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HomeMy WebLinkAboutR-2004-193-St. Clair-Kieser-SE-54-02 (outdoor storage) RESOLUTION NO. 2004-193 A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON&ASSOCIATES,INC.,REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3R1 PLACE AND NW 3'TERRACE,DANIA BEACH FOR A SPECIAL EXCEPTION USE TO PERMIT OUTDOOR STORAGE UPON 5.7 ACRES IN A C-4 ZONING DISTRICT,AS PROVIDED IN CHAPTER 28, "ZONING", ARTICLE 4.20 "SCHEDULE OF USE REGULATIONS"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, "Zoning", Article 4, "District Regulations", Section 4.10, "Schedules of Regulations"allows"outdoor storage"as a Special Exception use in districts zoned C- 4 Commercial; and WHEREAS, Mark Kieser,of Craven Thompson&Associates,Inc.,representing Steven St. Clair, has applied for a Special Exception use to permit outdoor storage upon 5.7 acres in a C-4 Zoning District, generally located on the west side of NW 9th Avenue, between NW 3`d Place and NW 3`d Terrace, Dania Beach; and WHEREAS,the Planning&Zoning Board on September 15,2004,recommended that the City Commission grant the Special Exception request,based upon the criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the City Code of Ordinances; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That application SE-54-02,for a Special Exception Use to permit outdoor storage upon 5.7 acres in a C-4 Zoning District, for property generally located on the west side of NW 9th Avenue, between NW 3`d Place and NW 3`d Terrace, Dania Beach, a copy of which is attached and made a part of this Resolution as Exhibit"A",is approved,to allow the applicant to have permission 1 RESOLUTION NO. 2004-193 to conduct use for ten(10)years, in accordance with the following conditions, and at the end of the ten (10) years, the City will have the right to re-review the application: 1. Use restrictions as indicated in Site Data Box (attached). 2. Applicant to provide right-of-way easement for review and recording by City Attorney prior to issuance of a building permit. 3. The applicant to provide a letter of approval/no objection from FPL regarding the project, prior to issuance of a building permit. 4. Paved area% reference on sheet SP-1 is not correct. Revise. 5. Landscape plan substitutions require review and approval of revised landscape plan by City staff prior to installation. 6. Project may be phased as long as landscaping associated with each phase is completed at the same time. 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 on November 9, 2004 C.K. MCELYE MAYOR-COMMISSIONER ATTEST: ROLL CALL: ) COMMISSIONER ANTON- YES COMMISSIONER CHUNN- YES --LOUISE STILSON COMMISSIONER FLURY- YES CITY CLERK VICE-MAYOR MIKES- YES MAYOR MCELYEA- YES APPROV D AS O O AND CORRECTNESS BY: . THO AS BRO CITY ATTORNEY • 2 RESOLUTION NO. 2004-193 S6TE' DATA: 1. OUTDOOR STORAGE LIMITED TO FULLY ASSEMBLED PASSENGER VFBICI:ESt RECREAT10P9A1. VEHICLE� SPIRT l9TILlTY WNICLES, PICK—UP TRUCKS, BOATS AkD BOAT TRAILERS; SGCi°5 AND MOTORCYCLES MAY Bd0'f BE STORED. iN1H9N 900FT OF THE SOUTH LOT LINE2. TRUCKS, T�DC9L' �6A6d.ERS, AND ALL OTHER . MATERIAL AND AS 9.. AS SERVICE REPAIR ACTl%i71 ALL BE SPECIFICALLY PROHIBITED. 3. INSTALLATION OF AN EIGHT FOOT SCREEN WALL (CBS OR SINGLE PANEL TILT-WALL ALONG AGE SOUTH LOT LJNE) PRIG TO COMMENCING OPERATION. LANDSCAPED MNYL COATED ( HABOd LISdBt FE6dCE ALONG 'il°9E EAST LOT UNEQ 4: HOURS OF OPERATION: 0700 HRS TO 1900 HRS � 5. C' URBTY SATE AND APPROPRIATE LIGHTING PR0VI9ED. 6. NO VEHICLE WASHING PERMITTED ON SB'iE 7. ALL CHABR9UNGC FENCE SHALL BE GROUNDED City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 Development Application ❑ Assignment of Flex/Reserve Units ❑ Delegation Request ❑ Land Use Change ❑ Outdoor Seating ❑ Plat ® Rezoning Date Rec'd: ® Site Plan Ja Special Exception Petition No.: fl.-Dov ❑ Special Request ❑ Trafficway Waiver 99 Variance ❑ Vacation Request ❑ Other 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, and 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: N/A Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: N/A Folio Number(s): 5042 3400 0220 Legal Description: See Exhibit'A' Present Zoning: C-3 Present Land Use: Commercial Explanation of Request: Site Plan Resubmittal Prop. Net Acreage: +/-5.7 Acres Gross Acreage:+/-5.7 Acresprop. Square Footage: 246,695 Sq. Ft. Value of Improvement: Est'd Date of Completion: Will Project be Phased: No If yes, Est'd Completion of each Phase: Existing Use: Vacant Proposed Use: Outside Storage JUL - ' 2004 �r t Name of Applicant/Consultant/Representative(circle one): Mark Kieser, Craven Thompson&Associates, Inc. • Address of Applicant: 3563 N.W.53rd Street, Fort Lauderdale, FL 33309-6311 Business Telephone: (954)739-2002 Home: N/A Fax: (954)739-2266 Name of Property Owner: Stephen St. Clair Address of Property Owner: 901 Old Griffin Road, Dania Beach, FL 33004 Business Telephone: (954)920-7275 Home: N/A Fax: _(954)925-2148 List any additional action (i.e. special exception, variance, rezoning, etc.)that may be needed to support the proposed project: Re-Zoning (C-3 to C-4) List all previous action that has occurred on this property: Vacant NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. Sworn to and subscribed before me Applicant/Consultant/Representative: This day of 20_ Signature: Date: Mark Kieser Sign Name of Notary Public (Print Name) State of( ) ® Craven Thompson &Associates, Inc. 3563 N.W. 53rd Street, Fort Lauderdale, FL 33309 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: (954)739-2002/(954)739-2266 Seal: Telephone No. &Fax No. WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: This is to certify that I am the owner of subject lands described above and that I have authorized (Applicant/Consultant./Representative)Craven Thompson&Associates. Inc. to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of L, 200 Signature:`. -I" Dater Stephen St. Clair Sign Name of Notary Public (Print Name) State of V"21J� ) h`,t,z V / . L4,4-1/ %- 901 Old Griffin Road, Dania Beach, FL 33004 Print Name of Notary Street Address, City, State and Zip Code Commissio (954)920-7275/(954)925-2148 S ,„.. HEIEN L. of Telephone No. &Fax No. •'u� 4�s M010tN Public .Side ANCorrort'aWn 27,20D8 i• CWMWW$OD306176 �D L 5 3 2-V— JCl 7 — -�17 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: NOVEMBER 9, 2004 2. DESCRIPTION OF AGENDA ITEM: SPECIAL EXCEPTION REQUEST SE-54-02 (COMPETITION CYCLE) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: REQUEST BY MARK KIESER, WITH CRAVEN THOMPSON & ASSOCIATES, INC. REPRESENTING STEPHEN ST. CLAIR, FOR SPECIAL EXCEPTION TO PERMIT OUTDOOR STORAGE OF 5.7 ACRES IN A C-4 ZONING DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF NW 9 AVE AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Application Public Hearing Notice/Location Map Mailing List ® 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date: October 28,2004 Community Development Department City Manager Date CITY OF DAMA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT • MEMORANDUM DATE: November 9, 2004 TO: Planning and Zoning Advisory Board FROM: Laurence Leeds, AICP, Director G / Corinne Church, AICP, Principal Planner SUBJECT: Request by Mark Kieser, with Craven Thompson & Associates, Inc., representing Stephen St. Clair, for a rezoning, special exception, sidewalk waiver, site plan, and variances for the construction of an outdoor storage area located on the west side of NW 9 Avenue between NW 3 Place and NW 3 Terrace. REZONING (RZ-53-02) (SECOND READING): Rezoning request from C-3 (Commercial) to C-4 (Commercial). SPECIAL EXCEPTION (SE-54-02) ® Special Exception request to permit outdoor storage on .7 - g 5 acres in a C 4 Zoning District (Chapter 28, Zoning, Article 4.20 Schedule of Use Regulations). VARIANCE (VA-54-02): Variance request from Chapter 26, Vegetation, Article VI, Landscaping, to: a) Waive 20% Vehicular Use Area (VUA) Landscape requirement. b) Waive interior parking lot landscape islands requirements for that portion of the site designated for outdoor storage. c) Waive wheel stop and curb requirements. SIDEWALK WAIVER (SW-53-04): Waive sidewalk requirement along NW 9 Avenue. SITE PLAN (SP-17-04): The above requests are related to a site plan request for the proposed construction of an outdoor storage area. The subject property is zoned Commercial (C-3) and has a Future Land Use designation of Commercial. The applicant is proposing to construct an outdoor storage area on property located on the west side of NW 9 Avenue between NW 3 Place and NW 3 Terrace. The subject property is currently vacant and located under FPL high voltage power lines. Adjacent zoning and land use is as follows: ADJACENT PARCELS: ZONING DESIGNATION AND LAND USE Zoning Physical Use North C-3 Warehouse, Motorcycle Service East C-4 Vacant South RM (Multi-family) Vacant West C-3 Outdoor Auto Parts Storage The applicant states the property will be used to store fully assembled vehicles, recreational vehicles, sports utility vehicles, pick-up trucks, boats and boat trailers, as well as jet skis and motorcycles setback at least 100 feet from the south lot line. REZONING; Rezoning request from C-3 (Commercial) to C-4 (Commercial). The applicant is requesting C-4 zoning in order to apply for a Special Exception to allow outdoor storage. The current C-3 zoning does not permit outdoor storage. The overhead FPL lines prohibit the construction of any building on this property. Under these circumstances, and with proper landscaping and Special Exception restrictions, staff supports the rezoning request. SPECIAL EXCEPTION Special Exception request to permit outdoor storage on 5.7 acres in a C-4 zoning district. Outdoor storage use is permitted in C-4 zoning districts via a Special Exception. Therefore, such use may be compatible if certain criteria are met. These criteria are identified in Section 10.12 of the City's Zoning Code. As previously stated, FPL power lines located above this property prohibit the construction of any buildings. Staff supports the applicants Special Exception request with proper landscaping and use restrictions as indicated in Exhibit A. VARIANCES a) Waive 20% Vehicular Use Area (VUA) Landscape requirement. The Zoning Code requires 20% of the Vehicular Use Area (VUA) be provided in landscaped islands within the VUA. The applicant has not indicated how much VUA area is provided, although it appears to be approximately 10% - 12%. Most of the provided landscaping is located around the perimeter of the site, instead of in landscaped islands, in order to provide maximum buffering for adjacent properties. Along the south lot line, a 17' — 19' buffer is provided to mitigate the impact of the storage yard upon undeveloped multi-family property. It should be noted that the applicant meets the 30% total pervious area requirement. Again, most of the pervious area is located along the south lot line (next to vacant multi-family residential) and east loft line (proposed retention area). The code requires 171 trees be planted throughout the site. The applicant has proposed 101 trees located almost entirely around the perimeter of the site. Most of the trees would be located along the south and east lot lines. b) Waive interior parking landscape islands in that portion of the site designated for outdoor vehicle storage. Approximately 25% of site (adjacent to NW 9t" Avenue) is designed as a traditional vehicle parking lot. The applicant complies with landscape island requirements for this portion of the site. The applicant wishes to waive interior parking lot landscaping for that portion of the site used for outdoor storage. The applicant indicates this is necessary to allow on-site maneuvering of large recreational vehicles. c) Waive wheel stop and curb requirements. The applicant is requesting a partial wheel stop/curbing variance. Staff supports approval of the above variances subject to compliance with attached Exhibit A. SIDEWALK WAIVER The City's Code of Ordinances require sidewalks to be constructed within the right-of- way at time site improvements are made to the property. In this case a sidewalk is required along the west side of NW 9"' Avenue. The Broward Sheriff's Office recommends the waiver be granted (see attached memo). The Public Services Director is suggesting that any waiver include a provision whereby the property owner is required to construct the sidewalk when the street is widened. SITE PLAN The applicant is proposing to construct an outdoor storage parking lot on 5.66 acres of vacant commercial property. The plans submitted indicate that 70% of the site will be paved vehicle storage space or parking and 30% of the site will be landscaped open space. The applicant is providing 15 feet of landscaped area adjacent to the east property line (NW 9t' Avenue), 17' - 19' adjacent to the south property line, 100 feet adjacent to the west property line and 5' — 18' adjacent to the north property line. PLANNING AND ZONING; BOARD REZONING: Approval. SPECIAL EXCEPTION: Approval, subject to conditions (Exhibit A). VARIANCES: Approval, subject to conditions (Exhibit A). SIDEWALK WAIVER: Approval, subject to the applicant, or their successor, constructing the sidewalk when the street is widened. SITE PLAN: Approval, subject to approval of zoning change, special exception, variances, and Exhibit A conditions. "Request by Mark Kieser, with Craven Thompson & Associates, Inc., representing Stephen St. Clair, for a rezoning, special exception, sidewalk waiver, site plan, and variances for the construction of an outdoor storage area located on the west side of Nil 9 Avenue between NW 3 Place and NW 3 Terrace." EXHIBIT A: APPROVAL CONDITIONS 1. Use restrictions as indicated in Site Data Box on Sheet 1 of 1 (see attached). 2. Applicant to provide right-of-way easement for review and recording by City Attorney prior to issuance of a building permit. 3. The applicant to provide a letter of approval/no objection from FPL regarding prior to issuance of a building permit. 4. Paved area % reference on sheet SP-1 is not correct. Revise. 5. Landscape plan substitutions require review and approval of revised landscape plan by city staff prior to installation. 6. Project may be phased as long as landscaping associated with each phase is completed at the same time. Acknowledged and Agreed: Sign Name Print Name Title Date i 1TE DA TA: 1. OUTDOOR STORAGE, LIMITED, TO FULLY ASSEMBLED PA I C S® RECREATIONAL AL ICSPORT UTIUTY VEHICLES9 PICK--UPTRUCKS* OATS- ® BOAT TRAILERS; JET SKIOS AND M OTORCYCLES MAY NOT BE STORED IN 1 OOFT OF . THE LOT U E. . U - TRAILERS, .: ALL OTHER MATERIAL AN ' E IP T, AS .wELL. AS S AIR AC` Vi E% BE SPECIFICALLY PROHIBITED. . INSTALLATION FOOT SCREEN WALL (CBS OR SINGLE PANEL TILT-WALL.. ALONG THE SOUTH LOT LINE) RI TO COMMENCINGOPERATION. LANDSCAPED ED NYL COATED CHAIN LINK FMCE ALONG THE EAST LOT ICE• 4,' HOURS OF OPERATION* 0700 HRS TO 1900 HRS 5• SECURITY GATE AND APPROPRIATE LIGHTING PROViDED. 6• NO VBiICLE WASHING PERMITTED SITE 7. ALL CHAINLINK FENCE SHALL BE GROUNDED i RZ-53-02/S E-54-02lVA-54-02 NOTICE IS HEREBY GIVEN that a public hearing,uvill be held before the City Commission on Tuesday,Novem- ber 9,2004,at 7:00 p.m.,or as soon thereafter as pos- sible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd.,Dania Beach,FL 33004, for the purpose of hearing any comments which might be made to the following request: Request by Mark Kieser,with Craven Thompson&As- sociates, Inc., representing Stephen St. Clair, for property generally located on the west side of NW 9 Avenue between NW 3 place and NW 3 Terrace,for the `•�.,tvl �� l C following: RZ-53-02-Rezoning request from C-3(Commercial)to `� C-4(Commercial):The ordinance reads as follows: ` 1 ORDINANCE NO. 2004-038 -AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE RE- ZONING REQUEST BY MARK KIESER, WITH CRAVEN THOMPSON&ASSOCIATES, REPRESENTING STEPHEN ST.CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE (SOUTH OF 901 GRIFFIN ROAD - COMPETI- TION CYCLE CENTER) WITHIN THE CITY OF DANIA BEACH,FLORIDA,AND LEGALLY DESCRIBED IN EXHIB- IT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDI- NANCE;CHANGING THE CURRENT ZONING CLASSIFI- CATION OF THE PROPERTY FROM C-3(COMMERCIAL) TO THE CLASSIFICATION OF C-4(COMMERCIAL),SUB- JECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;.FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5E-54-02 -Special Exception request to permit out- door storage of 5.7 acres in a C-4 Zoning District. (Chapter 28,Zoning,Article 4.20 Schedule of Use Reg- ulations) VA-54-02-Variance request from Chapter 26,Vegeta- tion,Article VI,Landscaping,to: a)Waive 20%VUA Landscape requirement b) Waive interior parking lot landscape islands re- quirements for that portion of the site designated for outdoor storage. c)Waive wheel stop and curb requirements. Sidewalk Waiver(SW-53-04):Waive sidewalk require- ment along NW 9 Avenue. The above requests are related to a site plan request (SP-17-04) for the proposed construction of an out- door storage area. The property is legally described as:A portion of the West 3/4 of the North 1/2 of the Southwest 1/4 of the INorthwest 1/4 of Section 34, Township 50 South, (Range 42 East,in Broward County,Florida,and more particularly described as follows: COMMENCE at a point on the East line of the West 3/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33,said point be- ing the Northeast corner of Block 1,Sun Gardens First Addition,as recorded in Plat Book 30,Page 21,of the Public Records of Broward County, Florida; THENCE run Northerly along the East line of said West 3/4 of the Southeast 1/4,of the Northeast 1/4 of Section 33, North 00 deg 01 min 40 sec,a distance of 3.00 feet; THENCE run Easterly,North 88 deg 58 ruin 29 sec East a distance of approximately 336.26 feet to a point on the West line of Section 34,Township 50 South,Range 42 East and the POINT of BEGINNING;THENCE North 00 deg 04 min 46 sec East along said West line a dis- tance of 260.05 feet to the Southwest corner of Griffin Commercial Plat as recorded in Plat Book 102, Page 28 of the Public Records of Broward County,Florida; THENCE North 88 deg 58 min 10 sec East along South Line of Said Griffin Commercial Plat a distance of 551.51 feet to the Northwest corner of parcel as re- corded in Official Records Book 31316,Page 1024 of the Public Records of Broward County, Florida; THENCE South 00 deg 13 min 19 sec West to the !Southwest corner of parcel in said Official Records Book 31316, Page 1024 a distance of 30.01 feet; THENCE North 88 deg 58 min 10 sec East to a point on the East line of said West 3/4 of the North 1/2 of the INorthwest 1/4 of Section 34, Township 50 South, Range 42 East said point also being the Southeast cor- ner of said Official records book 31316,Page 1024 a distance of 450.11 feet;THENCE South 00 de8 13 min 19 sec West along said East line a distance of 230.05 feet;THENCE South 88 deg 58 ruin 10 sec West a dis- tance of 1000.97 feet to the POINT OF BEGINNING. Said lands lying and being in City of Dania, Broward County,Florida.Containing 5.7 acres+/-. Copies of the proposed petition are available for view- ing in the Department of community Development, 100 West Dania Beach Blvd.,Dania Beach,Florida be- tween 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,and(954)924-3622,at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the pro- ceedings 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 ni�� i. Aa Bata NOTICE OF PUBLIC HEARING hio CITY OF DANIA BEACH0 C�ntennia! RZ-53-02/SE-54-02/VA-54-02 l so4-2004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, November 9, 2004, at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, 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 Mark Kieser, with Craven Thompson & Associates, Inc.,representing Stephen St. Clair, for property generally located on the west side of NW 9 Avenue between NW 3 place and NW 3 Terrace, for the following: RZ-53-02-Rezoning request from C-3 (Commercial)to C-4(Commercial): The ordinance reads as follows: ORDINANCE NO. 2004-039 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY MARK KISSER, WITH CRAVEN THOMPSON & ASSOCIATES, REPRESENTING STEPHEN ST. CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE (SOUTH OF 901 GRIFFIN ROAD- COMPETITION CYCLE CENTER) WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL) TO THE CLASSIFICATION OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. SE-54-02 -Special Exception request to permit outdoor storage of 5.7 acres in a C-4 Zoning District. (Chapter 28, Zoning, Article 4.20 Schedule of Use Regulations) VA-54-02-Variance request from Chapter 26,Vegetation,Article VI, Landscaping,to: a)Waive 20%VUA Landscape requirement b) Waive interior parking lot landscape islands requirements for that portion of the site designated for outdoor storage. c)Waive wheel stop and curb requirements. Sidewalk Waiver(SW-53-04): Waive sidewalk requirement along NW 9 Avenue. The above requests are related to a site plan request (SP-17-04) for the proposed construction of an outdoor storage area. The property is legally described as: A portion of the West '/4 of the North '/2 of the Southwest '/4 of the Northwest '/4 of Section 34, Township 50 South, Range 42 East, in Broward County, Florida, and more particularly described as follows: COMMENCE at a point on the East line of the West'/4 of the Southeast '/4 of the Northeast '/4 of Section 33, said point being the Northeast corner of Block 1, Sun Gardens First Addition, as recorded in Plat Book 30, Page 21, of the Public Records of Broward County, Florida; THENCE run Northerly along the East line of said West 3/4 of the Southeast '/4, of the Northeast '/4 of Section 33, North 00° 01` 40", a distance of 3.00 feet; THENCE run Easterly, North 88° 58' 29" East a distance of approximately 336.26 feet to a point on the West line of Section 34, Township 50 South, Range 42 East and the POINT of BEGINNING; THENCE North 00° 04' 46" East along said West line a distance of 260.05 feet to the Southwest corner of "Griffin Commercial Plat" as recorded in Plat Book 102, Page 28 of the Public Records of Broward County, Florida; THENCE North 88 ° 58' 10" East along South Line of Said "Griffin Commercial Plat" a distance of 551.51 feet to the Northwest corner of parcel as recorded in Official Records Book 31316, Page 1024 of the Public Records of Broward County, Florida; THENCE South 00' 13' 19"West to the Southwest corner of parcel in said Official Records Book 31316, Page 1024 a distance of 30.01 feet; THENCE North 88° 58' 10" East to a point on the East line of said West 3/4 of the North 1/z of the Northwest 1/4 of Section 34, Township 50 South, Range 42 East said point also being the Southeast corner of said Official records book 31316, Page 1024 a distance of 450.11 feet; THENCE South 00° 13' 19" West along said East line a distance of 230.05 feet; THENCE South 88' 58' 10" West a distance of 1000.97 feet to the POINT OF BEGINNING. Said lands lying and being in City of Dania,Broward County,Florida. Containing 5.7 acres+/-. Copies of the proposed petition 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, and (954)924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate ® Notice Date: October 29, 2004 i 1 l DANIA CUTOFF CA AL. 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