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HomeMy WebLinkAboutR-2004-135 VA-39-04 NW COMMUNITY OUTREACH CTR • RESOLUTION NO. 2004-135 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH, FROM CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET REQUIREMENTS AND FROM CHAPTER 26, VEGETATION, ARTICLE IV LANDSCAPING,FOR PROPERTY LOCATED AT 56 NW 8'm AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning, Article 6.21 prescribes the off-street parking requirements within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 26 Vegetation, Article VI Landscaping prescribes the landscape requirements within the City of Dania Beach; and WHEREAS, the City of Dania Beach has applied for a variance (VA-39-04) to allow: 1) One (1) onsite parking space and ten (10) off site parking spaces (Total of I 1 spaces provided). 2) Generalized landscape variance, associated with the construction of a Community Outreach Center at 56 NW 8th Avenue, in Dania Beach; and WHEREAS, the Planning & Zoning Board on July 21, 2004, recommended that the City Commission grant variance request VA-39-04 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; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-39-04, for a variance as described above(from requirements in Chapter 28, Zoning, Article VI, Off-street parking requirements and Chapter 26, Vegetation), a copy of which is attached as Exhibit "A" is approved; provided however, that VA-39-04-COMMUNITY OUTREACH CTR 1 RESOLUTION NO.2004-135 construction of the Community Outreach Center shall consist of material other than wood to the maximum extent possible. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3.That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS loth DAY OF AUGUST, 2004. C.K. MCELYE MAYOR— COMMISSIONER -ATTEST: ROLL CALL: ® COMMISSIONER ANTON - YES COMMISSIONER CHUNN- YES L"OUISE STILSON COMMISSIONER FLURY -YES CITY CLERK VICE-MAYOR MIKES —YES MAYOR MCELYEA - YES APPROVED AS TOW AND CORRECTNESS: BY: TH M S J. ANARO CITY ATTORNEY VA-39-04-COMMUNITY OUTREACH CTR 2 RESOLUTION NO. 2004-135 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: AUGUST 10,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING-VARIANCE REQUEST VA-39-04 (COMMUNITY OUTREACH CENTER) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: VARIANCE REQUEST BY THE CITY OF DANIA BEACH, TO ALLOW ONE (1) ON-SITE PARKING SPACE AND TEN (10) OFFSITE PARKING SPACES ALONG WITH A GENERALIZED LANDSCAPE VARIANCE FOR PROPERTY LOCATED AT 56 NW 8 AVENUE 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Letter from Architect, M C Harry Associates representing Applicant Variance Application Public Hearing Notice Mailing List • Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date August 2,2004 Community Development Department City Manager Date • CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 10, 2004 TO: Ivan Pato, City Manager VIA: Bonnie Temchuk, Assistant to the City Mana FROM: Laurence Leeds, AICP, Director, Community Development . v Corinne Church, AICP, Principal Planner Cc"; � �-- SUB3ECT: (SP-38-04)/(VA-39-04): Request by the City of Dania Beach, requesting site plan approval, a parking variance, and a generalized landscape variance to construct a community outreach center at 56 NW S Avenue. Site Plan (SP-38-04) To allow the construction of a community outreach center. • Variances (VA-39-04) To provide one on-site parking space and 10 off site parking spaces (Total 11 spaces provided). The Zoning Code requires 18 spaces. Generalized Landscape Variance. Site Plan: Using Community Development Block Grant Funds, the City proposes a community outreach center directly south of the BSO Substation and Community Meeting Center (Southwest corner of NW 1st Street and NW 8ti' Avenue). The proposed 2,658 square foot building will contain office space, a computer room, a classroom, a covered porch, deck and a reception area. The proposed structure meets all setback requirements for a single family house and is therefore compatible with existing residential development. The applicant has not yet submitted a landscape plan, but does exceed the 40% pervious area requirement. Variances: A total of 18 parking spaces are required on site. One handicapped parking space is proposed on site. A City owned parking lot providing 10 spaces for the use of the community center is located east of the BSO substation. 1 Eight (8) on-street parking spaces are available in close proximity to the site along NW 8"' Avenue north of NW 1� Street. The City operated Dania Beach Community Bus will have a stop directly in front of the proposed community center, further reducing the need for parking spaces. It is also expected that some community center users will walk to the center. Staff has requested additional landscaping. PLANNING AND ZONING ADVISORY BOARD On July 21, 2004 the Planning and Zoning Advisory Board recommended approval subject to submission of a revised landscape plan (including additional landscaping). STAFF RECOMMENDATION Approval of site plan and variances, subject to submission of a revised landscape plan (including additional landscaping). The City Commission has the discretion to require review of the revised landscape plan by staff or the Commission. 2 MCHARRYASSOCIATES Q a Z Letter of Intent a Application for Parking and Side Yard Setback Variances W NW Community Outreach Center W City of Dania Beach, FL July 09, 2004 This Letter of Intent is part of an application for variance from Parking and Side Yard Setback requirements imposed on the site of the future NW Community Outreach Center. Project Overview Recognizing the need for a true Community Outreach Center for the elderly, the City of Dania Beach (Applicant) commissioned M.C. Harry Associates (Consultant) to lead their efforts to master plan, program, and design a 2800 SF residential scale building located in the NW area of the City. The building will provide two medium-size multipurpose rooms capable of hosting Arts and Crafts activities, Computer Education, social events and other recreational programs for the senior population of an economically and socially depressed neighborhood. A warming kitchen is also available for pre- prepared meal distribution through the Meals on Wheels program initiative. Office space will be available for other public/private partnerships in order to L provide a full range of counseling and assistance programs including health/blood pressure screenings and referrals, financial assistance, caregiver support, and assistance with benefits. The site is a small vacant lot in a residential district located at 56 N.W. 8th Avenue, nestled between the • Dr. Herman Wrice Community Center to the North, and a single story residence to the South. The west end of the lot abuts an apartment building complex and parking lot. Justification for Property Setback Variance Request: The property is located on a substandard sized lot in a RD-8000 residential district. The Code establishes a minimum width of 80-feet for lots in this district; however, the property in question is only 50- feet wide by 150-feet long. Side yard setback requirements set forth by the City of Dania Beach Zoning Code for this district are 15-feet on both sides. Applying these setbacks would result in a maximum 20- foot wide building footprint, which is not adequate for the spaces and volumes required of the building program. Adding a second story would alleviate site space constraints, but would increase costs not warranted by a project of this magnitude. Moreover, part of the client's specific requirements is the design of a single-story facility. Development of this project hinges on the approval of this special variance request (one of two required) for a reduction of side setbacks down from 15-feet to 6.75-feet on each side. The proposed Site Plan and all other drawings dated July 9th, 2004 and attached herewith, show a design based on this reduction. Justification for Parking Variance Request: Parking calculations for the use of the new building generates 18 required off-street parking spaces. Chapter 28 of the City of Dania Beach Code Zoning Code, as amended by Ordinance 2003-007, requires that such parking spaces be directly abutting the property for which it is to furnish the required off-street parking. Again, due to the unconventional size of the lot (approximately 50' wide by 150' deep) and building footprint and front setbacks (including a 10-foot landscaped buffer) there is room for only 1 (one) space which has been designated for handicap use. The second proposed variance will request use of nearby parking lot to the north-east of the property (10 spaces), supplemented by seven (7) parallel parking spaces which are planned for NW 8th Avenue (of at least 15), just east of the Charlie "Will" • Thomas Park. All parking spaces in both areas are within less than 375-feet of the property as shown on thu Site Plan (attached). JUL - 9 2004- r. Use of these proposed areas is the only way to satisfy parking requirements for this project. As discussed with City staff, most users (elderly) would either walk or be driven and dropped-off at the facility. City staff will request that the free Community Bus Service add a stop near or in front of the facility,which would also ease parking needs. NOTE: Prior to Ordinance 2003-007, the code allowed for a special exception that would have permitted the use of remote parking areas within 500-feet (as currently proposed) to satisfy off-street parking requirements. Currently, the furthest proposed parking space is located approximately 375-feet from the front of the property. Conclusion This request meets all the criteria listed in the City of Dania Beach Zoning Code Section 10.13 (pages 1768.1 and 1768.2)for approval consideration as follows: 10.13(a) - Special conditions peculiar to the land such as small lot size and — due to proposed use - imposed parking requirements exist, which are otherwise not required at similar properties in same zoning district, 10.13(b) -These special conditions do not result from the actions of the applicant, 10.13(c)—The granting of these variances does not confer on the applicant any special privileges that are not available to other parties through the same application process, 10.13(d)—The literal interpretation of the provisions of the Zoning code would impose undue hardship on the applicant, and could ultimately prevent the development of this community asset, 10.13(e)-The variances requested are the minimum required to make reasonable use of the land, find 10.13(f) —The granting of the variances would retain harmony with the general intent and purpose of the • Code, and the development of the project is not injurious to the area involved, or otherwise detrimental to the public welfare. The proposed building program represents the culmination of a collaborative effort of city staff and design consultants. In order to realize this valuable community asset, the Planning and Zoning Board must grant the two variances described above. Res ectfully Submitted, Javier Torres Projec Manager M.C. H rry&Associates-Consultant City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning. Date Rec'd: 1d Site Plan ❑ Special Exception Petition No.: S Q�34 ❑ Special Request vok ❑ Trafficway Waiver g Variance ❑ Vacation Request ❑ -Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the "Application Type" and "Required. Documentation" checklist to determine the supplemental documents required with each application. 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. As always, the applicant or their authorized legal agent must be present at all meetings. Location Address: 56 NW 8"'Avenue Lot(s): 15 Block: Subdivision: Saratoga Recorded Plat Name: Folio Number(s): 504234230130 Legal Description: Saratoga 18-23 B lot 15 Applicant/Consultant/Legal Representative (circle one): CITY OF DANIA BEACH Address of Applicant: 100 W. Dania Beach Boulevard Business Telephone: (95) 924-3600 Home: Fax: Name of Property Owner: CITY OF DANIA BEACH Address of Property Owner: 100 W. Dania Beach Boulevard Business Telephone: (954) 924-3600 Home: Fax: • Explanation of Request: Site Plan approval for new community outreach center/Variance approval for parking. Prop. Net Acreage: .19 Gross Acreage: Prop. Square Footage: 2.658 Existing Use: vacant Proposed Use: _community outreach center Is property owned individually, by a corporation, or a joint venture? ,!;royER,/uMTnJ•• APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZE® SIGN RE Sworn to and subscribed before me Applicant/Consuitant/Represenod rr►— This day of 2012 '1 / �( Signatur X Date: ! I (� 1 Q x Can Si Name of Notary Pu is (Print Name) State of( 1Zor i cA c-) Oc'dQ r ��d l.�GST �O4�v/,9 /sGAC./� QOLJ6.G vA^O Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 2 -Z Zoc 9'034'y Z y..36p e Seal: Kathy VanNoorden Telephone No. &Fax No. Notary Public, State of Florida • My comm. exp. Feb. 23,2008 Comm. No. 00 293179 INDIVIDUAL OWNER NOTARIZE® SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: • Seal: Telephone No. &Fax No. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat % - 1, cL04 ❑ Plat Delegation Request L ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: ❑ Special Request ❑ Trafficway Waiver Variance ❑ Vacation Request * Other: -'TR- f5S44t-- THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRV DOCUMENTS. Refer to the "Application Type" and "Required Documentation" checklist to determine the supplemental documents required with each application. ' • 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. As always, the applicant or their authorized legal agent must be present at all meetings. Location Address: �to g.� . �,tA t1�� k Lot(s): Ir2 Block: Subdivision: wC_M6 Recorded Plat Name: Folio Number(s): �,JV Legal Description: �eyd 4A `kA M 10Q V- pkqe A &OWA Applican onsultant Legal Representative (circle one) M.G. ( + C1U e Address of Applicant: it 312 N1(lml Business Telephone: �J'31A� Home: — Fax: I N 5 Name of Property Owner: Address of Property Owner: 100 IG( gkj� • 6 fU 3fk , K 330bQ� Business Telephone: ? Home: Fax: . Explanation of Request: Ad &CV VWAWS Prop. Net Acreage: Gross Acreage: T—A— Prop. Square Footage: Existing Use: slim,Fb Proposed Use: Is property owned individually, by a corporation, or a joint venture? APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 91h day of�.�VLY 20Q+ Signature: Date: 0-7 �I 'O�• SigIn Name of No ary Public (Print Name) State of( ) SW D0126La5 �_P.. Mr�Nt�. � L • Print Name of Notary Street Address, City, State and Zip Code 3 313 3 Commission Expires: JV Uft 0 5 5 0 F) Seal: Mef,P GuM&MWda Telephone No. &Fax No. • • P4CwP*m wM168133 80=F 19.2W • INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 2Q_._ Signature: Date: Sign Name of Notary Public (Print Name). State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: • Seal: Telephone No. &Fax No. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH Centenrao� VA-39-04 1904-2°°4 NOTICE IS HEREBY GIVEN that a hearing will be held before the City Commission on Tuesday, August 10, 2004 at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004. Request by the City of Dania Beach for site plan approval to construct a community outreach center, a parking variance to allow one parking space (18 spaces required), and a generalized landscape variance(Property located at 56 NW 8 Avenue). VA-39-04—Variance to allow: 1) To allow one on site parking space & 10 off site parking spaces; providing a total of 11 parking spaces (18 spaces required as per Chapter 28, Zoning, Article 6 — Offstreet Parking Requirements). 2) Generalized Landscape Variance as per Chapter 26, Vegetation, Article IV, Landscaping SP-38-04=A site plan approval to construct a community outreach center. Legally describe as: Lot 15, SARATOGA, according to the Plat thereof, as recorded in Plat Book 18, Page 23, of the Public Records of Broward County, Florida. 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) 924-3622, 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. Lou Ann Cunningham Planning Associate Notice Date: July 30, 2004 Refer to the back of this notice for a Location map of the site 3000dIZ Mai a3lIbW p LiJ 0 170OZ 0£ Grp r Z co L096Z£b000 a oO£"60 $ NL zo I M ` S.IAN1f1 r INlkl `C�' ... Aq. 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