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Home My WebLink AboutR-2004-153 STIRLING STATION AA-35-04 RESOLUTION NO. 2004-153 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY HOWARD E. NELSON, ON BEHALF OF NW 79T" STATION, INC./STIRLING STATION, INC., PROPERTY OWNER, FOR THE LOCATION AT 5813 SW 40T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order, requirement,decision or determination made by an administrative official in the enforcement of this chapter; and WHEREAS, Howard E. Nelson, Attorney with the firm of Bilzin Sumberg Baena Price & Axelrod LLP, on behalf of NW 79th Station, Inc./Stirling Station, Inc. property owner for the location at 5813 SW 40TH Avenue, Dania Beach, has requested an appeal of the Community Development Director's decision regarding the expiration of a previously approved site plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain application dated June 8, 2004 (AA-35-04) for an appeal of an administrative determination, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved, subject to the following conditions: Applicant to file the building permit application by November 1st, 2004. • Applicant's voluntary contribution of $20,000 to the Tree Preservation Fund, by November 1 st, 2004. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. 1 RESOLUTION NO.2004-153 PASSED AND ADOPTED THIS 14T" DAY OF SEPTEMBER, 2004 t C.K. MC A MAYOR-'COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON -YES -d1 COMMISSIONER CHUNN -YES `LOUISE STILSON COMMISSIONER FLURY- NO CITY CLERK VICE-MAYOR MIKES -YES MAYOR MCELYEA -YES APPROVED AS FrM AND CORRECTNESS: TH MA J. SBRO CITY TORNEY 2 RESOLUTION NO.2004-153 AGENDA REQUEST FORM CITY OF DANIA BEACH Al AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: SEPTEMBER 14,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING —AA-35-04— REQUEST BY HOWARD E. NELSON, ATTORNEY WITH THE FIRM OF BILZIN SUMBERG BAENA PRICE & AXELROD LLP, ON BEHALF OF NW 79T" STATION, INC. I STIRLING STATION, INC. FOR AN ADMINISTRATIVE APPEAL, PROPERTY LOCATED 5813 SW 40T" AVENUE. (CONTINUED FROM 8-24-04 REGULAR COMMISSION MEETING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION t 4. SUMMARY EXPLANATION & BACKGROUND: AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION REGARDING THE EXPIRATION OF A PREVIOUSLY APPROVED SITE PLAN. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report • Site Plan Chronology Resolution 2002-065 (approved site plan) Written renewal request from Applicant Appeal Letter from Applicant Location Map Site Plan (11x17) 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Date September 1, 2004 Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 14, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G, C SUBJECT: AA-35-04: Request by Howard E. Nelson, on behalf of NW 79tn Station, Inc. /Stirling Station, Inc., appealing the Community Development Director's decision regarding the expiration of a previously approved site plan for the property located at 5813 S.W. 40 Avenue. The subject property is located at the northwest corner of Stirling Road and S.W. 40 Avenue. The applicant wishes to construct a service station, convenience store, and car wash. The east half of the site, adjacent to S.W. 40 Avenue lies beneath overhead power lines. On May 14, 2002, the City Commission conditionally approved a site plan for a convenience food store and service station. At that time, the effective zoning for the parcel was Broward County B-2, which allowed a convenience store/gas station. In December, 2002, this parcel was rezoned to City of Dania Beach C-2. The zoning change was part of a zoning code amendment changing all non-residential county- zoned properties to a city zoning designation. The applicant's site plan approval was still effective at that time of the rezoning, and would continue to be effective as long as the applicant obtained a building permit. within 18 months of site plan approval. Because the applicant did not obtain a building permit on or before 18 months from the date of site plan approval, the site plan automatically expired (Section 8-4 of the City Code). Expiration of a site plan for failure to timely obtain a building permit requires the applicant to submit a new site plan application that complies with current zoning requirements. Because the amended C-2 zoning does not allow a service station, staff cannot accept or process a new site plan application for such a use. Even if the applicant were to change the zoning to C-3, he would also have to obtain special exception approval and a variance to allow a service station. Due to the proximity of vacant and developed residential property, staff cannot support C-3 zoning at this location. • 1 Applicant is appealing staff's determination that this site plan has expired. Applicant claims that by submitting a written request to extend the site plan approval one day prior to the 18 month expiration, applicant should be allowed to request a site plan extension. Applicant also argues that since construction plans were submitted approximately two weeks prior to expiration of the site plan, he should also be granted the appeal. This latter argument would have some validity had the applicant submitted complete construction drawings at least 2 months before site plan expiration. However, two weeks is insufficient time to review, process, and issue a building permit for commercial development. While staff has recommended (and the commission has approved) site plan extensions for other projects, staff has never recommended a site plan extension be granted to allow a use no longer allowed by the current zoning. The county-to-city zoning change, of which this site was a part, included over 100 acres of land where the list of permitted commercial uses was changed. From a policy standpoint, staff cannot support an appeal to allow a prohibited use if there is any potential for similarly situated property owners to argue the same position. STAFF RECOMMENDATION • For the above reasons, staff cannot support the appeal. 2 Stirling Station Site Plan Chronology 1. November 16, 1999—Pre-application conference with Broward County DPEP regarding Stirling Station site plan 2. January 10,2000—Stirling Station site plan application filed with Broward County for 14,112 square foot convenience store, car wash, gas station and auto center 3. July 21,2000—Application to Broward County DPEP for dredge and fill license 4. February 26, 2001 - Development Order approving site plan issued by Broward County Development Management Director 5. March 7, 2001 —Began routing construction plans for sign-offs 6. April 17, 2001 —Broward County Board of County Commissioners approved amending note on Greensleeves Plat to decrease square footage of commercial use 7. June 13,2001 —Application to.Broward County DPEP for Environmental Resource Permit based on Broward County Development Order • ' S. September 15,2001 —Property annexed by the City of Dania Beach 9. October 20,2001 —City asks that landscaping plan be modified to meet City code requirements 10. January 16,2002—Plarnung&Zoning Board recommend site plan approval of modified site,which reduces uses and increases landscape area 11. May 14,2002-City Commission approved site plan of modified site, which reduces uses and increases landscape area 12. May 28,2002—Revised wetland plan to match City's new site plan 13. September 25,2003 - Broward County DPEP issues Environmental Resource Permit 14. October 20,2003—Construction plans completed and sealed 15. November 6, 2003—Construction plans stamped by Broward County DPEP 16. November 14, 2003—Application for City of Dania Beach building permit. \73683\14132\##691004 v 1 W6/04 4:07 PM i • 17. Noveiiiber 14, 2003 -Carlos Fontecilla sent letter to Larry Leeds requesting renewal of previously approved site plan I \73 i i 1 j • i I i 9/26/04 4: 7 P#691004 v 1 8/26/04 4:07 PM RESOLUTION NO. 2002-065 . A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL ISSAC REPRESENTING STIRLING STATION, INC., FOR PROPERTY LOCATED AT (NW CORNER OF STIRLING ROAD AND SW 40"m AVENUE) 5813 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Michael Issac, representing Stirling Station, Inc.. has applied for site plan approval for the proposed construction of a new service station/convenience store and accessory use car wash to be located at 5813 Stirling Road, Dania Beach; and WHEREAS, the Planning &Zoning Board on January 16,2002, recommended that the City Commission grant the site plan request (SP-65-01), based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 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 (SP-65-01)for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit"A"is approved, subject to the following conditions: a) The applicant shall work with the Growth Management Department on the landscaping. 1 RESOLUTION NO. 2002-065 b) Caps shall be added to both ends of the canopy with the matching the design in the center. c) Florida Power & Light may not allow a wall below the power lines. d) CPTED(Community Planning through Environmental Design)principles may dictate an alternative to a CBS screen wall. It is further noted that the original Site Plan is maintained in the office of the Growth Management Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p) of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 18 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 ext ent tent 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 14TM DAY OF MAY, 2002. 0 *RH. CHU N, JROMMISSIONER ATTEST: ROLL CALL: �. COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE J�HNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES 2 RESOLUTION NO. 2002-065 APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSSRO CITY ATTORNEY 3 RESOLUTION NO. 2002-M5 NOV. -26, 03(M) 14:52 B U LN, SOMBER. ET, AL _ ! _ _ � P. 001/004 A Telecopy Transmission From Bilzla Sumber$Dunn Buena price&Axelrod LLP 200 South 131scay0e Boulevard,Suite 2500 Officeiatni,Florldls 33131-2336 (30A 374-751i0 Paz 30 374-7593 Transmit To: Laurence C.Leech Firm Name; City►of Dania Beach Fag Number: 9941924.3642 File Number: 14132 Sent By: Howard EL Nelson ®atat November 26,2003 You should receive page(including this sheet). Call as at L3M 374.7980 If you have sltra dltlilculdes with this transmission. Additional Notm: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE M ATTOIiNF:Y PRIVILFliND AND CANFIDkN'I1AL INFOKMA PION INTENDED ONLY rORT14C USE OF THE INDIVIDUALOR ENTITY NAMED ABOVE.IFTHRRFADERO THIS MESSAGE IS NOT THE INTHNORD R6C1PIONT,OR THE EMP(DVEC OR AGENT RESPONSIBLE TO DELIVRR IT TO THK INTUN020 RECtPIGNT,YOU ARE HF.IWPY NatIF180 THAT ANY DISSEMINATION, 016TIUOUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED TRIS COMMUNICATION IN ERROR.PLUSB IMMEDIATELY NOTIFY US BY TELEPHONE. AND RETURN THE ORIGINAL MF.BSAOF.TO US AT THE A90VH AODOSS VIA YHII U.S.POSTAL SERVICE. THANK YOU. OTtIGINAL DOCUMENTS WILL WILL NOT FOLLOW BY MAIL NOV. -26' OWED) 14:S2 B 1�1 N, SUMBER. ET. AL _ P. 0021004 C SILZIN SUMMERS SAMNA PRICE & AxELROD UP A PAW 14611 1641P Of PgQVZaa,OPIN.ASWC w ms 306 GOUT"m19CAYNC 00YLCVAp0,SYITR 21000•MIAMI.FI.OWIpA 23171-1 40 Tn4PNONdt:LUM 37i-76®O S FAM 130M 374-751101 i-MAILi INF0QMIL2IN.00M luyuq►,®IL2IM.GOM Howard rh Nd3soK P-A Dbmm D1e1k30M50-2386 Dll+dW-F=39031.2246 Mo��:�drdllso�Ilptla.com November 26,2003 In F Laurence 0,Leeds,AICP,Director Growth Management Deparnnent City of Dam beach 100 West Dania Reach Boulevard Dania l3=14)'lorida 33004 Ra: Sterling Station—Resolution No.2002-065 Dear Larry: Enclosed please find a copy of the request Por extension that was faxed to you on November 14, 2003, 1 would appreciate if you would schedule this matter before the City Commission at its earliest possible date. Kindly contact me if you have any questions or require additional clarification of the mattcrs contained herein. Sincerely, H E.Nelson HENJmp Enclosure 173603114132%A 633015 v NOV. -26' 03(WEED) 14:52 BIL LR, SUMBER. ET. AL P. 004/004 14-2003 06100 PH _.:3A POWER BOATS 306 LIP8 P. 02Comm*fti*pm maw , dam Cff Y( DMA BE= 1n w PI • mmftft v7. I 0 roAnd Cf t ps . Tha at@ pim wo Wovd by PmW=Na an Wy 14, Wo bm W a 4ft&a u W pbe ymosgdq by ?I@=lea=km I %cat mqft sumad bftmfw& I BwmM ye Ift to nW Mit M to dam*b tt Im ft sow i BILZIN �UMBERG BAENA PRICE & Axa LROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2600- MIAMI, FLORIDA 33131-5340 / • TELEPHONE:(305)374-7560- FAX:(306)374-7593 E-MAIL: INF046ILZIN.COM -WWW.BILZIN.COM Howard F.Nelson,PA Direct Dial:305450-2386 Direct Fax:30051-2246 E-Mal bnelson0bllzin.com JUN 10 mu June 8,2004 VIA FEDEX Mr. Laurence Leeds Growth Management Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 Re. Shcrling Station—Appeal of Dlrecdor's Determltnadon Dear Larry: • Please allow this letter to serve as our Notice of Appeal of your determination that, under the City of Dania Beach Code, site plan approval for the above-referenced property may not be extended or otherwise enlarged. It is our understanding that this appeal will be brought forward before the City Commission for their determination based upon the provisions of the City of Dania Beach Code (the "Code"), and based upon the unique facts and circumstances regarding the above-referenced site plan. To assist in bring this appeal forward to the Commission; I have enclosed ten(10) copies of the original approved site plan. Additionally, I have also enclosed ten (10) copies of the proposed modifications that we have incorporated at staffs suggestion to provide additional window area and roof design for the station building. I have also enclosed two checks, payable to the City of Dania Beach. The first check, in the sum of $1,000, is forwarded to you as the Citys fee for allowing to undertake this appeal. The second check, also in the sum of$1,000, is forwarded to you as a cost recovery deposit for the City Attorneys review of the Code provisions. As you are aware, we believe that there are several issues which militate the extension of the site plan and, further, that the City Commission has the inherent ability to extend approvals based upon facts and circumstances including detrimental reliance and equitable estoppel. To ftu-ther assist you in processing this appeal, my office will be preparing a • chronology of the facts and events leading up to my client's efforts to build on a property, which was approved for gas station use prior to its annexation several years ago into the 173683114132\#679953 v l 6/9/04 12:28 PM L.ZIN SUMBERO BAEMA PRI%:' 6 AXELROD LLP Mr.Laurence Leeds • June 8,2004 Page 2 City of Dania Beach, and which my client has diligently attempted to move forward in the permitting process. Inasmuch as we intend to use the chronology and related issues in our presentation before the Commission,we will provide your office with a copy prior to the hearing on this matter. Likewise, I would appreciate a copy of any staff memorandum or recommendation from your office prior to the hearing date. Thank you in advance for your diligent attention to this matter. I look forward to continuing to work with you on this and other projects. Sincerely, le Howard E.Nelson HEN/mp Enclosure • JUN 1 � 4 \73683\14132\#679853 v 1 6XG4 4:41 PM 1 RM-15 1 on Thls.Sit@. � wee E- 1 ol ---------------- -------------- RD 4 1 I ems'" C 1 i Location map •