Loading...
HomeMy WebLinkAboutR-2006-133 Valguard Special Exception RESOLUTION NO. 2006-133 A RESOLUTION OF THE CITY OF DANIA,BEACH, FLORIDA,APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT, (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), DANIA BEACH; FOR A SPECIAL EXCEPTION TO ALLOW A SELF-STORAGE USE IN AN "IROM" ZONING DISTRICT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Zoning Code, Chapter 28, "Zoning", Article 18 "Industrial Research Office Marine", Section 18.40 provides that a storage warehouse is allowed in the IROM (Industrial Research Office Marine) zoning district as a special exception use; and WHEREAS,Bonnie Miskel,Esq.,with the law firm of Ruden,McClosky, Smith, Schuster & Russell, P.A., representing Gary Heldenmuth, owner of Stirling Shell, LLC. has applied for approval to allow self-storage as a special exception use in an"IROM"zoning district, for property located at the NW corner of Stirling Road and (Unimproved) SW 19t" Court (the north side of Stirling Road west of 1-95), Dania Beach; and WHEREAS, the Planning & Zoning Board on July 19, 2006 recommended that the City Commission grant the special exception request (SE-23-06), subject to conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application SE-23-06 filed by the applicant as identified above, for a Special Exception to allow a self storage use within the IROM zoning district, a copy of which • application is attached and made a part of this Resolution as Exhibit "A", for property generally located at the NW corner of Stirling Road and (Unimproved) SW 19t" Court (on the north side of Stirling Road west of I-95), Dania Beach is approved, subject to the following conditions: 1. High-parking demand retail uses(restaurant,convenience store, salon,medical office,bank, etc.)prohibited. 2. Compliance with Fire-Marshall requirements (included in backup). 3. Compliance with City Landscape Consultant landscape/tree requirements: a) Preservation of four Live Oak trees,three Gumbo Limbo trees,and two Strangler Fig trees. b) Relocation of one Live Oak on-site. c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation;payment of$3,000 into the Tree Preservation Trust Fund. e) Adding 7 new trees (Minimum 14' high, 8' canopy, and 3"caliper) for a total of 45 • new trees. f) Posting$78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded 1 year after inspection (Certificate of Occupancy)if all the trees are still healthy and well maintained. If the trees are dead or dying they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for sidewalk construction, including 2%pervious area waiver. Installation of sidewalk prior to issuance of a CO. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by the Public Services Director. 6. Four palm trees(20 foot starting height)to be planted between the north lot line and the rear of the building. 7. Extend screen wall to building (parallel to north lot line). 8. Installation of water pipe within utility easement to north lot line. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are 2 RESOLUTION#2006-133 • repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 8, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: )�- LOUISE STILSON, CMC CITY CLERK APPROVED AS TO O AND CORRECTNESS: BY: r I 1 TIIJOM S'J.i&MBRO CITY ATTORNEY • 3 RESOLUTION#2006-133 CITY OF DANIA BEACH Agenda Item # 9. Agenda Request Database Date of Commission Meeting: 8/8/2006 Adopt Resolution ® Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation yyrnrn❑ Continued from: Ft�qu �ed'sAC�on � (Ictenfi -�A.>Propr�at� ct�n� t►an ����x, �T "� ��» �`ft���$�„.6��gy� f� � �; a��� "��d r �, xx `��� °�' `�� . SE-23-06-VALGUARD-RESOLUTION NO.2006-133-A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL,OF THE LAW FIRM OF RUDEN,MCCLOSKY,SMITH,SCHUSTER&RUSSELL,P.A.,REPRESENTING GARY HELDENMUTH,OWNER STIRLING SHELL,LLC,FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND(UNIMPROVED)SW 19TH COURT,(ON THE NORTH SIDE OF STIRLING ROAD WEST OF 1-95),DANIA BEACH;FOR A SPECIAL EXCEPTION TO ALLOW A SELF-STORAGE USE IN AN"IROM"ZONING DISTRICT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. "�,5�; � �$°�� � �?,�fi,&�?.Fxr.:4"»�.F�'�^y^s,�,t�+n 7 e�*'.�:'rg'a'?i`%"r�3`�?�N�'�X`yt"�.a as `�v.�y `,F%`p �"4'S1% "i*�`�" „ '� ' '.#L°,` 9✓��.,7 .�,��, 7dFm,+°�'J-1:"ng 9�C�a"�✓e»+ r �a �$'.my �9V�y��r�i�4s,�.�j Il�,�®e�i1�..�f� �� �'.'r1�r s`f'k�tf�X .�5 ,; 4 H�1"��"yrvd,� t��tb-v�^;.`F"s.' ��,.��.p�,���s ��l n�✓r' ��.. a g •,�� � ��s,}�i�ZsF e'y,�` t�i���rY ns^��Y� i�t Aation�CGQY7�1nllshe8 3 ,z rfiX a a ��' 5 .su,,:,,,..a>.'.aa.G�.s.a.:...'G..»uv.'..«` .r.+».:,r >«..s,.,e.,z.,,u-..a...e..«,.u..a,w, .,«. «...a«z:w,ao„».,«.��. - ,..,...,:.....,...',,', 'K'a.,c"rc» `�.' '{ s:;: ia ,':•�a�t,..�,e..vv.w«sr, >av�-..,�...,#t <'s;� s t Purchasing Requests ONLY ?' . ., �v...s.- # fi Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanationlBackground All SE-23-06- Valguard - Request submitted by Bonnie Miskel, Ruden McClosky representing Gary Heldenmuth, owner Stirling Shell, LLC, for property located NW Corner of Stirling Road and (unimproved)SW 19th Court - located on the north side of Stirling Road West of 1-95. Request to allow self-storage as a special exception use in an "IROM" zoning district. (Chapter 28, Zoning, Article 18, IROM, Section 18.40(e) Special Exception Uses) Fiscal Imact/Cost Summary' ,g s gr ,.,,,..az..,,x ...Fat,•.,s.�f ManyrMM �",�'a w/R +�P✓�� {{'�L�PM 4 .f k d t �t Sx. •a£'' b.j'. dff Y} d 3' F ^r- i„giq � tie6""``r-^= ::�v..s..,3�n.'5�..,��.&�"�.,vr,. �..-ans ::.i�saz,� 'w�s'>• 9.s� 's.N 3 ..w�. zs p;.,' �r �%` �i �� � ry .,°�2 aw..�'..�:,�ms elua1 �raas £.fia.-rnx:.;.w1..earsuw ��.8`rasrsz Resolution (Exhibit 1) Staff Report Application Special Exception Justification Public Hearing Notice (Exhibit 2) (Backup attached to Site Plan SP-22-06) Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 s .,.,,..t. ,.,.._,�',.ry._,a a,. .'...n. �x ";��,a .rx..,us s_,,�.W.... .�� - .,,.., ... €J.<..,.,_��..,as�'�.. .....,.,�tt�is'.,cf.__t,,..»,.. .Q.....i....v,.«... ��:�•�,r,.y�'; Submitted by Larry Leeds Date Department Director Larry Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ • RESOLUTION NO. 2006-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN, MCCLOSKY, . SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT, (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), DANIA BEACH; FOR A SPECIAL EXCEPTION TO ALLOW A SELF-STORAGE USE IN AN "IROM" ZONING DISTRICT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Zoning Code, Chapter 28, "Zoning", Article 18 "Industrial Research Office Marine", Section 18.40 provides that a storage warehouse is allowed in the IROM (Industrial Research Office Marine) zoning district as a special exception use; and WHEREAS,Bonnie Miskel, Esq.,with the law firm of Ruden,McClosky, Smith, Schuster & Russell, P.A., representing Gary Heldenmuth, owner of Stirling Shell, LLC. has applied for • approval to allow self-storage as a special exception use in an"IROM"zoningdistrict for property p p Y located at the NW corner of Stirling Road and (Unimproved) SW 19`h Court (the north side of Stirling Road west of I-95), Dania Beach; and WHEREAS, the Planning & Zoning Board on July 19, 2006 recommended that the City Commission grant the special exception request (SE-23-06), subject to conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application SE-23-06 filed by the applicant as identified above, • for a Special Exception to allow a self storage use within the IROM zoning district, a copy of which application is attached and made a part of this Resolution as Exhibit "A", for property generally located at the NW corner of Stirling Road and (Unimproved) SW I9`h Court (on the north side of Stirling Road west of I-95), Dania Beach is approved, subject to the following conditions: 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 , 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY • 2 RESOLUTION 42006-133 CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 8, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C- Corinne Lajoie, AICP, Principal PlannerC� SU63ECT: VALGARD SELF-STORAGE: DR-20-06/RZ-21-06/5E-23- 06/VA-24-06/SP-22-06: The applicant, Bonnie L. Miskel, on behalf of the property owner, is requesting a plat delegation, rezoning, special exception, variance, waiver and site plan approval for the construction of a self storage warehouse located at on Stirling Road, just west of Interstate 95 (REZONING 2nd READING). Delegation Request • To change the note on plat from "This plat is restricted to 12,000 square feet of commercial use"to "This plat is restricted to 96,872 square feet of self storage use and 3,473 square feet of retail use': Rezoning (2"d Reading) To change the zoning from Industrial, Research, Office, Commercial (IROC) to Industrial, Research, Office, Marine (IROM). Special Exception To allow a 5 story, 101,953 square foot self-storage/retail building. Waiver To allow 28% pervious area; code requires 30%. Variance 1. To provide 26 self-storage parking spaces provided; code requires 122 parking spaces. • 2. To provide 15.5 foot rear setback required; code requires 28 feet. 3. To provide a varying front yard landscape bugger (1 — 10 feet); • code requires a minimum 10 foot landscape buffer. Site Plan To allow the construction of a 5 story, 101,953 square foot self- storage/retail building. Property Information ZONING: Industrial, Research, Office Commercial (IROC) LAND USE DESIGNATION: Industrial OVER LAY DISTRICT: Principal Arterial Commercial Design . Standard Overlay District. The proposed building is a 5 story, self storage/retail building located on Stirling Road west of Interstate 95 on the north side of the road. The property is approximately 1.4 acres and is currently vacant. Delegation Request • The current note on the plat restricts the property to 12,000 square feet of commercial use. The applicant is proposing to change the note on the plat to allow 96,872 square feet of self storage and 3,473 square feet of retail use to allow for the proposed development. Rezoning (2"d Reacting) Currently the property is zoned IROC, which does not allow storage as a permitted use. The applicant is proposing to change the zoning to IROM that allows storage as a special exception use. Special Exception The IROM zoning district allows storage as a special exception use to ensure the impact of the proposed development is not detrimental to surrounding properties. The applicant is proposing to construct a 5 story, 101,953 square foot self-storage/retail building. • As stated in the applicant's written justification statement, the fagade of the proposed building is designed to resemble an office building, providing visual interest in an otherwise flat building fagade. The surrounding uses are industrial, consistent with the proposed use of storage/retail, no residential is near the subject property. In addition, the property is located near Interstate 95, railroad tracks and Stirling Road, making the proposed use compatible with the area. Waiver The dedication of 5 feet along the east property line for a future sidewalk reduces the pervious area by 2%, resulting in a 28% pervious area; 30% is required. !Variance 1. To provide 26 self-storage parking spaces provided; code requires 122 parking spaces. The City of Dania Beach's Zoning Code does not have a parking requirement for self-storage, so the requirement for warehouse is used, which requires one parking space per 800 square feet. • Applicant shows one space per each 3,800 sq. ft. of floor area. This falls within the range of other cities for self storage uses; one parking space per 2,000 to 5,000 square feet of floor area. Storage Mart (Griffin Road) was granted a variance to allow one space/2,400 square feet. Usually only about 1/2 of the Storage Marking parking is ever used. Based on Storage Mart usage patterns and the ability to share retail parking (14 spaces), the variance seems reasonable. This is based on prohibiting high-demand retail uses (restaurant, convenience store, salon, medical office, bank, etc.). 2. To provide 15.5 foot rear setback required; code requires 28 feet. The project's rear yard abuts industrially zoned property. 3. To provide a one foot landscape buffer at south property line; code requires a 10 foot landscape buffer. The turn lane, required by Broward County as shown on the plat, reduces the landscape buffer along Stirling Road. • The applicant is providing a 2 foot landscaped vehicle overhang that, when combined with the 1 foot landscape buffer provided at the narrowest point, results in 3 feet of landscaping. For the most part however, 3 - 10 feet of landscaping is provided along Stirling Road. Site Plan The applicant is proposes to a 5 story (60 foot tall) building. The building will consist of storage and retail uses. The site plan occupies the front 250 feet of the Leto Park Plat, which extends another 700 feet north. In 1982, the City Commission approved the Leto Park Plat with a 30 foot right-of-way (SW 19th Court) along the east lot line. The 30 foot dedication was intended to provide access to the rear portion of the property. However, the dedication roadway is to narrow to construct a typical public roadway with sidewalks. To assure sufficient access to the land to north of Valgard, staff consulted with the Public Services Director and City Attorney. It was agreed to require the installation of a 24 foot wide driveway within the 30 foot right-of-way. To. allow for future sidewalk access to the remainder of the Leto Park Plat, staff is requested Valgard dedicate an additional five feet of property for future sidewalk construction. The dedication would require no site plan changes other than a 2% pervious area waiver. • CITY COMMISSION PREVIOUS ACTION On July 25, 2006 the City Commission recommended approval of the first reading of the rezoning. PLANNING AND ZONING BOARD RECOMMENDATION July 19, 2006 the Planning & Zoning Board recommended the following: Delegation Request: Approval. Rezoning: Approval. Special Exception: Approval, subject to conditions (Exhibit A). Waiver: Approval Variance: Approval, subject to conditions (Exhibit A). Site Plan: Approval, subject to conditions (Exhibit A). i VALGARD CONDITONS — EXHIBIT A 1. High-parking demand retail uses (restaurant, convenience store, salon, medical office, bank, etc.) prohibited. 2. Compliance with Fire-Marshall requirements (included in backup). 3. Compliance with City Landscape Consultant landscape/tree requirements: a) Preservation of four Live Oak trees, three Gumbo Limbo trees, and two Strangler Fig trees. b) Relocation of one Live Oak on-site. c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. d) Removal of one Live Oak determined by the City 'Landscape Consultant to be incapable of surviving relocation; payment of $3,000 into the Tree Preservation Trust Fund. • e) Adding 7 new trees (Minimum 14' high, 8' canopy, and 3" caliper) for a total of 45 new trees. f) Posting $78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded 1 year after inspection (Certificate of Occupancy) if all the trees are still healthy and well maintained. If the trees are dead or dying they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for future sidewalk construction, including 2% pervious area waiver. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by Public Services Director. • VALGARD SELF STORAGE/RETAIL MIXED USE PROJECT SPECIAL EXCEPTION USE Mazan Development, LLC., ("Applicant") is the contract urchaser of the property located on the north side of Stirling Road between SW 20 n Avenue and SW 19tn. ("Property") in the City of Dania Beach ("City"). The Applicant proposes to develop a mixed-use project development consisting of a self storage facility of approximately 98,480 square feet and retail uses of approximately 3,473 square feet ("Project"). In furtherance of the Applicant's development of the Project, the Applicant is requesting a rezoning from IROC to IROM, a special exception use and two variances. Specifically the Applicant is requesting a special exception use to permit the proposed mix-used development. 1. The use is Permitted as a special exception use as set forth in the Schedule of Use Regulations. The proposed mixed-use Project is comprised of a self storage facility and retail uses. The retail uses are permitted pursuant to the City's IROM District Section 18.20(v), subject to the provisions of the City of Dania Beach Future Land Use Element and Broward County Land Use Plan. Self storage use is a permitted use subject to the conditions of the Section 18.40(e), and Section 10.12 of the City's Code. 2. The use will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and the zoning district where it is to be located The Project will not a detrimental impact to the value of surrounding properties but will in fact enhance the value of neighboring properties. This proposed Project is located on property that is isolated from residential areas within the City. The properties located contiguous to the Project are vacant. The Project is designed to resemble an office building with ground floor retail uses so that it will have a positive impact on properties located in the general area. This use and design is consistent with the Properties on the south and other uses permitted in an IROM zoning district The retail and storage facility will further serve to enhance the tax base of Dania Beach by providing retail uses as well as self storage facility. 3. The use will be compatible with the existing uses on contiguous property, with uses in the use will general area and the zoning district where the use is to be located and compatible with the general character of the area considering population density, design, scale and orientation of structures to the area property values and existing similar uses or zoning. The Property is situated between Interstate 1-95 and the SCL Railroad and is bordered on the south by Stirling Road. The properties located contiguous to the Project are vacant; however, the existing uses in the general area are comprised of office/industrial uses. The Project is completely compatible to and mirrors other FTL:1666009:1 development in the area. The Project has been specifically designed to put an "office/retail face" on Stirling Road and will give the appearance of a traditional • office/retail development enhanced with large windows to give the appearance of an upscale office building. Based on the office/retail face, the patrons of the retail uses may not even be aware of the contiguous self storage facility use. 4. There is adequate landscaping and screening provided as required by this chapter. Adequate landscaping and screening is provided. The Project will more than meet the landscaping and screening requirements of the City while still presenting an office/retail facade front. The Project has some significant tree canopy, the majority of which will be maintained. We have modified the landscaping plan to minimize tree removal and relocation. The Property complies with all the City Code's requirements. 5. There is adequate parking and loading provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets The City Code does not provide parking standards for a self-storage use. We have researched self storage use parking requirement of other municipalities within the County (see the attached comparison) and have relied on existing parking demand in other similar facilities. The existing parking standard for the IROM district was not created with self storage in mind. In working on a self storage matter in Delray, we were given a parking study specifically for self storage use. The peak hour parking for • this use is Saturdays; with no more than 8 cars at one time. That study is consistent with standard self storage parking demand and as such, vehicular traffic generated by the Project will not have an adverse effect upon, or be detrimental to, surrounding land uses or the local and regional transportation network. This Project will not include any heavy truck traffic that could impact both city streets and the regional traffic network in this area. The Project will result in significantly lower volume of traffic than a larger office, warehouse or marine use. 7. The use will be consistent with the existing comprehensive Plan The Project is entirely consistent with the underlying Land Use Plan, specifically promoting urban infill and redevelopment. 8. The use will not have a detrimental effect on vehicular or pedestrian traffic or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. The Developer will submit this Project to the Florida Department of Transportation ("FDOT") for approval of the openings on Stirling Road. FTL:1666009:1 9. The use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. 10 This Project will be required to utilize the existing Non-vehicular Access Line as permitted by the plat. The plat will also require the project to provide a right hand turn lane on Stirling Road. The location of the proposed building will not create any hazard or nuisance. 10. The use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the comprehensive Plan. This Project is consistent with the City's Comprehensive Plan. The Project provides for sufficient side and front setbacks so as to avoid creating problems for the future development of contiguous properties and will, in fact, encourage new development in the city. 11. The use will not result in the creation of incompatible noise, lights vibrations fumes, order, dust or physical activities, taking into account the existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. The self storage use by nature has minimal incompatible noise, lights, fumes sounds or activities and is not a toxic industrial use. The Project has been designed to. mitigate any potential effect on adjacent properties that might yield incompatible noise, • lights, fumes, sounds or activities. The office/retail fagade design provides for the loading area of the self storage to be inset on the east side of the building.and provides faux non-transparent windows and a significant tree canopy. This recessed loading area, faux windows and tree canopy provides for buffer from the building as well as a landscaping shield to prevent any visual access to the loading area. Additionally, the Developer intends to use some of the latest building construction materials as to sound and wind resistance. As such, this building will be far less of a noise generator than existing uses in the City. 12. The use will not overburden existing public services and facilities. The Developer has been in communications with the utilities department and by the time that the Project will be ready for permits; sufficient water capacity should be available. We have already been advised that the sewer capacity is available. This Project is located in the Urban Infill area where services and facilities are currently available. 13 That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. FTL:1666009:1 The Developer will meet with all city departments to assure sufficient accessibility to permit entry onto the property by fire, police, rescue and other essential public • services. 14. The use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code, or otherwise adopted by the city commission The definition for a special exception provides for ''a use which may be allowed within a zoning district subject to the provisions of this chapter and in accordance with the procedures as set forth in Article 10 of this Chapter. This kind of facility is specifically listed as a Special Exception Use in an ROM District, which requires that the conditions of the Special Exception Use be met. We have filed the appropriate special exception application with fees. As discussed above, we believe that this application adequately meets with all of the criteria contained within Article 10. In addition, this Project provides a clean and safe development in an otherwise neglected area. The Project is completely compatible to and mirrors other development in the area. The Project has been specifically designed to put an "office face" and on the public streets. • • FTL:1666009:1 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH RZ-21-06 / SE-23-06 / VA-24-06 qW • NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, August 8, 2006, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: Request submitted by Bonnie Miskel, Ruden McClosky representing Gary Heldenmuth, owner Stirling Shell, LLC, for property located NW Corner of Stirling Road and (unimproved) SW 19th Court — located on the north side of Stirling Road West of 1-95. The request is as follows: RZ-21-06 — Request to rezone property from Industrial Research Office Commercial ("IROC") to Industrial Research Office Marine ("IROM"). AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT — LOCATED ON THE NORTH SIDE OF STIRLING ROAD WEST OF 1-95, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROC (INDUSTRIAL RESEARCH OFFICE COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHE PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading) SE-23-06 — Request to allow self-storage as a special exception use in an "IROM" zoning district. (Chapter 28, Zoning, Article 18, IROM, Section 18.40(e) Special Exception Uses) VA-24-06 —Variance request: 1. To provide 28 self-storage parking spaces; (Chapter 28, Zoning, Article 6.21 Off Street Parking, requires 124 parking spaces for a storage warehouse.) 2. To provide a 16 foot rear setback; (Chapter 28, Zoning, Article 18 IROM, Section 18.60 Area Requirements, (c)3 "Yards" requires 28 feet.) 3. To provide a 2 foot landscape buffer at front of property; (Chapter 26, Vegetation, Article IV, Landscaping, Sec. 26-51. "Perimeter landscape requirements for business, commercial and industrial properties", requires a 10 foot landscape buffer.) The above requests are related to a site plan request (SP-22-06) for the proposed construction of 101,953 self storage / retail building. Legally Described as: A PORTION OF TRACT "A" OF "LETO PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118 AT PAGE 39 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOW* BEGIN AT THE MOST SOUTHERLY CORNER OF SAID TRACT "A"; THENCE RUN NORTH 00 DEGREES 40 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID TRACT "A" FOR A DISTANCE OF 278.86 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES 58 MINUTES 59 SECONDS EAST FOR A DISTANCE OF 230.92 FEET TO A POINT ON THE EAST LINE OF SAID TRACT"A"; THENCE RUN SOUTH 00 DEGREES 40 MINUTES 16 SECONDS WEST ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 254.22 FEET TO A POINT; THENCE RUN SOUTH 45 DEGREES 20 MINUTES 08 SECONDS WEST FOR A DISTANCE OF 16.37 FEET *0 A POINT OF INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE ORTHWEST, THE CENTER OF WHICH BEARS NORTH 06 DEGREES 11 MINUTES 48 SECONDS WEST FROM SAID POINT; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2302.26 FEET, THRU A CENTRAL ANGLE OF 05 DEGRES 21 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 215.07 FEET TO A POINT OF NON- TANGENCY; THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 4.98 FEET TO THE POINT OF BEGINNING. LESS AND EXCETP ALL ROAD RIGHTS-OF-WAY. Copies of the proposed sign variance are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.ln accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham, Planning Associate Notice Date: July 28, 2006 LOCATION MAP T-1 C NW 1ST ST TIGERTAIL BLVD fD w m I-G t C-4 - N IROC I ROM a m o C- CU X This site Z U w Q h C=2 C- C-2 IROC STIRLING RD 4. Jul.28 NOTICE OF PLJBL IC IIEARING CITY OF DANIA BEACH SE-39-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission,on Tuesday,August 8,2006,at 7:00 p.m.,or as soon thereafter as possible,in the Dania Beach City Commission Room,City Hall, 100 W'cst Dania Beach Blvd.,Dania Beach,Florida 33004,for the purpose of hearing any comments which might be made to the following:Request submitted by Mchran Corporation,on behalf of property owner Fvangelia Glarentzos Revocable Living TTUM,for property located at 1502 South Federal Highway • (Community Redevelopment Area).The request is for a special exception use to allow sign fabrication and a sign printing studio in a C-3(Commercial)zoning district.Legally described as: Lot 1,less the south 50 feet thereof,and Lot 12 less the south 50 feet thereof,Block 43,of North Ilollywood According to the Plat thereof as recorded in plat book 4,page 1,of the public records of Broward County Florida.Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd.,Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m., Monday—Friday please call(954)924-3645 for more information.Interested parties may appear at the public hearing and be heard with respect to the proposed petition.ln accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W.Dania Beach Blvd,Dania Beach, F L 33004,(954)924-3622,at least 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based.Lou Ann Cunningham,Planning Associate July 28,2006 5. Jul.28 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH RZ-21-06/SE-23-06/VA-24-06 NOTICE IS HEREBY GIVEN that a public hearing will beheld before the City Commission,on Tuesday,August 8,2006,at 7:00 p.m.,or as soon " thereafter as possible,in the Dania Beach City Commission Room,City Hall, 100 West Dania Beach Blvd.,Dania Beach, Florida 33004,for the purpose of hearing any comments which might be made to the following:Request submitted by Bonnie Miskel,Ruden McClosky representing Gary Heldenmuth,owner Stirling Shell,LLC,for property located NW Corner of Stirling Road and(unimproved)SW 19th Court—located on the north side of Stirling Road West of 1-95.The request is as follows:RZ-21-06—Request to rezone property from Industrial Research Office Commercial(IROC)to Industrial Research Office Marine(IROM).AN ORDINANCE..OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REZONING OF PROPE:RI'Y GENERALLY LOCATED AT TFIE NW CORNER OF STIRLING ROAD AND(UNIMPROVED)SW 19TH C:OLIRT—LOCATED ON TI IE NORTH SIDE:OF STIRLING ROAD WEST OF I-95.DANIA BEACH,FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT A,A COPY OF WHICH IS A,rTACHED TO THIs ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM iROC(iNDUS"1RIAL RESEARCH OFFICE COMMERCIAL),TO IROM(INDUSTRIAL RESEARCH OFFICE MARINE);SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS:PROVIDING FOR SEVERABILITY:FURTHER, PROVIDING FOR AN EFFECTiVE DATE.(Second and Final Reading)SE-23-06—Request to allow self-storage as a special exception use in an IROM zoning district.(Chapter 28,Zoning,Article 18,IROM,Section 18.40(e)Special Exception Uises)VA-24-06—Variance request: 1.To provide 28 self-storage parking spaces;(Chapter 28,Zoning,Article 6.21 Off Street Parking.requires 124 parking spaces for a storage warehouse.)2.To provide a 16 foot rear setback:(Chapter 28,Zoning, • Article 13 IROM,Section 18.60.Area Requirements,(c)3 Yards requires 28 feet.)3.To provide a 2 foot landscape buffer at front of property.(Chapter 26,Vegetation,Article IV,Landscaping,Sea 26-51.Perimeter landscape requirements for business.commercial and industrial properties,requires a 10 trot landscape butler.)The above requests are related to a site plan request(SP-22-06)for the proposed construction of 101.953 self storage/retail building Legally Described as:A PORTION OF'FR ACi'A OF L.ET'O PARK ACCORDING TO THE 131.A AT THEREOF AS RECORDED IN PLAT BOOK 118 A'I'PAGE 39 OF TI IF.P RECORDS R CORDS OF BROWARD COUNTY,Y,FLORIDA;BEING MORE PARTICULARLY DESCRIBED'AS FOLLOWS:BEGIN AT THE MOST SOUTHERLY CORNER OF SAID'iRAC"f A;-i ffENC'E RLiN NOR-1I1 00 DEGREES 40 MINUTES Iti SECONDS EAST AL()NG TFIE WEST LINE OF SAID TRACT A FOR A DISTANCE OF 278.86 FFEF TO A POINT: ilIENC'E RIJN NORTHH 89 DEGRE ES 58 MINUTES 59 SECONDS EAST FOR A DIS fANCL OF 23092 FF ET'"I0 A POINT ON fl1E;E AS f LINE OF SAID I RAC T A TllE.NCL Rl IN SOUT11 00 DEGREES 40 MINIJTF[S 16 SECONDS WEST ALONG 1I Ili E.AS"F LINE OF SAID TRACT A FOR A DISTANCE OF 254 22 I 1 t 1 FO A POIN"I If IENCF RI.-IN SOLJ"111 45 DEG RE L S 20 MINUTES 04 SF?(ONDS WEST FOR A DISTANCE, OF Iti 37 l F.i.T'I O A P(:)INI OF iN I E RSFCfION WI I I ITIIi ARC'OF A CIRCIJI AR C I.R.VF CONCAVE TO i'llE, NOR'F11WES"l'.T'IiF CFN"fE:R OE'W'lilCl i IifAfZ5 NOR'1'Fi 06!>fiGRL:Ii,S 11 \iINI 'fES 48 S1?C'ONDS WI;SI'FROM SAID i'OWT;TIIENC'E RUN S(:)lJ'EIIWF:S'FLiRLY ALONG THE.ARC OF SAID CURVE HAVING A RADIUS OF 230-126 FFLiT, If iRU A CENTRAL ANGLI'.OF OS DEGREES 21 MINIJ'FI?S 09 SECONDS FOR,'\N ARC DlS'I'ANCI: OF 215.07 FfA:T FO A.POINT OF NON-TANGFNC'Y:TI IENCF•:RIJN NORTI190 DFOREE.iS 00 MINU FF:S 00 SECONDS WES I'FOR A DISTANCE OF 4.99 FT'1:1 TO'If lli POINT OF Ill:61NNING. LESS AND LXCI PT ALL ROAD RIGI1'fS- OF-WAY.Copies ot'the proposed sign variance are available for viewing in the Community Development Department, 100 Wst Dania Beach Blvd- Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m..Monday—Friday please call (954)924-3645 for more i0bo-mation. Interested parties may appear at the public hcarine and Previous page • http://www.sun-sentinel.com/classified/ger merch/print-ads.classified?id=FTL-8-12932626... 8/1/2006 sun- om Public Hearing Notices • 1. Jul.28 NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION CITY OF DANIA BEACH,FLORIDA REGARDING ADOPTION OF ORDINANCE NO.2006-024 NOTICE IS GIVEN that on June 13.2006,at 7:00 p.m.or as soon thereafter as the matter may he heard,the City Commission of the City of Dania Beach,Florida,will conduct a public hearing in the Commission Chamber at Dania Beach City I fall, 100 West Dania Beach Boulevard,Dania Beach,Florida,to consider the proposed adoption of the following Ordinance:AN ORDINANCE OF THE CITY OF DANiA BEACH, FLORIDA,APPROVING.ri-{E REQUEST MADE 13Y STEVEN SINGER,]'RESIDENT,ON BEHALF OF T-d't.F- RAVENSWOOD,INC.,FOR THE DELII PLAT,SUCH PROPERTY BEING LOCATED AT 5481 RAVENSWOOD ROAD,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 TfIE DEZ1I PLAT;PROVIDING FOR SEVERABiLiTY; PROVIDING FOR CONFLICTS:FURTHER,PROVIDING FOR AN EFFECTVE DATE.Copies of the proposed Ordinance is on file in the Office of the City Clerk,City Hall,100 West Dania Beach Boulevard,Dania Beach.Florida,and may be inspected by the public during normal business hours.Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed.Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.in accordance with the American with Disabilities Act,persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard,Dania Beach,Florida 33004,(954)924-3622 at least 48 hours prior to the meeting. Lou Ann Cunningham Planning.Associate July 28,2006 Jul.28 NOTICE OF PUBLIC HEARING BEFORE TI lE CITY COMMISSION CITY OF DANIA BEAC'I1.FLORIDA REGARDING ADOPTION OF ORDINANCE NO.2006-026 NOTICE iS GIVEN that on.August 8,2006,at 7:00 p.m.or as soon thereafter as the matter may be heard,the City Commission of the City of Dania Beach.Florida,will conduct a public hearing in the Commission Chamber at Dania[leach City Hall, 100 West Dania Beach Boulevard,Dania[leach,Florida,to consider the proposed adoption of the following Ordinance:AN ORDINANCE OF THE,CITY OF DANiA BEACH, FLORIDA,APPROVING THE REQUF,ST MADE BY 13ONNIE L.MISKEL OF RCIDEN,MCCLOSKY,SMITH, SC:HUSTER X.RUSSEL.L., P.A.ON BEHALF OF JOHN E.SAl3TY,MANAGER OF WSSA FLORIDA.LIX.,FOR TTiE WSSA FLORIDA,LLC PLAT,SUCH PROPERTY BEING GENERALLY LOCATED ON THE EAST SIDE OF NE 7TI1 AVENUE Ell i WLEN TAYL,OR ROAD AND L L I E R DRIVE,IN TIIE'CI FY OF DANIA BEACH AND 1.EGAI.I,Y • DESCRIBED IN F XHIBIT A,A COPY OF WHICH IICH IS A F fACLIED TO I HIS ORDINANCE.;ACCEPTING']HE DEDICATION FOR PUBLIC;USE OF AIL STREETS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF TILE WSSA FLORIDA,LLC PLAT;PROVIDING FOR SEVFTtA13ux Y:PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.,.Copies of the proposed Ordinance is on the in the Office of the City Clerk,City Mall, 100 West Dania Beach Boulevard,Dania Beach,Florida,and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed.Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities.Act,persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard,Dania I3each,Florida 33004,(954)924-3622 at least 48 hours prior to the meeting.Lou Ann Cunningham Planning, Associate July 28,2006 3. NOTICE 01;P(JBIAC HFARINGY CITY OF DANIA REACE3 SE-42-06/VA-43-06 NOTICE 1S I1FREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,August 8,'006 at 7:00 p.m.,or as soon thereafter as possible,in the Dania Beach City Commission Rana,City i fall, 100 West Dania Reach Blvd.,Dania Beach,Florida 33004, liar the purpose of hearing any comments which might he made to the request submitted by Beacon Investment Properties I.LC.representing property owner Archibald Weiner,Sr. for the Ib1Iomng:5E-42-06-Special Exception request to allocate up to 280 Local Activity Centcr(LAC)dwelling,units to construct a residential development.Property generally located on the northeast corner off1unia[:leach Boulevard and Gulfstream Road(801 Last Dania Beach 131vd.),(Weiner's Muhile Iiome Park Site-sec map on reverse side of notice). VA-43-06- Variance request to allow a residential development of varying heights(3 - 14 stories)at the northeast corner of Dania Beach Boulevard and Gut fstrcam Road(W'einer's:✓9obile I loine Park--we map on reverse side).(Chapter 28,Zoning.Article 5 Supplementary Lot Regulations,allows 3 stories/40 feet.)Legally described as the west lit of the sowliwcsi 1/4 oaf the northeast 1/4 of the southwest 1/4 less state road and less the west 25 fitr road. Information regarding the proposed requests are available in the Cotumunity Devclopmcnt Department, 100 West Dania Beach l IN&Dania Beach. Florida between the hours of•8 00 a.m.and 4:00 p.m..Monday-Friday please call(954)924-3645 for more intimnation.Interested parties may appear at the puhlic hearing and be heard%kith respect to the proposed petition.ln ;accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W. Dania Beach Blvd.. Dania Beach,FI,33004.(954)924-3622,at Ie;ust 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the Citv Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony • and evidence upon which the appeal is to based.Lou:Inn Cunningham Planning Associate July 28,2006 — http://www.sun-sentinel.con/classi ffed/genmerch/print-ads.classified?id=FTL-8-12932626... 8/1/2006 W cD Ur O 9 Q � (r N NI n O U) Z!CD't7 NIN;0'M:O C) w O'•-�O O.O' �-'O LL 0 J M (M M�MIM'M',M:M J M � M'M MGM M�M MiM N LU U) J co O =I > N I—J 10 QIZ'O Jco Q � QOQF Z JJZJ'(XJ QQQOOQ 00 20 Z = I 0 J W 13 O > Q U) in F- _J co00Q � t~i� U o o Q M �j Z Z W O N Z -� cn o I� Q' Q' W N �- _ _ U C� (� U' � F-'F- � W f- Z oo Z �I cncn �- �: Z (n J � F... J 00 C0000 Q Q O_ _O _O O O MILO O N M M N N N 06 m o !o �? 'O _ -J; OU F- n. }j LL I- pO'JI �i > �F-,Z, U), W Jlll Ql WI J;OILL Ln'i01-j'Z CL Q,W�Ujl WW U. J,Z Q J, o12! Z 01OZ 60 0 'IQW LL'� W i J III=i0 m 01Wi0 Z �i 2 CO p W <- U,W;J J �, ,... Z', Q:O O F- Z M J mQ J 0IU'ZIJ J.a. U) cn cn :_. _.. .:...7. LU Q m LL r-'O'100400 a Z Q U CO r — CO.N CV QZ o'oolo'0000 0 0vr` 00or- 00 LL m .0 M M;U-) O O M N O > MMCMM V') m mM > Z N N N N,N N N N O Z ,�,d V it'd V a o 0 00 0 0 0 0 U p Q:LO u) Ul) Ul) LO LO LO.LO