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HomeMy WebLinkAboutO-2001-003 ORDINANCE NO. 2001-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JAMES AND SANDRA NEMETZ, OWNERS OF "AMES AND SONS, INC.", FOR PROPERTY LOCATED AT 2251 STIRLING ROAD, 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 IROM (INDUSTRIAL RESEARCH OFFICE MARINE) TO THE CLASSIFICATION OF C-4 (COMMERCIAL) SUBJECT TO CERTAIN RESTRICTIONS;. PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by James F. & Sandra Nemetz, owners of "Ames and Sons, Inc.", for property legally described in Exhibit "A", a copy of which is attached to this ordinance and which is located within the City of Dania Beach, Florida, is granted and the property is rezoned from its present zoning classification of IROM (Industrial Research Office Marine) to C-4 (Commercial); Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 3. That this ordinance shall take effect upon the recording and filing of the document identified above in the Broward County Pubilc Records. PASSED and ADOPTED on first reading on the 12'h day of December, 2000. PASSED and ADOPTED on second reading on the January 9, 2001. `MAYOR=C W�NER ATTEST: ROLL CALL: MAYOR MCELYEA- YES VICE-MAYOR BERTINO-YES COMMISSIONER CALI-YES SHERY CHAP M N COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-out of room APPROVED AS TO FORM AND CORRECTNESS: By. THO AS`J. AN b CIT. ATTORNEY ORDINANCE NO. 2001-003 EXHIBIT "A" ® LEGAL DESCRIPTION The South 185 feet of lot 16 in block 4 of the Subdivision of Section 32, Township 50 South, Range 42 East, according to the Plat thereof, recorded in Plat book 2, at page 32 of the Public Records of Dade County, Florida, excepting therefrom that portion thereof lying within the limits of the Right-of-Way of. Sterling Road, also excepting therefrom the East 150 feet thereof and also excepting therefrom the West 30 feet thereof. and, A parcel of land in Section 32, Township 50 south, Range 42 East, said parcel also being a portion of Tract 16, block 4 of the Plat of Section 28, 29, 31 and 32, Township 50 south, Range 42 East as recorded in Plat Book 2, page 32 of the Public Records of Dade County, Florida, said parcel being more particularly described as follows: Commence at the Southeast corner of said Section 32; Thence on an assumed bearing of West along the South line of the Southeast One-Quarter (SE %).of said section 32, said line being the South line of said block 4, a distance of 669.52 feet to the Southeast corner of said Tract 16, Thence N 00 degrees 38 minutes 34 seconds east along the east line of said tract 16, a distance of 53.00 feet to a point on a line 53.00 feet North and parallel with the south line of said Tract 16, said line also being the North right-of-way line of Stirling Road; Thence West Along the said right-of-way line, being the 53.00 feet North of and parallel with the South line of said block 4, a distance of 150.01 feet; thence N 00 Degrees 38 Minutes 34 Seconds East a distance of 132.01 feet to a point on a line 185.00 feet North of and parallel with the south line of said • southeast One-Quarter (SE %), said point being the point of beginning; Thence continue on the last described course a distance .of 50.00 feet to a point on a line 235.00 feet north of and parallel with the South line of the said southeast one-quarter (SE %) ; Thence West along said parallel line a distance of 154.54 feet to a point on a line 30.00 feet East of and parallel with the west line of said tract 16; Thence S 00 Degrees 42 Minutes 03 Seconds West along said parallel line a distance .of 50.00 feet to a point on a line 185.00 feet North of and parallel with the South line of the said Southeast One-Quarter (SE %); Thence East along said parallel line a distance of 154.60 feet to the Point Of Beginning. Said lands situate within Broward County Florida. • ORDINANCE NO. 2001-003 EXHIBIT "A" ® LEGAL DESCRIPTION The South 185 feet of lot 16 in block 4 of the Subdivision of Section 32, Township 50 South, Range 42 East, according to the Plat thereof, recorded in Plat book 2, at page 32 of the Public Records of Dade County, Florida, excepting therefrom that portion thereof lying within the limits of the Right-of-Way of Sterling Road, also excepting therefrom the East 150 feet thereof and also excepting therefrom the West 30 feet thereof. and, A parcel of land in Section 32, Township 50 south, Range 42 East, said parcel also being a portion of Tract 16, block 4 of the Plat of Section 28, 29, 31 and 32, Township 50 south, Range 42 East as recorded in Plat Book 2, page 32 of the Public Records of Dade County, Florida, said parcel being more particularly described as follows: Commence at the Southeast corner of said Section 32; Thence on an assumed bearing of West along the South line of the Southeast One-Quarter (SE '/4) of said section 32, said line being the South line of said block 4, a distance of 669.52 feet to the Southeast corner of said Tract 16; Thence N 00 degrees 38 minutes 34 seconds east along the east line of said tract 16, a distance of 53.00 feet to a point on a line 53.00 feet North and parallel with the south line of said Tract 16, said line also being the North right-of-way line of Stirling Road; Thence West Along the said right-of-way line, being the 53.00 feet North of and parallel with the South line of said block 4, a distance of 150.01 feet; thence N 00 Degrees 38 Minutes 34 Seconds East a distance of 132.01 feet to a point on a line 185.00 feet North of and parallel with the south line of said southeast One-Quarter (SE %), said point being the point of beginning; Thence continue on the last described course _a distance of 50.00 feet to a point on a line 235.00 feet north of and parallel with the South line of the said southeast one-quarter (SE %) ; Thence West along said parallel line a distance of 154.54 feet to a point on a line 30.00 feet East of and parallel with the west line of said tract 16; Thence S 00 Degrees 42 Minutes 03 Seconds West along said parallel line a distance of 50.00 feet to a point on a line 185.00 feet North of and parallel with the South line of the said Southeast One-Quarter (SE '/4); Thence East along said parallel line a distance of 154.60 feet to the Point Of Beginning. Said lands situate within Broward County Florida. ORDINANCE NO. 2000`- ZONING § 4.20 SCHEDULE OF USE REGULATIONS CITY OF DANIA SPECIAL ZRICT PURPOSE PERMITTED USES ACCESSORY USES EXCEPTION USES - A C4 District is in- 1. All permitted uses 1. All accessory uses 1. All special excep- tended for retail stores, set forth in C-1, C-2, set forth in C-1. C-2, tion uses set forth in offices, enclosed ser- and C-3. and C-3. C-1,C-2,and C-3. vice establishments, 2. Storage and sales 2. Assembly and light storage facilities and of lumber and build- fabrication of materi- enclosed vehicle repair ing materials within a als. shops. completely enclosed 3. Automobile, truck, building. motorcycle,trailer,rec. 3. Warehousing. reation vehicle sales, boat, display, repair, service,storage,rental, and leasing. 4. Air conditioning, carpenten cabinet.fur- niture,plumbing,elec- trical,glass,home im- provement shop within a completely enclosed building 5. Communication towers not to exceed one hundred(100)feet in height. IRO (See Sections 16.10 through 16.70 for IRO regulations.) Industrial Research- ORce IR An IR District is in- 1. Storage ware= 1. Uses customarily 1. Automobile, truck. Restricted tended to provide suit- houses. incident to permitted trailer, motorcycle. Industrial able areas for develop- 2. Cabinet,carpenter, or approved special ex- boat, recreation vehi- ment of industrial furniture, plumbing, ception uses. cle sales, display, re- processing and assem- electrical, air condi- pair, service, storage, bly except those which tioning, engraving, rental,leasing. adversely impact ad- glass, or home im- 2. Manufacturing of jacent residential ar- provement shop within bulk materials. eas. a completely enclosed 3. Welding, sheet building. metal, tool and die, furniture manufac- ture. 4. Assembly and light fabrication of materi- als. 5. Passenger and freight transportation terminals or facilities. 6. Packing or canning plants. 7. Communication towers not to exceed. one hundred(100)feet in height. Supp.No. 70 1717 ZONING § 4.20 SCHEDULE OF USE REGULATIONS CITY OF DANIA SPECIAL DISTRICT PURPOSE PERMITTED USES ACCESSORY USES EXCEPTION USES C-3 The C-3 General Busi- 1. All permitted uses 1. All accessory uses I. All special excep. ness District is in- set forth in C-1 and set forth in C-1 and tion uses set forth in tended to apply to ar- C-2. C-2. C-1 and C-2. terial streets and 2. Auto service sta- 2. One dwelling unit. 2. Enclosed automo trafficways where tions. bile service establish- business establish- 3. Preparation of meets but excluding:. ments primarily not of baked goods, sweets truck,trailer,motorcy- a neighborhood or and delicatessen items cle,boat,recreation ve-- community service sold primarily on the hicle sales, storage; type may properly lo- premises. display, leasing, car cate to serve large sec- 4. Funeral homes. washes, paint and tions of the city and 5. Nursing homes. body shops. metropolitan area. 3. Warehousing. Such businesses gen- 4. Wet or dry stack, erally require can ri aid- manna and related fa-. erable ground area,do cilities,excluding boat not cater directly to manufacturing, sub. pedestrians and need Jett to the following a conspicuous and ac- conditions: cessible location con- venient for motorists. a. Marina site shall be, ® directly contiguous: to and abut a nav- igable waterway. b. All buildings shall:- provide a minimtua.: distance of one, hundred(100)feet from any single- family residential district. c. No building can ex- ceed thirty(30)feet in height or con- tain more than fifty (50)boat slips. d. All buildings or structures shall be C.B.S.construction- or equivalent acoustical material.. Supp.No.70 1715 - § 4.20 DANIA CODE SCHEDULE OF USE REGULATIONS ' CITY OF DANIA SPECIAL, /,STRICT PURPOSE PERMITTED USES ACCESSORY USES EXCEPTION USES �C-2 A C-2 District is in- 1. All permitted uses 1. All accessory uses 1. All special excep- tended for retail stores. in C-1. set forth in C-1. tion uses set forth in offices, or service es- 2. Retail stores whose C-1. tabliahments with con- principle activity is the 2. The sale of fire- venient pedestrian ac- sale of goods within works at wholesale cess throughout the an enclosed building. and mail order: pro. district. Retail stores Provided, however, vided. however. said are intended to include this shall specifically fireworks shall be lim- convenience, fashion, exclude automobile, ited to those which fall and durable goods,but truck,trailer,motorcy- within the Class C def- intended to exclude ve- cle, boat, recreational inition and said sale hicular oriented activ- vehicle sales,storage, shall further be lim- ities which have large display,service,repair, ited to a free standing acreage requirements leasing, car washes, structure that is set or which may ad- and service stations. back from the side versely impact adjoin- 3. Personal service es- forty(40)feet and from Y ing residential areas. tablishments which the rear property line "C-2"zoning is appro- perform service on the at least one hundred priate for neighbor- premises, such as re- fifty (150) feet and hood shopping centers, pair shops (watches. shall be permitted central business dis- radios, televisions, within said structure, tricts and community shoes,appliances),tai- in that portion thereof, shopping centers. for shops, beauty or set back at least sev- barber shops, photo- enty-five(75)feet from graphic studios, and the front property line. printing. 3. Self-service laun- 4. Business, profes dries. ;. sional,medical,or den- 4. Auditoriums and tal offices. convention halls. 5. Banks,savings and 5. Only in districts loans, credit unions zoned C-2,C-3 or both. and other financial in- and oniv when located - stitutions. within the downtown 6. Restaurants and Dania Beach Redevel- bars. opment District. mul- l. Athletic clubs. art, tifamily housing as a '3 drama, or music mixed use, subject to schools. compliance with all re- 8. Business schools, strictions and condi- colleges, and private tions prescribed in the schools. City Comprehensive 9. Art galleries, niu- Land Use Plan. seums. and libraries. 10. Hotel and motel. 11. Dry cleaning es- tablishments, exclud- ing self service laun- dries.for direct service to customers. 2,e Wit~ ® Supp. No. 71 1714 .a ZONING § 4.20 SCHEDULE OF USE REGULATIONS ? CITY OF DANIA SPECIAL { DISTRICT PURPOSE PERMITTED USES ACCESSORY USES EXCEPTION USES 12. Charitable, civic, fraternal, and profes- sional associations. 13. Vinyl sign fabrica- tion and sign printing shops as a special ex- ception use(excluding metal fabrication,sand blasting and spray 1 painting processes); provided, however, that for any such use, the requirements of the Principal Arterial Commercial Design Standards Overlay or- dinance (section 6.64 of Chapter 28,Zoning, of the City Code of Or- dinances)must be met. • Supp. No. 71 1714.1 -GF S ZONING § 4.20 SCHEDULE OF USE REGULATIONS CITY OF DANIA SPECIAL DISTRICT PURPOSE PERMITTED USES ACCESSORY USES EXCEPTION USES R-M(2) Multifamily The purpose of this 1. Single-family dwell- 1. Private nurseries 1. Planned Unit De- Residential district is to provide ings. and greenhouses. velopment PUD 2 & for use and occupancy 2. Municipally owned 2. Private garages. 3. of multifamily dwell- or operated parks and 3. Private swimming 2. Essential services. ings at moderate den- recreation areas. pools and/or cabanas. 3. Public or private ac- sities and related es- 3. Two-family dwell- 4. Other accessory ademic schools. sential services and ings. uses customarily inci- 4. Private, social, facilities. 4. Townhouses. dent to permitted or swimming, golf and 5. Multifamily dwell- approved special ex- tennis clubs. ing9. ception uses, not in- 5. Churches, syna- 6. Cluster-Single- volving the conduct of gogues and other family. business. houses of worship. 5. Off-street parking 6. Supplemental park- (noncommercial vehi- ing. cles). 7. Nonprofit cultural centers. S. Municipaliv owned or operated parking ar- eas. 9. Adult residential care facilities. C-1 The purpose of this 1. Business or profes- 1. Off-street parking 1. Public or private district is to accommo- sional offices, exclud- and loading. parking lots or stor- date limited profes- ing medical offices. 2. Accessory uses cus- age garages. sional and administra- 2. Banks and finan- tomar ly incident to 2. Essential services. ices. tive office uses cial institutions. the permitted or a - 3. Supplementalpark- compatible with ad- 3. Churches, syna- proved special excep- ing. joining residential ar- gogues or other houses tion uses. 4. Public or private ac- eas. of worship. ademic schools. 4. Nonprofit cultural 5. Hotels. centers. 6. Entertainment. 5. Eating and drink- ing places provided that such use shall not occupy more than fif- teen per cent(15C9c)of the gross area of the structures in which they are located. Supp. No. 71 1713 i i I STEPHEN H. GIBBS NANO SURVEYOpS. INC. `f/ 923-7566 SUITE 20f S ICETGH O F L f1 f�1 D S 11 R�IE T 2t31 HOLLYWOOD BLVb. HOLLYWOOD. FLOPIDA 3302 DESCRIPTION: 'sEE ATTACNeD) FUR. rL000 IMlURAMCa .. N pry OR.wAexi CouuTY FL COMMUNIT FAMM UP 0M r' Ito. i25o» 03as r )C - rIRM .As LOMa$T AVo. o.Te ece rLM. eeev. cao. �- kt I1-IE•9I u/A f /A n+/A r.tOTE t`' MOMITORIIJG WELL5 s_ coMc.+ coucaeTe ��- !A/GEVIEN/ WAJZENacL9ES FEAT C.B.S. • couceETe aLRxK gTQuczuMx: s' FL.eLLIV. FLOOR ELEVATIOAJ C.B.'S. BUILDING P.R.M.• PeRMAMOUT 9-CFe12Mk ff r'}. 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ICHECKEDBY: I,STEPHEN H.GIBBS,hereby certify that I have made a recent survey of the abovedescriba&,;-, REVISION DATE BY property as indicated, and that there are no visible above ground encroschments-excepttasw shown. I further certify that the survey represented hereon meets the minimum tecfmicatrstaaiaj,�,,I ; ards of the Florida Board of Land Surveyors pursuant to section 472.027,Florida Statutes tathea, ' best of my knowledge and belief. (CHAFTEQ GIG 17-G) Dated at Hollywood,Broward County, &' Florida,this 5Vh day of Auc3ust A.D.1954. = Q� � Elevations shown are based on National er: Geodetic Vertical Datum-29. a jTyplcai VAMn COPIES OF Tilts SUAVRT` STEPHE H.-GIBBS s n Nttt. SRAR TitR FJIBoeSSb Registered Land Surveyor No.4064 - Mi"VXTOR18 SFAu. State of FloridadM Ease is is is!reeet#-- 'a 3-O-21* o- '• CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT. PLANNING AND ZONING DIVISION 100 W.DANIA BEACH BLVD. (954)924-3645-Phone DANIA BEACH, FL 33J04 (954)922-2687-Fax PETITION FOR REZONING DATE. I ��OCI PETITION RZ- —()[) TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY COMMISSION, A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY: PETITIONER: .Tames F. Nemetz & Sandra Nemetz LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO 9) 504232-01-0871 Portion of Lot 16, Reed Land Co. Sub, PB 2, Page 32, Dade County Records GENERAL LOCATION OF SUBJECT PROPERTY: 2251 Stirling Road PRESENT ZONING.- IROM REQUESTED ZONING: C-4 REASONS &JUSTIFICATION FOR REQUESTED REZONING: wee Attached c z Z4aCk r .;7- �F r► 4aa b' �� � ' 33- nral� � �t�or•� (Note: If more than one zoning classification is requested, please attach complete legal description of each zonina classification requested.) NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION Sworn to and subscribed before me Signature of Petitioner this day ofSenT. A4C 2000 Nofiiry Public State of 1) q Printe{�1�m Ptotet�y�•••••«��������a Street Address. City Sta e&Zip 33I� .�U i►� ssr�6j � Comrri*w � r 91Sy F p Seal: NOTARYCF4 Telephone Number �«' Y�CrLS�N iC A�JW N WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE FOLLOWING: This is to certify that I am the owner of subject lands described above in the PETITION FOR REZONING and that I have authorized to make and file the aforesaid PETITION FOR REZONING. Sworn to and subscribed before me Signature of Petitioner this day of 19 Notary Public State of i Printed Name of Notary Street Address.Ctv State&yip Commission Expires Telephone Number Seal: Include with Application. Sealed Survey_ Copy of Plot_ Preliminary Site Plan Filing Fee: $275.00 for the first acre or fraction thereof,plus$27.50 per acre for each additional or fraction thereof • Plus Retainer for Administrative and Advertising costs.(As per Ch.28,Article 9.60.Recovery of costs...) Minimum Deposit Required: $5 000.00 d LB9d-dZ6 1 bS6) 61WHEIN t NNrto NNH nOl d . eb:bp 00 oe 9n9 JUSTIFICATION This property was annexed into Dania Beach under the Broward County M-1 Zoning regulations and recently rezoned by the City to IROM. During the public hearing process for the IROM adoption, testimony was provided, and it was publicly acknowledged by the City that this parcel, located on the Stirling Road corridor, was better suited for future commercial development. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH JO* IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on +an y 9, 2001 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Chambers of the )ania Beach Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the )urpose of hearing any comments which might be made to the following requests: ZZ-52-00 — Rezoning request by Edwin J. Stacker, Esq. Of Ruden, McClosky, Smith, Schuster & Russell, PA is agent for James F. Nemetz & Sandra Nemetz, owners of Ames and Sons, Inc., for property located at 2251 Stirling Rd., Dania Beach, Florida. The petitioner is proposing a rezoning from the current zoning district of ROM (Industrial Research Office Marine) to the C-4 (Commercial) zoning district. -he property is legally described as: The South 185 feet of lot 16 in block 4 of the Subdivision of Section 32, ownship 50 South, Range 42 East, according to the Plat thereof, recorded in Plat book 2, at page 32 of the 'ublic Records of Dade County, Florida, excepting therefrom that portion thereof lying within the limits of the Zight-of-Way of Sterling Road, also excepting therefrom the East 150 feet thereof and also excepting herefrom the West 30 feet thereof. and, A parcel of land in Section 32, Township 50 south, Range 42 East, ;aid parcel also being a portion of Tract 16, block 4 of the Plat of Section 28, 29, 31 and 32, Township 50 south, Range 42 East as recorded in Plat Book 2, page 32 of the Public Records of Dade County, Florida, said )arcel being more particularly described as follows: Commence at the Southeast corner of said Section 32; hence on an assumed bearing of West along the South line of the Southeast One-Quarter (SE %) of said .ection 32, said line being the South line of said block 4, a distance of 669.52 feet to the Southeast corner of ;aid Tract 16; Thence N 00 degrees 38 minutes 34 seconds east along the east line of said tract 16, a iistance of 53.00 feet to a point on a line 53.00 feet North and parallel with the south line of said Tract 16, said ine also being the North right-of-way line of Stirling Road; Thence West Along the said right-of-way line, being heAWO feet North of and parallel with the South line of said block 4, a distance of 150.01 feet; thence N 00 )e(, s 38 Minutes 34 Seconds East a distance of 132.01 feet to a point on a line 185.00 feet North of and )arallel with the south line of said southeast One-Quarter (SE %), said point being the point of beginning; i hence continue on the last described course a distance of 50.00 feet to a point on a line 235.00 feet north of end parallel with the South line of the said southeast one-quarter (SE '/4) ; Thence West along said parallel line 3 distance of 154.54 feet to a point on a line 30.00 feet East of and parallel with the west line of said tract 16; hence S 00 Degrees 42 Minutes 03 Seconds West along said parallel line a distance of 50.00 feet to a point )n a line 185.00 feet North of and parallel with the South line of the said Southeast One-Quarter (SE hence East along said parallel line a distance of 154.60 feet to the Point Of Beginning. Said lands situate, vithin Broward County Florida. ;opies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach 31vd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for nore information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. n accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these )roceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, =L 33004, (954) 924-3630, at least 72 hours prior to meeting. \ny person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission :vith regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose nay need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence apon which the appeal is to based. -ou Ann Cunningham ?la., Technician Publish: Friday, December 29, 2000 O� O O O O' >*0 Z O N N N N N N CC Q O O w W W W TI GJI U1 N N N N v O W O O O Z 0 J /� CD O O O O O I �"— O O O O 00 00 J J (3) a) -or- om ;u 'nz n �. m 0 w � m � m W = O D Z a < m0mWCnD �: � ZNrnp vy,, 0 D 0 m ..... : Cl) zm0 O D }' . 0 Cn Dcn 2 D m O n rn m O O < 0 cn C/) 0 CA) Ut N N -0 CD -� O O Q N �l CA) N co OD Cl1a . O'-2 O O W �- 20 CD zz t .. oc mm vW mm W Lin O Lrl Q m D :Z � � � : r _ � . 70 > C O O D r" camp-: �b r . ram- CCU m ;'< w.w w w w + N N co co O 5 o O D m t� COX .ram. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. "- - 1. DATE OF COMMISSION MEETING: DECEMBER 12, 2000 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -2ND READING OF REZONING ORDINANCE RZ-52-00 JAMES &SANDRA NEMETZ, OWNERS, AMES AND SONS, INC. 2251 STIRLING ROAD 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: Rezoning request from IROM (Industrial Research Office Marine)to C-4(Commercial) 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff Memorandum C-1 through C-4 Zoning District Regulations Survey Application Public Hearing Notice/ Location map/ Firm Mailing List • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. Reviewed and approved for addition on agenda: Planning and Zoning Advisory Board Approved this request at their November 15, 2000 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date 12/04/2000 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: LaurencLeeds, AICP, Director Growth Management Department DATE: January 9, 2001 (Second Reading) SUBJECT: REZONING: RZ-52-00 APPLICANT: James and Sandra Nemetz REQUEST: Zoning Map Amendment From IROM (Industrial-Research Office-Marine-District) to C-4 (Commercial/Warehouse District) LOCATION: 2251 Stirling Road EXISTING LAND USE: Vacant (Originally used as a Gas Station) LAND USE PLAN DESIGNATION: Industrial PROPERTY SIZE: Approximately 0.46 acres ADJACENT ZONING: IROM to the north and east, A-1 (Agricultural- Utility District) to the west, and Commercial to the south (City of Hollywood) ADJACENT FUTURE LAND USE PLAN DESIGNATIONS: "Industrial" to the north and east, "Utilities" to the west, and "Commercial" to the south (City of Hollywood) ADJACENT EXISTING LAND USE: Multi-tenant warehouse to the north and east, electrical substation to the west, and Commercial/Office to the south (City of Hollywood) The property was annexed into Dania Beach under Broward County M-1 (Light Industrial) zoning. Most recently, the property was rezoned to IROM. AMES REZONE 110700.DOC 1 of 2 The requested C-4 zoning allows the following: 1) All uses permitted in the less intense commercial districts (C-1, C-2, and C-3), 2) Warehouse and storage uses within an enclosed building, 3) Light industrial uses as a special exception, and 4) Automobile, truck, trailer, etc, display, repair, service, storage, rental and leasing as a special exception use (These items are specifically prohibited in the existing IROM zoning). A copy of the C-4 zoning district is attached. Generally, staff objects to small-scale zoning map changes that confer a benefit denied to similarly situated abutting parcels. In this case, the C-4 zoning allows special exception uses (auto, truck, etc.) that are specifically prohibited in the adjacent IROM zoning district. .Staff is supporting C-4 zoning at this location due only to the following unique circumstances associated with this property. 1) Unlike the adjacent industrial/warehouse park, the subject parcel was originally developed for retail use involving outdoor activities (gasoline service station). 2) The subject parcel is currently being used for lawfully established outdoor storage activities. 3) The subject parcel is surrounded by fully developed property. 4) The subject parcel abuts a large FPL substation to the west. 5) While the directly abutting land use is "industrial", development along the Stirling Road corridor is primarily "commercial" in nature. Staff's recommendation is based on the presence of all five of the above circumstances associated with this property. STAFF RECOMMENDATION Approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. AMES REZONE 110700.DOC 2 of 2