HomeMy WebLinkAboutR-2012-116 - Issued Building Permits prior to the Plat Approval for Ravenswood Transit Falicity Plat (PL-19-12) RESOLUTION NO. 2012-116
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF BUILDING
PERMITS PRIOR TO THE PLAT APPROVAL FOR THE RAVENSWOOD
TRANSIT FACILITY PLAT (PL-19-12); PROVIDING FOR DEMOLITION OF
THE IMPROVEMENTS IF THE PLAT IS NOT RECORDED;PROVIDING FOR
RECORDING; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Broward County("County")is the owner of certain parcel of land known as the
Ravenswood Transit Facility Plat(PL-19-12)referred to in this Resolution as the"Plat"; a copy is
attached as Exhibit"A",and made a part of and incorporated into this Resolution by this reference;
and
WHEREAS,the County is in the process of obtaining Plat approval; and
WHEREAS,the County is desirous of obtaining building permits prior to the approval and
recordation of the Plat, so that County may construct the"Improvements"within the boundaries of
Plat; a copy is attached as Exhibit`B",and made a part of and incorporated into this Resolution by
this reference; and
WHEREAS, building permits may not ordinarily be issued for construction of such
improvements within the boundaries of the Plat,prior to the approval and recordation of the Plat;and
WHEREAS,Section 640-10(D),of the Land Development Code ofthe City of Dania Beach,
authorizes the City Commission to allow building permits to be issued for an essential governmental
facility after Plat application and where the City and County find that immediate construction of the
governmental facility is essential to the health, safety, or welfare of the public, and that public
facilities and services will be available at the adopted level of service concurrent with the impact of
the development of the governmental facility; and
WHEREAS, on September 11, 2012, the City Commission authorized the issuance of
building permits for construction of the improvements within the boundaries of the Plat,prior to Plat
approval and recordation; and
WHEREAS,the City Commission agrees that by an adoption of this Resolution,the County,
as owner of the Plat,will satisfy the requirements of the Broward County Land Development Code
with respect to constructing the improvements prior to plat recordation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. BUILDING PERMITS AND DEMOLITION SECURITY.
1.01 Building permits may be issued for construction of the improvements within the
boundaries of the Plat prior to the approval and recordation of the Plat and subject to
the following conditions to assure compliance with the City of Dania Beach Land
Development Code and the Broward County Land Use Plan:
a) No Certificate of Occupancy, which is complementary to the building
permits, shall be issued unless and until County shall record in the
Official Records of Broward County the Plat, which has been approved
by the Board;
b) In the event that the Plat is approved by the City Commission and should
the County fail to record the approved Plat within eighteen(18)months
of the date of approval,or otherwise allow the Plat to expire,any building
permits that have been issued shall be revoked, and County agrees that
any improvement constructed pursuant to such permits,shall be removed
within three(3)months of expiration of the Plat approval unless the Plat
is re-approved within three(3)months and recorded before expiration of
the new Plat approval. County shall receive a refund of any impact fees
paid for building permits where the Improvements are demolished; and
c) County agrees not to occupy the Improvements unless and until a
certificate of occupancy has been issued.
1.02 County assumed the risk associated with construction of the Improvements prior to
Plat approval and recordation. The issuance of the building permits before final Plat
approval and recordation shall not be considered as a grant of any vested right
whatsoever for the use, occupancy, or completion of the construction of
Improvements within the boundaries of the Plat. Furthermore, if the subsequently
approved Plat expires without the Plat being recorded,the County shall be required to
meet all land development regulations in effect at the time the new Plat is submitted
2 RESOLUTION#2012-116
and, in addition, the new Plat shall be subject to the concurrency determinations in
effect at the time of submittal of the new Plat.
1.03 In the event that County conveys,assigns, leases,or otherwise grants any interest in
the Plat to another party prior to completion of the Improvements described in
Exhibit `B", then County shall require such party to enter into an agreement and
deliver security, such as a cash bond or an irrevocable letter of credit, in a form
acceptable to the County, which guarantees the removal and demolition of all
improvements, if the Plat is not recorded within eighteen(18)months of the date of
approval by the Board.
Section 2. SEVERABILITY.
If any portion of this Resolution is determined by any Court to be invalid,the invalid portions
shall be stricken,and such striking shall not affect the validity of the remainder of this Resolution. If
any Court determines that this Resolution, or any portion of it, cannot be legally applied to any
individuals(s),group(s),entity(ies),property(ies),or circumstance(s), such determination shall not
affect the applicability to any other individual, group, entity,property or circumstance.
Section 3. RECORDING
This Resolution shall be recorded in the Public Records of Broward County and such
Resolution shall provide notice to any lessee or non-governmental developer of the County Property
of the agreements, representations, limitations, and restrictions set forth in it.
Section 4. CONFLICTS
That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the
extent of such conflict.
3 RESOLUTION#2012-116
Section 5. EFFECTIVE DATE.
This Resolution shall become effective immediately upon its passage adoption.
PASSED AND ADOPTED on September 11, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
p1tDI Ffft
APPROVED AS TO FORM AND CORRECTNESS:
Z6
THO J. SBRO
CITY ATTORNEY
4 RESOLUTION#2012-116
�S i�lC
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: September 11, 2012
TO: Robert Baldwin, City Manager
VIA: Marc LaFerrier, AICP, Direct,
FROM: Corinne Lajoie, AICP, LE Green Associate, Principal Planner
SUBJECT: The applicant, ACAI Associates, Inc., on behalf of Broward County
Board of County Commissioners, on behalf of Broward County Board
of County Commissioners, is requesting the issuance of building
permit prior to plat approval or the Ravenswood Transit Facility Plat
for the property located at 5440 Anglers Avenue.
PROPERTY INFORMATION
EXISTING ZONING: Commercial (C-4)
LAND USE DESIGNATION: Industrial
The subject property is located on the east side of Anglers Avenue, immediately north of
Tigertail Boulevard. The property is the current site of the Broward County bus facility. The
property will remain in operation throughout construction of the proposed improvements.
Section 640-10(D) of the City of Dania Beach, Land Development Code, authorizes the City
Commission to allow building permits to be issued for an essential governmental facility after
plat application, where the City and County find that immediate construction of the
governmental facility is essential to the health, safety, or welfare of the public and that public
facilities and services will be available at the adopted level of service concurrent with the
impact of the development of the governmental facility.
Do to funding requirements, the County is anticipating requesting a building permit prior to
plat approval and recordation in order to commence construction by January, 2013. Sixty
percent (60%) of the project funding is derived from American Recovery Reinvestment Act
(ARRA) funds where no extensions are permitted. These funds will be lost if the project is
not completed by December, 2014.
Broward County Commission approved allowing building permit to be issued prior to
recordation of the plat on August 21, 2012.
CITY COMMISSION PREVIOUS ACTION
On August 14, 2012 the City Commission approved the plat.
STAFF RECOMMENDATION
Approve the resolution allowing issuance of a building permit prior to recordation of the plat.
Return recorded document to:
� 1 cFN u 110959755
Planning and Environmental Regulation Division OR BK 4DD20 Pages 1512-1519
2 One North University Drive,Suite 102A RECORDED TM 1 iSSION
Plantation, FL 33324 DEPUTY CLERK 1924
3 #1,8 Pages
4 Document prepared by:
5 Malte Azcoitia,Deputy County Attorney
Broward County Attorneys Office
Suite 423,Governmental Center
6
115 South Andrews Avenue
7 Fort Lauderdale, FL 33301
8
9
RESOLUTION NO. 2012-460
_
A RESOLUTION OF THE BOARD OF COUNTY
10 COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
PROVIDING FOR THE ISSUANCE OF BUILDING
11 PERMITS PRIOR TO PLAT APPROVAL FOR THE
RAVENSWOOD TRANSIT FACILITY PLAT (010-MP-12);
12 PROVIDING FOR DEMOLITION OF THE IMPROVEMENTS
13 IF THE PLAT IS NOT RECORDED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR RECORDING; AND
14 PROVIDING FOR AN EFFECTIVE DATE.
15
16 WHEREAS, Broward County ("County") is the owner of a certain parcel of land,
17 described in Exhibit "A" attached hereto and known as the Ravenswood Transit Facility
18 Plat, Plat No./Clerks File No. 010-MP-12, hereinafter referred to as the "Plat"; and
19 WHEREAS, County is in the process of obtaining plat approval; and
20
21 WHEREAS, County is desirous of obtaining building permits prior to approval
22 and recordation of the Plat so that County may construct the "Improvements" set forth
23 within Exhibit "B"within the boundaries of said Plat; and
24
Approved BCC
Submitted By
RETURN TO DOCUMENT CONTROL
I
1 WHEREAS, building permits may not ordinarily be issued for construction of said
2 Improvements within the boundaries of the Plat, prior to the approval and recordation of
3 said Plat; and
4 WHEREAS, Section 5-187, Broward County Code of Ordinances, authorizes the
5
Board of County Commissioners, hereinafter referred to as "Board," to allow building
6
7 permits to be issued for an essential governmental facility after plat application, where
8 the Board finds that immediate construction of the governmental facility is essential to
9 the health, safety, or welfare of the public and that public facilities and service will be
10 bvailable at the adopted level of service concurrent with the impact of the development
11
of the governmental facility; and
12
13 WHEREAS, on August 21, 2012 the Board authorized the issuance of building
14 permits for construction of said Improvements within the boundaries of the Plat prior to
15 plat approval and recordation; and
16 WHEREAS, County states that by adoption of this Resolution, the County, as
17
owner of the Plat, hereby satisfies the requirements of the Broward County Land
18
19 Development Code with respect to constructing the Improvements prior to plat
20 recordation; NOW, THEREFORE,
21 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
22 BROWARD COUNTY, FLORIDA:
23
24
2
1 Section 1. BUILDING PERMITS AND DEMOLITION SECURITY.
2 1.01 Building permits may be issued for construction of the Improvements
3 within the boundaries of the Plat prior to the approval and recordation of said Plat,
4 subject to the following conditions to assure compliance with the Broward County Land
5
Use Plan:
6
7 (a) No certificate of occupancy, which is complementary to the building
g permits, shall be issued unless and until County shall record in the Official
9 Records of Broward County said Plat, which has been approved by the
10 + Board;
11
(B) In the event that the Plat is approved by the Board, should the County fail
12
13 to record the approved Plat within eighteen (18) months of the date of
14 approval, or otherwise allow the Plat to expire, any building permits that
15 have been issued shall be revoked, and County agrees that any
16 Improvements constructed pursuant to such permits shall be removed
17
within three (3) months of expiration of said Plat approval unless the Plat
18
19 is re-approved within three (3) months and recorded before expiration of
20 the new approval. County shall receive a refund any impact fees paid for
21 building permits where the Improvements are demolished; and
22 (c) County agrees not to occupy the Improvements unless and until a
23
certificate of occupancy has been issued.
24
3
1 1.02 County assumes the risks associated with constructing the Improvements
2 prior to Plat approval and recordation. The issuance of the building permits before final
3 Plat approval and recordation shall not be considered as a grant of any vested right
4 whatsoever for the use, occupancy, or completion of the construction of Improvements
5
within the boundaries of the Plat. Furthermore, if the subsequently approved Plat
6
7 expires without the Plat being recorded, County shall be- required to meet all land
g development regulations in effect at the time the new Plat is submitted and, in addition,
9 said new plat shall be subject to the concurrency determinations in effect at the time of
10 hubmittal of the new Plat.
11
1.03 In the event that County conveys, assigns, leases, or otherwise grants any
12
13 interest in the Plat to another party prior to completion of the Improvements described in
14 Exhibit "B," then County shall require such party to enter into an agreement and deliver
IS security, such as a cash bond or an irrevocable letter of credit, in a form acceptable to
16 the County, which guarantees the removal and demolition of all Improvements if the Plat
17
is not recorded within eighteen (18) months of the date of approval by the Board.
18
19 1.04 County personnel are directed to take such further action as is necessary
20 to ensure satisfaction of the obligations contained herein.
21 Section 2. SEVERABILITY.
22 If any portion of this Resolution is determined by any Court to be invalid, the
23
invalid portion shall be stricken, and such striking shall not affect the validity of the
24
ion. If an Court determines that this Resolution or an
remainder of this Reso€ut y y
4
I portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies),
2 property(ies), or circumstance(s), such determination shall not affect the applicability
3 hereof to any other individual, group, entity, property, or circumstance.
4 Section 3. RECORDING.
5
This Resolution shall be recorded in the public records of Broward County and
6
7 such Resolution shall provide notice to any lessee or non-govemmental developer of
8 the County Property of the agreements, representations, limitations, and restrictions set
9 forth herein.
10 a Section 4. EFFECTIVE DATE.
11
This Resolution shall become effective upon adoption.
12
13 ADOPTED this 215t day of August, 2012.
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22 MA/
23 05/16/12
#12-109
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L-
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1 EXHIBIT A
2 Lenal Description
3
4 The proposed plat'Ravenswood Transit Facility'more particularly described as follows:
5 L07Y/ThN SH/Z, BLOCK 8;LOTS/ Ti9p70WY X, BLOCK/,•LOTS/77W"N 5 AND 16 MWOH
A BLOCK Z,•AAV,COTS l TH owhr 5 AAA 14 rYPOWAP/7. BLOCK 1;
6 TOGE77i-R wry WHAT POIR77AN Or WAWIELD AloLrME L YIW AAMCFNT THERETO, 7NAT PORnow OF
or S cow STREET L Yhw ADJACENT 77Izwro:Aw 7NAT PoR;7ON OF RIDGE A WME L WAV
7 ADJACENT THERETO,ALL /N ihv/T NO. /, HIMAW PAAW AS RECORDED/N PU r BOW IZ, PACE/,
OF ME PMfC RECOWS OF BROWARD COUVTY, FLORIDA.
8 SAID LANDS sInIA NIN THE CITY OFDAN/A BEACH,, BROWARO CO&ffr, FLORIDA, CavrAWNS 411,897
9 SOMW FEET, a/ 9.456 ACRES, MBE'OR LESS
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13
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15
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1 EXHIBIT"B"
2 Improvements
3
4 250,000 square feet of Public Transit Facility
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10
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15
16
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24.
7
c
STATE OF FLORIDA )
SS
COUNTY OF BROWARD
C )
I, Bertha Henry, County Administrator, in and for Broward County, Florida,
and Ex-Officio Clerk of the Board of County Commissioners of, said County, DO
HEREBY CERTIFY that the above and foregoing is a true and correct copy of
Resolution 2012-460 as the same appears of record in the minutes of a said meeting of
said Board of County Commissioners held on the 21s'day of August, 2012.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
this 21at day of August, 2012.
C.atiti�e�il�0+M At
ell�i�f��r
..••'' S W. Bertha Henry
'' :' ••'�p� COUNTY ADMINISTRATOR
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