HomeMy WebLinkAboutR-2001-060 RESOLUTION NO. 2001-060
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY RICHARD BEIDL, AGENT FOR PORT 5, LTD.,
FROM CHAPTER 28 ZONING, ARTICLE 29 PERVIOUS AND IMPERVIOUS
AREAS AND CHAPTER 26, VEGETATION, ARTICLE IV LANDSCAPING, FOR
PROPERTY LOCATED AT 2150 NE 7TH AVE., DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning, Article 29, sets the
Pervious and Impervious requirements for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26 Vegetation, Article IV, sets
the Landscaping requirements for the City of Dania Beach; and
WHEREAS, Richard Beidl, Agent for Port 5, Ltd. has applied for a variance (VA-18-01) to
allow for
(1) permission to provide 20% pervious area (30% required); and
(2) a generalized landscaping variance;
for property located at 2150 NE 71h Avenue, Dania Beach; and
WHEREAS, the Planning &Zoning Advisory Board on March 21, 2001, recommended that
the City Commission grant variance request VA-18-01 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-18-01, for a variance as described above (from
requirements in Chapter 28,Zoning,Article 29 Pervious and Impervious Requirements and Chapter
26, Vegetation, Article IV Landscaping), a copy of which is attached as Exhibit "A" is approved
subject to following conditions:
(1) Provide written documentation that the applicant has contacted BCAD/FAA;
(2) Fire Marshall's comments (attached);
(3) Architect to provide letter (signed and sealed) indicating that he has informed the
applicant and property owner that industrial uses cannot be substituted for
warehouse/distribution uses due to limited parking.
Document1 1 RESOLUTION NO.2001-060
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® repealed to the extent of such conflict.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 101h DAY OF APRIL, 2001.
YOR— COMMISSIO 'ER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-ABS ENT
COMMISSIONER MIKES-YES
SHERYL HAPMAN COMMISSIONER McELYEA-YES
ACTING CITY CLERK VICE-MAYOR CHUNK-YES
MAYOR FLURY-YES
APPROVED AS TO FOR AND CORRECTNESS:
By: ( /
HAS J. ANSBRO
CITY ATTORNEY
0
Document1 2 RESOLUTION NO.2001-060
a t
APPLICATION NUMBER: CITY OF DANIA BEACH
-
100 WEST DANIA BEACH BLVD.
V �"► ' �� 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. I,
NAME OF APPLICANT: ?2.r 5� L`J r Phone: �`i•18t-SO73
ADDRESS OF APPLICANT: S�2 315T �1/(G � c)fL3Fax: IS14 '181'SD?s
PROPERTY INTEREST OF APPLICANT: OwNr✓tZ
NAME AND ADDRESS OF PROPERTY OWNER: SA c
ADDRESS AND LEGAL DESCRIPTION OF SUBJECFROPERTY� 19 3� N1;7T� "V
off' "NISA 'PLAT" AGCp G lO Abt N 'fi4E Rh i 77,IEkEaf- AS EcoRMD I nt 1--LA
147 t f T'AGr 14 of rHr=Touts.WsS�6 cc'&QnwArZD cAmm -FupN'bfl
PRESENT ZONING: I1?6 LOT SIZE/AREA: 4.34 ACRES
PRESENT/ PROPOSED USE OF PROPERTY: JACA"r 1AIAN/ WI\M"OUSE6
E
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
�, C�2Al.t2�.t� l.Anf�scp►'P�VARIANCE Zl�% -t1tay5 Amfl
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT, ATTORNEY):
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 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.
SITE I�GA T�o N ' EKI ST j N C9 W 4 T VRAL 1-Af .SGAPE C;
4
X' 2) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
•
3) Describe how granting the requested variance(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.
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.
Cuan&Am Zoo im Ry-(!;mAL 6 -30% 25501 wS WOULI t' K N IS
�2oSr�G"'i; L ASr1�,1-F TIE "'fo SI'i� CON�l7LctJS
5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
r
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.
7) Please add any other comments which may assist the City Commission and the Planning and
Zonin�Board in reviewing this request.
T s
—,µ _ Y % btj 5f• - 9
This is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(Complete only if applicable) I have also authorized the undersigned petitioner
to make and file this application for variance.
SIGNATURE OF APPLICANT
STATE OF FLORIDA
COUNTY OF BROWARD
M L� 2001 b e
The forgoing instrument was acknowledged before me on y
as(title) V for[name of entity] S
a Florida Corporation,who is__personally known to me,o40;Y
produced
® as identification.
M Commission lxprFes :^t PU LIC
Y r .� 5
,291-4
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I 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.
l
SIGNATURE OF O ER
STATE OF FLORIDA
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on `V1 1 H b 2001 by aayhS
, as[title] AID for[name of entity]_orf.5, -
a Florida Co oration,who is_Personally known to me, or produced
as identification
My Commissii�nF�xpires
NOT PUBLIC
AC'1;�!*-,G:NUiARY
;i
Check list for anning Dept: Plan Fee Survey
6
6
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on April 10, 2001 at
0:30 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:
C) VA-18-01 - Variance Request by Richard Beidl, agent for Port 5, Ltd. For property located at 2150 NE 7th
Ave., Dania Beach, also known as Parcel B, Nisa Plat. Mr. Beidl is requesting (1) permission to provide 20%
pervious area (30% required), and (2) a generalized landscaping variance.
Legally described: All of Parcel "B" according to the "Nisa Plat", as recorded in Plat Book 147, Page 14 of the
Public Records of Broward County, Florida. Said lands situate in the City of Dania Beach, Broward County
Florida, containing 188,865 square feet (4.336 acres) more or less.
Copies of the proposed petitions 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
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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach
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 Planning and Zoning Advisory Board or the City
Wommission 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
Publish: Friday, March 30, 2001
Broward,FL 1998-99-50-42-26-09-0020,Sheet:1 of 1
N
�w
V
FT.�LAUDEALE HOLLYWOOD
INORT IST ADD.
1120-371
m
8 co
i
D U
i
>� m ZT
of o
r A m V
D cn m
A ro �m I
s O _ p
w �
m I'I i
i
_ I
i
� nc
z
C s�< L ssa•
n f
0 3 Z e
O N a
o a wyam co o
z ® W Z ^ C7 "0
1 n
A� A
m "v p1 D O
® Q� m
m m
m m H
F.P.d L.EASEMENT - r
- - - -- - - - - D c
- _ a --- — 1,777
m rn
N•
d A r N D O � CAI�s XRI
G 4 Vm
car F. P. 9 L. EASEMENT
I
9 �
s
PORT EVERGLADES INDUSTRIAL PARK
SEC. 3 (148-2) m
0
MCINTOSN no.
c
_.. O
O
_
! .. n
rn Z
�C a -- m 0 07
C ja %n y N.
® a D U
rn
v ch S.E. 18TH
W
sf )
cn cn cn cn cn v o n
., & � & .11 z05 �
N N N N. N D `
N N N N N W D
CA CA
CP 91 tn
000c0oc0o 0 > z
0 0 0 0 0
00000 - tAD
N N W N —
N C7 C) C� r T co
2
m
w
OG O D o W 2
cn > MUl�' � <
v
O ;o -< r- m
z
= o � v
� 0a0
M ;o U) X
Z v al
c ° 0
z n ;o
mr m
n
m
r
M
O
c z o -n
0 —
c,» C4 3
-4 CO 0) U)
® c� ocnmoo N D
co
co N co p' r
a,; O
O Q , 0OZm � � � G)
r or
_—� to
m � � � D
y �
m > rn �
m ;u
v •
-n -n - = D
O O O D
;o M X r r
5—, z
If,\(! mmmmz
v w v X
o m m m
� -n -
_ .: �. WwoC., o0o
c p rnCflc
i l �i
'�A A f A t II w♦A•A R T
t� TOV
.1 N
N �
Cn CA Cn
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. '
1. DATE OF COMMISSION MEETING: 04/10/01
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - VA-18-01 - VARIANCE REQUEST BY
RICHARD BEIDL, AGENT FOR PORT 5, LTD. FOR PROPERTY LOCATED AT 2150 NE 7TH
AVE., DANIA BEACH
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Port 5, LTD. is requesting:
(1) permission to provide 20% pervious area (30% required); and
(2) a generalized landscaping variance;
Property located at 2150 NE 7th Ave., Dania Beach, also known as Parcel B, Nisa Plat.
5. ATTACHED EXHIBITS`AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
® Resolution
Variance Application
Public Hearing Notice / Location Map
Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approved this request at their March 21,
2001 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date April 5, 2001
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
® STAFF REPORT
TO: Jason Nunemaker, City Manager
C: C FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: April 10, 2001
RE: Port 5, Inc: New 72,000 Square Foot Office/Warehouse
Building located 2150 NE 7th Avenue (located south of Hertz
Rental Car east of the Airport)
VA-18-01: Variance Request to:
(1) Provide 20% Pervious Area (30% Required), and
(2) Approve a Generalized Landscape Variance.
k
SP-03-01: Site Plan for New 72,000 Square Foot
Office/Warehouse Building
VA-18-01: Variance Request To Provide 20% Pervious Area (30% Required) and
Generalized Landscape Variance
The major change in the Zoning Code since this site plan was originally approved two
years ago is the requirement for "30% pervious area." The previously approved (and
current) site plan provides only 20% pervious area.
Based upon the previous approval of this site plan, the location of this property between
the Airport and Port Everglades, and the absence of nearby residential development,
staff does not object to the 20% pervious requirement variance.
Applicant also requires a generalized landscape variance (i.e. variance to provide less
than the required 20% "vehicular use area" landscaping) to obtain approval of the site
plan previously approved by the Commission. Staff recommends approval of the
generalized landscape variance, subject to the discretion of City Landscape Consultant.
SP-03-01: Site Plan for New 72,000 Square Foot Officelwarehouse Building located
2150 NE 74h Avenue (located south of Hertz Rental Car)
The applicant has submitted a site plan for a 72,000 square foot office/warehouse
building. This property is zoned IRO (Industrial Research Office).
PORT 5 CC MEMO 04100140C
The applicant has provided sufficient parking to accommodate a mix of 10% office and
® 90% warehouse/distribution. The site plan does not provide sufficient parking to allow
"industrial" in lieu "warehouse/distribution" (Warehouse/distribution requires one parking
space/800 sq. ft. while industrial requires one parking space/500 square feet).
The plan complies with setbacks and loading requirements (loading is provided in a
central courtyard area). Architectural treatment of the building along NE 7th Avenue is
somewhat similar to IROM architectural requirements.
Site access is via a common access driveway shared with Hertz. The Public
Works/Utilities Director indicates preliminary approval. Fire-rescue requires additional
notes be made on the site plan.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Variance: Staff recommends approval of the pervious area variance and generalized
landscape variance.
Site Plan: Staff recommends approval of the site plan, subject to the following items
being addressed prior to building permit:
1) Provide written documentation that the applicant has contacted BCAD/FAA.
® 2) Fire-Marshall's comments (attached).
3) Architect to provide letter (signed and sealed) indicating that he has informed the
applicant and property owner that industrial uses cannot be substituted for
warehouse/distribution uses due to limited parking.
PORT 5 CC MEMO 041001.doc