HomeMy WebLinkAboutR-2000-027 • RESOLUTION NO. 2000-027
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY
JACK STUDIALE, OWNER, TROPICAL ACRES RESTAURANT, FROM
CHAPTER 26 VEGETATION; ARTICLE IV LANDSCAPING - SEC. 26-43, FOR
PROPERTY LOCATED AT 2500 GRIFFIN ROAD, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Article IV, sets the
landscaping requirements for the City of Dania Beach; and
WHEREAS, Jack Studiale, owner of Tropical Acres Restaurant has applied for a variance
(VA-99-99) from Section 26-43 which relates to existing nonconforming vehicular use area
requirements for property located at 2500 Griffin Rd., Dania Beach; and
WHEREAS, the Planning&Zoning Board on January 26, 2000, recommended that the City
Commission grant variance request VA-99-99 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-99-99, for a variance as described above (from
requirements in Chapter 26 Vegetation, Article IV Landscaping, Section 26-43), a copy of which is
attached as Exhibit "A" is approved with the following condition:
Jack Studiale, owner of Tropical Acres Restaurant, agrees to provide
landscaping consistent with the restaurant site that would include 4 to 5 Palm Trees
(minimum of 6 to 8 foot of clear trunk), and hedge, sod and/or other landscaping to
obscure the sign base at the parcel on the opposite side of the street.
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repealed to the extent of such conflict.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 22"d DAY OF FEBRUARY, 2000.
R-va-99-99 tropical acres.doc 1 RESOLUTION NO. 2000-027
i_
M --CO M MISSIONER
ATTEST: ROLL CALL:
AJ MAYOR BERTINO - YES
VICE-MAYOR MCELYEA- YES
'SHERYAHAPMA COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO F DRM AND CORRECTNESS:
BY: I A Aj A
r
T IO ,AS AN BRO
CI ATTORNEY
R-va-99-99 tropical acres.doc 2 RESOLUTION NO. 2000-027
_ ?. OLD � _ ry Der; 3!?a.-h S S 4 1 S222S87
Date stamo
�.rpf ICATION NUMBER: CITY OF DANIA BEACH
�' 100 WEST DANIA BEACH BLVD.
DANIA BEAC;!, FL 3300^
(054) 921-8700 X262
A-PP _iCATION FOR VARIANCE
ne .undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance &the parcel(s) of land described in this application.
NAME: OF APPLICANT Craig A Smith & Associates as Agent for Tropical Acres Restaurant
ADDRESS OF APPLICA NT: 1000 W. McNab Road Pompano Beach, FL 33069
PROPERTY INTEREST OF APPLICANT. Owners Agent
NAME AND ADDRESS OF PROPERT" OWNER: Jack Studiale
r,DDRESS AND L_GA! DESCRIPTION OF SUBJECT PROPERTY:
2500 Griffin Road, Dania Beach, Florida 33312
PPESENTZONING: B-2 + R-IC LOTS17E!AREA: 3.24
Requested Zoning: C-2 Restaurant
RESENT( PROPOSED USE CF PROPERTY'
• DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
Section 26-43(1)
UST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT,ATTORNEY):
Same As Above
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 zonin,a district.
See Attached
0
2) Provide evidence that th4 special cerhitions and circumstances do not result from the actions of
t? e aooiican}.
See Attached
3) Describe how granting the requested variance(s) will not confer any special privilege on the
acolicant that is denied by the zoning code to other lands, buildings or structures fn tris same
zoning district.
See Attached
Provide evidence that the literal interpretation of the provisions of the zoning code would deprive
the applicant or rights commonly enjoyed by other properties in tf,e same zoning district and
would work unnecessary and undue hardship on the applicant.
See Attached
�) Describe hew the requested variance is the minimum variance that will make possible the
reasonable use cf the land, building or structure.
See Attached
tj) 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 vanance(s) will not be injurious to the area involved or otherwise
detrimental to the public welfare.
e Attached
^! Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request.
See Attached
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
i nis is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(CCmpre:e ,only if apof cable) ! have also authorized the undersigned petitioner
Craig A. Smith & Assoc. to make and file this aopli on fo�vari ..
SIG&AtURIE OF APPLICANT
STATE OF FLORIDA J. David Anderton, III
COUNTY OF BRO`WAR*J
Senior Planner, Craig A. Smith & Associates
The forgoing instrument was acknowledged before me on T)prpTnhpr 30 1999 by Tark .StudiaLe
as[tit[e] Owner of property for[nam of entity]
. a �ierida Corporation,who ts----eeraeneily-knowfrSe r r prod ed, river License
as identification.
Mv Commission Expires: OT RY SLiC
. AL LISON LEP
MY COMMISSION#CC 830762
;: EXPIRES:April 27,2003
Banded Thm Notary Public Undvwf m
ra- _ SS 02. 0 1 C_tj c, Dania 3:-: zah iSE$ l S222?SS?
FOR USE `,VHE%4 APPLICANT IS NOT OWNER OF SUBJECT PRGPERTY: THIS IS TO CERTIFY TIHA.T I ANI
THE O'PINER CF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT
THAT I HAVE AUTHO IZ=D Craig A. Smith & Associates TO MAKE AND FILE THE
AFCRESAID APPLICIIATiON FOR A SIGN ADJUSTMENT.
S GPI. URE OF�JbV\'ER
STATE OF FL OR!DA Jack Studiale
CC'J?-;7`( OF BROWARD
The forgoing instrument.vas ackn wledged before me on December 30 1999 by Jack Studiale
as[title] 8wner of property for[name of entity] N/A
a Ficrida Corporation,whoits----fler-sepall.-ki; a to-rue. or roducad FT. nr;.Tar T i cense
as identification. n /
My Commission. Expires: ;�:y ALLISON LEPEL l I
a• °%=.
?;:y COMMISSION#CC 830762 UBL.
tXPIRES:April 27,2003
F
-heck list for Planning Ce, L.. es Survey
c
TROPICAL ACRES RESTAURANT
VARIANCE APPLICATION
• 1. Described 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.
The Tropical Acres Restaurant (Subject Property), located within the City of
Dania Beach, was established in 1949. At the time the Tropical Acres
Restaurant was located in unincorporated Broward County. Therefore, the site
was developed in conformance with the Broward County Land Development
Code in effect in 1949. Subsequent to the construction of the restaurant, the
property was annexed into the City of Dania Beach. As a result of the
development of the subject property in conformance with Broward County Codes
in effect at the time the subject property was initially developed (1949), the
existing conditions of the subject property in 1999/2000 do not conform with
some of the requirements of the City of Dania Beach's current Land
Development Code related to off-street parking. Due to the fact that the property
was developed according to Broward County's Land Development Code and
later annexed into the City of Dania Beach, the property is classified as legal
non-conforming with respect to the code provisions for which it did not conform at
the time it was annexed or as may have been subsequently amended by the City
of Dania Beach. Therefore, as a result of the development of the subject
property in accordance with the requirements of the Broward County Land
• Development Code and subsequent annexation into the City of Dania Beach,
there are special conditions and circumstances which exist relative to the subject
property which are peculiar to the subject property and which are not applicable
to other lands located in the same zoning district which have been developed
within the City of Dania Beach in accordance with the City of Dania Beach's Land
Development Code.
First, we will establish the amount required parking necessary for a restaurant of
this size according to the current requirements of the City of Dania Beach's Land
Development Code. Currently, the restaurant is approximately 15,000 square
feet, of which, approximately 9,000 square feet is utilized as the customer service
and waiting areas. According to the Dania Beach Zoning Code Section 6-21, the
number of required parking spaces for a restaurant with 9,000 square feet of
service and waiting area is determined as follows:
9,000 sq. ft. (customer service & waiting area) T 40 sq. ft. (1 space per 40
sq. ft.) = 225 spaces
Therefore, the restaurant needs a total of 225 parking spaces in order to meet
the current requirements of the City's Zoning Code for off-street parking. The
existing parking area contains 118 spaces. The owner of the property is
currently processing an application for rezoning and site plan approval in order to
1
TROPICAL ACRES RESTAURANT
VARIANCE APPLICATION
provide additional parking on the site in order to meet the number of parking
spaces required by the City of Dania Beach's Code.
The purpose of the above referenced applications is to provide additional off-
street parking on the subject property so as to conform to the minimum number
of required parking spaces as stated in the City's Code of Ordinances. The new
parking area is proposed to be located on the southern portion of the property
and has been designed in accordance .with all current code requirements.
However, the existing parking area (located on the northern portion of the
property) was initially designed and constructed in accordance with the Broward
County Code requirements in 1949 and does not conform with Section 6-21 of
the City's Code of Ordinances related to interior landscaping. This application for
variance is related to the existing parking area only. If the existing parking area
is reconfigured to meet Code requirements in terms of interior landscaping, it is
estimated that 30-35 parking spaces would be lost in this area. Therefore, since
the existing parking along with the proposed additional parking equates to a total
of 234 spaces, the applicant will meet minimum current code requirements in
terms of the number of spaces. It is important to note that the perimeter of the
existing parking area is lushly landscaped (Griffin Road, SW 25th Avenue and
SW 26th Avenue) and the existing interior landscaping is lush as well.
Additionally, the frontage of the property along Griffin Road has been reduced
due to the widening of the roadway over the years. Therefore, currently the
owner of the property has less area to work with in terms of parking since the
• restaurant was established.
2. Provide evidence that the special conditions and circumstances do
not result from the actions of the applicant.
As discussed in response to question #1, the special circumstances and
conditions related to this property are a result of the property's initial
development in unincorporated Broward County (1949) and subsequent
annexation into the City of Dania Beach. These special conditions are not a
result of the actions of the applicant. The applicant is currently proposing to
provide additional parking, which will enable the subject property to conform to
the minimum requirements of the City of Dania Beach's current Land
Development Code relating to the amount of off-street parking to be provided.
The new parking area has been designed in conformance with all of the City's
current Code requirements. The requested variance is related to only the
existing parking area, which was designed at the time the subject property was
initially developed in accordance with the requirements of Broward County in
1949.
2
TROPICAL ACRES RESTAURANT
VARIANCE APPLICATION
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.
The granting of the variance 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 for the following reasons. First, the subject property was
originally part of unincorporated Broward County. Therefore, a different set of
zoning requirements were enforced on the property prior to the properties
annexation into the City of Dania Beach. As referenced previously, the applicant
is currently proposing to provide additional parking on the subject property, which
has been designed in accordance with all of the City's current Code
requirements. The new parking area is consistent with what would be required
for development of any property located in the same zoning district in the City of
Dania Beach. The requested variance is related to only the existing parking area
which is not proposed to be modified and was designed in accordance with the
Broward County Land Development Code prior to being annexed by the City of
Dania Beach. Second, most of the surrounding properties have similar, if not
less, landscaping in the parking areas including the perimeter and interior areas.
Therefore, the granting of this variance would not be uncharacteristic in terms of
landscaping for this area.
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 applicant is currently proposing to provide additional off-street parking on the
subject property in order to conform to the City of Dania Beach's current
requirements for off-street parking for a restaurant of this size. The property was
originally developed according to Broward County Code requirements and
subsequently annexed into the City of Dania Beach. As a result of annexation by
the City of Dania Beach the existing parking area does not conform to the current
Land Development Regulations of the City of Dania Beach with respect to interior
landscaping in the existing parking area. Due to reductions in the size of the
existing parking area located in the front of the existing building stemming from
the widening of Griffin Road, the applicant is left with limited area for additional
parking or additional interior landscaping in the front of the building. The
applicant has succeeded in saving several trees from being removed in the
existing parking area. In order to provide additional interior landscaping, a
complete reconfiguration of the existing parking area would be required which
would result in the loss of approximately 30-35 existing parking spaces and
several existing trees in order to gain the amount of interior landscaping
necessary to comply with the City's current code requirements. Rather than
completely redesigning the existing parking area, the applicant is striving to
achieve the minimum number of required parking spaces through the provision of
TROPICAL ACRES RESTAURANT
VARIANCE APPLICATION
additional parking areas on-site. Given that the applicant is currently proposing
to construct additional off-street parking on the property which has been
designed in accordance with all of the City's current requirements and the fact
that a complete reconfiguration of the existing parking area would be required
resulting in the loss of 30-35 spaces in order to comply with the current code
requirement for the existing parking area, an undue hardship would be imposed
by the enforcement of the current Code requirements for the existing parking
area.
5. Described how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
As stated in response to question #1, this variance request is related to the
existing parking area only. This parking area has existed for the past fifty years.
In order to provide additional parking on-site in conformance with the City's
current Land Development Code, the applicant is proposing to construct
additional parking areas, which have been designed to conform to all of the City's
current requirements. Together with the existing parking area, the total amount
of the new parking and existing parking will meet the City's minimum
requirements for off-street parking. If granted, this variance will not grant any
additional relief from the City's Code other than what has existed on the property
for the past fifty years. If a reconfiguration of the existing parking area is required
® in order to conform with the interior landscaping requirements, it is estimated that
approximately 30-35 parking spaces will be lost and it would not be feasible to
achieve the number of spaces required by the City's Code. Due to the fact that
the applicant is proposing to construct additional parking areas in conformance
with all of the City's current Codes, the fact the variance request will not grant
additional relief from the City's Codes than granted by the City when the property
was annexed, and the fact that a reconfiguration of the existing parking area will
result in a loss of 30-35 existing parking spaces, the requested variance is the
minimum variance necessary to allow for the continued reasonable use of the
existing parking area as it has been used for the past fifty years. Again it is
important to note that both the perimeter and interior landscaping that exists is
very lush.
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 in injurious to the area involved or otherwise
detrimental to the public welfare.
This variance request is related to the existing parking area only. This parking
area has existed for the past fifty years. Therefore, the granting of this variance
will not have a detrimental or injurious impact to the area because there will be
no additional relief from the City Codes other than has existed since the
® property's annexation into the City of Dania Beach. Additionally, the granting of
4
TROPICAL ACRES RESTAURANT
VARIANCE APPLICATION
the variance would not be injurious to the area or otherwise detrimental to the
public welfare due to the characteristics for parking and landscaping of the
surrounding properties. The granting of the variance will allow the applicant to
provide additional off-street parking areas which have been designed in
accordance with all of the City's Codes which when coupled with the existing
parking areas will enable the property to conform with the City's minimum
number of required parking spaces. Therefore, the granting of this variance will
be in harmony with the general intent and purpose of the City's Code.
7. Please add any other comments which may assist the City
Commission and the Planning and Zoning Board in reviewing this
request.
Since 1949 the Tropical Acres Restaurant has provided exceptional dining and
entertainment to the residents and tourists of the City of Dania Beach.
Additionally, patrons of this restaurant travel from all over Broward, Miami-Dade
and Palm Beach Counties to enjoy what the restaurant has to offer in terms of
service, entertainment and food. The Tropical Acres Restaurant is the City of
Dania Beach's and Broward County's oldest Steak House and Seafood
Restaurant.
Over the course of fifty years of operation there have been several interior
remodels of the restaurant. In addition, the restaurant has increased in its
popularity and as a result has seen a steady increase in the amount of patrons
choosing to dine at this location. It is this steady increase in patronage that has
led to some indoor capacity problems along with parking difficulties for the
restaurant.
M:\MUNIC\99-0781\answers.doc
•
5
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on February 22,
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-83-99: Variance request by Joseph Mancusi from Chapter 28, Zoning, Article 6.21 Schedule of Off-Street Parking
Requirements, to allow for a reduction in the number of parking spaces from 7 to 4; and Chapter 26, Article IV
Landscaping, Section 26-47 Vehicular Use areas to allow a reduction in the depth of the perimeter islands. This
request is in conjunction with a site plan to improve the parking and landscape area for the existing retail business
located at 227 North Federal Hwy., Dania Beach (Downtown Redevelopment District.) Legally described as Lot 12,
less the north 8.00 feet together with the north 49.00 feet of lot 13 in block 1 of"Town of Modelo" Plat Book "B" Page
49 of the Public Records of Dade County, Florida, less the east 8.00 feet thereof for road right of way. Said lands lying
and being in Broward County Florida.
2) SE-103-99 — Special Exception request by Nick Blount for Florida Power and Light Company for property located at
approximately the north side of SW 36th St. between SW 26th Terr. and SW 30th Ave. (2801 SW 36th St.) to allow for
the construction and operation of an electrical substation by FPL Company. Legally Described as: The east 400 feet
of the west 700 feet of the south one-half (S 1/2) of the southeast one-quarter (SE 1/4) of the southwest one-quarter
(SW 1/4) of Section 20, Township 50 South, Range 42 East, Said lands lying and being in Broward County, Florida.
Containing 273,308 square feet(6.2743 acres, more or less).
3) RZ-88-99 - Rezoning request by Jack Studiale, owner Tropical Acres Restaurant from Residential R-1 C / Commercial
B-2 to Commercial C-2 as described in the following ordinance - AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA APPROVING THE REZONING REQUEST BY JACK STUDIALE, FOR PROPERTY LOCATED AT 2500
GRIFFIN RD. 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 NORTH 1.31 +/-ACRE PORTION FROM BROWARD COUNTY B-2 (COMMERCIAL) TO C-2
(COMMERCIAL) AND THE SOUTH 1.66 ACRE PARCEL FROM R-1C (RESIDENTIAL) TO THE CLASSIFICATION
OF C-2 (COMMERCIAL) USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
VA-99-99 — Variance request from Chapter 26 Vegetation; Article IV Landscaping - Sec. 26-43. Existing
nonconforming vehicular use areas. Existing vehicular use areas which do not comply with this article shall be brought
into conformity with these regulations when the total square footage of the vehicular use area is increased or
decreased by ten (10) percent and / or when there is a structural addition which increases the total gross floor area of
any existing building on the property more than five hundred (500) square feet. Legally described as a portion of
Tracts 8 & 9, Block 1 of the subdivision of Section 32, Township 50 South, Range 42 East, according to the plat
thereof as recorded in Plat Book 2, page 32, of the public records of Dade County, Florida, more fully described as
follows: Commencing at the Northwest corner of said Tract 8; thence South 0 6' 00" west on west line of said tract 8, a
distance of 35.00 feet to the point of beginning; thence due east a distance of 184.48 feet to a point of curve; thence
on a curve to the right, having a radius of 2236.83 feet, and a central angle of 3 42' 59", an arc distance of 145.09 feet
to a point on the east line of said tract 8; thence south 0 02' 37" west on said east line, a distance of 231.30 feet;
thence south 83 35 15 west a distance of 107.34 feet; thence due west a distance of 63.04 feet; thence south 0 06 00
west, a distance of 100.00 feet; thence due west a distance of 160.00 feet to a point on the west line of said tract 8;
thence north 0 06 00 east, on said west line, a distance of 120.87 feet; thence south 89 56 47 west a distance of 125
feet; thence north 0 06 00 east a distance of 209.25 feet; thence due east a distance o125.00 feet; thence north 0 06
00 east on the west line of said tract 8 a distance of 18.00 feet to the point of beginning. Together with a portion of
tract 8, block 1 of the subdivision of Section 32, Township 50 south, range 42 east, according to the plat thereof, as
recorded in Plat book 2, page 32, of the public records of Dade County, Florida, described as follows: Commencing at
the northeast (NE) corner of said tract 8; thence run south along the east line of said tract 8, a distance of 271.00 feet
to a point of beginning for this description; thence continuing southerly along said east line 120 feet; thence run
• westerly parallel to the north line of said tract 8, a distance of 106.82 feet more or less to a point located 222.00 feet
east of the west line of said tract 8; thence run northeasterly 107.41 feet more or less to the point of beginning; and the
east 63.00 feet of the west 223.00 feet of the south 118.00 feet of the north 383.00 feet of tract 8, in block of the
subdivision of Section 32, Township 50 south, Range 42 east, according to the plat thereof, recorded in plat book 2,
page 32 of the public records of Dade County Florida said lands situate, lying and being in Broward County, Florida,
and containing 18,471 square feet or 0.4240 acres more or less.
4) Request by Robert I. MacLaren, Osborne & Osborne, PA& Cheri Lauria, Caulfield and Wheeler, representing Owner,
Nick Economos, Preseident Coed-Economos Properties, Inc.. Property located North of Stirling Road, on the East
Side of SW 18th Avenue and South of SW 1 st ST., Dania Beach:
PL-97-99 — Request for preliminary plat approval "Hilton Gardens At Stirling Road" - AN ORDINANCE OF THE CITY
OF DANIA, FLORIDA, APPROVING THE "HILTON GARDENS AT STIRLING ROAD" PLAT, SUCH PROPERTY
BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "HILTON GARDENS AT STIRLING ROAD";
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
RZ-110-99— Request to rezoned the following described parcel from A-1 Agricultural to C-2 Commercial in conjunction
with a proposed 165-Room Hotel. - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY NICK ECONOMOS, COED-ECONOMOS PROPERTIES, INC., FOR PROPERTY
LOCATED AT STIRLING RD AND SW 18TH AVE. 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 A-1 (AGRICULTURE) TO THE
CLASSIFICATION OF C-2 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
5) PL-93-99— Request for preliminary plat approval by Brian Waxman, General Counsel for Lou Gaeta Development Co.
Property located on the Southwest Corner of Griffin and Ravenswood Roads, Dania Beach, FL. The "Gaeta Center"
Plat is being proposed in conjunction with a multi-tenant commercial development on approximately 3.99 acres. - AN
ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "GAETA CENTER" PLAT, SUCH PROPERTY
BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "GAETA CENTER"; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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 /
Publish February 11, 2000
•
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: FEBRUARY 22, 2000
2. DESCRIPTION OF AGENDA ITEM: VA-99-99 VARIANCE - JACK STUDIALE, TROPICAL
ACRES RESTAURANT
3. COMMISSION ACTION BEING REQUESTED:
STAFF RECOMMENDS CONTINUANCE
4. SUMMARY EXPLANATION & BACKGROUND:
VARIANCE REQUEST FROM CHAPTER 26, VEGETATION; ARTICLE IV
LANDSCAPING, SECTION 26-43. EXISTING NONCONFORMING VEHICULAR USE
AREAS. (SEE ALSO RZ-88-99 AND SP-99-99)
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF REPORT
RESOLUTION
• PUBLIC HEARING NOTICE
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval at their meeting held
on January 26, 2000
Submitted by:
Laurence G. Leeds,AICP, Director Date 02/14/2000
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: MICHAEL SMITH, CITY MANAGER
VIA: LAURENCE LEEDS, DIRECTOR
GROWTH MANAGEMENT DIRECTOR
FROM: LEIGH R. KERR, AICP, PLANNING CONSULTANT
DATE: February 16, 2000
APPLICANT: Craig Smith and Associates, representing Jack Studiale,
Owner, Tropical Acres Restaurant.
REQUEST: VA-99-99 - Variance from Section 26-43,
Parking Lot Landscaping.
SP-99-99 - Site Plan request by Craig A. Smith and
• Associates for Jack Studiale, Owner, Tropical Acres
Restaurant. The request is to expand and renovate the
site's parking and landscaping areas.
LOCATION: 2500 Griffin Road
EXISTING
ZONING: R-1 C/Commercial B-2
FUTURE LAND
USE: RESIDENTIAL (5)
PROPERTY SIZE: 1.66 ACRES +/-
The applicant submitted an application to use additional property located south
of the existing Tropical Acres Restaurant in order to expand the amount of
restaurant parking. The property is currently being used for unpaved parking.
No additional building square footage is proposed on the site. The applicant has
submitted several applications in order to implement the development plan as
follows:
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1. Rezoning of the north 1.31 +/- acre portion of the existing restaurant
site from County B-2 to C-2.
2. Rezoning of the proposed parking from County B-2 and R-1 C to C-2
using the 5% commercial flexibility rule. Variance from Section 26-43
related to existing nonconforming parking areas.
3. VA-99-99 - Variance from Section 26-43
4. Site plan approval.
This staff report addresses the variance (#3) and the site plan (#4).
Variance from parking lot upgrades: The applicant has submitted a variance to
waive the requirement to upgrade the existing parking lot. The City Code
requires that existing parking lots be upgraded to Code when certain thresholds
are reached. The applicant is attempting to upgrade the parking supply by
constructing a paved/landscaped rear yard parking area.
The existing front yard parking area has significant mature vegetation and
complies with some landscape requirements for new parking lots. However, full
compliance would create a hardship as it would reduce existing total parking
supply for the site.
Site Plan Approval: The applicant has submitted a site plan for only the new
paved parking area. No changes are proposed for the existing parking area.
Staff Recommendation:
While staff supports approval of the variance and site plan in concept, staff
requires additional time to finalize details on the landscape plan. As such, staff
recommends that the variance and site plan be continued to the next regularly
scheduled City Commission meeting so staff can work out these details with the
applicant.
9918rrROPICAL ACRES-1-13-00
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