HomeMy WebLinkAboutR-2003-273 SE-76-03 ABC THRIFT STORE RESOLUTION NO. 2003- 273
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
A SPECIAL EXCEPTION REQUEST SUBMITTED BY STAN
PERLMUTTER, REPRESENTING ABC THRIFT, INC., FOR PROPERTY
LOCATED AT 222-236 NORTH FEDERAL HWY., DANIA BEACH, FOR A
SPECIAL EXCEPTION USE TO ALLOW A CHARITABLE INSTITUTION TO
OPERATE A THRIFT SHOP IN A C-3 ZONING DISTRICT; 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 a "Charitable Institution" to operate as a Special
Exception Use In districts zoned C-3 Commercial; and
WHEREAS, Stan Perlmutter, representing ABC Thrift, Inc., has applied for a
Special Exception Use (SE-76-03)to allow a Charitable Institution to operate a Thrift Shop
in a C-3 Commercial zoning district, in the Alex's Flamingo Shopping Center located at
222-236 North Federal Hwy., Dania Beach; and
WHEREAS, the Planning &Zoning Board on October 15, 2003, recommended that
the City Commission grant the Special Exception request (SE-76-03), based upon the
criteria set forth in Chapter 28, Zoning, Article 10.12, Special Exception Uses, of the Code
of Ordinances of the City of Dania.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That that certain application SE-76-03, for a Special Exception Use for
property located at 222-236 North Federal Hwy., Dania Beach, a copy of which is attached
and made a part of this Resolution as Exhibit "A", is approved, subject to the following:
1 RESOLUTION NO. 2003-273
1) Provide hedge along the west property line for the entire length of the
® parking lot, prior to the issuance of the Occupational License. The hedge
shall be two (2) feet tall and planted two (2) feet on center.
2) No outdoor storage or display shall be permitted after business hours.
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are repealed to the extent of such conflict.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 25T" DAY OF NOVEMBER, 2003.
BOB A TON
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
® COMMISSIONER CHUNN- YES
COMMISSIONER FLURY - YES
COMMISSIONER MIKES - YES
CHARLENE J HN ON VICE-MAYOR MCELYEA- YES
CITY CLERK MAYOR ANTON —YES
APPROVED AS "FO
AND CORRECTNESS:
BY:
T OM S J."ANSIARO
CITY ATTORNEY
2 RESOLUTION NO. 2003-273
City of Dania Beach, Florida
Growth Management Department
Planning and Zoning Division
(954) 924-3645
❑ Plat Development Application
❑ Variance
Special Exception Date Rec'd:
❑ Site Plan❑ Rezoning Petition No.: --S i� �(D v
❑ Land Use Change
❑ Assignment of Flex/Reserve Units
❑ Vacation Request
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 t the
State of Florida, and other appropriate design professionals. The applicant of record t 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: , /I ` �.—� 0.3 0 0
Lots
Block: Subdivision:
Recorded Plat Name: _ V/ p
Folio Number(s): Legal Description: 3,-CO /00 O F IJ 3 1 S
"o J D
Present Zoning0Dlfi.g Present Land Use:R&La Explanation of Request: J/'f�IRC YC° v —
�cCoc'i4fi?o�c! �1.r j6L' jifi�'��`j' �.�1c..°
Prop. Net Acreage: � )Gross Acreage: Prop. Square Footage: o 6 e _
Value of Improvement: �`�' I (� Est'd Date of Completion: V 0
Will Project be Phased: If yes, Est'd Completion of each Phase: /U
Existing Use r ( /.) Proposed Use: ki
Name o pp� i(can onsultant/Representative (circle one):
® Address of Applicant:
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Business Telephone: —?'- 37 Home: r7 �` 7"9��� Fax:
I
Updated 3/14/03
Name of Property Owner; 2Y" 4 y V C 57V& C�de
• Address of Property Owner: ��
Business Telephone: % /-7W 74t'90 Home: Jr ''�� 7'� Fax:
List any additional action (i.e. special exception, variance, rezoning, etc.)that may be needed to support
the proposed project:
List all previous action that has occurred on this property:
NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn tp and subscri e before me Applicant/Consultant/Representative:
This (�� day of 2
Signature: Date:
i Name of Notary Oublic (Print Name)
tate of( )
Print Name of Notary Street Address, City, State and Zip Code
Co
F Fco �o AP�UNf4EF1f,{c.�;u ; Telephone No. &Fax No.
Se p
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WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE
THE FOLLOWING:
This is to certify that I am the o1qner of s *eet lands described above and that I have authorized
ative
(Applicant/Consultant/Regresent ) to make and file the aforesaid
application.
Swor to and subs *b befere me Owner
Thi U day of y`� 20
Signature U� Date: j0 7
CARP99- Mn I AS,_ .
Si n Name of Notary Pu lic (Print Name)
Sateof( )
ZZ 0,
-of ------1 Street Address, City, Stab6 and-Zip Code
F Flo LOU ANN CUNNINGHAM _
2/20/04 � 5 � ` Qo� � `-2 Co 0 0 -I)b
N"-CC Telephone No. & Fax No.
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. v
7
1. DATE OF COMMISSION MEETING: NOVEMBER 25, 2003
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - SE-76-03 SPECIAL EXCEPTION
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
REQUESTED BY STAN PERLMUTTER, ON BEHALF OF ABC THRIFT, INC., FOR A SPECIAL
EXCEPTION TO ALLOW A CHARITABLE INSTITUTION (NOT-FOR-PROFIT THRIFT STORE)TO
OPERATE A THRIFT STORE AT 222-236 NORTH FEDERAL HIGHWAY.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Staff Report
Resolution
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 approval of this request at-their October
15,2003 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date November 18, 2003
Community Development Department
City Manager Date
i
,I
CITY OF DANIA BEACH
t COMMUNITY DEVELOPMENT DEPARTMENT
4
STAFF REPORT
DATE: November 25, 2003
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director C
FROM: Corinne Church, AICP, Principal Planner U-el
SUBJECT: SfE-76-03: Request by Stan Perlmutter, on behalf of
ABC Thrift, Inc., for a special exception to allow a
charitable institution (not-for-profit thrift store) to
operate a thrift store at 222-236 North Federal
Highway.
Special Exception
The applicant is requesting a special exception to allow a charitable institution
to operate a thrift store.
• The subject property currently has two (2) buildings on the site. The property is
located in a commercial (C-3) zoning district. This business was previously located
at 254-256 East Dania Beach Boulevard. The applicant is now requesting an
occupational license for their new location at 222-236 North Federal Highway. The
business is currently operating at the new location without an occupational license
or zoning approval.
The use of a charitable institution in the C-3 zoning district is allowed via a special
exception. As such, the use is generally not compatible with other uses allowed in a
C-3 zoning district but could; be if certain criteria are met. These criteria are
identified in the Zoning Code and must be satisfied in order,for the City Commission
to grant the special exception. These criteria include:
® No detrimental impact will be caused;
® Use is compatible with existing uses of the site, district and character of the
area;
• Landscaping and screening;
Adequate parking is provided; and
o No conflict will be caused to vehicular and pedestrian traffic.
i
The proposed location is in an existing retail center located on US 1, a major
® corridor. Additionally, adequate parking is present for the retail space on the
property. Therefore, the request appears to be consistent with the special exception
criteria.
STAFF RECOMMENDATION
Approval with the following conditions:
1. Provide hedge along the west property line for the entire length of
the parking lot, prior to the issuance of the Occupational License.
The hedge shall be two (2) feet tall and planted two (2) foot on
center.
2. No outdoor storage or display shall be permitted.
PLANNING AND ZONING BOAR® RECOMMENDATION
On October 15, 2003 the Planning and Zoning Advisory Board recommended
approval of the Special Exception request with the following conditions:
1. Provide hedge along the west property line for the entire length of the
parking lot, prior to the issuance of the Occupational License. The
hedge shall be two (2) feet tall and planted two (2) foot on center, to
grow to a three (3) foot height.
2. No outdoor storage or display shall be permitted.
The property owner will be cited if the hedge is not installed within two weeks.
NOTICE OF PUBLIC HEARING
® CITY OF DANIA BEACH
SE-76-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City
Commission of the City of Dania Beach on November 25, 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
Special exception request by Stan Perlmutter, for ABC Thrift, Inc., for property
located at the Alex's Flamingo Groves Shopping Center, 222-236 North Federal
Highway, Dania Beach, Florida, to allow a Charitable Institution to operate a Thrift
Shop in a C-3 zoning District.
Legally described: Lots 1, 2, 3 and 4, less the west 24 feet thereof of Cocoanut Hill,
according to the plat thereof, recorded in Plat Book "B", at Page 115, of the Public
Records of Dade County, Florida; and beginning 230 feet North of the Southwest corner
of the SW % of the NE Y of Section 34, 100 feet; thence East 315 feet; thence South
100 feet, thence West 315 feet to the place of beginning; Less the West 24 feet thereof;
said lands situate, lying and being in Broward County, Florida.
All interested parties may appear at said meeting and be heard with respect to the
proposed petition. 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 Charlene Johnson, City Clerk, at
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 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 this request is to based.
Lou Ann Cunningham
Planning Associate
Publish: Friday November 14, 2003
NOTICI OF,.
PUBLIC maARING
CITY OF:DANIA BEACH
Notice is hereby given t
special exception request
(SE•76,03) by Stan Perl-
mutter, (or ABC' ;Thrift
Inc., for property located
,at the Alex s Flamingo `\
'Groves.shopping Center,
1222-236 North Federal
,Highway,' Dania 'Beach,
Florida,to allow a Charitd,
ble Institution to operate
a Thrift Shop in a C-3 zon•
ing Distri,cf.''.''
Legally described: Lots 3„
2, 3 and 4, less the wesf
24 feet thereof of cocoa-
nut HIII,.according to,the_
plat thereof, recorded in
Plat Book B;,at Page 115
of the,Public-Records of
Dade;County;Florida;and
beginning 230 feet North
of the Southwest corner
of the SW y4 of the NE Y4,Of
Section. 34, ''100' feet;
thence._East` 315 feet;
thence South, 100•feet,
thence West 31S,feet,to
the place. oU beginning;
Less: the West 24 feet
thereof;'said lands situ-
ate,lying and being In Bro-
ward County;Florida.
The Dania. Beach City
Commission will hear this
request on.Tuesday, Non
vember 25,2003 at 7:00 p
m. or as soon thereafter,
in the City Commission
Meeting Room of the Da
nib.Beach.,City Hall;-100
West Dania Beach Blvd.,
Dania Beach Florida.
All interested parties may
appear at said meeting
and be heard with respect
to the proposed petition.
Copies of`the proposed
petition are available for
viewing in the Department
of Community..Develop-
ment, 100 West Dania
Beach Blvd.,Dania Beach,
Florida between the hours
of 8:00 a.m.and 4:00 p.m.,
Monday-Friday.Interest-
ed parties may appear at
the public hearing and be
heard with respect to the
proposed'petition.
In accordance with the
Americans With Disabili-
ties Act,persons needing
assistance to participate
in any of these proceed-
ings should contact Char-
lene Johnson, City Clerk,
at 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 Planning and
Zoning Advisory Board or
the City Commission with
regard to any matter con-
sidered 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 in-,
eludes the testimony and
evidence upon which this)
request is to based.
Lou Ann Cunningham
Planning Associate
® Novembor 14,2004
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