HomeMy WebLinkAboutR-2000-011 RESOLUTION NO. 2000-011
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY
HERB GREEN, AVID ENGINEERING REPRESENTING MARK SHELDON OF
REGAL VENTURES, INC. FOR PUBLIX SUPERMARKETS, FROM CHAPTER 28,
ZONING, ARTICLE 6.64. PRINCIPAL ARTERIAL COMMERCIAL DESIGN
STANDARDS OVERLAY FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF DANIA BEACH BLVD. AND SE 5T" AVENUE, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning,Article 6.64., sets
the Principal Arterial Commercial Design Standards for the City of Dania Beach; and
WHEREAS, Herb Green,Avid Engineering representing Mark Sheldon of Regal Ventures,
Inc. for Publix Supermarkets; has applied for a variance (VA-90-99) to allow for the peek roof
requirement be waived, and that they be allowed to use parapet roofs for property located at the
Southwest corner of Dania Beach Blvd., and SE 5,h Avenue, Dania Beach; and
WHEREAS, the Planning &Zoning Board on January 5, 2000, recommended that the City
Commission grant variance request VA-90-99 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-90-99, for a variance as described above from
the Principal Arterial Commercial Design Standards in Chapter 28, Zoning,Article 6.64 , a copy of
which is attached as Exhibit "A" is approved subject to the following conditions:
a) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to have his architect improve the design detail of SE 51h Avenue
elevation;
b) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to continue mansard roof line South along the East face of the
building around the southernmost Southeast corner of the store to the rear loading dock, adding"S-
1 RESOLUTION NO. 2000-011
r Type" tile roof;
•
c) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to meet with Gene Malone, Meadowbrook Condominium
Association, concerning adding more attractive roof features to enhance view from Meadowbrook
Condominium;
d) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to restrict truck deliveries between 8:00 a.m. and 8:00 p.m.;
e) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to prohibit delivery truck engines from operating during deliveries
to reduce noise impact on residents;
f) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to require delivery trucks exiting onto SE 5t"Avenue to travel North
• bound only;
g) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to install sound proof concrete wall between Publix and
Meadowbrook Condominium leaving most of the foliage;
h) Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc.
for Publix Supermarkets, agrees to revise Site Plan, Building Elevation Plans and Landscape Plan
and resubmit to City staff and City Commission for review.
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 25T" DAY OF January, 2000.
•
2 RESOLUTION NO. 2000-011
ERTINO
ATTEST: MAYOR - COMMISSIONER
ROLL CALL:
SHERYL C APMAN ' MAYOR BERTINO - YES
ACTING CITY CLERK VICE-MAYOR MCELYEA - YES
COMMISSIONER ETLING - YES
COMMISSIONER CALI - YES
COMMISSIONER MIKES - YES
APPROVED AS TO FORM AND CORRECTNESS:
By: A 4j�v
THOMA J. ANSBRO
CITY ATTORNEY
3 RESOLUTION NO. 2000-011
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•
CITY OF DANIA
100 'WEST DANIA REACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATIO`] NUMBER 'i ri— _(�� --±� DATE FILED A
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania,
Florida to consider the variance of the parcel(s) of land described in
this application.
NAME OF APPLICANT: Herb Green-And Enaineering,Inc.
ADDRESS OF APPLICANT: 7575 Dr.Phili_Ds 3lvd Ste245 PHONE: 407-248-0505
Orlandc,FL 32819
PROPERTY :NTEREST OF APPLICANT: Project Engineer
'LAME AND ADDRESS OF PROPERTY OWNER '_F NOT THE APPLICANT) : Mark Sheldon
Regal Ventures,inc.,2454 McMullen Booth Rd. Bid B Ste 409 Clearwater, FL
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Located on the S.W. Corner of Dania Beach Blvd and S.E. 5th Ave
•
ZONING CLASSIFICATION: DB-3 LOT SIZE: 8.86AC AREA: 385,759
PRESENT USE: Golf Driving Range
DESCRIPTION OF THE VARIANCES) REQUESTED: Parrapet Roof in lieu
of Peek Roof_
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, .ARCHITECT,
ATTORNEY, ECT. IF ANY):
Project Architect, Fisher and Associates, Inc. (813)443-4436
PLEASE COMPLETE THIS PORTION OF 'HE APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
ANY OTHER PROPERTY.
The following questions pertain to 0 e criteria upon 'which the City
Commission and Planning and Zoning 3oard consider ,f a variance will
not he contrary to the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how special conditions and circumstances exist which are
peculiar to the land, structure or building involved and 'which are
^.ot applicable to other lands, structures or buildings in the same
zoning listrict.
:e Project Recu.res Comoresso=s,f7otors and Fans to be
;tacedatcp the roof for refrioeration.
�`"`�`�F�°`f° `S!h'F+t �"p�'�"S�p,7N=��$�`S�'�9iSL`�j�"yi fx."'•�'hs 'y`;'^�..��"�'�'-�''L �'`1A st„�e.r�iG✓;`Lx'"�.�Y��. +-t'` otc a :`'��'i��1a4� �y 'Y'f' l.i
7rovide eviden, that the soecLal conditic and circumstances
ao not result -rom the actions of the appLicant.
The refriaeration requirement has no reflection to
the applicants actions.
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, bui_;inas ;,r tructures in this same
zoning district.
The aonlicant seeks variances to huiId p arrapPt -nof and
niria tha rnnf ecluipMent. thereforeno special privilidae
drru 1 rl ha PEAC£wE0
Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the aoolicant of rights commonly
enjoyed 'by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
-ha ira rode limits motors -mpressnrC -*r 'di thin
enclosed roofs and to construct additional buildings would be
snare and rust p—hihitive
Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
The most effective location for this equi1_,_pment would be the
roof and it would be unreasonable to construct additional
enclosure buildings to locate this equipment.
o. 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 other-
wise detrimental to the public welEare.
The prnposed parrappt rnnf would allow the buildings to
hide the equipment and maintain building aesthetics.
Please acid any other comments which may assist the City Commission
and the Planninq and Zoning Board in reviewing this request.
None
?TOTE: aLL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
._ITN COMMISSION.
icnature of �eitioner p
Sworn `o and subscribed before rie this L(- �iay of ccI,Lcf` 19 1 Y
Commission Expires:
`IO t3 C'/ 7,10liC
r ANDFEA L SUTTON
tale W Fw,,.
mconm.em.�w.=e,woo
FOR USE WHEN PE"iiiI TIER IS >lOT WNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE
AUTHORIZED TO MAKE AND FILE THE
AFORESAID PETITION FOR VARIANCE.
ignature of Owner
Street address, it/, State s Zio
Telephone
Sworn to and subscribed before -.e this day of i9
Commission Expires:
Notary Public
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey Fee
List of Adjacent Property Owners
THIS FORM -TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
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NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on January 25,
2000 at 7:30 p.m.. or as soon thereafter as possible, in the 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 a request, as follows:
1) VA-90-99 - Variance request by Herb Green, Avid Engineering representing Mark Sheldon of Regal
Ventures, Inc. / Publix Supermarkets from Chapter 28, Zoning, Article 6.64. Principal Arterial Commercial
Design Standards Overlay — The applicant is requesting that this requirement be waived and that they be
allowed to use parapet roofs. Property located on the SW Corner of Dania Beach and SE 5th Ave., Dania
Beach "Dania Beach Plaza Plat" and is related to SP-91-99 —which is a site plan request for the proposed
construction of a Publix Supermarket. The Property is legally described as a portion of the northeast 1/4
of the southeast 1/4 of the southeast 1/4, of section 34, township 50 south, range 42 east; Broward
County, Florida, being more particularly described as follows: Commence at the northeast corner of the
southeast 1/4 of the southeast 1/4 of said section 34; thence run south 01 degrees 42 minutes 30 seconds
east along the east line of said section 34 for a distance of 140.61 feet to a point; thence run south 87
degrees 38 minutes 41 seconds west for a distance of 35.00 feet to the point of beginning; thence run
south 01 degrees 42 minutes 30 seconds east along the west right-of-way line of southeast 5th avenue for
a distance of 502.05 feet to a point; thence run south 87 degrees 20 minutes 50 seconds west along the
south line of the northeast 114 of the southeast 1/4 of the southeast 1/4 of said section 34 for a distance of
639.39 feet to a point; thence run north 01 degrees 52 minutes 02 seconds west along the west line of the
northeast 1/4 of the southeast 1/4 of the southeast 1/4 of said section 34 for a distance of 626.90 feet to a
point; thence run north 87 degrees 20 minutes 04 seconds east along the south right-of-way line of Dania
Beach Boulevard for a distance of 516.11 feet to a point; thence run south 01 degrees 42 minutes 30
seconds east along the west line of the east 160.00 feet of the northeast 1/4 of the southeast 1/4 of the
southeast 1/4 of said section 34 for a distance of 125.01 feet to a point; thence run north 87 degrees 20
minutes 04 seconds east for a distance of 125.01 feet to the point of beginning. (containing: 385.759
square feet).
2) SA-98-99 - Sign adjustment request by Joan Kerns, Executive Vice President / General Manager of
DCOTA, for property located at 1855 Griffin Rd., Dania Beach, from Chapter 28, Zoning, Article 28.060,
Prohibited Signs (6) which states that "signs with visible moving, revolving, or rotating parts or visible
mechanical movement of any description or other apparent visible movement achieved by electrical,
electronic, or mechanical means, except for traditional barber poles, unless approved through the sign
adjustment procedure." The property is legally described as A portion of parcel "A", Design Center of the
Americas Plat Book 119, Page 32, B.C.R., according to the plat thereof.
Information and copies of the proposed petition are available for viewing in the Growth Management Department, 100
West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 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.
Lou Ann Cunningham
Planning Technician /
Published January 14. 2000
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
tot
_6
1. DATE OF COMMISSION MEETING: JANUARY 25, 2000
2. DESCRIPTION OF AGENDA ITEM: VA-90-99 -VARIANCE
3. Commission action being requested: Adopt Resolution
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request from Chapter 28, Zoning, Article 6.64. Principal Arterial Commercial
Design Standards Overlay — The applicant is requesting that this requirement be waived
and that they be allowed to use parapet roofs for a proposed Publix Shopping Center to
be located on the SW Corner of SE 5`h Avenue and Dania Beach Blvd., Dania Beach.
(Reference SP-91-99—Site Plan Request for Publix Shopping Center)
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Memorandum, Leigh R. Kerr, AICP - Planning Consultant
Resolution
Location Map
Variance Application
Public Hearing Notice
® 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Leigh R. Kerr, AICP January 18, 2000
Planning Consultant Date
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Michael Smith, City Manager
FROM: Leigh R. Kerr, AICP — Planning Consultant
DATE: January 19, 2000
SUBJECT: VA-90-99 VARIANCE
SP-91-99 SITE PLAN
APPLICANT: Herb Green, Avid Engineering representing Mark Sheldon of
Regal Ventures, Inc. for Publix Supermarkets
REQUEST: Variance request from Chapter 28, Zoning, Article 6.64.
Principal Arterial Commercial Design Standards Overlay —
• The applicant is requesting that this requirement be waived
and that they be allowed to use parapet roofs
Site plan request for a Publix Shopping Center
LOCATION: SW Corner of Dania Beach and SE 5tn Ave., Dania Beach
"Dania Beach Plaza Plat"
EXISTING ZONING: C-2 Commercial
FUTURE LAND USE: Commercial
PROPERTY SIZE: 8.86 acres (385,759 sq. ft.)
SURROUNDING ZONING: C-2 Commercial to the West, East and North;
R-3A to the South (Meadowbrook Lakes
Condo Assn.)
SURROUNDING LAND USE: Commercial to the West and East; Commercial
Recreation to the North; Medium High (25) to
the South
Page 1
• The Publix site is situated at the southwest corner of Southeast 5" Avenue and
East Dania Beach Boulevard and will be situated on the Frosty's driving range
site. The site is proposed to be utilized for a retail shopping center with Publix
supermarket as the anchor. The site has a total of 66,211 square feet of building
and the Publix facility will contain 44,265 square feet. Also they have identified a
Parcel 2 which is proposed as a future outparcel and is not part of the subject
approval. This proposed Parcel 2 is situated at the northwest corner of the site.
Generally, they have provided for two (2) access points on East Dania Beach
Boulevard and two (2) access points on Southeast 5tn Avenue to serve the
facility. The Publix supermarket is situated on the rear of the site, more or less
centered in that location. The balance of the proposed retail extends east and
west from the Publix facility. Also included is a request for a variance from the
roof type which is a parapet roof rather than a pitched roof as required by Code.
VA-90-99
As part of the project, the applicant has requested a parapet roof in lieu of a
peek roof. They indicate this request is because of the compressors, motors and
fans on the roof area. They indicate that the Fire Code limits motors and
compressors within enclosed roofs and that is their hardship. They indicate that
this is unique to this type of facility. The proposed roof is similar to the roof at the
• Publix being constructed on Griffin Road.
The staff has reviewed the variance request per the Code and we do not concur
with the applicant's proposal. We believe that interpreting the Code to provide
relief for rooftop structures in this manner is something that could easily be
applied to any proposed facility within the City of Dania Beach and is not unique
to this facility. We do not believe that special conditions or circumstances apply
that distinguish this applicant from other applications in the community. We
believe that it would provide a special privilege to this applicant and we do not
believe the literal interpretation of the provisions of this Code would deprive the
applicant. The staff recommends denial of the variance request.
SA-91-99
Staff has conducted a review of the site plan in accordance with the City
standards. As you are aware this parcel is also the subject of the Dania Beach
Plaza Plat which was recently approved by the City Commission and is currently
under review by Broward County.
A. TRAFFIC/ACCESS
1. Please see attached report from Hughes Hall, Inc.
Page 2
® C. PLAN REVIEW COMMENTS
Since the December Planning and Zoning Board meeting, the applicant has
provided several revisions to the plans in response to our previous comments.
These include enhanced landscaping; reduction of the southeast opening to out
bound only traffic; explanation on the handling of solid waste and loading (see
attached memo from Avid Engineering ) and provision of building elevations. The
following identifies the remaining conditions:
1. Signage in accordance with the City Code will need to be provided
prior to building permit.
2. A lighting plan must be provided in accordance of Code prior to
issuance of a building permit.
I Building elevations have been provided but must depict colors.
4. Re-label the City name to read "Dania Beach"
5. Tree removal license in accordance with Code prior to building permit.
D. LANDSCAPE PLAN
1. Trees to be installed per Section 26-50(b)(2) and(3) - Trees on a
frequency of one (1) per every forty (40) feet on the residential side of
the wall and one (1) per eighty (80) on the commercial side; shrubs
• one (1) per every three (3) feet on both sides of the wall.
2. An irrigation plan shall be submitted prior to building permit issuance.
3. All landscape areas interfacing with vehicular areas will be curbed.
4. The type of stock will be Florida Number One or better.
Staff recommendation:
VA-90-99 - Variance: Denial as the applicant has not demonstrated
sufficient hardship.
Sp-91-99 - Site Plan: Approval subject to the above comments and
recommendations.
Planning and Zoning recommendation:
VA-90-99 - Variance: Approval with the condition that the parapet roof
wraps around to the back (4-1).
SP-91-99 - Site Plan: Approval subject to staff recommendation, except:
Page 3
1. Two (2) entrances on Dania Beach Boulevard;
2. Delivery restricted to not earlier than 7.00 AM and not later than 7:00
PM;
3. Bond for a percentage of traffic signal at Dania Beach Boulevard and
Southwest 5`h Avenue. (Percentage to be determined by City
Commission.); and
4. Rear buffer to be worked out with Meadowbrook residents.
SRAVA-90 PUBLIX
Page 4