Loading...
HomeMy WebLinkAboutR-2000-048 RESOLUTION NO. 2000-048 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY NICK BLOUNT, REPRESENTATIVE, FLORIDA POWER AND LIGHT COMPANY, FOR PROPERTY LOCATED AT 2801 SW 36T" STREET, DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE USE OF AN ELECTRICAL SUBSTATION ON THE PARCEL, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Zoning, Article 26. Ravenswood-Griffin Road Annexed Areas Zoning Regulations, 26.10. Regulations adopted., Article LXII. Light Industrial M-1 District, §§ 39-1039--39-1054 provides for essential services as a Special Exception Use In districts zoned M-1; and WHEREAS, Nick Blount, Representative for Florida Power and Light, has applied for a special exception use to allow the parcel to be used as an electrical substation in an M-1 (Light Industrial) zoning district; and WHEREAS, the Planning &Zoning Board on, January 26, 2000 recommended that the City Commission grant the special exception request, based upon the criteria set forth in Chapter 28, Zoning, Article 6, Supplementary Use Regulations, Section 6.40, Special Exception Uses, 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, FLORIDA: Section 1. That that certain application SE-103-99, for a Special Exception Use allowing property located at 2801 SW 36`h Street, to be used for essential services, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved with the following conditions: r-se-103-99 fpl.doc 1 RESOLUTION NO 2000-048 (1) Provide written approval from the Broward County Aviation Department prior to building permit. (2) Applicant to dedicate 35.03 feet right-of-way for Collins Road (SW 361h Street), by instrument to be approved by City Attorney, prior to FPL station going "on-line." (3) FPL to provide cash bond for sidewalk construction and the bond to be used for municipal purposes if sidewalk nor constructed at the FPL site. (4) Provide an access easement (or reservation) to the undeveloped portion of the FP & L parcel prior to issuance of building permit. (5) Obtain tree removal permit prior to issuance of a building permit. (6) Building color indicated as beige. (7) Applicant agrees to provide the City a Declaration of Restrictive Covenants for the back parcel with a restriction that the parcel would be used for conservation purposes. 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 THE 281h DAY OF MARCH, 2000. MAYOR - COMMISSI R ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- NO SHERYL/CHAPMAK COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO F M AND CORRECTNESS: BY: (_1 r -\, AA7 I THOM S J. ANSBRO CITY ATTORNEY r-se-103-99 fpl.doc 2 RESOLUTION NO 2000-048 CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 APPLICATION NUMBER: Phone: (954)921-8700 Fax: (954)922-2687 Date stamp APPLICATION FOR SPECIAL EXCEPTION The undersigned petitions the Planning and Zoning Board and the City Commission of the City of Dania Beach, Florida to consider the proposed special exception for the parcel(s) of land described in this application. NAME OF APPLICANT: Nick Blount for Florida Power & Light Company ADDRESS OF APPLICANT: 700 Universe Boulevard Juno Beach FL 3 408 6 -694-4 PHONE/FAX• ;61 -694-4 .83 PROPERTY INTEREST OF APPLICANT: Contract to purchase pending certain NAME AND ADDRESS OF PROPERTY OWNER(IIF NOT THE APPLICA E ( ►`m� A. Mariani Asphalt Company, P.O. Box 75437 , Tampa, FL 33675 ADDRIcSS AMn�nei 09; CRIP IO N nc SI is 191--ocO12ER3 . This prOAertv is located on the north side of Southwest 36th Street between Southwest 26th Terrace and Southwest 30th Avenue. See boundary survey for legal clesc,riprlon. (Approx. ) 400 ' ZONING CLASSIFICATION: Proposed I.R.O-MLOT SIZE: X 683 ' AREA: 273 , 308 sq. f' ® LAND USE DESIGNATION: Industrial PRESENT USE: Nursery ZONING OF ALL LANDS WITHIN 700 FEET: `,1-1 , `4-2 , S-2 EXISTING USES OF LANDS WITHIN 700 FEET: Nurseries , ndustrial , airport use EXISTING LAND USE DESCRIPTIONS OF LANDS WITHIN 700 FEET: Industrial DESCRIPTION OF THE SPECIAL EXCEPTION REOUESTED USE AND CONSTRUCTION: Social exception approval will allow for the construction and operation of an electrical substation by Florida Power & Light Company. LIST THE NAMES AND ADDRESSES OF ANY EXPERTS (PLANNER, ARCHITECT, ATTORNEY, ETC., IF ANY): See attached sheet. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH ® NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board on January 19, 2000 and 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: Request by Nick Blount for Florida Power and Light Company for property located at approximately the north side of SW 36`h Street between SW 26`h Terrace and SW 301h Avenue, for the following petitions: SE-103-99 — Special Exception request to allow for the construction and operation of an electrical substatior by FPL Company. SP-104-99 — Site Plan request to construct an unmanned electrical substation on approximately 6.2743 acres. Legally Described: 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). Copies of the proposed petition are available for viewing in the Growth Management Department, 100 Wes 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 o these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Bea& Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 203, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matte considered at this meeting or hearing will need a record of the proceedings and for such purpose may need t{ 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 7. 2000 ibjc:;S,31 c',N-6Ta ST,FOR LE -L3^31^.8704 CCL9 w U'PJ 33-i 33 l r.n.n rrn-x- F 4 ✓4Ci raw snr_IT �. ,2C r LA AVE_ AJRF I• 12-23) r wV W JflTC N 4 , ' cGS�oi N �'• (.� } clSb--Ltd vp acr -f - W • ^ I LL ���—Q) SW 36th St- — :r_ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 28, 2000 2. DESCRIPTION OF AGENDA ITEM: SE-103-99—FLORIDA POWER AND LIGHT 3. Commission action being requested: Adopt Resolution --Continued from March 13, 2000 Commission meeting 4. SUMMARY EXPLANATION & BACKGROUND: SPECIAL EXCEPTION USE REQUEST BY FLORIDA POWER AND LIGHT FOR PROPERTY LOCATED AT APPROXIMATELY THE NORTH SIDE OF SW 36T" STREET BETWEEN SW 26T" TERRACE AND SW 30TH AVENUE (2801 SW 36T" STREET). REQUEST IS TO ALLOW FOR THE PLACEMENT OF AN ELECTRICAL SUBSTATION. (SEE ALSO SP-104-99 SITE PLAN) 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report, Laurence Leeds, AICP, Director Growth Management Resolution Application • Public Hearing Notice and Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval subject to conditions listed in Staff's memorandum at their meeting held January 26, 2000. Submitted by: Laurence G. Leeds, AICP, Director Date 03122/00 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: MICHAEL SMITH, CITY MANAGER FROM: LAURENCE LEEDS, AICP, DIRECTOR GROWTH MANAGEMENT DEPARTMENT DATE: MARCH 23, 2000 (Supplemental Report) APPLICANT: Nick Blount, representing Florida Power and Light Company REQUEST: SE-103-99 — Special Exception Request to allow for the construction and operation of an electrical substation in an M-1 (Proposed IROM) zoning district. SP-104-99 — Site Plan Request • LOCATION: North side of SW 36'h St. between SW 261h Terrace and SW 30" Ave. EXISTING ZONING: M-1 (Proposed IROM) FUTURE LAND USE: Industrial PROPERTY SIZE: 6.2743 Acres +/- SURROUNDING ZONING: M-1 (Proposed IROM) SURROUNDING LAND USE: Industrial Florida Power and Light proposes to construct an unmanned electrical substation. This use is permitted as a Special Exception within the M-1 district through pyramidal zoning to C-1 as an essential service. The City proposes to rezone the subject property from M-1 to IROM. This use will also be permitted as a Special Exception in the IROM district. SR SE&SP FPLSUBSTATIONCC.doc The total parcel consists of approximately six (6) acres. The subject parcel is 3.1 acres (southern part) and the proposed building is approximately 19 feet by 28 feet, or approximately 500 square feet. The property is located on the north side of Collins Road between Southwest 30'h Avenue and Southwest 26'h Terrace. Please note the following regarding this proposed use: 1) No Dumpster is provided as this is an unmanned facility. 2) Designated parking spaces are not provided (unmanned facility). The site can accommodate up to eight parking spaces. 3) Building color indicated as "beige. Staff Recommendation (February 22, 2000): Special Exception: Approval subject to the following: 1) Provide written approval from the Broward County Aviation Department prior to building permit. 2) Applicant to dedicate 35.03 feet right-of-way for Collins Road (SW 3611 Street), by instrument to be approved by City Attorney, prior to issuance of building permit. 3) Sidewalks to be provided along Collins Road prior to issuance of a • certificate of occupancy. 4) Provide an access easement to the undeveloped portion of the FP & L parcel prior to issuance of building permit. 5) Obtain tree removal permit prior to issuance of a building permit. 6) Building color indicated as beige. Site Plan: Approval subject to the above conditions. Supplemental Staff Recommendation (March 13, 2000): The applicant has provided a tree removal plan and "environmental assessment" that describe site conditions relative to vegetation, wetlands, etc. A "vegetation summary" is provided on the tree removal plan. While no Royal Palms are indicated on the tree removal plan, the environmental assessment identifies 20 of these same trees in the wetland area. Supplemental Staff Recommendation (March 28, 2000): The applicant has submitted revised plans, but did not provide sufficient time for staff review. Staff will comment on the status of the environmental assessment and tree survey at the City Commission meeting. The following recommendations remain unchanged: SR SE&SP FPLSUBSTATIONCC.doc ® Special Exception: Approval subject to the following: 1) Provide written approval from the Broward County Aviation Department prior to building permit. 2) Applicant to dedicate 35.03 feet of right-of-way for Collins Road (SW 36`h Street), by instrument to be approved by City Attorney, prior to issuance of a building permit. 3) Sidewalks to be provided along Collins Road prior to issuance of a certificate of occupancy. 4) Provide an access easement to the undeveloped portion of the FP & L parcel prior to issuance of building permit. 5) Obtain tree removal permit prior to issuance of a building permit. 6) Building color indicated as beige. Staff does not support a sidewalk waiver in exchange for the applicant placing a cash bond with the City for sidewalk construction. It is difficult for Staff to allow the applicant to delay dedication of ROW until a certificate of occupancy is issued since there is no building permitting occupancy proposed at this location. Site Plan: Approval subject to the above conditions. • SR SE&SP FPLSUBSTATIONCC.doc