square Footage: /oil. P S 6 Existing Use: Proposed Use: 1 of 4 Is property owned individually, by a corporation, association, or a joint venture? T'ILys T r �rvrJ�r,�c, AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made toe City qfi Dania Beach. If I/We are unable to be present,I/we hereby authorize (Individual/firm) to represent me/us In all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and Is not refundable. /we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval,or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach hand Development Code. STATE OF FLORIDA .-- COUNTY OF BROWARD By: The foregoing instrument (Ow ,/Agent signature*) was acknowledged BEFORE ME THIS DAY OF 20 i t _ ft. (Print name of person acknowledging) (]pint owner signaturei 11 plicable) `'o� 'Nx LE M.R���i/i n � !�.0�,R•,NAS310�i •.�/�ii Notary � o�Q�ah a,?o AV. LLd (Signature ofi Notary Public-- of aQ'V- `� ��• #EE Personally known _..(� or Produced Identlflcation '.�;a \ o`er f�f�fr1 1 oSU' Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owners . NO APPLICATION WILL BEAVTOMATICALL YSCHEDULED FOR A MEETING. ALL APPLICATTONS MUST BE DETERNMED COMPLEW 0YSTAFF BEFORE PROCESSING OCCURS. 2 of 4 CRITERIA STATEMENT Date: October 26, 2011 Owner: Joan Leto, Trust Extension Request : SP-41-08 LU -42-08 VA-43-08 To whom It May Concern: At this.,time we are requesting a two year extension for the above referenced approvals that we have obtained. We have two Hotel development companies, one local and one from out of state. Due to the economic situation the country is in, them only hindrance is obtaining financing which is continuing to be a difficulty across the country. We are hoping that we can finalize the projects in. a year but it is questionable since we are approaching an election year. By keeping the site q P . with status, once the financing is obtamed�they would be able to proceed � the project since the approvals have already been obtained for the site. This will be an advantage to the buyer and also an asset to the property for marketability for the project. S rely, Y gie to Applicant RESOLUTION NO.2010-188 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOAN LETO, TRUSTEE FOR THE PROPERTY OWNER JOAN LETO TRUST FOR A SECOND EXTENSION TO THE APPROVED SITE PLAN(SP-41-08)GRANTED BY RESOLUTION 2008-190;VARIANCE(VA-43-08)BY RESOLUTION 2008- 189 AND FLEX ALLOCATION(LUF-42-08)BY RESOLUTION 2008-188 ON OCTOBER 14,2008,FOR PROPERTY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY % MILE NORTHWEST OF THE 1-95 / STIRLING ROAD EXIT ON SW 19TH COURT, IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 14, 2008, pursuant to Resolution No. 2008-188, the City Commission approved a request for the assignment of 2.34 acres of industrial to commercial land use flex(LUF-42-08)to allow for the construction of a hotel on property with an Industrial Land Use designation;and WHEREAS, on October 14, 2008, pursuant to Resolution No. 2008-189, the City Commission approved a variance request(VA-43-08)to allow the following: 1. To allow one(1)loading berth(Chapter 28,"Zoning",Article 6.22,"Off-Street Loading", requires four(4)); 2. To allow the building height to be 6 stories/55 feet(Chapter 28,"Zoning",Article 5.20, "Height Regulations",allows a maximum of 5 stories/62 foot height);and WHEREAS,on October 14,2008,the City Commission,pursuant to Resolution No.2008- 190, granted site plan approval for the proposed construction of a 6 story, 130 room hotel to be located on the north side of Stirling Road approximately'/a mile northwest of the I-95/Stirling Road exit on SW 19a'Court,in the City of Dania Beach;and WHEREAS,On October 27,2009,the City Commission pursuant to Resolution 2009-199, granted the property owner,Joan Leto Trust,an extension of the approvals associated with the above described project until October 27,2010; and WHEREAS, Joan Leto, Trustee, representing the property owner, Joan Leto Trust, is requesting a second extension of the approvals associated with the above described project for two (2)years until October 24,2012; i i NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the request to extend the expiration date of the approvals from October 27,2010 to November 8,2011 for the site plan,variance and flex allocation requests are approved, subject to the condition previously approved by the City Commission that the applicant must provide a copy of the recorded plat prior to issuance of a building permit and that all code violations must be resolved within three months from the date appearing below. 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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 9,2010. a ,. c,t- ,(v C.K. McELYEA MAYOR-COMNIISSIONER ATTEST: F ILZITVU-SON,CMC CITY CLERK r; APPROVED AS TO ORM AND CORRECTNESS: THO SB CITY ATTORNEY 2 RESOLUTION#2010-188 i