HomeMy WebLinkAboutR-2004-105 va-78-03 subway RESOLUTION NO. 2004-105
• A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING A
VARIANCE SUBMITTED BY CHARLES SERABIAN, ON BEHALF OF
JAMES BARRON, FROM CHAPTER 26, VEGETATION ARTICLE IV
LANDSCAPING, AND CHAPTER 28, SECTION 6.21 SUPPLEMENTARY
USE REGULATIONS, OFF-STREET PARKING REQUIREMENTS, FOR
PROPERTY GENERALLY LOCATED AT 2501 GRIFFIN ROAD, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Dania Beach Code of Ordinances, Chapter 28, Section 6.21 Supplementary
Use Regulations, sets the off-street parking requirements for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, Article IV
Landscaping sets the minimum landscape buffer requirements for the City of Dania Beach; and
WHEREAS, Charles Serabian, on behalf of James Barron, has applied for a variance (VA-
78-03) as follows:
1) To waive the minimum landscape buffer to allow a seven and a half(7.5)foot on the
east side, eight and a half(8.5)foot on the west (where 10 feet is required on local
roads) and eight (8) feet on the south (where 15 feet is required on Trafficways).
2) To allow two (2) parking spaces to project into landscape buffer as much as four(4)
feet, providing only 6 feet of landscape buffer area at the comers.
WHEREAS, the Planning & Zoning Board on March 17, 2004, recommended that the City
Commission grant variance request VA-78-03 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-78-03, for a variance as described above (from
requirements in Chapter 28, Zoning and Chapter 26, Vegetation), a copy of which is attached as
Exhibit "A" is approved, subject to submittal of color building elevations for all four sides of the
building and the wall prior to issuance of a building permit.
Section 2 .That all resolutions or parts of resolutions in conflict with this resolution are
VA-78-03 1 RESOLUTION NO. 2004-105
repealed to the extent of such conflict.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 THIS 8T" DAY OF JUNE 20 04.
C.K. MCELYE
MAYOR —COMMISSIONER
ATTEST: , ROLL CALL:
\ � dl�-� `� � COMMISSIONER ANTON -YES
Oi(J COMMISSIONER CHUNN -YES
LOUISE STILSON COMMISSIONER FLURY-YES
CITY CLERK VICE MAYOR MIKES -YES
MAYOR MC ELYEA - YES
APPROVED ASTz
M AND CORRECTNESS:
BY: (I-c
• T OM S J. ANS RO
CITY ATTORNEY
•
VA-78-03 2 RESOLUTION NO. 2004-105
City of Dania beach, Florida
Growth Management Departiment
Planning and Zoning Division
(954)9241-3645
117
Development Application ^n3
❑ Plat
❑ Variance
VSpecial Exception Date Rec'd:
Site Plan
EN Rezoning Petition No.: k- o7
❑ Land Use Change
❑ Assignment of(Flex/Reserve Units
❑ Vacation Request
This application must be completed in full and submitted along with all necessary documents for it to be
processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA
UNTIL IT IS COMPLETE. Refer to the"Application Type"and "Required Documentation" checklist to
determine the supplemental documents required with each application. STAFF WILL PROVIDE THE
APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in
Individual sets. "Full sized plans submitted shall be signed and sealed by an architect registered in the
State of Florida,rand other appropriate design professionals. The applicant of record or their authorized
legal agent shall`present projects to the pertinent board.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. Once placed on an agenda,
the applicant or their authorized legal agent must be present at all meetings.
Location Address: 2- 01 6;iR1f=t~ll`4 F"60457
Lot(s): 1%1 15 Block: 3' Subdivision: ?2NV
Recorded Plat Name: S 1-5A D!a EZ 06K441-
Folio Number(s): 022.�0 503 Legal Description: 400T t BPI VEIET Lets t I�t�
�`.l. car lcsts 12t t3�(4 15 3 StAexs>'A2D FAQ- RoNT
Present Zoning:C2 Present Land Use: Explanation of Request:
u iE�W t5 k-Ce P L--A(-4 F-O K 6
Prop. Net Acreage: SAME Gross Acreage: Prop. Square Footage:
Value of Improvement J®fb, &>dd Esrd Date of Completion: A-
Will Project be Phased: --�— If yes, Est'd Completion of each Phase: W JAN
Existing Use: �.lAG�•I�'Z' Proposed Use: r.f L3 F-" r-J't'
Name of pelican nsultant/Representative (drde one):
Address of Applicant: Dl,�`1 G L ►tz�r �t--�C�.
Business Telephone:954t 2-O' �1ome:�jc '232� iE�� Fax:-064 L-- z -1_4-5�_
Updated 3/14/03
Name of Property Owner:
Address of Property Owner: �J� J �� /� ^
54
Business Telephone: Home: Fax: Z ��.1)
List any additional action (i.e. special exception, variance, rezoning, etc.) that may be needed to support
the proposed project: t-�.A•
List all previous action that has occurred-on this property: q.A.
(NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn o and subscribed before me Applican Con t/Representative:
This day of QCJ l t�7
Signature: Date.
�NP�R>+es ��c•��F3lP�ra
Sign Name of Notaryr Public (Print Name)
State of((:: R- � )
C(n-P I Ie CC�J�I InPG y 1 oDR'i Gc-E�FzY �L�D. S���E 50�
Print Name of Notary Street Address, City, State and Zip Code
® Commission Expires: „ � Z 'l�A�-r�`�tDr.� F-L .Seal: Michelle Michelle L Cousinesu Telephone No. &Fax No.
pia 9�y,
'• My commission DD1D9387
Expims Aim ti5.2
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE
THE FOLLOWING:
This is to certify that I am the owpgr!of s bject I ds-da9scribed above and that I have authorized
(Applicant/Consultant/Representative) lelt)to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This SO day of�_20�
Signature-
Sign Name of Notary Public (Print Name
State of(?/v7o(O ,)
. Print Name of Notary Street Address, City, State and Zip Code \� o
Cc V ENpke%MSERABIAPI 2 v
Se 14evMY comlyir loN# DDD 1 3 Teleph No. &Fax No.
/Epl'o EXPIRES:October
1 00,-NOTARY FL Notary 8arvloe&8-*X,Irr-
AGENDA REQUEST FORM
CITY OF DANIA REACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JUNE 8, 2004
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST VA-78-03
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
REQUEST BY CHARLES SERABIAN, ON BEHALF OF JAMES BARRON FOR A VARIANCE TO
REDUCE THE LANDSCAPE BUFFER FOR PROPERTY LOCATED AT 2501 GRIFFIN ROAD.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF REPORT
RESOLUTION
LANDSCAPE COMMENT
LETTER FROM ARCHITECT
APPLICATION
PUBLIC HEARING NOTICE/LOCATION MAP
MAILING LIST
• 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
The Planning and Zoning Advisory Board recommended approval on March 17, 2004
Submitted by:
Laurence G. Leeds, AICP, Director Date June 2,2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: June 8, 2004
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director Zo,
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: VA/SP-78-03: Request by Charles Serabian, on behalf of
Jaynes Barron for a variance to reduce the landscape buffer
and site plan approval to convert an existing building into a
Subway restaurant located at 2501 Griffin Road.
Site Plan
To convert an existing building into a restaurant.
Variance
1. To waive the minimum landscape buffer to allow a seven and a half (7.5)
foot on the east side, eight and a half (8.5) foot on the west (where 10 feet
is required on local roads) and eight (8) feet on the south (where 15 feet is
required on Trafficways).
2. To allow two (2) parking spaces to project into landscape buffer as much as
four (4) feet, providing only 6 feet of landscape buffer area at the corners.
Waiver
To waive the Principal Arterial Commercial Design Standards Overlay Arterial
Design requiring a pitched roof.
On March 17, 2004 the Planning and Zoning Advisory Board recommended approval
to the City Commission of the requested variances and waiver but continued the site
plan to allow the applicant to address the issues identified by staff. On April 21,
2004 the Planning and Zoning Advisory Board continued the site plan because the
applicant had not provided a revised site plan in time for staff to review. On May
19, 2004 the Planning and Zoning Advisory Board recommended approval of the site
plan, subject to the applicant addressing all issues identified by staff Por to this
item being scheduled for a City Commission agenda.
The applicant is proposing to convert an existing building into a Subway restaurant.
The property is located in a Commercial (C-2) zoning district and has a Commercial
Future Land Use designation. Commercial zoning is located on the east and west
sides of the property, however residential uses are located at the rear of the
property, to the north. In addition, the site has street frontage on three (3) sides,
the east, north and west.
SITE PLAN
The applicant is proposing to utilize the existing building. The applicant is also
proposing to remove the curb cuts along Griffin Road and provide ingress only on
SW 25th Terrace and ingress and egress along SW 25th Avenue. Sidewalks will be
provided on all street frontages. Lighting will be added to illuminate the site.
Provisions will be made to minimize light spillage onto the adjacent residential
properties.
The City's Traffic Engineering consultant, Tinter and Associates, Inc., reviewed the
proposed site plan and traffic pattern submitted by the applicant. The analysis
provided by Tinter and Associates, Inc. indicates that a west to east on-site traffic
flow, as proposed by the applicant, is preferable with ingress opportunities available
along both SW 25 Terrace and SW 25 Avenue.
The applicant exceeds the minimum development requirements for pervious area.
The site is required to have a minimum 30% pervious area; the applicant is
providing 44.5%. The applicant meets the minimum number of parking spaces.
FDOT has also conducted a preliminary review of the site plan and approved the
concept as presented by the applicant to develop the site with no direct access
to Griffin Road with the following conditions:
• Mitigation for drainage impacts is required
• SWPPP must be submitted with the permit application
• Any approved median use is subject to revisions with subsequent projects.
• Fixed objects in control zones must meet construction criteria.
® Dimensions between features are from the near edge of each feature
unless otherwise indicated.
The proposed site plan has been reviewed by various City departments and the
following issues have been identified:
1. Provide color rendering of all sides of the building, including the precast wall.
VARIANCE
1. To waive the minimum landscape buffers
The first variance request is to allow the applicant to reduce the width of the
landscape buffer on all three (3) street frontages. On October 28, 2003 the City
Commission approved the text amendment requiring a 10 foot landscape buffer
along all local roads and a 15 foot landscape buffer along all roadways identified on
the Broward County Trafficway plan.
The applicant is redeveloping this site using the existing building, therefore some
pre-existing site constrains exist. In order for the handicapped parking to be
located in accordance with the Americans with Disabilities Act (ADA) the current
parking configuration necessitates reducing the landscape buffer by two and a half
(2.5) feet.
The landscape buffer on the west side of the property cannot be expanded.
Although there is approximately four (4) feet between the drain field and the
parking spaces, the Health Department requires five (5) feet clearance surrounding
the drain field, unless preexisting conditions constrain the site. In addition, the
landscape buffer along the south property line is limited to eight (8) feet provided
by the applicant because of the location of the building and the need to provide a
® five (5) foot handicapped access to the building. Therefore, staff supports the
reduction of the required landscape buffers as requested by the applicant.
2. To allow two (2) parking spaces to project into landscape buffer as much as four
(4) feet, providing only 6 feet of landscape buffer area at the corners.
The proposed site plan shows two (2) parking spaces encroaching into the required
landscape buffer at the south east and south west corners of the site. Due to site
constrains identified above, staff supports this variance request.
WAIVER
The Principal Arterial Commercial Design Standards Overlay district requires
property within this district to provide roofs with a pitch and generous overhang.
Because the applicant is proposing to rehabilitate an existing structure, staff is in
support of waiving this design standard.
PLANNING AND ZONING; ADVISORY BOAR®
•
SITE PLAN
On May 19, 2004 the Planning and Zoning Advisory Board recommended approval of
the site plan, subject to the applicant addressing all issues identified by staff PrLor to
this item being scheduled for a City Commission agenda.
VARIANCES
Approval subject to submittal of color building elevations for all four sides of the
building and the wall prior to issuance of a building permit.
WAIVER
Approval.
STAFF RECOMMENDATION
Approval as per Planning and Zoning Advisory Board recommendation.
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING A
VARIANCE SUBMITTED BY CHARLES SERABIAN, ON BEHALF OF
JAMES BARRON, FROM CHAPTER 26, VEGETATION ARTICLE IV
LANDSCAPING, AND CHAPTER 28, SECTION 6.21 SUPPLEMENTARY
USE REGULATIONS, OFF-STREET PARKING REQUIREMENTS, FOR
PROPERTY GENERALLY LOCATED AT 2501 GRIFFIN ROAD, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,Section 6.21 Supplementary
Use Regulations, sets the off-street parking requirements for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, Article IV
Landscaping sets the minimum landscape buffer requirements for the City of Dania Beach; and
WHEREAS, Charles Serabian, on behalf of James Barron, has applied for a variance (VA-
78-03) as follows:
1) To waive the minimum landscape buffer to allow a seven and a half(7.5)foot on the
east side, eight and a half(8.5)foot on the west (where 10 feet is required on local
roads) and eight (8) feet on the south (where 15 feet is required on Trafficways).
2) To allow two (2) parking spaces to project into landscape buffer as much as four(4)
feet, providing only 6 feet of landscape buffer area at the comers.
WHEREAS, the Planning &Zoning Board on March 17, 2004, recommended that the City
Commission grant variance request VA-78-03 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-78-03, for a variance as described above (from
requirements in Chapter 28, Zoning and Chapter 26, Vegetation), a copy of which is attached as
Exhibit "A" 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.
VA-78-03 1 RESOLUTION NO. 2004-
Section 3. That this resolution shall be in force and take effect immediately upon its passage
40
and adoption.
PASSED AND ADOPTED THIS DAY OF 2004.
C.K. MCELYEA
MAYOR —COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON -
COMMISSIONER CHUNN-
LOUISE STILSON COMMISSIONER FLURY—
CITY CLERK VICE-MAYOR MIKES -
MAYOR MCELYEA -
APPROVED AS TO FORM AND CORRECTNESS:
By:
THOMAS ANSBRO
CITY ATTORNEY
VA-78-03 2 RESOLUTION NO. 2004-
SUBWAY REVISION #3
• 1. Provide the required 15' wide landscape buffer along Griffin Road or
obtain a variance. Also, provide 10' w de landscape buffers on SW 25rn
Avenue and SW 25�' Terrace or obtain a variance.
2.) Recommend providing three Sable palms along the west side of the
building to help soften the blank building wall from the residential
properties.
7 �3.,A proposed "no man's land" will be created between the adjacent existing
wood fence and the proposed PVC fence. Recommend the PVC fence be
changed to a wall to help reduce possible noise to the residential
properties and be located on the property line to avoid the "no man's
land".
Please advise where the overhead lines are proposed, as stated in
general note#1 of sheet L-2. If the lines are proposed along the west
landscape buffer it will effect the proposed buffer trees and may require
the lines to go underground.
5. Add 100% overlap to Sprinkler note #8 of IR-1.
6. Add a note on the landscape plans to call the City to schedule a pre-
construction meeting on the landscaping prior to planting. Also, add a note
on the landscaping plans that all trees, palms, shrubs and groundcovers
shall have leaves/fronds (no brown leaves) at time of inspection.
K 51E8ER
AF ITEM Wa
NAAM „W®
C*W 4121
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FWME(W4�WO-9"
On HU a4h AVENUE
DAWA.R.010DA 33004
MAY 2 4
200
May 21,2004
Mr.Larry Leeds—AICP Director
City of Dania Beach
Department of Community Development
100 W. Dania Beach Blvd.
Dania Beach,Florida 33004
RE: Subway—2501 Griffin Road
Dear Mr.Leeds,
It is my understanding that a certificate of occupancy will not be issued until all
landscaping has been installed as per the approved site plan.
Respectfully Submitted,
Gene H. Bieber
Architect
Ghb/sb
c.c. Mr. Charles Serabian—Applicant
• Mr.Eugene V. Giarratana—G.C.
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-78-03
Center�raa(
® 1004-2004
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, June 8, 2004, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City
Commission Chambers, Dania Beach Administrative Center, 100 West Dania Beach Blvd., Dania
Beach, Florida 33004, for the purpose of hearing any comments which might be made to the
following request:
Applicant: Charles Serabian on behalf of James Barron
Location: 2501 Griffin Rd.
VA-78-03 - Request by Charles Serabian, on behalf of James Barron for a variance to reduce
the landscape buffer associated with the site plan request (SP-78-03) to convert an existing
building into a Subway restaurant located at 2501 Griffin Road. The variance request is from
Chapter 26, Article IV Landscaping, and Chapter 28, Section 6.21 Supplementary Use
Regulations, Off-Street Parking Requirements as follows:
1. To waive the minimum landscape buffer to allow a seven and a half (7.5) foot on the east
side, eight and a half (8.5) foot on the west (where 10 feet is required on local roads) and
eight (8) feet on the south (where 15 feet is required on Trafficways).
2. To allow two (2) parking spaces to project into landscape buffer as much as four (4) feet,
providing only 6 feet of landscape buffer area at the corners.
Legally described as: The South 37 feet of Lots 11 & 16 and all of lots 12, 13, 14, 15 of Block
3 of Seaboard Park as Recorded in Plat Book 12, Page 24 of the Public Records of Broward
County, Florida.
Copies of the proposed request is 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.
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 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 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
Mailed: Friday, May 28, 2004
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