HomeMy WebLinkAboutR-2000-098 RESOLUTION NO. 2000- 098
A RESOLUTION OF THE CITY OF DANIA BEACH BEACH, FLORIDA,
APPROVING A ONE YEAR EXTENSION TO THE PREVIOUSLY
APPROVED SPECIAL EXCEPTION (RESOLUTION 08-99,APPROVED ON
JANUARY 12, 1999) FOR A WATER THEME PARK LOCATED DIRECTLY
WEST OF THE GOLF COURSE (GRAND PRIX RACE-O-RAMA),
PROPERTY LOCATED AT 1800 NW 1ST ST., DANIA BEACH BEACH,
FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 28, Zoning; Article 4, District Regulations; Section 4.10,
Schedules Of Regulations provides for Commercial Recreation as a Special Exception Use
In districts zoned I-G; and
WHEREAS, Erik Rameson, Vice President of Development, representing Palace
Entertainment (Grand Prix Race-o-Rama), has requested a one-year extension to the
Special Exception approved by Resolution No. 08-99, adopted January 12, 1999 (attached
as Exhibit "B"), which expires July 12, 2000 for the construction of a water theme park at
1800 NW 1st Street (Grand Prix Race-O-Rama) Dania Beach Beach , Florida; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the one-year Extension letter dated April 21, 2000, submitted by
Erik Rameson, Vice President of Development for Palace Entertainment, of the Special
Exception approved by Resolution No. 08-99 adopted January 12, 1999, in substantial
form as Exhibit "A", is approved through July 12, 2001.
Section 2. That all resolutions or parts of resolutions in conflict with this resolution
. are repealed to the extent of such conflict.
1 RESOLUTION NO. 2000-098
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 27T" DAY OF JUNE, 2000.
Llez�
C.K. MCELYSA
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL CFiAPMA COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER MIKES- YES
APPROV/ED AS TO FORM AND CORRECTNESS:
BY: <
TH M S PANAWO
CITY ATTORNEY
•
2 RESOLUTION NO. 2000-098
Alin
April 21,2000
VIA MAI and FACSiMIL
Larry Leads
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Dear Mr. Leads:
It was a pleasure speaking with you the other day about the Grand Prix Race-o-Rana
Project. 1 know we will be working very closely with you in the future and I look
forward to this relationship.
• approval for the proposed water park is good
As discussed with YOU,1 believe our app nest a one year extension of
through July 12`h of this year. I would like to formally re9 ro ect. It will
this approval. This will allow us more time to properly master plan the P
also allow us the time to cohesively iknow,twehhave brought water park features
1d other RdditiOns
on board and have
in the best possible manner. As You know, in much of the facility this summer.
already begun this process and will be upgrad $
give me a call if you have any questions or comments agenda-n °Thy you for your
is
Please gi put this on the planning and zoning
anything further I can do P with you.
help and I look forward to working
S incer91 - (`�R nll'4�
ik Itameson
Vice President of Development
ER/se
EXHIMIT IR eo 062500
an Ave" e, Suite goo Irvine, CA 92612
18300 von Karin Fax: (9491 281-1414
ph; (949) 261-0404
BYE-1 ZOAD d 885-1 895YZ5l8W A30NIMUN3 30V1Vd-NJI ME:01 00-5Z-JdV
RESOLUTION NO. 08-99
® A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A
SPECIAL EXCEPTION REQUEST BY MICHAEL MOGERMAN,
REPRESENTING THE OWNER, FESTIVAL FUN PARKS, (GRAND PRIX
RACE-O-RAMA) FOR PROPERTY LOCATED AT 1800 NW 1 ST ST., DANIA,
FOR A SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE
USED IN ITS ENTIRETY FOR A COMMERCIAL RECREATIONAL USE AS
PROVIDED FOR IN CHAPTER 28, ZONING,ARTICLE 4.20 SCHEDULE OF
USE REGULATIONS; PROVIDING THAT ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 28, Zoning; Article 4, District Regulations; Section 4.10,
Schedules Of Regulations provides for Commercial Recreation as a Special Exception Use
In districts zoned I-G, and
WHEREAS, Michael Mogerman, representing the owner, Festival Fun Parks,
(Grand Prix Race-o-Rama) has applied for a special exception use to allow said parcel to
be used in its entirety as a commercial recreational use for construction of a water theme
park ; and
WHEREAS, the Planning & Zoning Board on December 16, 1998, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
• EXHIBIT 11130
1 RESOLUTION NO. 08-99
® Section 1. That that certain application SE-58-98, for a Special Exception Use
allowing property located at 1800 NW 1 t St, to be used in its entirety as a commercial
recreational use for construction of a water theme park; a copy of which is attached hereto
and made a part hereof as Exhibit "A" be and the same is hereby approved, and the
appropriate city officials are hereby directed to execute same.
Section 2 . That petitioner, Michael Mogerman, representing owner, Festival Fun
Parks (Grand Prix Race-O-Rama), agrees to the additional conditions to said Special
Exception (SE-58-98) as follows:
a. In an effort to reduce the number of emergency calls
provided to the recreational facility, the petitioner
agrees to meet with Deputy Fire Chief Michael Brown
and BSO Chief Robert Anton to discuss an agreement
® for additional EMS/Police Detail for Fridays, Saturdays,
and Sundays at the facility;
b. The City of Dania Beach, Growth Management
Department, will not issue any building Certificate of
Occupancy until an agreement has been reached with
the two Chiefs for the emergency services as discussed
in Item a;
C. The petitioner agrees to remove the two (2) existing
billboards at the earliest possible date based upon legal
review of the leases by Attorney Ansbro. Further, the
petitioner will provide such leases to Attorney Ansbro..
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
• its passage and adoption.
2 RESOLUTION NO. 08-99
PASSED AND ADOPTED THE 12T" DAY OF JANUARY, 1999.
MAYOR-COMMISSIONER
ATTEST: Roll Call:
Mayor Cali- yes
Vice-Mayor Etling-yes
Commissioner Bertino-yes
Commissioner Hyde -yes
CLERK-A OR Commissioner Mikes-no
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATT RNEY
3 RESOLUTION NO. 08-99
AGENDA REQUEST FORM
CITY OF DANIA
® Date: 01-06-99 •
Agenda Item#: 3
Title:
SE-58-98 - SPECIAL EXCEPTION REQUEST BY FESTIVAL FUN PARKS
Requested Action:
REQUEST BY MIKE MOGERMAN, REPRESENTING FESTIVAL FUN PARKS TO ALLOW A
PERMANENT COMMERCIAL RECREATION USE FOR PROPERTY LOCATED AT THE
VACANT NORTHWEST PARCEL WEST OF THE GOLF COURSE AT 1700 NW 1 ST ST.
Summary Explanation &Background:
THE REQUEST IS IN CONJUNCTION WITH A VARIANCE AND SITE PLAN TO CONSTRUCT
A WATER AMUSEMENT PARK ON THE SITE.
Exhibits (List):
RESOLUTION
MEMORANDUM BY TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
APPLICATION
® PUBLIC HEARING NOTICE/ LOCATION MAP
Prepared By:
TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 12/16/98
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: SE-58-98 Grand Prix Festival Fun Parks
Date: January 6, 1999
The applicant is seeking permission to increase the area of his enterprise so that
parking might be expanded and a water park added to the site's offerings. The
applicant desires to put a parking lot on the Florida Power and Light power line right of
way. The Water Park will be constructed to the west of the existing miniature golf
course. This is the area that in the immediate past has had the paint ball attraction as
well as the magical village.
® As part of the current plans to upgrade the facilities, the applicant also wishes
permission to construct a new ride at 160 feet. It will be located near the existing 200-
foot ride located on the site. The new ride is called the "skyscraper'. Additionally, the
Water Park will feature a 100-foot roller coaster. Any variance approval should
reference both facilities.
The parking facility to be located on the power line easement will be planted with
vegetation appropriate for the concerns of the overhead lines. The trees will be those
that are of medium height when mature. Also plantings will be done in such a way that
again vegetation will not cause any problems now or in the future for the power lines.
RECOMMENDATION
Staff recommends approval of all three requests without conditions. The plans
as submitted fully comply with City requirements. The variance is similar to one granted
some time earlier for the same general purpose. In fact it should have covered this
request except that previous approvals had limited the site. The site is a logical and
appropriate extension of the existing facility. Use of the right of way for parking actually
maximizes the use of the land. The Planning and Zoning Board recommends to the
City Commission that they approve the Special Exception, Variance and Site Plan for
the Grand Prix Race-O-Rama under the condition that the applicant submit a schedule
for removal of the sites existing billboards. Such a letter had not been received at the
® time this memo was drafted.
cm m em m oraceoram 58-98.doc
CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATION NUMBER SE 92-98 DATE FILED
APPLICATION FOR SPECIAL EXCEPTION
The undersigned petitions the City Commission of the City of Dania
Florida to consider the proposed special exception for the parcels
of land described in this application.
NAME OF APPLICANT: Festival Fun Parks, LLC
ADDRESS OF APPLICANT: 1500 NW 1st Street/Ste 1C PHONE: 954-921-141:
Dania, FL 33004-3100
PROPERTY INTEREST OF APPLICANT: nw^P^--C
PP C;mnlp
NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE APPLICANT) :
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:-gnn NW a Street
Dania, Florida: Par P of rnmmPrr', ('PntPn .r n
6 r r� Nit
thereof, recorded in Plat Book 135, Page 44, of the Public Records of Broward Coun
ZONING CLASSIC-ICATION: i-G LOT SIZE: 9.13 AREA: Flor
PRESENT USE: vacant acres ----
DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND/OR CONSTRUCTION
Request is to use_sub r
^ r 1 recreation
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
Tom Lahenthal, Cad Landscape, 1314 E. Las Olas Blvd. Ft. Lauderdale, FL 33301
(954)522-6648
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 consider if a special
exception will not adversely affect the public interest.
1 . Indicate that the use is a permitted special exception use in the
schedule of use regulations, City of Dania, in Article 4 of the
zoning code.
n I-G zoning provides, under the category heading "Special Exection Uses" (4)
Indoor/Outdoor commercial recreation
r2. Describe how the use is so designed, located and proposed to be
operated so that the health, safety, welfare and morals will be
protected.
This Dronf—ty 1C (-On T Hll0119 'O PXInY rnmmerr ii rnrrn r'
property owned and operated by the owner of this property
3. Describe how the use will not cause substantial injury to the
value of other property in the neighborhood.
To the west is highway, to the north is a lake under FPL transmission 'lines
and to the east and south the properties are currently being used as commerci
recreational
4. Show how the use will be compatible with adjoining development
and the intended purpose of the district in which it is to be
located.
See #3 above
5. Indicate how the landscaping and screening is provided as
required.
See attached site plan
6. Describe how adequate off-street parking and loading is provided
and that ingress and egress is so designed to cause minimum
interference with traffic on abutting street.
See attached site plan
7. Indicate hew the use conforms with all applicable regulations
governing the district where located or if a planned Unit
development, how it conforms with PUD requirements.
N/A
S. Please add any other comments which may assist the City
Commission and the Planning and Zoning Board in reviewing this
request.
`Ree�gq�uest is made to amend the prior granting of the special exception to
y cQ i,uous and commonly owned parcels to include this Droperty
• NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION.
Signature o Peitioner
Sworn to and subscribed before me this / T day of /'�s�.,sa. 19 S�
Commission Expires:
Notary Public
FOR USE WHEN PETITIONER IS NOT OWNER 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.
Signature�of Owner
Street 4 ress, Clty, State 6 zi
Telephone
Sworn to and subscribed before me this_:�Lday of ��� 19
® ^� Commission E " IL NELSON
Notar Public '� � my CMWJMM fcc
eam n.0 aoan P*QW.„m
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:
— c 4 T : N = L
PUBLISHED DAILY
CRT L.4JDEPZ)AL_, 2ROWARD COUNTY, FLORIDA
_tics =ATZ;N. pALN 3EACH COUNTY. FLORIDA
M I A M I. D A D E COUNTY,,, FLORIDA NOTICE OF PUBUC HEARING BEFORE
THE CITY COMMISSION OF THE CITY
NOTICE IS HEREBY GIVEN that theOCltyCommissic
STATE OF F L G? I D A the City of Dania Beach,Florida on,Jenu
7:30 PM or as soon thereafter as the mattes may be het
COUNTY OF 'E R O U A R D/P A L M 7 Z A C H I D A J E will conduct a public nearing in the Cily Commission M
ins Room of the Dania Beach Cit Hall. 100 West O.
3 c f C R c E O F 1 J N D -AUTHORITY PERSONALLY a P P L Beach Boulevard, Dania Beach, Florida, to consider
following proposed requests:
5E-58-98- The request of Mike Mogermen, re
settling Festival Fun Parka,for a special exception us
•- • •.. ... . . . .. «H 0 0 N J A T R SAYS T H A etiow said parcel to be used as a permanent Comme,
- - S H DULY A U T N'J P.I Z E D R E P R E S E N T A T i Y E 3 F T H Rational use,as provided in Chapter 28:Zoning Ar
4.20 Schedule of Use Regulations.Special Exceptions
A S i F I E D J E P A R T;;F Pl T O F THE SUN—SENTINEL., DAILY der the I-G zoning category,The location of said part
the vacant northwest partial west of the golf course at 1
NE iii SPA PE P P U B L I S H E D I`i R O W A R D/PAL.', 3 E A C H/ DADE C 0 Prix R taoe.o-Rama/i The eqia�is iint'tca�n moo^wi
FLORIDA T' t G site plan to construct a water Amusement-junction
on the THAT T N- ATTACHED COPY ,F 4 D V E r3T 13 E M E N T. Property Is legally described as patter-A•of c.
merce Center of Dania,accordinngg to the Plat thereof.
corded In Plat book 135,page Vaf the public record
N O T I C c J F :U 3 L I C HEARING arowardVA County Florida
-58-98-Bequest Mlke M
Festival Fun Parka,far a v y °g°n^an.tepream
ArUde 16.60-Area ���°f 'tfiapter 28:Zon
search Office)Olatrlets a pen°gy�`oO(industrial
I b THE -1 A T T c R O F meats,for prop" .1 Too ht 1st St.
code requires that no buildi�nttg�or
J'E 5 O-9 ex�prescribed b the 37 and no building i
petitioner wish es 10 feet ru rive(s)atoriaa In rid fn
scraper►at a fixed height j60cii-amusement 2 e axis
200'hi h Skycoaster ride and a ROU ereoaster ride atwaopetpllc�eeith THE CIRCJIT COURT. dAS ?U3LISHED IN SAID NCWFPr Property i legally described Afeo:THE :S S U ES OF office Pa ,according t0 the plat thereof,recorded in
Book 130 Page 29 of the public records of B4OWard Cot
! Florida.In accordance with the A
marts with Disabilities.
Persons heeding asaiatance to Participate in an of th
roeeedln s should contact Marie Jabalee,Clay Clerk,
A F F I„N T F U R T H E-R SAYS THAT THE ;AI D 3 UN— )EAT IN EL .8700 exL 202. Blvd.eeast 4a hours flor to meting>
NEWSPAPE? PUBLISHED :N SAID 3ROWARD/PALA BEACH he tOBp or theCl ^inmfla
COUNTY . FLORIDA.- AND THAT THE SAID 4EIASPAP_R HAS ;h rkr w o;da`a; rcofconstdorew theproedatt ,n ors
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C O U N T Y, F L O R I D A, _A C H DAY, AND A A S i:i E E N _N T E R E D P ltlou°Y`i not Cunningham which the appeal is to be base
CLASS :"LATTER AT THE 03ST OFF IC E IN FORT LAUD ERDALia uay'T Technician / Admin. Apt.
?RO'aARD COUNTY, FLJRIDA, FOR A PERIOD OF ONE YEAR NEXT -
?RECcDANG THE FI4ST "JEL.CAT'.ON OF THE ATTACHED CCPY OF
ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS
NEITHER. PAID NOR PROMISED ANY PERSON, FIRM OR CORFORATICN
ANY DISC ir1T. 1E4ATE, COMMISSIOIN �R REFUND FOR THE PURPCSE
OF SECURING THI.; ADV'-ETI; EyENT FOR PU3LICATION _`N SAID
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BAN- W iD 11 :02 AM ICC 2004`6 1
DCOTA ®EVELOPMENT COMPANY
Construction Office
a 280 Bryan Road Dania. Florida 33004
Tel. 954/929-0555 Fax 954/929-0456
January 5, 1999
Ms. Lou Ann Cunningham
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach,FL 33004
Re: Notice of Public Hearing
SE-58-98
Festival Fun Parks
Parcel at 1800 NW 1 Street,Dania Beach
Dear Ms. Cunningham.-
We are the owners of Broward International Commerce Center (280 Bryan Road) and Design
Center of the Americas(1855 Griffin Road), which arc adjacent to the above referenced property
requesting a special exception use variance.
• We wish to go on record as being opposed to said proposed use of the property for permanent
commercial recreational purposes, unless Festival Fun Parks installs an eight-foot high fence
around their entire property, separating it from our properties. We bave had several occurrences
of trespassing and vandalism that we suspect has come from their patrons (i.e.. paint on our
buildings and tenants' vehicles from paint guns).
If you wish to speak with us,we can be reached at(954)929-0555.
Respe full ,
S anley Stanczyk
Vice President of Construction
SS/ck
CC'. Jim Danto, President
•
AGENDA REQUEST FORM
-- CITY OF DANIA BEACH
4.,
AGENDA ITEM NO. e 3
1. DATE OF COMMISSION MEETING: 06/27/00
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - Request by Mr. Erik Rameson, Vice
President of Development, Palace Entertainment, Representing Festival Fun Parks, for an
extension of Special Exception Request SE-58-98, which was approved on January 12, 1999, by
Resolution # 08-99. The approval allowed the construction of a Water Theme Park located at
1800 NW 1st Street directly to the west of the golf course. The location of said Parcel is
commonly known as Grand Prix Race-O-Rama.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
CONTINUED FROM 6113/00 COMMISSION MEETING
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Memorandum
Resolution
Letter From Erik Rameson, Vice President Of Development, Place Entertainment
6. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Staff Review
•
Submitted by:
Laurence G. Leeds,AICP, Director Date 06/20/00
Growth Management Department
City Manager Date
STAFF REPORT
• GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director, Growth Management Department
RE: Request for a One Year Extension for Previously Approved Water
Theme Park Special Exception (property Located north of roller
coast under construction)
Date: June 7, 2000 (June 13, 2000 City Commission Meeting)
Applicant: Palace Entertainment (formerly Festival Fun Parks)
On January 12, 1999, the City Commission approved a special exception for a Festival
Fun Parks to build a water theme park. The water theme park was to be constructed
just west of the existing Miniature Golf Course and north of NW 1st Street. Special
exceptions are effective for 18 months, unless an extension is approved by the City
Commission. This special exception expires July 12, 2000.
® The applicant has requested a one year extension (to July 12, 2001) for the water
theme park special exception approval. Staff has no objection to the one year
extension, provided the extension applies only to the previously approved location west
of the existing Miniature Golf Course.
The applicant has indicated its long-term plans may call for:
1) relocating the existing go-cart from behind the original Grand Prix Arcade to north
of NW 1 s Street and adjacent to 1-95, and
2) constructing the water theme park south of NW 1st Street where the existing
Grand Prix Arcade and go-cart track are currently located.
Staff has advised the applicant that both of the above require "new" special exception
applications since both uses would be constructed at new locations.
STAFF RECOMMENDATION
Approval for one year extension to July 12, 2001 at the previously approved location
west of the existing Miniature Golf Course.
Palace001.doc