The URL can be used to link to this page

Home My WebLink AboutR-2002-107 RESOLUTION NO. 2002 - 107 r� A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY PHIL GLASSMAN, PROPERTY MANAGER FOR JAXSON'S DANIA SHOPPING CENTER FOR PROPERTY LOCATED AT 112 SOUTH FEDERAL HIGHWAY, JAXSON'S DANIA SHOPPING CENTER, 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, Phil Glassman, Property Manager for Jaxson's Dania Shopping Center for property located at 112 South Federal Highway, Jaxson's Dania Shopping Center, has requested a zoning appeal from the following decisions of the Growth Management Director: 1) The Goodwill Industries Thrift Shop is a special exception use in a C-2 Commercial zoning district(Appellant contends the Goodwill Store is a permitted use and not subject to special exception approval). 2) Section 6.21 (c) of the Zoning Code (Required Parking) applies to a change of use which increases parking requirements in an existing building (Appellant contends that Section 6.21 (c) does not apply). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application dated June 13, 2002 (ZA-33-02) for a zoning appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved: Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO.2002-107 Section 3. That this resolution shall be in force and take effect immediately upon its 1• passage and adoption. PASSED AND ADOPTED THIS 9T" DAY OF JULY, 2002. r_bL NBERT H. dHUNN, JR. YOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - NO Ind COMMISSIONER MCELYEA - YES ARLENE JO ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO AO AND CORRECTNESS: BY: T OM S J\ANSBRO CITY ATTORNEY • 2 RESOLUTION NO.2002-107 JASON'S DANIA SHOPPING CENTER 126 SOUTH FEDERAL HIGHWAY - SUITE 201 DANIA BEACH, FLORIDA 33004 954-925-0286 FAX: 954-925-0283 e-mail:ggrealesta @ aol.com June 13,2002 The Honorable Mayor Robert Chunn The Honorable Vice-Mayor Patricia"Pat" Flury Honorable Commissioner John Bertino Honorable Commissioner C.K."Mac"McElyea Honorable Commissioner Bob Mikes City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: APPEAL OF ADMINISTRATIVE DECISION Dear Honorable Mayor Chunn,Vice Mayor Flury • and Commissioners Bertino,McElyea and Mikes: We respectfully request the process of appeal to overturn the Staff decision regarding the leasing of 112 South Federal Highway,Jaxson's Dania Shopping Center to Goodwill Industries of Broward, Inc. Goodwill Industries would like to lease this 3,000 square foot store for a new concept called,1-2-3 Thrift,clothing only,(no donations accepted at this location,no drop offs.) It has been the staff's decision that this store under the NEW zoning changes,would require us to go through a complete variance for the use and special exception for this type of business and a variance for the parking for this type of business. It is our contention that after forty-five(45)years of the same C-2 zoning,which would allow for this type of business without any variance,this would be a hardship on the Jaxson's Dania Shopping Center. This tenant and future tenants would be a loss of 10%of our rent area income which would be substantial and the Shopping Center management feels that we would not in any way want to lower the standards that the Shopping Center has attained in the last five(5)years. Under the NEW zoning,we would be forced to go through a three(3)month process to get this tenant into the Shopping Center and we feel this is grossly unfair. We appreciate that the City of Dania Beach would like to upgrade the US 1 corridor with special emphasis on the Main Street area, but to cause hardships to cooperative property owners is not in the City's best interest. We would hope that you would overturn the Staff decision to force us to go through a lengthy process which would in turn lose this tenant and the income they would produce would be in excess of $3,000.00 per month. In addition,we wish the Commission to know that Mr. Dennis Clark,President in charge of Goodwill Industries of Broward, Inc.has agreed to alter the lease so that there would be no furniture,no appliances or drop-off of donations, but rather pre-ticketed merchandise,clothing only,that would be coming from a central warehouse. The store would be fixtured nicely and signage would strictly conform to the Shopping Center. Thanking you in advance for your kind consideration in this matter. Very tru y you , Phi GI 4 operty CManage`r�` Jaxson's Dania Shopping Center PG:e U i 3 2002 cc:Larry Leeds,Growth Management AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JULY 9,2002 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—ZONING APPEAL ZA-33-02 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution 4. SUMMARY EXPLANATION & BACKGROUND: Phil Glassman, Property Manager for Jaxson's Dania Shopping Center for property located at 112 South Federal Highway, Jaxson's Dania Shopping Center, has requested a zoning appeal from the following decisions of the Growth Management Director: 1) The Goodwill Industries Thrift Shop is a special exception use in a C-2 Commercial zoning district (Appellant contends the Goodwill Store is a permitted use and not subject to special exception approval). 2) Section 6.21 (c) of the Zoning Code (Required Parking) applies to a change of use which increases parking requirements in an existing building (Appellant contends that the Section 6.21 (c)does not apply). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM LETTER FROM PHIL GLASSMAN, PROPERTY MANAGER CONCEPT SITE LAYOUT PROVIDED BY APPLICANT RESOLUTION PUBLIC HEARING NOTICE( MAILING LIST LOCATION MAP 6. FOR PURCHASING REQUESTS ONLY: Dept: 7. Amount: Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: Professional Services Account#: Finance Director Approval: Date: 8. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Date Laurence Leeds,AICP, Director June 25, 2002 Growth Management Department City Manager Date STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Ivan Patio, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department SUBJECT: Appealing the following determinations of the Growth Management Director: 1) The Goodwill Industries Thrift Shop is a special exception use in a C-2 Commercial zoning district. (Appellant contends the Goodwill Store is a permitted use and not subject to special exception approval). 2) Section 6.21 of the Zoning Code applies to a change of use which increases parking requirements in an existing building. is (Appellant contends that the Section 6.21 does not apply). (Property Located At 126 South Federal Highway) DATE: July 9, 2002 City Commission Meeting APPLICANT: Phil Glassman representing Jaxson's Dania Shopping Center USE APPEAL The Dania Beach Zoning Code lists and regulates "charitable, civic, fraternal, and professional organizations" as special exception uses in the C-2 zoning district. The applicant proposes a 3,100 square foot Goodwill Industries Thrift Store to be located in Jaxson's Dania Shopping Center. Staff has determined that the Goodwill Store is a charitable organization, and as such, is subject to special exception review. • Goodwill Stores Appeal.doc Applicant is appealing this determination contending that the proposed Goodwill Store should be classified as a permitted use and allowed "by right". PARKING APPEAL Applicant is also appealing Section 6.21 of the parking code. Section 6.21 states at the time a use or occupancy of an existing building is changed to a use or occupancy which increases the requirements for off-street parking, minimum off-street parking facilities shall be provided in accordance with the Schedule of Off-Street Parking Requirements. The Schedule of Off-Street Parking Requirements requires the following: Jaxson's Ice Cream Parlor, Travel store, Cigar store: 20.0 spaces 2"d Floor Office: 17.2 spaces Dollar Store 50.0 spaces Check Cashing Store: 11.5 spaces Proposed Goodwill Store Thrift Store 15.6 spaces Hardware, Beauty Shop, Bakery 27.3 spaces Furniture Store 10.0 spaces TOTAL REQUIRED PARKING 152 spaces Based on site inspection, 89 spaces are provided in the front of the shopping center. Credit can be given for 8 parking spaces in the rear yard. The remainder of the rear yard is utilized for loading and unloading and/or occupied by dumpsters. RECOMMENDATION Staff cannot support the use appeal since the Zoning Code classifies the proposed use as a special exception. Staff cannot support the parking appeal since the existing and proposed uses are identified in the parking code (The City Attorney should clarify if applicant has the ability to "appeal" parking requirements or if the applicant must apply for and obtain a parking variance). ATTACHMENT TO STAFF REPORT PARKING REQUIREMENTS Furniture Store: One parking space for each 400 square feet of gross floor area. Restaurant": One parking space for each 250 square feet of gross floor area. General Office: One parking space for each 250 square feet of gross floor area. General Retail: One parking space for each 250 square feet of gross floor area. Department store: One parking space for each 200 square feet of gross floor area. Thrift Store: One parking space for each 200 square feet of gross floor area. Check Cashing: One parking space for each 150 square feet of gross floor area. "Restaurants not serving hard liquor are classified as retail for purposes of calculating parking in the Downtown Dania Development District. �,j l�ns"70/f 1N/fed + ar�d 3a'H/N¢a'bh` a Q 9N/N.S'AW-D ;YVPHZ) OS3 Ed -4 o � 1 a'&DIV � sees Aq '-�xx--, 7 -_I/dSOW 7&4YOW W O OHoOY 91VIMY S' SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING. BY THE DANIA BEACH CITY 4COMMISSION , STATE OF FLORIDA FOLLOWOLLOWING FING: COUNTY OF BROWARD/PALM BEACH/MIAMI DADE y; ZA-033-02 ZONING APPEAL BEF�R2ER ED AUTHORITY, PERSONALLY APPEAREDNotice is hereby given of an=appeal requested by WHO, ON OATH, SAYS THAT Ph11 Glassman, PropertyN nag er for iaxson's Da- HE E A THORIZED REPRESENTATIVE OF THE CLASSIFIED n!a Shopping Center, for ptopgrty located a .112 D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED SoutA Federal Highway, N BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE iaxsdn's Dania Shopping Centhr,Dania Beach;ATTACHED COPY OF ADVERTISEMENT, BEING A: Ida;ffomthefoilowingde- CisiOfis of.the GrOwthi Management Director: ZA 033 02 1)The Goodwill Industries Thrift Shop is a special'ex- caption use in a C-2 Com- IN THE MATTER OF: merrial zoning district (Appellant contends the GoodWili Store is a permit- ted use and not subject to ZA 033 02 sppec(ai exception approv- fie IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE 2)Section 6.21 (c) mire Zoning Code (Required, ISSUES OF: Parking) applies to a change of'use.which in- creases parking require- r 6/28,1 10962621 ments in an existing build- ing,(Appellant contends ? that the Section 6.21•,(c) does-not apply). . ,; AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER The"Dania 'Beach='Glty PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ComRiission will hear this AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY 2002a1t7:00PMorassoon PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Comfnissi in the city Comfnif the n Meeting EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Roofi Hall, the Dania Beach City.Hall 100 West Dania�. POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, Beach Blvd Dania Beach• FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF Florida.Airr4te i ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT appear a t tes parties may,* appear a said meeting HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR and'be heard with respect to.'the proposed pets- CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND,FOR THE tior").Copies of the pro- PURPOSE OF SECURING T IS ADVERTISEMENT FOR PUBLICATION IN SAID ppose petition are avails- ble for viewing in .the NEWSPAP Grovyth Management De- partment,100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:bO AM and 4:00 PM, (S ATURE F FFIANT) Monday-Friday.Interest- ed parties may,appear at the.dublic hearing and be heard with respect to the WORN TO AND SUBSCRIBED BEFORE ME proposed petition. ON: 28-June-2002 A.D. in.bOcordance with the Americans With Disabili-; ties•Act,persons needing; assistance to participate! in aay of these proceed ings should conta-t';har=. (S G ATURE OF NOTAt31'„PUBLIC) lene,.iohnson, city Clark;; at.1Q0 W. Dania Beach ro I Rezak Blvd: Dania Beach, FL' 33004,(954)924-3622,at NAY COMMI ICN# DD024939 EXPIRES leas£ 48 hours prior to • July 20, 2005 meeting. . 90NDEL itiN!i.^G`i FAiN INSURANCE,INC Any,-person.•. .. who decides to appeal any decision made by the City commis- siori�with regard to.any (NAME OF NOTARY,TYPED, PRINTED, O AMPED) matter considered at this meeting or hearing will need a record of the pro- PERSONALLY KNOWN OR ceedings and for such pur- pose may need to ensurel that.a verbatim record of PRODUCED IDENTIFICATION whichrrecordinclud sceedis-isa hde e testimony and evidence upon which the appeal is to based. Lou Ann Cunningham . Planning Technician June-26,2002 . NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZA-033-02 - ZONING APPEAL Notice is hereby given of an appeal requested by Phil Glassman, Property Manager for Jaxson's Dania Shopping Center for property located at 112 South Federal Highway, Jaxson's Dania Shopping Center, Dania Beach, Florida, from the following decisions of the Growth Management Director: 1) The Goodwill Industries Thrift Shop is a special exception use in a C-2 Commercial zoning district (Appellant contends the Goodwill Store is a permitted use and not subject to special exception approval). 2) Section 6.21 (c) of the Zoning Code (Required Parking) applies to a change of use which increases parking requirements in an existing building (Appellant contends that the Section 6.21 (c) does not apply). The Dania Beach City Commission will hear this appeal on Tuesday, July 9, 2002 at 7:00 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania 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(s). Copies of the proposed petition are 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. 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 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 .............. -i-j C)CN c; IN C? ICT ICT 'IT i: I'll 'cT (D (D I co I T;,:1- -.4- ,4- 'T (o -'T -T !C c) C'i I C'4!0 a 1 c) C) !' ' aIc:)10 c)lc:)Ai 111- c:)!c)ic:) C) C)I(i C) Cl i C) CD 11('Y)I CY) Ce)I C) Y c!0 1 C I C !I C c 1 c :C � Y 4 - 1C) C- CY) () C) Y Y C) C) yiC) Yiy c c ;c yIy :cy c y c cciy Y Y c c ' cc yc ccy MIMIM U) 0 cn LL LL LL w wLU < < LL _3 Z U) < 0 C LL (D LL LL LU Wl x z LU 00 UUIJJ0 cl 0 0 -j! D D a. D � _j -1 -j <�.� -i -i W -i -j -j I-j U) -j -j (D LL ILL ILL LL LL LL ILL �LL ILL LL U- <5 I i -j! ILL LL I -j ; - Z <j< <i I w < < < -j ziz 0 E!z Iz z 1=lw < �,z,zlzlzlzlz wlz:z <l< -j 4 1 1 < < ZZ <l< o <1< o CIO =1018,1<0 <0 uo-luo-,O,OIOZiO 010 o Clow- > w lo�u) CN W IOW w w < F- wco cl C/) U) U) F- M U) Lulw 0 1 w 10 al LU I LU 0 z -j W W F- LU o 0 CL (D F-I M Lu Zi Zc, -J =I (D lu)i� U) m �e ILL 0 z LOIC (5 0 1:5 1 x U) < LL 'IT 'lu) — z1zlo z w �e in z _j Iz U)I I U)I U) U): 04 w, 'I ". U) F- I y (.)i':� w w 0 1 104 i<IZ ZI LU C-4 z < < Lu U- W�w z < UJ c) LL ui U) (D U)iu) U) U) U)�colu) U)JU) U)iw (D Q 2 C) j I U) 0 C);C) r- 0 Z C,4 I I co 10 1 co L0lc:)iLDIcolc) lcnioolo) 0) Co Lo 1 —I U) —1 C4 C) C4 (0I11`- C) 04 01�1"I 0 cy) U.) 04 M II- IT C'41 qzo 2 N M I LO I,- A? U) 5 U) m 2 2 ui w 0 a. < (D F- Z LU - 10 LL w UI a LLJ ILL, z EL _3 0 0 LU Z: im �- -j 0 gu) 0 1w 0 1< lw U) !3: cl) wl — z I< (D < WI iwi 0 I (.)!o F- z ol 1 U z Lij < c) c) z < < "di<; LU U) — W LLJ LU 2 ,� Lu t-lw 0 wl w w > 0 106, U) U)! -j !Ti U-1 o5 lz m: < i 0 1 Lu Z 06 Z;LLJ W < iw <i(DIZ U) D 2 LLI '<!,2iLjj LU 4F 0 W�Lu > :0; F- m = U) m I LLJ M: ,e I :01 mlo (.) < to 0 011= < M. LU ---) < z ziw - �-!--) 01< !Lu!z 0 > �IFLLF o U) < 0101< < of I-Jiu)IwIw z W,LLJ! > Cl. , CL I W Lull�e:21Z!01<12 F—j ul—i -wj I W LU Z;(r, i 0 (D I tz LD! im -<�Zlc) Zi �z <I F-I LU I(L LU -1 -j,< zloi > 0 iw < I U) lo!uj lw 1< of!0- 01 i< 2 o!F-!-J,<lW m im C) OIC)I(Di�e!-j,c):'u)iy-I(DI(-)�<.:U)121u)i 1[Z I c) 2 im < - CY) UJ 0 CY) M < c).0 Cl C) Cl C) 0 C) 0! C) C> C)I Cil C) c):0 CY cl:47,41 1 W LL 1 ll`�I'IT;r,-!CT) CD Lo!(o r-I C) 1:14, cv)1 V 1(D.r-100 C)I�1 N,L0 r,- < m ;�;CY) 'IT lq'U)�LO:LO 1 LO I(D;(D (D (D 1(0,(0'(D!(D i r-1 r-i r- r'-i r- 2: 1 CY)!CY) ce)1(Y) CY) cy):cy)I c')I cy):cy),CY) CY)1 CT CT cy)I(Y)1 CY)1 CY) cr);M z < z < c>:C) c,:c) a b b 0;b!C) o C),C) 0 i C) al!C)I Cll:C) C),0 w m co):ce) cy);cy) li (Y)I cy) cy):Iii C? C? CT C? C? CT C?1 CT C? C? N'N C-J:C'4 04 C-4 04:C-4 04 04 CN!(N I CN C14.04;C14;C4 CJ 17\1 C4 CN p c) z z 'T"T 'T! T qT 'T 'T 'T-T 'T"T:'T 'T 'T 'T'qIT qT"T qT qT 'T C) < CL C) CD:C) C) 0,C) 6.6 (D:6 c):C) ci, a 6 a i d c) c) C) 0 < Lo Lb Lo Lo Lo Lo Lr) Lo u-) Lo u-):u-) Lo LoLo!Lo u) u) Lo AM 4si •0 •v 4c,J� •� •• • • ® � •• • . ~ OY r a amp �+1 pp e• •. •• Y .. a• •. •• • • i• p • •■ •p AV M p■ •. at s• •, w as to •• 4 FIN wr ® o• •• .a .� N . • �• 0. as •• A` c � p• •• �• •. •• M .•® •• sp 6/ Ii �. � �.. C Q r �� M s sp ■• •• •� ai � ®a .• ® . x� Y lj �10�49NS'064£-LO b£Z4 OS £OOZ-ZOOZ' l-q'WpmaB