HomeMy WebLinkAboutR-2001-024 RESOLUTION NO. 2001-024
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A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY MARVIN MANDEL, PRESIDENT, MFA
INVESTMENTS, LLC., PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF SW 39TH STREET AND RAVENSWOOD RD., WITHIN DANIA BEACH,
FROM CHAPTER 26 - VEGETATION, ARTICLE IV - LANDSCAPING, AND
CHAPTER 28, ZONING, ARTICLE 27.60(B) PERVIOUS AND IMPERVIOUS
AREAS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26-Vegetation,Article IV, sets
the Landscaping requirements for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 27.60(B),
sets the Pervious and Impervious Area requirements for the City of Dania Beach; and
WHEREAS, Marvin Mandel has applied for a variance(VA-55-00) from Chapter 28,Zoning,
Article 27.60(b) Pervious and Impervious Areas to provide 26% pervious area (30% pervious area
required.); and Chapter 26 -Vegetation, Article IV - Landscaping as follows:
® 1. Variance to allow 13 parking spaces along the same parking aisle without a 5' wide
intermediate landscape island (maximum 12 spaces allowed).
2. Variance to allow gaps in the 24"high perimeter hedge (Except for required pedestrian and
vehicular access, 24" perimeter hedge to be continuous around the perimeter of the site).
3. Variance to allow 49 trees (63 trees required) within a vehicular use area.
4. Variance to waive required landscaping around the dumpster, lift station, and A/C units.
Property located on the Southwest corner of SW 39th Street and Ravenswood Rd. within
the City of Dania Beach
WHEREAS, the Planning & Zoning Advisory Board on January 17, 2001, recommended
that the City Commission grant variance request VA-55-00 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
R-VA-55-00 MFA INVESTMENTS.doc 1 RESOLUTION NO.2001-024
DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-55-00, for a variance as described above (from
requirements in Chapter 26, Vegetation, Article IV- Landscaping and Chapter 28, Zoning,
Article 27.60(B), Pervious and Impervious Areas), a copy of which is attached as Exhibit "A" is
approved with the following staff recommendations: (1) Applicant to provide a copy of recorded
plat or evidence of"Trafficway Dedication" prior to issuance of building permit: (2) Applicant to
submit outstanding cost recovery fees prior to issuance of building permit, including $3,000.00
for landscape inspections during the tree relocation period.
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 27TH DAY OF FEBURARY, 2001.
,(4-_—_;r)1_;a,—;_-:I
AYOR—CO ISSIONER
ROLL CALL:
ATTEST: MAYOR MCELYEA- YES
VICE-MAYOR BERTINO-YES
COMMISSIONER CALI-YES
(SHERYL 61HAPMAN COMMISSIONER ETLING-YES
ACTING CITY CLERK COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
By: 1� ,
HO AS j ANSBRO
CITY ATTORNEY
R-VA-55-00 MFA INVESTMENTS.doc 2 RESOLUTION NO.2001-024
L�
•�PLlCAT1 tamp
CITY OF 0N NUMBER: DANIA BEACH _
100 WEST DANIA BEACH BLVD. 1 CO
DANIA BEACH, FL 33004
(954) 921-8700 X262
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: MFA Investments, LLC Phone:(305)891-8028
ADDRESS OF APPLICANT: 13205 Keystone Terrace, North Miami, FL 33181 Fax: (305)891-8028
PROPERTY INTEREST OF APPLICANT: OWNER
NAME AND ADDRESS OF PROPERTY OWNER: SAME AS APPLICANT
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: Ravenswood Rd,South of S.W. 39th St.
See attached legal description.
PRESENT ZONING: IROM LOT SIZEIAREA:66.811 S_F_
PRESENT/PROPOSED USE OF PROPERTY: Present:Vacant/Proposed:Multi Use Flex Space(office
® warehouse_etc_)
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
A yahance from code section 27.60(b)
70% impervious is allowed per code
73.4% impervious is proposed
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
FnpinPp� r� Joseph Roles and Assoc Inc 7501 N W 4th Street Suite 101 Plantation FL 33317(954)581 1945
Architect: Leo Hansen.AIA, 520 S.E.8th Street Fort Lauderdale FL 33301 (954)462-8925
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A
VARIANCE MUST STAND ON ITS OWN MERITS WTHOUT REGARD TO ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City Commission and Planning and Zoning
Board will consider this application.
1) Describe how special conditions 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.
This site has several existing large oak trees. In an effort to save as many trees as possible,some
inefficiencies in the parking and driveway layout were introduced which cause a slight increase.in
the proposed impervious area.
i
4
. 2) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
The eYrecs impervious area is denerated as a result of the applicant's attempt to nreserve as many
of the enstina mature trees on the site as no sihle
3) Describe how granting the requested vanance(s) will not confer any special privilege on the
applicant that is denied by the zoning code to other lands, buildings or structures in this same
zoning district.
The variance will allow the applicant to utilize the property in accordance with the Zoning Code while
preserving the existing resources on the site
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 the same zoning district and
would work unnecessary and undue hardship on the applicant
The literal interpre0pri of the Code in conjunction with the preservation of the on site trees would
result in a reduction of both the building area and narking npaces from What could be achieved on
the site without the tree preservation effort
5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
Fvent-effort has been made to minimize the proposed impervious area on the site while minimizing
the impacts to the on site tre .s
• 6) Explain how the grant of the variance(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
detrimental to the public welfare.
Granting of the teguested variance will result in a minimal increase over the Code allowance of
impervious area but will produce a project which will be highlighted by several large mature oak trees
This proiect will be a benefit to the City and the area west of the airport
7) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request
She location of this 12moerty presents a unigue situation The adjacent properties will likely be limited
in-develoDment. On the east is Ravenswood Road and the 1-95 right-of-wav On the north is the
aitt)ort clear zone. On the south is BCAD property. On the west will likely be an extension of the parking lot
-- ———— ——— ———————— ———————— —————————————— — — ————————
This is to certify that I am the owner of the subject land(s) described above in the petition for valiance.
(Complete only it applicable) I have also authorized the undersigned petitioner
to make and thi lication for variance.
SIGMA OF APPLICANT
STATE OF FLORIDA Marvin Mandel,President
COUNTY OF BROWARD
The forgoingsU
rrnument was acknowledged before me on /D-)r0 0 W9 by Mft K V.'1 )V
`(� as(title) tps i d Pin f for(name of entity] M F
a Florida Corporation,who is impersonally known to me,or produced
as identiflcatiort.
My s oFcctAL MOTARY SEAL NOTARY PUBLIC
01 e�� MILDRED DI7TRICH 5
2 0 COMWOMM r UNN
Q CC719674
r °
MAR. 22 2002
FOR USE WHEN APPLICANT AS NOT OWNER OF SUBJECT PROPERTY: THIS IS.TO CERTIFY THAT 1 AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT
AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE
AFORESAID APPLICATION FOR A SIGN ADJUSTMENT.
SIGNATURE OF OWNER
STATE OF FLORIDA
COUNTY OF BROWARD
The forgoing instrwnent was acknowledged before me on 1999 by
as(titles for(narne of entity]
a Florida Corporation.who is_personally known to me.or produced
as identification.
My Comrnission Expires:
NOTARY PUBLIC
Check list for Planning Dept: Plan Fee Survey
6
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
. NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commi:
February 27, 2001 at 7:30 p.m., or as soon thereafter as possible, in the Dania Beach City Commission
Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of
any comments which might be made to the following request:
Petition: VA-55-00 - Variance request by Marvin Mandel, President, MFA Investments, LLC for
located on the southwest corner of SW 39`h Street and Ravenswood Rd. within the City of Dania Bea
Chapter 28, Zoning, Article 27.60(b) Pervious and Impervious Areas. Request is for a variance to
26% pervious area (30% pervious area required.); and Chapter 26 - Vegetation, Article IV - Landsc�
follows:
1. Variance to allow 13 parking spaces along the same parking aisle without a 5' wide inter
landscape island(maximum 12 spaces allowed).
2. Variance to allow gaps in the 24" high perimeter hedge (Except for required pedestrian and t
access, 24"perimeter hedge to be continuous around the perimeter of the site).
3. Variance to allow 49 trees (63 trees required) within a vehicular use area.
4. Variance to waive required landscaping around the dumpster, lift station, and A/C units.
This variance request is associated with the proposed site plan request for a 26,650 square foot
warehouse building.
Legally described: Lot 'A' of Ravenswood heights, according to the plat thereof, as recorded in Plat E
at page 6, of the public records of Broward county, Florida, Less that portion of Lot A conveyed to the
Florida, Department of Transportation, by deed recorded in official records book 12095, at page 35,
public records of Broward County, Florida.
Copies of the proposed petition are available for viewing in the Growth Management Department, 1
Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday -
please call (954) 924-3645 for more information. Interested parties may appear at the public hearing
heard with respect to the proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate it
these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Daniz
Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting.
Any person who decides to appeal any decision made by the City Commission with regard to an\,
considered at this meeting or hearing will need a record of the proceedings and for such purpose may
ensure that a verbatim record of the proceedings is made, which record includes the testimony and e
upon which the appeal is to based.
Lou Ann Cunningham
Planning Technician
Published: February 16, 2001
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STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: Marvin Mandel for MFA Investments: Proposed 26,000 square
foot Office/Warehouse Building Located at the Southwest Corner
of Ravenswood Road and SW 39th Street (IROM Zoning)
VA-55-00: Variance Request(s) to Landscaping Requirements
SP-56-00: Site Plan Approval to Construct 26,650 square foot
Office/Warehouse Building
DATE: February 22, 2001
LOCATION: The site is bound by SW 22 nd Avenue on the west, SW 39th Street
on the north, and Ravenswood Road on the east. The parcel contains 1.53 net
acres.
MAXIMUM HEIGHT.- 28 feet (62 feet allowed), Applicant has provided
documentation he has contacted the Broward County Aviation Department.
SETBACKS: Applicant meets or exceeds setbacks for the front yard
(Ravenswood Road), rear yard (SW 22 d Avenue), and interior side yard (south
lot line).
The applicant does not meet the required street yard setback on SW 3 9th Street
(30 feet required, 10 feet provided). The City Commission may reduce a street
yard setback below 30 feet "if the size, width, depth, or configuration of the
building makes it impractical to provide the required 30-foot setback."
The applicant initially provided a 10-foot setback along SW 3 9th Street. Staff
requested a 14-foot setback (equal to half the building height - 28 feet).
Applicant revised his site plan to provide a 12-foot setback, additional
landscaping, and additional architectural detail along SW 39th Street.
At 12 feet, the 200-foot long building is still somewhat close to the street.
However, the setback is reasonable based on the odd configuration of the site,
applicant's efforts to preserve existing tree coverage, and the location of this
parcel.
MINIMUM PERVIOUS AREA: 30% required (28% provided). Applicant has
requested a variance to this requirement.
REQUIRED PARKING: The applicant has provided sufficient parking to
accommodate a mix of approximately 23% office space and 77% warehouse
space.
The applicant has also provided sufficient parking to accommodate a building
that is 10% office, 45% industrial, and 45% warehouse. This is a reasonable
estimate for industrial incubator buildings where the tenant mix between office,
industrial, and warehouse May change from time to time.
OFF-STREET LOADING: The applicant has provided three off-street loading
areas in the rear yard. However, trucks must back into the loading zones from
the adjoining public street (SW 22 nd Avenue). Under IROM zoning, access to
the loading/unloading areas is to be designed to allow trucks to enter and leave
the site "without having to back from or onto a public street." If the size or
configuration of a parcel makes it impractical to do so, the City Commission may
approve backing from a public street.
The subject parcel has an odd shape and abuts roads on three sides. As such,
staff recommends approval of the loading configuration as submitted.
VARIANCES: The applicant initially requested the following variances:
1. Variance to provide 26% pervious area (30% pervious area required).
2. Variance to allow 13 parking spaces along the same parking aisle without a
5' wide intermediate landscape island (maximum 12 spaces allowed).
3. Variance to allow gaps in the 24" high perimeter hedge (except for required
pedestrian and vehicular access)
4. Variance to allow 49 trees (63 trees required) within a vehicular use area.
5. Variance to waive required landscaping around the dumpster and A/C units.
The plans have since been revised such that variances 2-5 are nor longe
necessa[y. Additional pervious area has been added such that 28% pervious
area has now been provided.
2 MANDELL CC REPORT 022201.DOC
PUBLIC WORKSIUTILITIES AND FIRE RESCUE
Both the Public Works/Utilities Director And the Fire Marshall have indicated
preliminary approval of the site plan (see attached memos).
STAFF AND PLANNING AND ZONING ADVISORY BOARD
RECOMMENDATION (VARIANCE)
Approval of 28% pervious area based on the odd configuration of the site, the
applicant's efforts to preserve existing tree coverage, and the location of this
parcel.
Approval shall be subject to the following:
1) Applicant to provide a copy of recorded plat or evidence of "Trafficway
Dedication" prior to issuance of building permit.
2) Applicant to submit outstanding cost recovery fees prior to issuance of
building permit, including $3,000.00 for landscape inspections during the
tree relocation period.
STAFF AND PLANNING AND ZONING ADVISORY BOARD
RECOMMENDATION (SITE PLAN)
Approval of site plan, subject to the following:
1) Applicant to provide a copy of recorded plat or evidence of "Trafficway
Dedication" prior to issuance of building permit.
2) Applicant to submit outstanding cost recovery fees prior to issuance of
building permit, including $3,000-00 for landscape inspections during the
tree relocation period.
3 MANDELL CC REPORT 022201.DOC
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: FEBRUARY 27, 2001
2. DESCRIPTION OF AGENDA ITEM: VA-55-00 - VARIANCE REQUEST BY MARVIN
MANDEL, PRESIDENT, MFA INVESTMENTS, LLC FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF SW 39TH STREET AND RAVENSWOOD RD. WITHIN THE
CITY OF DANIA BEACH
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION Z
4. SUMMARY EXPLANATION & BACKGROUND:
Request for variance from Chapter 28, Zoning, Article 27.60(b) Pervious and Impervious
Areas. Request is for a vari2nce to provide 26% pervious area (30% pervious area
required.); and Chapter 26 - Vegetation, Article IV - Landscaping as follows:
1. Variance to allow 13 parking spaces along the same parking aisle without a 5' wide
intermediate landscape island (maximum 12 spaces allowed).
2. Variance to allow gaps in the 24" high perimeter hedge (Except for required pedestrian
and vehicular access, 24" perimeter hedge to be continuous around the perimeter of the
site).
3. Variance to allow 49 trees (63 trees required) within a vehicular use area.
4. Variance to waive required landscaping around the dumpster, lift station, and A/C units.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Variance 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 Approved this request at their January 17, 2001 regular
meeting
Submitted by:
Laurence G. Leeds,AICP, Director Date 02/21/2001
Growth Management Department
City Manager Date