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HomeMy WebLinkAboutR-2000-038 RESOLUTION NO. 2000-038 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION 11-99 APPROVING THE SITE PLAN REQUEST SUBMITTED BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, FOR PROPERTY COMMONLY KNOWN AS GRAND PRIX RACE-O-RAMA, LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 (p) of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that"any substantial changes or deviations of site plans must be approved by the city commission"; and WHEREAS, Michael Mogerman, representing Festival Fun Parks, owner of property commonly known as Grand Prix Race-O-Rama, has received site plan approval (SP-59-98) for the expansion of the parking area, addition of a 160 foot"skyscraper" ride, and a water theme park featuring a 100 foot roller coaster on January 12, 1999, per Resolution#11-99, for property located at 1500-1800 NW 1st Street, Dania Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain site plan (SP-59-98) adopted by Resolution No. 11-99 on January 12, 1999, is hereby amended to include a wooden roller coaster extending the length of NW First Avenue to within 40 feet of Interstate —95; 1 RESOLUTION NO. 2000-038 _ Section 2. That petitioner, Michael Mogerman, representing owner, Festival Fun Parks (Grand Prix Race-O-Rama), agrees to the following conditions to said revised Site Plan (SP-59-98): a) Submission, review, and approval of a landscape plan. Landscaping to be installed prior to initiating public operation of the roller coaster. - b) Payment of outstanding cost recovery fees prior to issuance of a Certificate of Occupancy. c) The applicant agrees to retain sufficient fire/police personnel to reasonably address public safety concerns. This requirement is intended to reduce the number of calls on City services. d) Review and confirmation by the Dania Beach Fire Rescue Department that adequate fire access has been provided. e) The applicant will submit a site plan for the Water Theme Park within one (1) year. If the site plan is not ready within a year, the applicant will submit a landscape plan for a 20 foot wide landscape greenbelt adjacent to 1-95. It is further noted that subject Site Plan is maintained in the Growth Management Department of the City of Dania Beach. Section 3. That based upon criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 18 months from the date of this resolution; Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. • 2 RESOLUTION NO. 2000-038 Section 5. That this resolution shall be in force and take effect immediately upon its • passage and adoption. PASSED AND ADOPTED THIS 131h DAY OF March, 2000. r MAYOR - COMMISS NER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SHERY CHAPMA COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FOR AND CORRECTNESS: BY: THOM J.LANSBRO ' CITY ATTORNEY 3 RESOLUTION NO. 2000-038 CITY COMMISSION STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management RE: Discussion of Changes to Previously Approved Site Plan (Grand Prix: Proposed Roller Coaster located north of NW First Street and east of Interstate-95) Date: March 8, 2000 (March 13, 2000 City Commission Meeting) Applicant: Grand Prix The Growth Management Department recently received construction drawings for a wooden roller coaster at NW First Street and Interstate-95. The City Commission approved a variance, special exception, and site plan for a water-theme park, which included a roller coaster (not to exceed a height of 100 feet) at the January 12, 1999, • Commission Meeting, subject to various conditions. APPROVED CITY COMMISSION SITE PLAN (January 12, 1999): The approved site plan showed the coaster directly west and parallel to the existing miniature golf course. The coaster was shaped like a modified "figure 8" with minimal (if any) setbacks along NW First Street. An approximate 400 foot setback is provided between the coaster and 1-95. The remainder of the site was occupied by other proposed theme-park uses, water features, and landscaping. It is clear from the 1999 site plan that the roller coaster is to be located approximately 400 feet away from 1-95 and immediately adjacent to the existing miniature golf facility. SUBMITTED CONSTRUCTION DRAWINGS: The submitted construction drawings are substantially different from the approved site plan. The roller coaster has been expanded so that it now extends the length of NW First Avenue to within approximately 40 feet of Interstate-95 (No lot line setback dimension is indicated on the construction drawings). The revised coaster now occupies land previously designated for the "activity pool" and other water features. It is not clear where these other uses will ultimately be constructed. Section 8.4 (p) of the zoning code requires "any substantial changes or deviations of site plans must be approved by the city commission." Due to the substantial change in the coaster location from the Commission approved plan, resubmission to the . Commission is required. Resubmission is to assure, in part, that the building permit plans substantially correspond to what the City Commission approved. ro llercoaster1032200.doc The property is zoned IG. Growth Management staff in 1999 apparently made a determination that 1-95 should be the front yard and First Street shall be the side yard for the purpose of determining setbacks. Based on this 1999 determination, the construction drawings meets IG setback requirements. Historically, most development adjacent to the 1-95 corridor has provided an approximate minimum setback of 60 from the interstate highway (i.e., Sheridan Hotel, DCOTA, Sound Advice, Tigertail Industrial Park, Bass Pro, etc.). This 60 foot setback area has been used for various combinations of parking, landscaping, or new vehicle display. Older buildings which do not provide this 60 foot setback include Uniweld and the original Grand Prix Arcade. It is difficult to support an 1-95 setback less than 60 feet, even for a unique structure such as the roller coaster, without the benefit of landscape drawings, elevations, and justification from the applicant. As indicated earlier, it is unclear where the water theme park activities are to be relocated. OTHERISSUES The City Commission approved Resolution 125-99 on June 22, 1999, permitting a site plan revision to allow, on a temporary six month trial basis, temporary parking, a paint ball facility, and dirt bike track. The six month trial period expired on January 1, 2000, and therefore, so has approval of these temporary uses. STAFF RECOMMENDATION The 40' roller coaster setback from 1-95 meets code (30 feet required). The change in the coaster setback from 400' to 40' is a site plan consideration to be evaluated and determined by the City Commission. Any action by the City Commission should be subject to the following: 1) Submission, review, and approval of a landscape plan. Landscaping to be installed prior to initiating public operation of the roller coaster. 2) Payment of outstanding cost recovery fees prior to issuance of a building permit. 3) Compliance with outstanding two conditions of the 1999 site plan approval indicated below. a) The applicant was required to reach an agreement with the Fire and Police Chief relating to the provision of emergency services, prior to issuance of a certificate of occupancy. Staff recommends that written documentation of said agreement be submitted prior to initiating public operation of the coaster. b) The applicant agreed to remove two existing billboards at the earliest possible date based upon review by the City Attorney. The applicant has indicated the billboards cannot be removed prior to expiration of the billboard lease sometime within the next two to three years. Staff recommends the applicant provide the city a >� written document evidencing the dates on which the billboard leases expire so staff can determine compliance with this condition. AGENDA REQUEST FORM CITY OF DANIA BEACH 1qW 1 AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: MARCH 13, 2000 2. DESCRIPTION OF AGENDA ITEM: DISCUSSION AND COMMISSION ACTION 3. COMMISSION ACTION BEING REQUESTED: ADOPT AMENDED RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Discussion of Changes to Previously Approved Site Plan (Grand Prix: Proposed Roller Coaster Located North of NW First Street and East of Interstate-95) 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report, Laurence Leeds, AICP, Director Growth Management Resolution Site Plans 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Reviewed by Laurence G. Leeds,AICP, Director—Growth Management Department Submitted by: Laurence G. Leeds,AICP, Director Date 03/09/2000 Growth Management Department City Manager Date