HomeMy WebLinkAboutR-2001-102 RESOLUTION NO. 2001-102
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE ZONING APPEAL REQUEST
SUBMITTED BY RODNEY B. HARRISON, OWNER,JIMMIES
CHOCOLATES, FOR THE LOCATION AT 126 NE 1ST
AVENUE, 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, Rodney B. Harrison, owner, Jimmies Chocolates for the location at 126 NE 1St
Avenue, has requested a zoning appeal from the decision of Growth Management Director on May
29, 2001, where it was determined that "Tempering Chocolate" is not a permitted or special
exception use in the C-2 zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application letter dated May 29, 2001 (ZA-32-01) for a zoning
appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is
approved with the following conditions:
a) Hours of operation limited to 8:00 a.m. to 5:00 p.m. Monday through Friday;
b) Parking limited to existing paved area adjacent to NE 1"Avenue;
c) No outdoor storage of equipment.
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repealed to the extent of such conflict.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.
r-za-32-01 jimmies chocolates.doc 1 RESOLUTION NO.2001-102
PASSED AND ADOPTED THIS 12T" OF JUNE, 2001.
PAT FLURY- MAYOR '
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
COMMISSIONER MIKES-YES
C ARLENE AQNSON COMMISSIONER McELYEA-YES
ACTING CITY CLERK VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
TH MAS J:tANS O
CITY ATTORNEY
r-za-32-01 jimmies chocolates.doc 2 RESOLUTION NO.2001-102
1 = 1 -At,1 FPOt-1 POCNJE`r HAPP I`01�1 954 7O2 0770 P. 2
i
JIMAME ' S
C H O C O L A T E 5
Ro& yS.Hamson 148 North Federal Highway Ch000lBTC 3=20 dcFrs afy
Ke�ted� 13nith Danis Beach, Florida 33004 Tel: (954)922-0441
Fax: (954)92Z-9012
Florida's Oldest Chocolatier
Established at this location in 1947 $sines Office/Marken
Ted: (954)791-0420
Fax: (954)792-0770 .
May 29th, 2001
c� RE
Larry Leeds
ds D
a
City Hall =
Dania Beach, FI. 33004
Re: Additional location at 126 NE 1st Avenue
® Dear Larry,
This is a follow-up to our May 23rd letter informing you that we are
intending to add to JIMMIE'S presence in Dania Beach by moving our candy
making operation to the 126 NE Ist Avenue location, which is essentially
right across the street from us.
The proposed use; 126 would be for our use only with no retail or
other contact from the Rublic. Our use of 126 would be to make our
chocolates to be sold across the street in our store at 141 NE 1st Ave.
(148 No. Federal Hwy.) "Tempering" chocolate at this location means
generally melting it. It is not a baking or cooking operation and produces no
fumes and no waste.
Hours of operation for Z employees would be from 8:30AM until
2:OOPM, Monday through Friday from November through May. During June
through October chocolate would be made approximately 3 days per week
during those hours, generally by one employee.
I 7At l FPUt t RUDf,IE`r HARP I SUf.i 954 792 0770 P.
Mr. Larry Leeds
May 29, 2001
Page 2
These employees would park in the existing spaces in front of the
building. There would be no tractor-trailer trucks or semi's involved.
Please advise if any further information is required.
Thank you for your consideration.
Very truly yourf
RODNEY B. HARRISON
RBH/cw
0
0
NOTICE OF PUBLIC HEARING
BY THE DANIA BEACH CITY COMMISSION
REGARDING THE FOLLOWING
ZA-32-01 - ZONING APPEAL
Notice is hereby given of an appeal requested by Rodney B. Harrison, Owner, Jimmies
Chocolates, from the decision of the Growth Management Director that the use
described as "tempering and processing chocolate" would be a permitted use within the
City of Dania Beach C-2 Zoning District. The proposed location is 126 NE 1s' Avenue,
Dania Beach.
The Dania Beach City Commission will hear this appeal on Tuesday, June 12, 2001, 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 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 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.
Mail / Publish: June 1, 2001
Broward.FL 2001-2002-50-42-34-04-0110, 126 NE 1ST AVE. DANIA FL 33004-2813 0007, Sheet: 1 of 1
N11 w ,
' --q COr I�
O � '� d m
- —T-� V Q \ A
c
1 J � O O � _
O m W O �� rn t o p
n
v O Tj 01--206ADM
r-
S y� 56
50
; C13
FEDERAL D p
AI -
LA � r i
AVE.
~ S x 053 0.54 11
0
RE SUB OF gLKS.
5e
r8o e o N
o MARWOCX
C 32-18 ) ,► '' J
0Am J
m
I
44
/V 1 .. tw • M �
^� � '14C� o pZ ��e � 7
_. _ N p � � RE-SUB O 32-47�
Oft SPAR RICH
OD:13
�z-r `� `'' o e CO -p N
Q7
� D �OcSO n ,;,
NOD (D = zO7 \ � — or
C Z =
cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn m cn cn cn cn D p o ()
0 0 0 o O o o 0 0 0 O O O O O O O o O O O O O O o O O O O O O O O -0 D O —
A A A A A A A A A A A A A A A A A A A A A A A A A A A z z C <
• N N N N N M N N N M N N N N N N N N N Na N N N N N N N N N fV N N N D C
W W W W W W W W W W W W W W W W W w W w w co W Cl) Cl) w W W W W W W w Co p -n
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A D Z
W W W w W W W W W W W W W W — 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00
N N N N N N N N N N N N N N N A A - � — — � - - � 0 0 0 0 CD D
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L L L L L L _. L L L 0 0 0 0 0
D Z
N N N fV N N -� -a N CD -,I -,I V V V w O w w w (n m cn (n Cn Cn = W D
w Cn A W N — O O V m Cn A N (D (D -Al. W N — O V m Cn A w CD A W N " CD CD O CD O CD O CD CD CD CD CD O CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Imo- D co
M
w S n
p � Oo0C) Z0M0 " -� MM0 > � rD -1lVcmoo � z �5 = m0 � � � cn0 c � _
-i m D ;o S D O C O r C C O E D D z c :* Z m c m D D D m D D X C <
K M O z Z D n m O_ p OT. m O 0 m 0 < �_ _ Z = m p
KmZXOC-- z �zjSODmKzT. n � Zmxm0DU � IZ � zrD' � � � p �
> rpW � � pD � -i � coDr0zmmO = T. D -zi � 0n zO0MC/ z
� � zmMTcOcnco MmxcZO � -� rn � � rry � 20c � � � r- MD � � �
ZG� � � � M > FnDOz0 < K, MZ 90 pmzD0 DpxOmp � C�
O= --q c cat_n � '- = � mzznim m o � � m90rn0D
m D � p WW n m = � coo � DK
Z > n � Oz z G) z
D O r- z
D 0
2 M z O
z z 0
O n O
M
m
X
...� CTI . . . �_ N W A cn A -U Cn W O cn .� _a A ...� _a .� .� ...� K K
V - Cn CND W ((DD O A � N CID -Al O Unn CO O O 0) A Cwn 0W0 O Cn 0) O 4N. O) N (.0 0)0) D
• mmmmD (' mmmmmmmzm * wONMM > cf) (" U) Nmmm °' mZ r
inci� �ncn � � �nininincncn � � � W � x � � � � � mm �" � ON � � � Z
C: p.. C) C� C� C� D = � pm (DoN � DD � � � � comp -� � Z -�I �D r�
-
I -I -i � < -
-I -i � -i -Imn -�imm M > > zDZ -�I < < C) <
-gym v m Mmoro
� p
rn
0
D D D D O _�
D D D D D D D O D O D D O D D D D D D D O D D D D D D
Z Z Z Z r D Z Z Z Z z Z Z m Z x < r r- Z Z r Z z Z D < K Z Z Z Z Z r
D D D D r — D D D D D D D � D � m5-> r D D D D D D — m m D D D C- D Z
0o 00 W 00 -n oo m co 0o CO Co CO D M D m z co m Z m 0o 0o m m D co 0o 0o O cn W O
D D D D O D D D D D D D c D C r D O D D D D D D r r O D D D m DEC)
00000 nC) C) C) C� nC� pC� p r' O0C) r000 M00000
2 2 2 2 p S S S S S S S m S x m p S S m 2 2 2 m S S S D 2
r r
M m -n
m m r
r r
w w w w w w w w w W w w w w w w w w w w w W W w w w W W W W W cD W fm
W w w w w w w w w w w w w W w w w w w w w w w w w w w W w w w cn w D C)
0 0 0 CD CD CD CD o 0 CD O w o w w CD o CD CD o 0 0 w 0 0 0 0 0
O o 0 0 N Cn CD O O CD O O CD O - N O N o 0 0 0 0 0 0 — 0 0 0 0 W 0 F S
A A A A V A A A A A A A Cp A Cn w w A A CD A A A Cn A A A A A A — O
C)
O
M
j
Ul Ul (P (.n O — n
A A D O
o
N N N N D
� AAamD
wwwwD Z O
N N N N c D Z_
O O O O =
w N N N- co D
o (floo � Tm
oCDCD0 > o
m
w = n
D m c <
� = c n �
r D
O = c O
Co Z
m D QO m
r m
r D 0 O
90 Z D Qo
DZ
S2o � 2
D O m
D D Cl)
D Z
m
(C)
• N O (0
U1 (11 (O � D
Wzzcn r
z m m m z
r - - w
D (/) (n X O
x --1 -1 O r
v —�+ —�+ < --i
m
D
N
O
v
= O O O
r- 0 DDD
Z Z Z
W co O
00 n n n
O
"n -n -n -n
-•-~ rrrr
L
- - wwww cn
-- wwww
o 0 0 =
_= CO A A A
_ O
r
�' D
AGENDA REQUEST FORM
CITY OF DANIA BEACH
3-PAGENDA ITEM NO. ' _V
1. DATE OF COMMISSION MEETING: JUNE 12, 2001
2. DESCRIPTION OF AGENDA ITEM: ZONING APPEAL ZA-32-01 - RODNEY B. HARRISON,
OWNER, JIMMIES CHOCOLATES, FOR THE LOCATION AT 126 NE 1s' AVENUE, DANIA
BEACH.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Zoning appeal from the decision of the Growth Management Director that the use
described as "tempering and processing chocolate" would be a permitted use
within the City of Dania Beach C-2 Zoning District.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Letter from Rodney B. Harrison, Owner, Jimmies Chocolates
• 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Staff review
Submitted by:
Laurence G. Leeds,AICP, Director Date June 5,2001
Growth Management Department
City Manager Date
• STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Jason Nunemaker, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: Appeal from an Administrative Decision of the Growth Management
Director that "Tempering Chocolate" is not a Permitted or Special
Exception Use in a C-2 Commercial Zoning District (Property
Located At 126 NE 1st Avenue)
Date: June 12, 2001
Applicant: Rodney B. Harrison
• The Growth Management Department received a request from Jimmie's Chocolates
(148 North Federal Highway) to expand their operation to include an existing building at
126 NE 1st Avenue. The applicant indicates the NE 1st Avenue location, one block
east of Federal, will be used for tempering (melting) chocolate. No retail sales will take
place at this location.
The subject parcel is zoned C-2. The current zoning designation, Future Land Use Map
designation, and existing land use for the surrounding properties are as follows:
Surrounding Properties:
CURRENT ZONING FUTURE LAND USE
DESIGNATION DESIGNATION
(Existing Land Use)
North C-2 COMMERCIAL
(Multi-family)
East RD-6000 10 UNITS/ACRE
(Single Family)
South C-2 COMMERCIAL
(Multi-family)
West C-2 COMMERCIAL
(Retail)
Jimmie's Chocolate Appeal 060621.doc
Parking spaces abut NE 1st Street. The remainder of the lot is grass, with a 5' hedge
located along the east lot line abutting an existing single family home. The building
appears to be vacant.
C-2 allows retail, office, personal service, sit-down restaurants, hotels, and cultural
uses. The most similar use, bakery, requires C-3 zoning. The applicant indicates the
"tempering" of chocolate is not baking, but a process where raw chocolate is melted into
varying shapes, tastes, and consistencies depending on the desired finished product.
Applicant indicates there are no fumes or waste, and that hours of operation are limited.
Based on applicant's letter of May 29, the proposed use would have less impact (in
terms of vehicle traffic and exhaust fumes) than a sit-down restaurant. As indicated
above, sit-down restaurants are a permitted use in this zoning district.
STAFF RECOMMENDATION
Pending public comment, staff tentatively recommends that the appeal be granted
(allowing the chocolate tempering facility), subject to the following conditions-
1. Hours of operation limited to 8:00 am to 5:00 pm Monday through Friday.
2. Parking limited to existing paved area adjacent to NE 1st Avenue.
3. No outdoor storage of equipment.