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HomeMy WebLinkAboutR-2006-134 Valguard Variance RESOLUTION NO. 2006-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE 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 FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING",ARTICLE 18 IROM,SECTION 18.60, "AREA REQUIREMENTS", AND CHAPTER 26, "VEGETATION", ARTICLE IV,"LANDSCAPING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,sets the off-street parking requirements for the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 18 "IROM", Section 18.60 sets the area requirements for the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, "Landscaping", Section 26-51 sets the perimeter landscape requirements for business, commercial and industrial properties for the City of Dania Beach; 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 a variance (VA-24-06) to allow the following: 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); and 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). for property located at the NW corner of Stirling Road and(Unimproved)SW 19th Court(the north side of Stirling Road west of I-95), Dania Beach; WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant variance request VA-24-06,based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-24-06, for a variance as described above from requirements in Chapter 28, "Zoning", Article 6.21, "Off-Street Parking", Chapter 28, "Zoning", Article 18 "IROM", Section 18.60"Area Requirements"and Chapter 26,"Vegetation",Article IV, "Landscaping", Sec. 26-51. "Perimeter landscape requirements for business, commercial and industrial properties"of the City of Dania Beach Code of Ordinances, 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 191h 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. 2 RESOLUTION#2006-134 • 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 based upon Section 10.13 of Article 10 of Chapter 28, of the Code of Ordinances of the City of Dania Beach,the variance shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. 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 August 8, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC . CITY CLERK 3 RESOLUTION#2006-134 • APPROVED AS TO FORM AND CORRECTNESS BY: THOM S J. ANSB A O CITY ATTORNEY 4 RESOLUTION#2006-134 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 ❑ Continued from: Requested ACdo�h (Idenfity appropnate Acts Nlaion X� z � � ` +^ r W� VA-24-06-VALGUARD-RESOLUTION N0.2006-134-A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING 7HE VARIANCE REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN,MCCLOSKY,SMITH,SCHUSTER 8 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-96),DANIA BEACH FROM CHAPTER 26,"ZONING", ARTICLE 6.21"OFF-STREET PARKING'.ARTICLE 16 IROM,SECTION 16.60,'AREA REQUIREMENTS', ANO CHAPTER 26,'VEGETATION",ARTICLE IV,"LANDSCAPING';PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE GATE. 1l�hy.�iC$f0111 IS RieCeSsa �,a z� a ��a f `� `j ,s,r,� $;r'�'as fr.r s � r � ' r� rJr s,f4,� '`� �� ��qn ��y�s�aEu� o §+�� ✓ �°�' UVhat ACtlon ACCompil'heS s s a rZ t ywi t s,, Y N a Purchasing Requests OPlLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary`Explanatlon/Background VA-24-06 - Valguard Variance -The applicant, Bonnie L. Miskel, on behalf of the applicant, is requesting a variance approval for the construction of a self storage warehouse located at on Stirling Road,just west of Interstate 95. The Variance request reads as follows: 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. Flscal tmpact/Cost Summary a .ti.li act/Co '> >2" EzhIbIts Attached �� � � yf � u . sm R bnS Rst't£, �g.�, 3 Y '� x asv , ' e v- x nt sy "fat'yam.", ..w.x, ix :.:>�-� 7rve.� £ ,.o-s_s+.�-�*e s�., r.�>%;�,:: ..�.�a' .. �+. :.c .�u¥a°+tE ,.e' i'.a :, v' '....fc'g,a,;as. s •. .>,',f r f,/ a a>r.x`2�';> z. s �e a Resolution (Exhibit 1) Staff Report Application Variance 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 �I.ad?i"'` sx Authari"erl Signatures m . sr ,.. �.a..eRa. ��...�, .�,�.�, Submitted by Date Department Director Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ • RESOLUTION NO. 2006-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE 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 FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING",ARTICLE 18 IROM, SECTION 18.60, "AREA REQUIREMENTS", AND CHAPTER 26, "VEGETATION", ARTICLE IV,"LANDSCAPING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,sets the off-street parking requirements for the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 18 "IROM", Section 18.60 sets the area requirements for the City of Dania Beach; and • WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, "Landscaping", Section 26-51 sets the perimeter landscape requirements for business, commercial and industrial properties for the City of Dania Beach; 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 a variance (VA-24-06) to allow the following: 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); and 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). • for property located at the NW corner of Stirling Road and(Unimproved)SW 191h Court(the north side of Stirling Road west of I-95), Dania Beach; • WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant variance request VA-24-06, based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-24-06, for a variance as described above from requirements in Chapter 28, "Zoning", Article 6.21, "Off-Street Parking", Chapter 28, "Zoning", Article 18 "IROM", Section 18.60"Area Requirements"and Chapter 26, "Vegetation",Article IV, "Landscaping", Sec. 26-51. "Perimeter landscape requirements for business, commercial and industrial properties"of the City of Dania Beach Code of Ordinances,a copy of which application 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 inunediately upon its passage and adoption. PASSED and ADOPTED on , 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK 2 RESOLUTION#2006-134 • APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY • 3 RESOLUTION#2006-134 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT • STAFF REPORT DATE: August 8, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G . G Corinne Lajoie, AICP, Principal PlannerC SUBJECT: VALGARD SELF-STORAGE: DR-20-06/RZ-21-06/SE-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 (2nd 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 Reading) 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). 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 SETBACK AND PARKING VARIANCE JUSTIFICATIONS Mazan Development, LLC., ("Applicant") is the contract purchaser of the property located on the north side of Stirling Road between SW 20th Avenue and SW 19th. ("Property") in the City of Dania Beach ("City"). The Applicant proposes to develop a mixed-use development consisting of a self storage facility of approximately 98,480 square feet and approximately 3,473 square feet of retail ("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 seeks two variances under the City's Code of Ordinances ("Code"), Chapter 28, section 10.13; (1) a variance from section 6.21 Q)25 to reduce the number of parking spaces required for storage warehouse use under the Code; and (2) a variance from section 18.60(c)3, in order to construct a 5 story Mixed-Use building at a height of 60 feet with a 15 feet rear yard setback, where the Code requires a minimum rear yard setback of 30 feet or one-half times the building height, whichever is greater. (1) Parking Variance: As discussed below, the requested variance adheres to the variance review criteria set forth in Chapter 28, section 10.13 of the Code. Specifically, the Applicant will demonstrate that: (a) special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (b) the special conditions and circumstances do not result from the actions of the applicant; (c) granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; (d) literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; (e) the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and (f) the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. A. Special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other lands structures or buildings in the same zoning district. Special conditions and circumstances exist which warrant the granting of the requested variance. The proposed Project for this Property is a mixed-use development, combining self storage and retail uses in one unified development, which is unlike most other properties in the City. The Code requires a parking ratio of 1 parking space per each 800 square feet of gross floor area for a storage warehouse. This requirement is unrealistic for a self storage use, as a self storage has drastically • FTL:1661744:1 lower parking requirements than regular storage warehouses, as evidenced in the attached table which lists the results of a comparison of the self storage use parking requirements of other municipalities ("Comparison"). As indicated in the Comparison, both the City of Fort Lauderdale and Miami Dade County provide off-street parking ratios for self storage facilities of 1 parking space per 5,000 square feet of gross floor area, which is far more realistic. Furthermore, a previous parking study of self storage use conducted by a former client for a similar purpose, demonstrated that the peak hour parking was on Saturdays, with no more than 8 cars at one time. Therefore, the parking requirements for this Property are far below the standards storage warehouse use. Under the current City Code, the Applicant would be required to provide 124 parking spaces for the self storage use and 14 parking spaces for the retail use for a total of 138 parking spaces for the entire Mixed-Use development. The Applicant intends to provide a total of 42 parking spaces, with 14 parking spaces for the retail use and 28 parking spaces for the self storage use, which far exceeds the parking requirements in other municipalities who provide for self storage use parking standards within their code. The 28 parking spaces will be more than adequate to accommodate the self storage use proposed on the Property. B. That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are not a result of action by the Applicant. Currently, the parking requirements in the Code do not provide parking standards for self storage uses. Therefore, a self storage use is required to use the • standards of the storage warehouse use despite the fact that self storage uses require far less parking than regular storage warehouses. Furthermore, these regular storage warehouse use parking requirements far exceed the self storage standards that other municipalities have provided in their code. Should the warehouse parking requirements be applied to the current Project, the Applicant would be forced to provide unnecessary and superfluous parking, as the current parking requirements in Code do not provide for the self storage use. It is not a result of actions on the part of the Applicant that the Code does not address the self storage parking requirements. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands buildings or structures in this same zoning district. Granting the Applicant's request for a variance will not confer on the applicant any special privileges denied by any other properties in the same zoning district. Strict application of the unrealistic parking standards would create a vast amount of unused parking spaces, providing for diminished site design. The self storage use provides such a minimal need for parking as compared to most other uses, including storage warehouse use, whether industrial or commercial. As a result there are no other properties that would incur the excess parking requirements in this zoning district. • FTL:1661744:1 D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district • under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of this chapter will deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The Applicant's proposed Project is very innovative and unique as the Applicant is proposing to combine self storage and retail uses in one, unified site. Because of the reduced demand in parking spaces which results in a self storage use, if the current parking regulations were applied to this Property, the Applicant would be forced to provide unnecessary and duplicative parking, since other properties in this zoning district are likely not self storage uses which require less parking than other uses, such as regular storage warehouse uses. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance requested is the minimum variance that will make possible the reasonable use of the Property. The Applicant is merely requesting a variance from strict application of the unrealistic parking standards for the self storage use, which will create a vast amount of unused parking spaces, providing for diminished site design. The Applicant will comply with all other Code requirements. • F. That the rant of the variance will be in harmony with the _general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The grant of the variance will be in harmony with the general intent purpose of this chapter and will not be injurious to the area or detrimental to the public welfare. The Applicant is proposing a new quality development that will likely increase the tax base of the City and provide a beautiful new self storage/retail amenity to the residents of the City. The Code encourages new development, as well as encourages new business which will attract customers, which in turn benefits the City. (2) Setback Variance As discussed below, the requested variance adheres to the variance review criteria set forth in Chapter 28, section 10.13 of the Code. Specifically, Applicant will demonstrate that: (a) special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (b) the special conditions and circumstances do not result from the actions of the applicant; (c) granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; (d) literal • FTL:1661744:1 interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; (e) the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and (f) the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. A. Special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other lands structures or buildings in the same zoning district Special conditions and circumstances exist which warrant the granting of the requested variance. In addition to other objectives, setbacks are created to encourage privacy and prevent one neighbor looking into another neighbor's property. The self storage building has been designed to appear as an office building. The upscale office design provides for large oversized faux windows, which are not transparent, prohibiting anyone from looking into the building. Therefore, reducing the required setback to 15 feet will not result in one neighbor overlooking another. Furthermore, the Property has an existing large native tree canopy. This tree canopy is made up of native,Oak Trees, which City staff has expressed the need to preserve in the site design. Accordingly, the Applicant has redesigned the site plan to preserve the existing canopy trees on site. The preservation of the existing canopy trees greatly enhances the site while buffering the storage facility from the surrounding properties, further preventing the neighbors from looking into the building. Other properties in this zoning district likely do not • provide faux windows, which are non-transparent, but in fact provide real windows, which are transparent and will not prevent neighbors from seeing into their properties. Moreover, other properties in this zoning district likely do not have the large number of canopy trees that exist on the Property, which help shield the property from the neighbors view. B. That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are not a result of action by the Applicant. The Project's rear setback is adjacent to an industrially zoned property. The future development of the adjacent property will more than likely be designed with the rear of that building abutting the rear of this Project. The properties in the industrial zoning district which abut properties with other zoning designations such as residential, commercial or community facilities mandate a more stringent setback requirement, whereas, properties with like uses are more compatible and do not require such a stringent setback requirement. Furthermore, the proposed self storage facility is not an invasive use and does not warrant the separation that other more toxic industrial uses may demand. FTL:1661744:1 C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands buildings or structures in this same zoning district. Granting the Applicant request for a variance will not confer any special privileges denied.by any other properties in the same zoning district. As demonstrated above, properties in the industrial zoning district which abut properties with other zoning designations such as residential, commercial or community facilities mandate a more stringent setback requirement. In this case, the Property is adjacent to the rear of similarly zoned industrial properties and thus do not demand the high degree of separation required when heavy industrial abuts softer, resident uses. Furthermore, the upscale office fagade with faux windows and large tree canopy is attractive building and will enhance the adjacent properties while still providing adequate privacy. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enioved by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of this chapter will deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and will work unnecessary and undue hardship on the applicant. Strict application to the setback provision of the code will limit the manner in which the Property can be utilized for industrial use. The property abuts similarly zoned industrial • uses, and provides significant shielding from the neighbors through the incorporation of the large amount of canopy trees and faux, non-transparent windows, requiring the Applicant to preserve the large number of canopy trees and provide for an unnecessarily large setback area, where adequate privacy is provided, will cause the Applicant to incur substantial and undue hardship. Moreover, the upscale office fagade on the self storage facility creates the attractive look the City desires. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance requested is the minimum setback variance necessary to allow the self storage use on the Property. The Applicant is merely requesting a variance form the unnecessary setback requirements in the code. The property adjacent to the rear of the Property also has an industrial zoning designation. The future development of the adjacent property will more than likely be designed with the rear of the building abutting the rear of this Project. The rear setback between these two uses will be more than adequate, considering the Project utilizes faux non-transparent windows and large canopy trees to shield the Property from its neighbors. The Applicant will comply with all other Code requirements. FTL:1661744:1 F. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare • The grant of the variance will be in harmony with the general intent purpose of the code and will not be injurious to the area or detrimental to the public welfare. The Applicant is proposing a new quality development that will likely increase the tax base of the City and provide a beautiful new self storage/retail amenity to the residents of the City. The Code encourages new development and new business which will attract customers, which will in turn benefit the City. • FTL:1661744:1 1 • VALGARD SELF-STORAGE DANIA BEACH A COMPARISON STUDY OF OFF-STREET PARKING REQUIREMENT FOR SELF-STORAGE FACILITIES City of Dania Beach Code of Ordinances Storage—Warehouse One (1) parking space per each eight hundred (800) square feet of gross floor area. City of Fort Lauderdale Unified Land Development Regulations Warehouse—Self-Storage One (1) parking space per each 5,000 square feet of gross floor area, plus One (1) space per 250 square feet of office space Miami—Dade County • Code of Ordinances Self-Service Storage Facilities One (1) parking space per 5,000 square feet of building area for the first twenty (20,000) square feet of building; One (1) parking space per ten thousand (10,000) square feet (or fraction thereof) of building area thereafter, and One (1) parking space fro the manager's apartment, where provided. One (1) parking space per four hundred (400) square feet of gross office are (or fraction thereof) shall also be provided. In the application of these regulations, a minimum number of five (5) off-street parking spaces shall be provided for any self-service storage facility regardless of size. 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 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 Idlest 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 Li NW 1 ST ST TIGERTAIL BLVD v Ln m I-G C-4 IROC I IROM o C-2 0 x This site W U C-2 C-2 C=2 IROC STIRLING RD 4. Jul.28 NOTICE.'OF PUi3L.IC HEARING CiTY OF DANIA 13EACII 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 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 Mchr n Corporation,on behalf of property owner Evangelia Glarentzos Revocable Living Trust,f'or property located at 1502 South Federal Highway • (Community Redevelopment Area),The request is f'or a special exception use to allow sign fabrication and a sign printing studio in a C-3(Commercial)zoning district.Legally described as:Lot I,less the south 50 Ieet thereof,and Lot 12 less the south 50 feet thereof.Block 43,of North Hollywood 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, FL 33004,(954)924-3622,at Icast 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 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,tier 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-rFIE NW CORNER OF S'TIRLING ROAD AND(UNIMPROVED)SW 19T'H COLIR F—LOCATED ON THE.NORTI I SiDE,OF STIRLING ROAD WEST OF 1-95.DANIA BEACH,FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT A,A COPY OF WHICH IS ATTACHF.,D TO THIS ORDINANCE; CIIANGINU TFEE CURREN'r Z.ONiNG 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 SEVEFLIBILITY:FURTFIER, PROVIDING FOR AN EFFECTIVE DATE.(Second and Final Reading)SE 23-06—Request to aJIow self-storage as a special exception use in an IROM zoning district.(Chapter 28,Zoning,Article 18,IROM,Section 18.40(c)Special Exception Uses)VA-24-06—Variance request: 1.'rig 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 tout rear setback:(Chapter 28,Zoning, • Article 13 IRO,M,Section 18.60 Area Requirements,(c)3 Yards requires 28 feet.)3."I"o provide a 2 toot landscape butler at front of property:(Chapter 26,Vegetation,Article IV,Landscaping,Sec,26-5 L Perimeter landscape requirements for business,commercial and industrind properties,requires a 10 toot landscape buller.)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 POR FION OF TRACT A OF LETO PARK ACCORDING TOT HE PLA I l liF-,Rf OF AS RF CORDED IN PLAT 1300K 1 l8 A I'PACE 39 OF TTIF PUBLiC RECORDS OF BROW'ARD COUNTY,FLORIDA;BEING MORE:PARTICULARLY DFSCRIBED AS FOLLOWS BEGIN AT T'FIE MOST SOUTI IERLY CORNER OF SAID TRACT"A;"tHENC'E.RLIN iktb NOR"fti 00 DEGREES 40 MINUTES 16 SECONDS LAST ALONG'1T fl WEST LINE OF SAID TRACT A FOR A I FANCE OF 273.86 F EE C I O A POINT:TIJLNCE RUN NORTH 89 DEGREES 58 MINUTES ES 59 SECONDS EAST I Olt A DISTANC'F OF 23O 9�f FiET'10 A POINT'ON i I IF EAS 1'LINE Of SAID 1'RACI 1 ITik NCI: REIN SOU'I'F 100 DIXAU1:ES 40 MINU IES 16 SECONDS WF2S I ALONG IlIEi E 1ST LINE.Of:SAID I RAC.T!\FOR A DIS'I ANCE OF 254 22 Fl l t f O A POINT; if IFNICE REIN SOL!H 145 DFGRF FS 20 MINUT S 08 SECONDS WEST FOR \DISTANCE OF 16.37 1 f.F I TO A POIN 1 OF iNI f..RSFCTION WI l I i THE.ARC OF A CIRCULAR CURVE CONC'AVF..TO 1"LiE NORTI IW KST, flif'CENTER OF WI IICI i BLEARS NORTI 106 DEGREE'S 11 MIN11I FS-48 SECONDS WESTFROM SAID POINT;J IIENCT RUN SOU tI IW`ESTERL.Y ALONG TI IE.ARC OF SAiD CURVE HAVING A RADIUS OF 2302.26 FEiI't.'ll lRU A CLiN'CR!\L WGLI[OF OS DEGREES 21 h11N11'rES 09 SECONDS FOR AN ARC DISTANCE OF 215.07 FEET tO A POIN'1"OF NON-TANG!"NCY:T'1IL NCF.RIJN NORTH 90 DEGREES 00 MIN11ITS'00 SECONDS \VIiST'FOR A DIS LANCE OF 4.98 FLEA '0"I'I W POINT OF F31:61NNING. I.I.SS;\ND I'XCI:PT AL.I. ROAD RiGI I'I'S- OF-W'AY.Copies of the proposed sign variance are available for viewing in the Community I)cvelopm.:nt Department, 100 West Dania Beach Blvd_ Dania Beach,Florida bcthvicen the hours ul'8:00 a.m.and 4:00 p.m..Monday—Friday please call (954)924-36,15 fur more information. Interested parties may appear at the public hearing and Previous page http://www.sun-sentinel.corn/classi ffed/genmerch/print-ads.classified?id=FTL-8-12932626... 8/1/2006 Sun-Sentinel Public Hearing Notices l Jul.28 NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION CITY OF DANIA BEAC'I1,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 be heard,the City Commission of the City of Dania Beach,Florida,will conduct a public hearing in the Commission Chantber at Dania Beach City Mall, 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 THE REQUEST MADE BY STEVEN SINGER,['RESIDENT,ON BEHALF OF T-&F— RAVENSW'OOD.INC.,FOR TIIE DEZII PLAT,SUCH PROPERTY BEING LOCATED AT 5481-RAVENSWOOD ROAD,IN THE CITY OF DANIA BEACI I 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 THE DEZII PLAT;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS:FARTHER,PROVIDING FOR AN EFFECTIVE 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 it 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 2. Jul.28 NOTICE OF PUBLIC HEARING BEFORE TI IE CITY COMMISSION CITY OF DANIA BEACH,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 Chantber at Dania Beach City[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 THE REQUEST MADE BY BONNIE L.MISKEL OF RUDEN,MC'CLOSKY,SMITH, SCHUSTER&RUSSELL, P.A.ON BEHALF OF JOHN E.SAB TY.MANAGER OF WSSA FLORIDA.LLC.,FOR T'I IF' WSSA FLORIDA,LLC PLAT,SUCH PROPERTY BEING GENERALLY LOCATED ON THE EAST SIDE OF NE TFI I ® AVENUE 13E I WREN TAYI OR ROAD AND ELLE.R DRIVE';,IN THE CI I Y OF DANIA BEACH AND LEGALLY DESCRIBED D IN EXFIIBrF A,A COPY Oh WF31Cf I IS A TTACI lE D TO f[I1S ORDINANCE:ACCI.P 1 IN(i I IiE DEDICATION FOR PUBLIC.USE OF ALL.SI RLE fS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF HIE WSSA FLORIDA.LLC PLAT;PROVIDING FOR SEVFRABIL.ITY:PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.Copies of the proposed Ordinance is on file in the Office of the City Clerk,City I fall, 100 West Dania Beach Boulevard,Dania Beach,Florida,and may he inspected by the public during normal business hours.Interested p.utics 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 he 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,Inn Cunningham Planning Associate July 28,2006 .3. Jill.28 NO FICF OF PLJBI-fC HEARING CI IY 01-DANIA 13EACI I SE-42-06/VA-43-06 NO fICF IS IIl:REBY GI VI;N that a public hearing will be held before the City Commission on Tuesday,August 8,2006 at 7:00 p.m.,or as soon thereafler as possible, in the Dania Beach City Commission Room,City hall, 100 West Dania Beach BNd.,Dania Butch,Florida 33004, fix the purpose of'hearing any comments which might be made to the request submitted by Lae;icon Investment Propertics I.LC.representing property owner Archibald Weiner,Sr. for the following:SE-42-06-Special Exception request to allocate up to'_'80 Local Activity Center(LAC)dwelling units to construct a residential development.Property generally located on the northeast corner of Dania Beach Boulevard and Gulfstream Road(301 East Dania Beach Blvd.),(Weiner's Nlobile I Ionic Park Site-sec map on reverse side ofnotice). VA-43-06-Variance request to allow a residential development ofvarying heights(3 - 14 stories)at the northeast comer of Dania Beach Boulevard and Gill tstrcam Road(Weiner's Mobile Home Park--see map on reverse side).(Chapter 28,'Zoning.Article 5 Supplementary Lot Regulations,allows 3 stories/40 feet.)Legally described as the west 1/2 of the southwest 1/4 of the northeast 1/4 of the southwest 1/4 less state road and less the west 25 for road. Information regarding the proposed requests are available 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(9.54)924-3645 for more inlurtnation. interested parties may appear at the public hearing and be heard with respect to the proposed petition.In 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 131vd..Dania Beach,1-1,33004,(954)924-3622,at lutst 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the C itv Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and tier such purpose may need to ensure that a scrbatim record of the proceedings is made,which record includes the testinwny and evidence upon which the appeal is to based.Lou;Inn Cunningham Planning Associate July 28,2006 http://www.sun-sentinel.com/classified/genmerch/print-ads.classified?id=FTL-8-12932626... 8/1/2006 0 o (V N N O Q a) r- o 0 z 0 t7,N;N:O O co N LU O O .— OiO,O cf) � 0 LL 0 J;co M M'M M;M J (7 co:M M,CY) cn M!CMIM W Q m W � o 2 J (y J U i Q jJ J JjJI-JiLU J = u- U- LL = Q mLL Iw - O zQm ' IQ � = J ZI J J Z JiL� J QQaj0 � <1 00 = 2p,�1Z2 I I p j m w J O > Q m U p IW- wmmW W F- Z0 � U) �-- � v ? 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