HomeMy WebLinkAboutR-2004-125 VA-08-03 FIRST BAPTIST CHURCH RESOLUTION NO. 2004-125
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY JOHN BARTLEY,AGENT FOR THE FIRST BAPTIST
CHURCH OF DANIA HOLDING,CO.,INC., FOR PROPERTY LOCATED ON THE
EAST SIDE OF SE 2ND AVENUE BETWEEN SHERIDAN STREET AND SE 14T"
STREET, FROM CHAPTER 26,ARTICLE IV LANDSCAPING AND CHAPTER 28,
ZONING,ARTICLE 6,SCHEDULE OF OFF-STREET PARKING REQUIREMENTS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, Article IV
"Landscaping", sets the landscape requirement for uses within the City of Dania Beach; and
WHEREAS, John Bartley, agent for the First Baptist Church of Dania Holding Co., Inc., has
applied for a variance (VA-08-03) to allow:
a) Variance to allow a single row of trees, forty (40) foot off-center, planted in the area
between the wall and the parking area A double row of trees, each row forty(40)foot off-
center, planted between the wall and the parking area is required by Chapter 26,Article
IV Landscaping.
b) To allow a wall located 0 feet from property line; 5 feet is required.
c) General Landscape Variance; Chapter 26, Vegetation, Article IV Landscaping.
d) Waiver - to allow five (5) foot terminal islands and five (5) foot wide landscape buffer
adjacent to SE 2nd Avenue where 10 foot is required; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28,Zoning,Article 6—Schedule
of Off-Street Parking Requirements,sets the parking requirements for uses within the City of Dania
Beach; and
WHEREAS, John Bartley, agent for the First Baptist Church of Dania Holding Co., Inc., has
applied for a variance (VA-37-04) to provide 31 parking spaces when 40 are required for property
located on the east side of SE 2"d Avenue between Sheridan Street and SE 14'h Street, Dania
Beach; and
WHEREAS, the Planning & Zoning Advisory Board on February 19, 2003, recommended
denial of all of the landscape variances identified in request VA-08-03; and
WHEREAS, the Planning & Zoning Advisory Board on June 17, 2004, recommended
approval of the parking variance VA-37-04, 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;
VA-08-03NA-37-04
1 RESOLUTION NO.2004-125
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-08-03 and VA-37-04,for variances as described
above (from requirements in the City of Dania Beach Code of Ordinances, Chapter 26,Vegetation,
Article IV Landscaping and Chapter 28, Zoning, Article 6 Schedule of Off-Street Parking
Requirements), a copy of which is attached as Exhibit "A" is hereby approved.
Section 2. That based upon the criteria set forth in Chapter 28 Zoning,Article 10.13, of the
Code of Ordinances of the City of Dania Beach,all variance approvals shall automatically expire and
become null and void unless the action for which the variance is required has begun or become
completed (or both) at least 12 months from the date this resolution is approved.
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 THIS 27T" DAY OF JULY, 2004.
.K. M E LYE
MAYOR—COMMISSIONER
ATTEST: ROLL CALL:
l COMMISSIONER ANTON -YES
�DZG(,,LQ COMMISSIONER CHUNN —YES
LOUISE STILSON COMMISSIONER FLURY- YES
CITY CLERK VICE-MAYOR MIKES -YES
MAYOR MCELYEA -YES
APPROVED AS TO FORM AND CORRECTNESS:
By: V
T OM S T BRO
CITY ATT6RNEY
• VA-08-03NA-37-04
2 RESOLUTION NO.2004-125
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. A
1. DATE OF COMMISSION MEETING: JULY 27, 2004
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST VA-08-03 (CONTINUED FROM
DECEMBER 8, 2003 MEETING)
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTIONS
4. SUMMARY EXPLANATION &BACKGROUND: VARIANCE REQUEST TO ALLOW THE
FOLLOWING:
a)Variances: i)to allow a wall located 6"from property line; 5 feet is required;
ii)to waive the requirement for a hedge on the outside of the screen wall. (Chapter
26,Article IV of the City Code).
iii)to allow the applicant to provide 31 parking spaces;40 are required.
b)Waiver: to allow 5 foot terminal islands and 5 foot landscape buffer adjacent to SE 2 Ave; 10
foot is required.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
• Resolution
Comment Sheets
Letter from Applicant
Letter from Sheridan Center Company
No objection letters
Unity of Title Agreement for First Baptist Church
Recorded Release for the First Baptist Church
Variance Application
Public Hearing Notice
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended denial of variance requests (a) and (b);
and the Planning and Zoning Advisory Board recommended approval of variance request(c)
at their February 19,2003 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date July 20, 2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: July 27, 2004
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: SP-07-03/VA-08-03/VA-37-04: Request by John Bartley,
agent for First Baptist Church of Dania Molding, Co. Inc., for
site plan, variances and waiver for the property located on the
east side of SE 2"d Avenue between Sheridan Street and SE
14t' Street.
Site Plan:
To construct a 5,000 square foot place of worship and related parking area.
® Variances:
1. To allow a wall located 6"from property line; 5 feet is required.
2. To waive the requirement for a hedge on the outside of the screen wall.
(Chapter 26, Article IV of the City Code).
3. To allow the applicant to provide 31 parking spaces; 40 are required.
Waiver:
To allow 5 foot terminal islands and 5 foot landscape buffer adjacent to SE 2"d
Avenue; 10 foot is required.
On April 22, 2003 the City Commission continued the proposed site plan and
variance requests. The subject property includes two parcels located at the
northeast corner of Sheridan Street and SE 2 Avenue and is zoned Commercial (C-
2). The majority of the church parking is located at the northeast corner of S.E. 15d'
Street and S.E. 2"d Avenue.
® The property located to the east and west of the church site is developed as retail or
office use. The property to the east, west, and north of the parking lot site is
residential.
1
O SITE PLAN
The Broward County Traf icways Plan calls for a 200 foot wide right-of-way (ROW)
along this portion of Sheridan Street, or 100 feet from the centerline of the road.
The property owner must dedicate the south 47 feet of the church parcel for future
road ROW consistent with the Trafficway Plan. As such, no buildings are permitted
within the future ROW area. The applicant initially applied to Broward County for a
Trafficway Waiver, but has since withdrawn his request and relocated the church 48
feet from Sheridan Street consistent with the Trafficways Plan.
Public Services, Community Development, and the Fire Marshall have reviewed this
project. In June 10, 2003, the City's Utilities and Public Works director (see
attached) approved the proposed church driveway and landscaping located east of
SE 2 Avenue subject to the following conditions:
• Radius of the drive must not exceed 5 feet.
• The centerline of the drive is at least 50 feet from the pavement of
Sheridan Street.
• Landscaping must consist of trees only in the swale & may not
interfere with the sight triangle as defined by DOT standards.
OThe applicant has complied with these conditions.
Based on plans rendering received May 28, 2004, a folded color rendering for the
file must be submitted. Staff is recommending the building be painted to articulate
the window moldings and trim, providing additional visual interest.
VARIANCES
1. To allow a wall located 6"feet from property line; 5 feet is required.
Allowing the wall to be placed on the property line will provide a 14 foot to 18 foot
landscape buffer between the parking lot and any single family homes. The
applicant hsd provided six signatures (see attached) of adjacent residents who do
not object to the proposed wall location.
Staff has received no objections to this variance and supports the request.
2. To waive the requirement for a hedge on the outside of the screen wall.
The Zoning Code requires that a hedge be planted on the exterior of a perimeter
wall. The applicant is proposing to locate the perimeter wall 6" from the property
Oline, leaving no room for hedge to be planted on the outside of the wall.
Staff has received no objections to this variance and supports the request.
2
O3. To allow the applicant to provide 31 parking spaces when 40 are required.
On April 22, 2003 the City Commission continued the proposed site plan and
variances request to allow the applicant to provide additional perimeter buffers.
Specifically, the City Commission requested that additional landscape area be
provided between the parking lot and east property line, which is adjacent to single
family houses.
In response, the applicant eliminated three parking spaces to provide an additional
10 feet of landscaping, thus providing 14 — 18 feet between the parking lot and east
property line.
Of the 37 parking spaces provided, six parking spaces are located within the future
right-of-way (ROW) of Sheridan Street. In the event the road is expanded, these six
(6) spaces may be removed to provide for roadway improvements. While no money
has been identified to widen the road at this location, the variance has been framed
to accommodate any possibility for widening the road (Policy 12.02.05 of the
Broward County Land Use Plan). This is why the variance is based on 31 spaces,
when 37 spaces are shown on the site plan.
Staff recommends approval.
O WAIVER
To allow 5 foot terminal islands and 5 foot landscape buffer adjacent to SE 2"d
Avenue; 10 foot is required.
The City Commission can approve a 5 foot landscape buffer between sidewalk and
parking on west side of parking lot (10 feet required). The applicant is providing a
14 to 18 foot wide landscape buffer along the east property line maximizing the
separation of the parking lot from the residential houses to the east. To provide the
parking buffer on the east, it is necessary to reduce the buffer adjacent to SE 2"d
Avenue from 10 feet to five feet.
Staff recommends approval.
PLANNING AND ZONING ADVISORY RECOMMENDATION;
Original Site Plan
The original site plan complied with parking but not landscaping. The Planning and
Zoning Board recommended approval of the site plan subject to compliance with
landscape requirements.
3
The Planning and Zoning Board will hear the parking variance request on July 21,
therefore their recommendation will be provided at the City Commission meeting.
0
CITY COMMISSION PREVIOUS ACTION
On April 22, 2003 the City Commission continued the proposed Site Plan and
Variances, directing the applicant to provide additional landscape buffers to the east
and north of the parking lot.
STAFF RECOMMENDATION:
Revised Site Plan
Staff recommends approval of the site plan, variances and landscape island waiver.
0
4
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MaT CAD Designs
Michael A. Talotta
To: Corrine Church
Re:Comments Dated 5/26/04
Dear Ms.Church:
In response to your comments dated above,another party is handling items 1,1,3,and 7.
Item 2 about the"windows"on the East Elevation I wouldn't call them fake. They are going to be a 6"x 5/8"stucco band
applied to the buildings body stucco finish,will lightly textured. See attached drawing for detail.
Item 6. We have provided hedges along the inside of the privacy wall located along the North property line. On the other
side of the wall,we have provided a double row of trees. The adjacent property owner preferred trees to the hedges. A letter
on their behave has been supplied to the city concerning this matter. The wall along the rear of the property fronting Dania
Beach Homes gets a row of hedges on the inside,the residential side of the wall is being landscaped with Cabbage Palms.Per
the master sites plan for Dania Beach Homes.
OAll other items referencing"Landscape Calculations",a landscape calculation chart has been provided on Sheet LSP-3. If
this chart doesn't meet the city's needs please forward a format that is acceptable and meets the needs of your department.
Sincerely,
Michael A. Talon
i
MAY 2 8 2004
O605 Southwest 4 Avenue• Dania Beach, Florida 33004
(954)921-8966 9 Email: matcad@bellsouth.net
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LANDSCAPE CALCULATIONS
LOT 1
VUA LANDSCAPING REQUIRED: 1,832 SQ FT 20% 6.9
VUA LANDSCAPING PROVIDED: 1,679 SQ FT 19% 8.6
480.04 FT 120= 24
LANDSCAPE BUFFER PROVIDED: 29
LOT 2
VUA LANDSCAPING REQUIRED: 778 SQ FT 20% 8
VUA LANDSCAPING PROVIDED: 3,042 SQ FT 78% 9
382.71 FT /20= 19
LANDSCAPE BUFFER PROVIDE: 19
TOTAL ISLANDS PROVIDED: 14 28
(2 TREES PER ISLAND AT 14 ISLANDS)
TOTAL TREES REQUIRED IN PREVIOUS AREA: 12,454 SQ FT /2500= 5
(1 TREE PER 2500 SQUARE FEET)
TOTAL SHURBS REQUIRED IN PREVIOUS AREA: 12,454 SQ FT/2500= 40
(8 SHRUBS PER 2500 SQUARE FEET)
TOTAL OF 16 ADDITIONAL TREES . 16
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TOTAL TREES REQUIRED: 92
TOTAL TREES PROVIDED 92
TOTAL HEDGES PROVIDED 528
L
NOTE: FOR BUFFERS PROVIDE (1) TREE PER 20 LINEAR FEET AND 24" HIGH CONTINUOUS
s (BRANCH TOUCHING BRANCH) HEDGE AROUND ENTIRE PERIMETER OF SITE. .
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First Baptist Church-revisions 5-26-04
Corinne Church, AICP, Principal Planner
1. Provide authorization from County Engineering allowing proposed improvements (i.e.
lighting, landscaping, parking, drive isle & signage) within required row dedication. THIS
INFORMATION WAS REQUESTED IN THE CITY COMMISSION STAFF REPORT DATED
APRIL 22, 2003. Not provided in March 30, 2004 submittal by the applicant.
AGAIN NOT PROVIDED IN MAY 25, 2004 SUBMITTAL.
1. A color building rendering has not been provided. THIS INFORMATION WAS REQUESTED
IN THE CITY COMMISSION STAFF REPORT DATED APRIL 22, 2003. Not provided in
March 30, 2004 submittal by the applicant. AGAIN NOT PROVIDED IN 5/25/04
SUBMITTAL.
2. Identify on Sheet A-1, 2 windows north of door as fake.
3. Site plan, landscape plan and photometric plan must be signed and sealed. THIS
INFORMATION WAS REQUESTED IN THE CITY COMMISSION STAFF REPORT DATED
APRIL 22, 2003. Not provided in 5/25/04 submittal.
4. Provide documentation AND CALCULAIONS of required 1 tree per 200 square feet of the
required landscaping in the VUA minus the landscape islands has been met. NOTE: See
• comment #5. THIS INFORMATION WAS REQUESTED IN THE P&Z STAFF REPORT
DATED FEBRUARY 19, 2003. Not provided in March 30, 2004 submittal by the
applicant. AGAIN NOT PROVIDED IN 5/25/04 SUBMITTAL.
5. Indicate on the landscape data table the required two trees in each landscape of the
landscape islands. There are 14 required landscape islands that require a total of (28)
trees with a minimum of one (1) tree in each island and the others can be arranged
onsite to enhance the overall project. NOTE: See comment #5. THIS INFORMATION
WAS REQUESTED IN THE P&Z STAFF REPORT DATED FEBRUARY 19, 2003. Not
provided in March 30, 2004 submittal by the applicant; data table still missing.
AGAIN NOT PROVIDED IN 5/25/04 SUBMITTAL.
6. Indicate the landscape buffer requirement on the landscape data table hedge around the
entire perimeter of the sites (including both sides of the walls). Not provided in March
30, 2004 submittal by the applicant; data table still missing. AGAIN NOT
PROVIDED IN 5/25/04 SUBMITTAL.
7. Provide at least the conceptual civil engineering drawings to review for possible conflicts
between utilities or retention areas and the proposed landscape. Also, advise if existing
grade changes are proposed near existing preserved trees. THIS INFORMATION WAS
REQUESTED IN THE CITY COMMISSION STAFF REPORT DATED APRIL 22, 2003.
Not provided in March 30, 2004 submittal by the applicant; no civil drawings
0 provided. AGAIN NOT PROVIDED IN 5/25/04 SUBMITTAL.
The remaining items to be addressed by Bill Tesauro, Landscape Consultant.
}
8. Provide the required mitigation of 20 additional 12' tall, 6' spread, 4.5' CT, 2' DBH trees
and Florida Grade #1 (in addition to the required trees) or $6,000.00 shall be donated to
the Dania Beach Tree Fund. Also, provide a tree survey. THIS INFORMATION WAS
REQUESTED IN THE P&Z STAFF REPORT DATED FEBRUARY 19, 2003 & IN THE CITY
COMMISSION STAFF REPORT DATED APRIL 22, 2003. Type "D" curbing detail not
provided in 5/25/04 submittal.
9. Provide a tree protection barricade details and Type "'D" curbing details at 5"'high on the
landscaping plans. Provide detail of both. THIS INFORMATION WAS REQUESTED IN THE
CITY COMMISSION STAFF REPORT DATED APRIL 22, 2003.
10.Please correct the plant list on the Calophyllum from 23 to 22, the Ligustrum from 12 to 9
and the Silver buttonwood from 17 to 16. Also, change the spacing of the wart fern to 18"
on center. Lastly, change the 6' CT on the Cabbage palms to 6' of wood and recommend
swapping the locations the Cabbage palms with the adjacent Callophyllum to create a
better design. Required do to plan changes made by the applicant.
- CITY OF DANIA BEACH C
ROUTING SHEET
100 W. Dania Beach Blvd.
• Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954)922-2687
Date: 05/26/04 Folio#: 5142-03-07-0690
Project Name: First Baptist Church ( revised) Project: SP-07-03/VA-08-03
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED
IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING
AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND
COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
2C FIRE MARSHAL: Ed Tarmey
❑ UTILITIES DIRECTOR: Fernando A Vazquez
❑ PRINCIPAL PLANNER Corinne Church
❑ LANDSCAPING CONSULTANT: Bill Tesauro
• APPROVED AS SUBMITTED: COMMENTS MUST BE ADDRESSED
AND RE-SUBMITTED FOR REVIEW
DENIED: [ ] PRIOR TO COMMISSION APPROVAL.
APPROVED WITH CONDITIONS: [ ]
List conditions: Please review revised site plan and return with comments if any.
- 1a>5�rrls�l
Signature
Print Namer
• toll
0`f
Date
Ed T 01.21-04.doc
FIRST BAPTIST CHURCH
213 SHERIDAN ST. SUITE 1 • MANIA BEACH, FL 33004
7MTEL: (954) 920-9090 • FAx: (954) 367-0397
July 31, 2003 __..
E t
t
Mayor Robert Anton AUG - j 2003
City of Dania Beach _
100 W. Dania Beach Boulevard ---_____._.
Dania Beach,Florida 33004 - -
Dear Mayor Anton:
The First Baptist Church of Dania Beach is pleased to inform you that we are
planning to construct a new building for our congregation on the corner of
Sheridan Street and SE 2nd Avenue. The new facility will have a worship
area, multiple purpose room, kitchen and office space and will allow us to
better serve the needs of our congregation and the community.
• The design for the new building, parking area and landscaping provide what
we consider an aesthetically pleasing and efficient use of our land. We have
been advised that Broward County requires that we dedicate 58 feet on the
southern boundary of our property along Sheridan Street for future roadway
use under their tafficways plan. The requested dedication will require us to
redesign our current plans. We believe the amount of land requested by
Broward County exceeds the space they will require for any future expansion
of Sheridan Street and will adversely impact our development plan. It is for
this reason that we are filing an Application for a Waiver of the Broward
County Trafficways Plan Dedication Requirements and ask that Broward
County reduce the amount of the dedication by 10 feet. A waiver of 10 feet
will provide Broward County adequate area to construct future roadway
improvements while allowing us to proceed to build our new facility as
planned. We have enclosed a preliminary site development plan to illustrate
the location of our proposed improvements based on approval of the 10 foot
waiver.
The Application for Waiver of the Trafficways Plan Dedication includes the
recommendation of the municipality where the real property is located.
f I
•
Broward County will consider the recommendation of the local government as
one of the factors in deciding on our request. We respectfully request that
Dania Beach City Commission recommend approval of our application for a
waiver of 10 feet from the requirements of the Broward County Trafficways
Plan Dedication Requirements. It is our understanding that the Planning
and Zoning Board has reviewed our Application for Waiver and is in favor of
our request.
Thank you for your consideration of our request, and please feel free to
contact me if you need additional information regarding this matter.
Very truly yours,
4i• tor: Rev. Richard Austin
RA/af
cc: C.K. McElyea, Vice Mayor
Robert H. Chunn, Jr., Commissioner
Pat Flury, Commissioner
Robert Mikes, Commissioner
Ivan Pato, City Manager
Larry Leeds, Director of Growth Management
•
•
August 25, 2002
Pastor Richard Austin
First Baptist Church of Dania
213 East Sheridan Street
Dania Beach,FL 33004
RE: Use Of Our Parking Spaces by First Baptist Church of Dania
Dear Pastor Austin,
Per our conversation,this is to confirm our agreement to allow your church to use the 11
parking spaces on the west side of our parking lot, as overflow parking, if needed. We
understand that this would be limited to Sunday mornings, when our business tenants do
not use this area.
We are happy to offer this at no charge. We also appreciate the clean up work and
beautification efforts you have made, as our new neighbors. The area looks much better
® already.
We pray that many neighbors will come and worship in your new facility. God bless
America.
Sincerely,
SBERIDAN CENTER CO.
ames A. Van Drunen
President
2100 South Ocean Lane, 41404
Fort Lauderdale, FL 33316
954-524-0604
��►, Andrea Barron
My commission CC996891
a w�f Expires April 04,2005
® JA N % 2O03
CITY OF DAN
Utilities and Public Works Phone : 954-924-3742
P. 0. Box 1709 Fax: 954-923-1109
Dania Beach FL 33004
September 4, 2003
First Baptist Church
Pastor Richard Austin
SE 2r°Ave
Dania Beach, FL 33004
Having reviewed the Broward County MPO and the project plan from FDOT the City of Dania Beach
has no objection to the waiver of a ten foot right of way requirement provide the city receives a Hold
Harmless agreement from the owner of the property which must be filed with the appropriate
agencies.
If you have any question or concerns please call.
Sincerely,
i
Director of Public Services
Cc: City Manager, Ivan Pato
City Attorney, Thomas Ansbro
Community Development Director, Lawrence Leeds
•
CITY OF DANIA
Utilities and Public Works Phone : 954-924-3742
P. O. Box 1708 Fax: 954-923-1109
Dania Beach FL 33004
June 10, 2003
Doreen Bartley
201 S.E. Second Ave
Dania Beach, Florida 33004
RE: Curb cut and Landspcaping for the First Baptist Church proposed for the property located on the
east side of SE 2"d Ave
The city of Dania Beach Public Works Department has no objection to the Curb cut and Landscaping
for the First Baptist Church proposed for the property located on the east side of SE 2"d Ave with the
• following conditions. The radius of the drive must not exceed 5 feet, the centerline of the drive must
be a minimum of 50 feet from the pavement of Sheridan Street. Landscaping must consist of trees
only in the swale and may not interfere with the sight triangle as defined by DOT standards.
Since r ly,
chael J. h a , P.
Director, Public Works & Utilities
7ill
I 1 ZX4 f i
I
4/24/2003
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, Florida 33004
Attn: Commissioners:
The intent of this letter is in regard to the proposed First Baptist Church. As
the owners of 1327 SE 2 d Ave we have no objections for a proposed 6' wall with 9' of
green area and dq not object to having a variance passed on the required number of
parking spaces.
Thank You,
Marc Matthieu
Isabelle Galupa
4/24/2003
City of Dania Beach Commissioners
100 W. Dania Beach Blvd
Dania Beach, Florida 33004
Attn: All Commissioners:
This letter is in regards to the proposed First Baptist Church. As the owners of
1403 SE 2°d Ave. the duplex directly adjacent to the North wall of the proposed parking
lot for the First Baptist Church, we have no objections to having a 6' wall with 9' of
green area. Furthermore we do not object to there being a variance for the number of
required parking spaces.
Thank YOU,
Jovan Solic
Radinka Solic
h Enjedi
Margaret Enjedi
.-`^ram++—...�._....... .
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WE`ISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
BROWARD OFFICE
MITCHELL A.BIERMAN JOHN R.HERIN,JR.
NINA L.SONISKE 3107 STIRLING ROAD, SUITE 300 CHRISTOPHER F.KURTZ
JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 HARRIET R.LEWIS'
EDWARD G.GUEDES PETER A.LICHTMAN
STEPHEN J.HELFMAN KAREN LIEBERMAN*
GILBERTO PASTORIZA JAMIE ALAN COLE MATTHEW H. MANDEL
JOSEPH H.SEROTA MANAGING SHARE HOLDER-BROWARD OFFICE BERNARD S.MANDLER*
NANCY E.STROUD MICHAEL J.MARRERO
RICHARD JAY WEISS ALEXANDER L.PALENZUELA-MAURI
DAVID M.WOLPIN TELEPHONE (954) 763-4242 MICHAEL S.POPOK*
STEVEN W.ZELKOWITZ TELECOP.IER (954) 764-7770 ANTHONY L.RECIO
WWW.WSH-IrLALAW.COM GARY 1.RESNICK*
MIAMI-DADE O►FICE MARK A.ROTHENBERG
THOMAS J.ANSBRO* 2665 SOUTH BAYSHORE DRIVE•SUITE 420 SCOTT A.ROBIN
LILLIAN ARANGO DE LA HOZ DANA J.SCHINDLER
MIAM1,FLORIDA 33133
ALISON S.BIELER TELEPHONE(308)884-0800 0 TELECOPIER(305)854-2323 GAIL D.SEROTA'
MITCHELL J.BURNSTEIN ARI C.SHAPIRO
ELAINE M.COHEN JEFFREY P.SHEFFEL
STEPHANIE DEUTSCH' *OF COUNSEL JOSE S.TALAVERA
DOUGLAS R.GONZALES SUSAN L.TREVARTHEN
April 4,2003
VIA FACSIMILE AND U.S.MAIL
Larry Leeds,Growth Management Director
City of Dania Beach APR _ 2G03
100 West Dania Beach Blvd.
Dania Beach,FL 33004
Re: Unity of Title Agreement for First Baptist Church
Dear Larry:
This will confirm my earlier correspondence (sent by "e"-mail) that I reviewed the referenced
agreement and it is acceptable as to legal form and effect,i.e., that upon recording in the Broward County
Public Records, it will act as a consolidation of the specified property into one site for purposes of
meeting City parking requirements. This does not constitute approval of any zoning requirements (i.e.,
approval of size of consolidated site as suitable for parking use,proper zoning,number of parking spaces
and similar zoning code requirements, including requirements in the Supplementary Lot Regulations
recently amended by the City Commission, since I have no information or knowledge of those
requirements as applied to the property).
Very truly yours,
Thomas J. Ansb o
566.013-28
TJA:slw
cc: Corrine Church, City Planner
Prepared by and return to:
Christopher J. Ryan, Esq.
Ryan&Ryan,LLC
700 East Dania Beach Blvd., 3`d Floor
Dania Beach, FL 33004
UNITY OF TITLE AGREEMENT
This Unity of Title Agreement is made and entered into by and between FIRST BAPTIST
CHURCH OF DANIA HOLDING COMPANY, 213 East Sheridan Street, Suite 1, Dania Beach,
Florida 33004,hereinafter referred to as"Owner", and the CITY OF DANIA BEACH, 100 West
Dania Beach Boulevard,Dania Beach,Florida 33004,hereinafter referred to as"City".
WHEREAS, Owner represents to City that it is the fee simple owner of the following
described real property,hereinafter referred to as"Subject Property",located within the City,to wit:
LOTS 16, 17 AND 18 LESS THE NORTH 28 FEET THEREOF,BLOCK 3 AND
LOTS 19 AND 20,BLOCK 2,OF SAINT DAMES PARK-NORTH,ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 33, OF
THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA.
WHEREAS,Owner desires to construct new structures on the Subject Property for worship
services and related activities; and
a
WHEREAS,the City's zoning code contains certain requirements for motor vehicle parking
which must be met in order for Owner to construct the desired improvements; and
WHEREAS, the Subject Property is of sufficient size to allow for the construction of the
desired improvements and meet the City's zoning code requirements for motor vehicle parking;and
WHEREAS, City is requiring that the Subject Property remain as one parcel to ensure that
Owner remains in compliance with the motor vehicle parking requirements contained in the City's
zoning code.
NOW, THEREFORE, in consideration of the foregoing and other consideration, the
1
C C-
adequacy and receipt of which are hereby acknowledged, and it is agreed by the parties:
1. The foregoing recitals are true and correct and are incorporated by reference herein.
2. Owner warrants,covenants,agrees and represents to City that for as long as the Subject
Property is used for worship services and related activities Owner will not transfer, convey or
alienate any right, title or interest in the Subject Property to any person or entity which results in
ownership of the Subject Property being less than the real property herein described.
3. It is the express intent of the parties that for all purposes, all provisions of this
Agreement shall be construed and interpreted as"covenants running with the land", i.e., binding
upon the Owner, its successors and assigns.
4. This Agreement may not be changed, altered or modified except by an instrument in
writing signed by all parties against whom enforcement of such change would be sought.
• 5. It is further understood and agreed that City is relying upon the representations made
by Owner and that this Agreement shall be recorded in the Public Records of Broward County,
Florida, at Owner's expense.
IN WITNESS OF THE FOREGOING, the Owner has signed this Agreement on April
2003.
ATTEST: FIRST BAPTIST CHURCH OF DANIA HOLDING
COMPANY,a Florida not-for-profit corporation
By: , B
WILLIAM E. FOX, JR. RICHARD AUSTIN,
Vice President President
STATE OF FLORIDA )
COUNTY OF BROWARDis )
I hereby certify that on the day of April,A.D., 2003, before me personally appeared
RICHARD AUSTIN and WILLIAM E.FOX,JR. as President and Vice President,respectively,of
2
the FIRST BAPTIST CHURCH OF DANIA HOLDING COMPANY, to me known to be the
• persons described and who executed the foregoing Unity of Title Agreement and they acknowledged
the execution thereof to be their free act and deed as such officers,for the uses and purposes therein
mentioned.
WITNESS my hand and official seal at Dania Beach in the County of Broward, State of
Florida.
I
ANoPublic
My C
""•,,• CHRI370PHER a RYAN
., W COMMISSION►CC N2s94
EXPIRES:December 17,2004
Woo
ded m muru PkMrm i wm�
ATTEST: CITY OF DANIA BEACH,
a Florida municipal corpo
By: By:
G r. ene o nson Iv n ato
City Cler City Manager
STATE OF FLORIDA )
COUNTY OF BROWARD )
I hereby certify that on the �TA' day of A.D., 2003, before me
personally appeared ar/.en jahA oW and ly��J -/�a fn as
and e ,respectively,of the CITY OF DANIA BEACH,to me known to be the
persons described d who executed the foregoing Unity of Title Agreement and they acknowledged
the execution thereof to be their free act and deed as such officers,for the uses and purposes therein
mentioned.
WITNESS my hand and official seal at A0 ,M*—&k! in the County of Broward, State
of Florida.
Notary Public - Low n Gunn shy k n^
My Commission E c
F rt0 LOU ANN CUNNINGHAM
c My Comm EV.Z204
" PUBLIC No.CC 889636
wwo(I Odw i.a 3
LAW OFFICES
RYAN & RYAN9 LLC
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
• DANIA BEACH,FLORIDA 33004-3090
ARCHIE J.RYAN III
TIMOTHY M.RYAN TELEPHONE(954)920-2921
CHRISTOPHER J.RYAN* October 15, 2003 FACSIMILE(954)921-1247
JOSHUA S.PINSKY
Board certified city,
County and Local
Government Lawyer
Thomas J. Ansbro,Esq.
Weiss Serota Helf nan Pastoriza
Guedes Cole&Boniske,P.A.
3107 Stirling Road, Suite 300 _ C ��-
Fort Lauderdale, FL 33312
Re: First Baptist.Church of Dania Holding Company
Our File No. 18567E
Dear Tom:
• Enclosed please find a copy of the recorded Release for the First Baptist Chur_ch..of'Dania
Holding Company relating to the right-of-way waiver on Sheridan Street' do ANR2nd Avenue.
Thank you for your professional courtesies in this matter,and please feel free to contact me
if you have any questions regarding same.
Ve yours,
CH ER J. RYAN
CJR.cbe
Enclosure
cc: First Baptist Church(w/encl.)
•
' 4
' 1
INSTR#103382934
OR BK 36206 Pages 4-6
RECORDED 10/08/0313:17:51
BROWARD COUNTY COMMISSION
• DEPUTY CLERK 1004
#1,3 Pages
DOCUMENT COVER PAGE
Incorporated In and becoming a PERMANENT PART of: This Space Reserved for County Recorder Use
Document Description: RELEASE
(Title of document-I.e. Warranty Deed,Mortgage,Assignment of Mortgage)
Executed by: FIRST BAPTIST CHURCH OF DANIA HOLDING COMPANY
To:
CITY OF DANIA BEACH' FLORIDA
Brief Legal Description: Lots 16, 17 and 18 less the south 28 feet, Block 3 and
(it applicable) Lots a zu, block z, — , P —
RYAN & RYAN, LLC
WILL GALL BOX 60
*Return Recorded Document to:
(Name&Address)
Christopher J.Ryan,Esq.
Ryan&Ryan, LLC
— 700 E. Dania Beach Blvd. 3rd FL _
_ Dania Beach, Florida 33004-3090 -
{
has been made by the parties to this Release and that the terms of the Release are contractual and
• not a mere recital.
This Release shall be governed by and construed in accordance with the laws of the State
of Florida. Releasor agrees to record this document in the Broward County Public Records
against the Church property legally described above, at Releasor's expense and to furnish City a
recorded copy of it.
IN WITNESS OF THE FOREGOING, the undersigned executed this document on
±_, 2003.
WITNESSESS
FIRST BAPTIST CHURCH OF DANIA
Si afar HOLDING COMPANY, a Florida not-for-
profit corporation
V" O/1 V Richard Austin, President
Print Name
• ATTEST:
Signature
William . Fox, Jr., ice Presi t
1 een les
Print Name
STATE OF FLORIDA )
)SS:
COUNTY OF BROWARD )
I CERTIFY that on 9 , 2003, before me, an officer duly authorized in the State
aforesaid, before me appeared Richard Austin who is personally known to me (or who provided
VL TDrtw�;;- Laccr�se as identification) and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes expressed in it.
_ NOTARY PUBLIC, State of Florida at Large _
My Commission ExpireFX0TAR1YFLMX9rA1T0FRbRMA
00MMMNaC)C44 M
$A1T EXPIMT 19 2004 u
RELEASE
• The FIRST BAPTIST CHURCH of Dania Holding Company, a Florida not-for-profit
corporation, and its successors, heirs, assigns, executors,personal representatives, administrators,
agents, representatives, attorneys and any person and any entity claiming by, through or under it
("Releasor"), for and in-consideration of the sum of TEN DOLLARS ($10.00), and other good
and .valuable consideration, the receipt and adequacy of which are acknowledged; remises,
releases, acquits, satisfies and forever discharges CITY OF DANIA BEACH, FLORIDA,
including its elected officials, officers, employees, agents, successors, assigns, and all other
persons and entities claiming by through or under it ("Releasees'), from every and any manner
of action and actions, cause and causes of action, damages, suits and claims and 'demands
whatsoever, whether known or unknown, in law or in equity, which Releasor ever had, now has,
or which Releasor, or anyone claiming by, through or under Releasor subsequently can, shall or
may have against Releasees, upon or by reason of any matter, cause or thing whatsoever,
specifically including, but in no way limited to, all matters arising from or relating to issuance by
' Releasee City of Dania Beach to Broward County, Florida of a letter or statement of "no
objection"to waiver by Broward County of a ten foot (10') right-of-way requirement imposed by
• the Trafficways Plan of Broward County, Florida for the possible future road-widening of
Sheridan Street, specifically including that portion of the street adjacent to property owned by
the Church and located at the northeast.comer of Sheridan Street and SE 2nd Avenue in the City
of Dania Beach, Florida. Releasor also specifically releases Releasees from any claims for
compensation of any kind for any taking or destruction of any Church property, real, personal or
both and any improvements, in the event the Sheridan Street roadway is widened and Church
land, personalty, improvements or any of the foregoing are taken, destroyed.or demolished, in
whole or in part, by eminent domain or otherwise. The legal description of the Church property
is Lots 16, 17 and 18 less the south 28 feet thereof, block 3, and lots 19 and 20, block 2, of St.
James Park-north, according to the plat thereof, as recorded in Plat Book 3, Page 33, of the
Public Records of Broward County, Florida. Releasor further agrees to indemnify, defend and
hold Releasees free and harmless from any and all claims of any nature or kind whatsoever by
any individual or entity whatsoever arising from or in connection with the foregoing right-of-
way improvement, widening or both.
It is further understood and agreed by and between the parties identified in this Release
• that no promise, assurance, warranty, representation or agreement not expressed in this document
APPLICATION NUMBER: Date stamp'
VA_ 0$... 0 CITY OF DANIA BEACH
100 WEST DANIA BEACH BLVD.;
• DANIA BEACH, FL 33004 ' . F E B - 5 2003
(954) 924-3645
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance of the parcels)of land described in this application.
NAME OF APPLICANT: J p Irl n F)aT- Phone: 95c4-4..'7-(),,-7q 3
ADDRESS OF APPLICANT: 20 ( S & and ve, Fax: Qa 7-1$Sd
PROPERTY INTEREST OF APPLICANT: A -}-
NAME AND ADDRESS OF PROPERTY OWNER: Fl r5+ U O Dan ict H&Uf
ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: ')fix•
�Ol EQ5-� Sher�clar)
PRESENT ZONING: jLLL. LOT SIZE/AREA:
PRESENT/PROPOSED USE OF PROPERTY:
• DESCRIPTION OF VARIANCE (S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED—PLEASE CONTACT THE ZONING DEPARTMENTFOR ASS/STANCE Vi/ITH THE ZONING REGULATIONS AND ARTICLE NUMBERS):
JOUA A k/v 0 ARi.4.Yc 5
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
a orne
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A
VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City Commission and Planning and Zoning
Board will consider this application.
1) Describe how 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.
•
I
2) Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant.
•
3) Describe how granting the requested variance(s) will not confer any special privilege on the applicant
that is denied by the zoning code to other lands, buildings or structures in this same zoning district.
4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the
applicant of rights commonly enjoyed by other properfies in the same zoning district and would work
unnecessary and undue hardship on the applicant.
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
• 6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the
zoning code, and that such varlance(s) will not be injurious to the area Involved or otherwise
detrimental to the public welfare.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request.
J e to lam, WCL( wq�! - ICi ��..�
�
• m m m m m m v m m o m - a m m m o ® m e m m m ® m m
This is to certify that I am the owner of the subject land(s) described above in the petition for variance •
(Complete only If applicable) I have also authorized the undersigned petitioner
to make and file this applicatio ;vance.
RE
STATE OF FLORIDA Print Name: s �� __
COUNTY OF BROWARD
2=�7T forgoing �trume n
nt was ack d before me on�_ 3 _,2001 by
_� ,as[title] for[name of enti )
--
as identification. _`
a Florida Corporation,who is personally known to me or produced
My Commission Expires: r;fx:P«'••, _
„o�,f' cc, stc i ^r NOTARY PUBLIC
sir...
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LLA�NNDS D SCRJBED ABOVE IN THE APPLICATION FOR VARIANCE AND THAT
I HAVE AUTHORIZED T,(,.• �o.e /is y TO MAKE AND FILE THE AFORESAID
• APPLICATION.
ySl Ufa OF PRQP- - _
STATE OF FLORIDA Print Name: Y /
COUNTY OF BROWARD --
e fo i instrument was ackpwl d end before me on Zf!_ 2001 by
as[title]-�_—_ for[name of entity]
a Florida Corporation,who is personally known to me,or produced
as identification. ,rya vv"�••• Herman C.Bader,Jr. A
ODD
My My Commission Expires: �' �FSpitag;A�9,2005 __
� ROTARY PUBLIC
Check list for Planning Dept: Plan Fee Survey
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH Cente,►niol
VA-08-03 /VA-37-04 J904-2004
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on July 27,
2004 at 7:00 p.m., or as soon thereafter as possible, in the Commission Chambers in the City of
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:
Request by John Bartley, agent for the First Baptist Church of Dania Holding, Co., Inc, for the
following approvals for property located on the east side of SE 2"d Avenue between Sheridan Street
and SE 14 Street.
VA-08-03 -Variances to allow the following:
a) Variance to allow a single row of trees, forty (40) foot off-center, planted in the area between
the wall and the parking area A double row of trees, each row forty (40) foot off-center,
planted between the wall and the parking area is required by Chapter 26, Article IV
Landscaping.
b) To allow a wall located 0 feet from property line; 5 feet is required.
c) General Landscape Variance; Chapter 26, Vegetation, Article IV Landscaping.
VA-37-04 — Variance to allow the applicant to provide 31 parking spaces when 40 are required.
(Chapter 28, Zoning, Article 6— Schedule of Off-Street Parking Requirements)
• Waiver - to allow five (5) foot terminal islands and five (5) foot wide landscape buffer adjacent to SE
2"d Avenue; (A ten (10) foot wide landscape buffer is required by Chapter 26, Article IV Landscaping).
Legally described as: Lots 16, 17 and 18 less the south 28 feet thereof,block 3 of St. James Park
North according to the plat thereof as recorded in Plat Book 3, Page 33 of the Public Records of
Broward County Florida. Along with: Lots 19 and 20, Block 2 of St. James Park North, according to
the plat thereof as recorded in Plat Book 3 page 33 Public Records of Broward County, Florida.
Subject to easements, restrictions and reservations of record, if any.
Copies of the proposed petitions are available for viewing in the Department of Community
Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m.
and 4:00 p.m., Monday — Friday. 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) 924-3624, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Dania Beach 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.
. LouAnn Cunningham
Planning Associate
Mailed: July 16, 2004
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