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HomeMy WebLinkAboutR-2003-008.1 Approving the Variance request submitted by Sheridan Beach Club RESOLUTION NO. 2003-008.1 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY THE FIRM CALVIN GIORDANO AND ASSOCIATES, INC., REPRESENTING KEVIN GUTHARD, SHERIDAN BEACH CLUB, FROM CHAPTER 28,ZONING,ARTICLE 6.21 SCHEDULE OF OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY ONE BLOCK EAST OF SE 5T"AVENUE, DIRECTLY WEST OF THE EXISTING VETERINARY OFFICE IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Article 6.21, sets the schedule of off street parking requirements for the City of Dania Beach; and WHEREAS, Kevin Guthard, Sheridan Beach Club, has applied for a variance(VA-59-02)to allow 2.0 parking spaces per dwelling unit where 2.2 per dwelling unit is required, for property located on the North side of Sheridan Street approximately one block East of SE 5th Avenue, directly west of the existing veterinary office in Dania Beach, Dania Beach; and WHEREAS,the Planning &Zoning Board on October 30, 2002, recommended that the City Commission grant variance request VA-59-02 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-59-02, for a variance as described above (from requirements in Chapter 28, Article 6.21, a copy of which is attached as Exhibit "A" is approved, allowing two parking spaces, as requested, and the applicant's voluntary contribution of$10,000.00 to the Tree Preservation Fund. Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3.That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 14TH DAY OF JANUARY, 2003 . VA-59-02 Sheridan Beach Club Phase 11 1 RESOLUTION NO. 2003-008.1 . 1� ROB T H. CHUNN, JR. MAYOR -COMMISSIONER ATTES : ROLL CALL: COMMISSIONER BERTINO -YES COMMISSIONER MCELYEA -YES t7AARLENE JO ON COMMISSIONER MIKES -YES CITY CLERK VICE-MAYOR FLURY- YES MAYOR CHUNN -YES APPROVED AS TO FOR AND CORRECTNESS: By: ,I ��,- & THOMA J.'ANSMd CITY ATTORNEY VA-59-02 Sheridan Beach Club Phase 11 2 RESOLUTION NO. 2003-008.1 Date stamp APPLICATION NUMBER: CITY OF DANIA BEACH 7 • V A —4W 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 (954)924-3645 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider the variance of the parcel(s)of land described in this application. NAME OF APPLICANT: -AetcAaA 5$ LLC Phone:9a5 v cur y5o�"a es' �.c ADDRESS OF APPLICANT: ��o0 5 r r~ �C9 �7.�A,ri [?,,��c�;E Fax: 4a S ' 9 7/ PROPERTY INTEREST OF APPLICANT: NAME AND ADDRESS OF PROPERTY OWNER: e A'0P /) ADDRESS AND LEGAL&FOLIO OF SUBJECT PROPERTY: 10c) `�( ( CG �D- 5 c Al D oo p PRESENT ZONING: (M- LO/T SIZEIAREA. 2'3 GIGS PRESENT I PROPOSED USE OF PROPERTY: \I aCaA+ _���Do 5e� !7 AD/AJ�'iAi(euc 1 �A�d s ��n►J M DESCRIPTION OF VARIANCE(S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE VARIANCE ARA8 FROM ND WHAT IS PROPOSED—TH PLEASE THE ZO IN�REQ LA �AND JRTIF T H ZONING DEPART N�AA�E DEPARTMENT so ( L k' F T 76 L) S aGe e.� a)e-4 Inc( y o 8 toy ,at AA cQ LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ?�CHI iELCT,PTTORNEYJ: A yTt"toiatr 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 quesilons pertain to the criteria upon which the City Commission and Planning and Zoning Board will consider this application, 1) Describe how special cond:lions 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. / a' ` l coct i wi e � GAY r/ 4 AL o' •art � �,,, 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. 0 n -- 3) Describe how granting the reauested variance(s) will not confer any special privilege on the applicant that is denied by the zoning code to other lands,buildings or s' uctures in this same zoning distrl . 1 Ve' o le( 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in 'he same zoning district and would work unnecessary and undue hard hi on the applicant. t- 3. I e _IAJ A lit6t,0J i �t5 rn G I u Jer��je l �GSO L-�- G./�r Jc a� ( ! o r ,r ►N �wlk� dil �rt�5r���r�► I�ao� 17 e, 00-f L Q�tei i �sa�resc, 5) Dew be how the requested variance is the minimum variance that will make possible the reasonable use of land i ,lding or struct reCjL ti G 6 X'r 0 � 4 •(• iMJ J D �d' C. 6) Explain how the grant of the vadance(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to the area involved or otherwise detrim to to the public welfar . - - 0 C1 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in re awing 11 +agues(. , ut� • _ +This is to certify that I am the owner of the subject land(s) described above in the petition f . nee. (Comprete only it applicable) I have also authorized the unde . V'Uoner to make and file this application for varian VPRO—EIRTY OWNER STATE OF FLORIDA Print Memo-. -----____. ----------------------- COUNTY OF BROWARD The forgoing i nstrument was aco.nowledged before me on_4�—}--�'L_ _ 2001 by ill l (wdc�C� as(title)-----���------ for(name of entity]_Lclw _------I a Florida Corpora!ion,who is Ae/personally known to me,or_—produced as idenUflcation. V J....�-r- -CV My Commission Explres: TARY PUBLIC i CYNTHIA VAEENCIA ;rbrna+i my Comm E)V. 11/3o/4= No.CC 867897 VpwAn(10aLD. FOR USE WHEN APPUCANr 16 NOT 011MER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUSJECT LANDS DESCRIBED ABOVE IN THE APPLICATION VARIANCE AND THAT I HAVE AUTHORIZED -------- AID KEN APPLICATION.CYNTHIA VALENCIA °'- My Comm EV•11/30/2003 _ -- ' '" E OF PROPERTY OWNER ► yf cc 867897 t l esxr I.D. Print Name: ---------------- x The forgoing instrument was acknow;edged befcre me on_ k_�,_', ___.2001 by��Y%T�6" L as[title]--_______.._� _ for(name of ertity] r�+ ® fir a Florida Corporation,who is Personally known to me,or-___Produced------ as identificaticn. My Comm;scion Expires: I k N BLIC Check list for Planning Dent.: Plan---- Fee_____ Survey --_- AGENDA INTEROFFICE TRANSMITTAL CITY CLERK DEPARTMENT l TO: FROM: Charlene Johnson, City Clerk DATE: Your department is being provided a copy of the following Resolution or Ordinance, with • b ckup material as a proved by the Dania Beach City Commission on rt If he attached documentation relates to an expenditure matter, please forward a requisition, at your earliest convenience, to Nanci Denny, Purchasing Division. If the item relates to an expenditure, Nanci Denny will get a copy of this resolution/ordinance as well so that you do not need to include pies with your requisition request. Documents Attached : �- (� VG 67-0 i Expenditure Item/Copies to N.Denny: yes no If you require any further information, please call me at 924-3622. • 9t FLORIDA March 25, 2003 Hoyt Holden Calvin, Giordano &Associates 1800 Eller Drive, Suite 600 Fort Lauderdale, FI 33316 RE: Sheridan Beach Club Dear Hoyt: We want to apologize for the delay in your receiving the attached Resolutions that were adopted January 14, 2003 approving.VC-57-02, VA-59-02 and SP-58-02. You will note that the approvals are subject to conditions that have been inserted into the resolutions. The Minutes of January 14 have also been emailed to you. If you should require any further information regarding these matters, please do not hesitate to contact Laurence Leeds, Growth Management Director, at (954) 924-3640. Sincerely, Cha lene Joh n, CIVIC i J /cj City Clerk attachments "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600, www.ci.dania-beach.fl.us _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 1114103 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-59-02 VARIANCE REQUEST BY CALVIN, GIORDANO AND ASSOCIATES, INC., REPRESENTING KEVIN GUTHARD, SHERIDAN BEACH CLUB FOR PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY ONE BLOCK EAST OF SE 5T" AVE, DIRECTLY WEST OF THE EXISTING VETERINARY OFFICE. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request from Chapter 28, Zoning, Article 6.21- Schedule of Off-Street Parking Requirements to allow 2.0 parking spaces per dwelling unit where 2.2 per dwelling unit are required. (117 spaces provided where 128 parking spaces are required). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Application • Public Hearing Notices 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 approval of this request at their October 30, 2002 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date January 7, 2003 Growth Management Department City Manager Date GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Lance Leeds, AICP, Director Growth Management Department DATE: January 14, 2003 RE: Request by Calvin, Giordano and Associates, Inc., representing "Sheridan Beach Club Phase II" for property located on the north side of Sheridan Street approximately one block east of SE St' Avenue, directly west of the existing Veterinary Office for the following: VC-57-02: Request to vacate an Ingress/Egress Easements on the "RICHART PLAT" and ""VETS PLAT". ® VA-59-02: Variance request to allow 2.0 parking spaces per dwelling unit (2.2 parking spaces are required for apartments with two or more bedrooms). SP-58-02: Site plan request for the construction of 58 Garden Apartment/Condominium units. ANALYSIS The applicant proposes to construct 58 garden apartments in two buildings on a 2.4 acre parcel. The property was approved for up to 58 dwelling units (up to five stories in height) by the City Commission in June, 2001. The site abuts existing, approved, or proposed apartment/condominium development to the north, east, and west. Ingress/Egress Easement Vacation: Vacating the ingress/egress easement will require vehicles to enter this project through the adjacent Sheridan Beach Club Phase I, now under construction behind the veterinary clinic. This will increase the number of apartments using the Phase I driveway from 44 to 102 units. The developer has not provided a left turn lane for cars wishing to enter the Phase I driveway from east-bound Sheridan Street. SHERIDAN BEACH CLUB PHASE 11 CC 1-14-03.doC Pavement markings appear to prohibit left turns at this location. However, no concrete median is proposed to physically prevent left turns and there is no signage prohibiting a left turn. Allowing left turn movements from a travel lane creates the potential for rear end collisions. Staff has no objection to the vacation of easement, but recommends the developer install a left turn lane for in-bound vehicles traveling east on Sheridan Street. Parking Variance: This project consists of 50 two bedroom units and 8 two bedroom/den units. The Zoning Code requires 2.2 spaces per apartment for a total of 127 spaces. The applicant has provided 2.0 parking spaces per apartment for a total of 118 parking spaces, nine parking spaces less than required by code. Previous variances have been granted based on a mix of one and two bedroom apartments. This project consists entirely of two bedroom and two bedroom/den units. With 100% two bedroom units, the rationale of the previous parking variances does not apply. Staff cannot support the parking variance as submitted. ® Site Plan: The site plan complies with minimum zoning requirements as to setbacks, lot coverage, and maximum building height. The north building (four stories) is setback 30 feet from the rear lot line, the minimum required setback. As indicated above, the site plan does not comply with parking or pervious area requirements. Also, an opaque fence is required along the north lot line (Staff would normally recommend a concrete wall but a 15 foot wide utility easement along the rear lot line prevents erection of such a structure). Pervious Area Variation: The Zoning Code previously allowed the use of pervious paving blocks to meet the 40% pervious area requirement. Sheridan Beach Club Phase I (under construction) utilized pervious paver blocks in parking areas to meet their pervious area requirement. The Zoning Code was subsequently amended to require the City Commission to make a finding of "special site conditions" or "special physical site characteristics" in order to justify the use of pervious paving blocks. Of the required 41% pervious area provided; 33% is landscaping while 8% is pervious paving block parking spaces. Based on previous City Commission concerns relating to drainage on residential properties in southeast Dania Beach, staff cannot support the use of pervious paving block parking spaces. Animal Relocation: Dania Beach's animal relocation ordinance requires documentation of mammal/marsupial relocation prior to any land clearing. SHERIDAN BEACH CLUB PHASE 11 CC 1-14-03.doc Vegetation: Landscape Consultant Bill Tesauro indicates the site is occupied primarily by Brazilian pepper trees. Mr. Tesauro estimates there are 3 - 6 royal palms but no oak trees. Since over most of the site (87%) is occupied by wetlands, it is outside the jurisdiction of the City tree preservation code. Royal palms located within wetlands are within Broward County DPEP jurisdiction. The proposed site plan anticipates the elimination of almost all existing landscaping and replacement with new native vegetation. STAFF RECOMMENDATION For the reasons given above, staff cannot support either the parking variance or the use of pervious paver block parking areas to meet the 40% pervious area requirement. Staff has no objection to the easement vacation subject to installation of an east bound left turn lane on Sheridan Street prior to issuance of a certificate of occupancy. Staff recommends approval of the site plan subject to the following: 1) Compliance with parking requirements. 2) Providing 40% pervious area excluding turf block. ® 3) Installation of six foot opaque fence along the rear lot line. 4) East bound left turn lane on Sheridan Street to be installed prior to issuance of a certificate of occupancy. 5) Site plan to show landscaping in Sheridan Street right-of- way/easement area. 6) Documentation of mammal/marsupial relocation prior to any land clearing. 7) On-site relocation of 3 - 6 royal palms. 8) Applicant's voluntary agreement to provide $25,000 in local park impact fees. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval of the easement vacation request, subject to the following: 1) Applicant's voluntary agreement to provide $25,000 in Local Park impact fees. 2) Applicant to meet with Public Works/Utilities Director's to obtain approval of Sheridan Street pavement marking plan, including absence of left turn lane. SHERIDAN BEACH CLUB PHASE 11 CC 1-14-03.doc Approval of parking variance, pervious area variation, and site plan subject to the following: 1) Approval of pervious turf block by the Public Works/Utilities Director, including approval of drainage mitigation in excess of the minimum required engineering standards. 2) Site plan to show landscaping in Sheridan Street right-of-way/easement area. 3) Documentation of mammal/marsupial relocation prior to any land clearing. SHERIDAN BEACH CLUB PHASE 11 CC 1-14-03.doc C,40TICE OF PUBLIC HEARINL7 CITY OF DANIA BEACH • NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on January 14, 2003, 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, for the purpose of hearing any comments which might be made to the following requests: Request by Calvin, Giordano and Associates, Inc., representing Kevin Guthard, Sheridan Beach Club for property located on the north side of Sheridan Street approximately one block east of SE 5th Avenue, directly west of the existing Veterinary Office, for the following: VC-57-02 — Request to vacate an Ingress/Egress Easement on the "RICHART PLAT" (Property located on the north side of Sheridan Street directly west of the Sheridan Animal Clinic). VA-59-02 — Variance request from Chapter 28, Zoning, Article 6.21- Schedule of Off-Street Parking Requirements to allow 2.0 parking spaces per dwelling unit where 2.2 per dwelling unit are required. (117 spaces provided where 128 parking spaces are required). SP-58-02— Site plan request for the construction of 58 Garden Apartment units. ® Property is legally described as Parcel A of the Richart Plat according to the plat thereof as recorded in plat book 150, page 25, of the public records of Broward County, Florida. Lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 103,635 Square feet (2.3791 acres), more or less. A copy of the proposal is available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954)924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Technician Mail: Friday, January 3, 2003 co UgCN QZ 6 W � 000 N1 . cc++�� � 1� eul+ �Op ee3 �ap{D O CO Cp (D CD �A �_ w J ch c+! 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