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HomeMy WebLinkAboutR-2000-154 RESOLUTION NO. 2000- 154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY PAT FLURY, REPRESENTING SEACOAST LAND INVESTMENTS, FOR PROPERTY LOCATED AT 29 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter; and WHEREAS, Pat Flury, representing Seacoast Land Investments, property located at 29 South Federal Hwy., Dania Beach, has requested a zoning appeal from the decision of Growth Management Director on July 21, 2000, where it was determined that the proposed site plan does not prohibit the backing out of vehicles onto a public right-of-way (Federal Highway - U.S. 1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the letter dated July 21, 2000 (ZA-010-00) for a zoning appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved with the attached Alternate Parking Plan as presented by Laurence Leeds, Growth Management Director, and with the addition of a hedge along the north/south lot lines and one additional tree near the handicap parking space. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. r-za-01 0 pat flurry.doc 1 RESOLUTION NO. 2000-154 PASSED AND ADOPTED THIS 26T" DAY OF SEPTEMBER, 2000. C.K. MCELY MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR MCELYEA - YES `� ,/✓ �C�'� VICE-MAYOR BERTINO- YES SHERYL HAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: I THOMAS`J: ANSBRO CITY ATTORNEY r-za-01 0 pat flurry.doc 2 RESOLUTION NO. 2000-154 STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Appeal From the Decision of the Growth Management Director that the Proposed Parking Lot is not Designed to Prohibit the Backing out of Vehicles into the Public Right-of-Way (U.S. 1) LOCATION: Vacant lot directly south of 29 South Federal Highway DATE: September 26, 2000 City Commission Meeting APPLICANT: Pat Flury ® That applicant wishes to pave an existing vacant lot located directly south of 29 South Federal Highway (Leaping Minds Store). The lot is classified as supplemental parking. This means the parking is not required by the City, but is requested by the applicant to provide a hard-surface parking area for the adjacent store. The proposed plan shows parking spaces oriented "east/west" such that the driver would pull straight in from U.S. 1 to one of the three parking spaces. The site plan meets parking lot landscaping criteria (five foot perimeter landscaping, 30% pervious). Unfortunately, the parking spaces are oriented such that the drivers would most likely back out into U.S. 1. Not only is this undesirable from a safety standpoint, but also is prohibited by the Zoning Code (see attached). Applicant states there is sufficient "maneuvering room" in the 30 foot back-out area for drivers to turn their vehicles completely around before exiting the lot. It is this issue (the ability of vehicles to exit the lot without backing into traffic) that` applicant is appealing. Staff cannot support the proposed arrangement. Even if the depth of the turning area is increased from 30 to 40 feet, staff believes the basic layout is flawed. Staff suggests instead, the parking be reconfigured to the applicants' original concept (Provide 9' x 18' parking spaces in a north/south configuration with a minimum 24' parking aisle located along the south side of the lot). Pal Flury Parking Lot 092600.doc ® While the Zoning Code calls for a minimum five-perimeter landscape buffer on all lot lines, the Zoning Code does not specifically address the scenario where a lot line directly abuts a building. If one interprets that the five foot buffer requirement does not apply when a parking lot directly abuts a building, the applicant could construct a safer parking lot (north/south parking space orientation — 26' wide aisle) and still provide a three-foot landscape buffer along the north and south lot lines. Landscaping in the three-foot perimeter buffer area could include a low hedge and other plantings appropriate next to a building. The applicant would still have to comply with the 30% pervious requirement and the five foot buffer requirement along the west (front) and east (rear) lot lines. STAFF RECOMMENDATION Staff does not support the proposed parking layout as being conducive to safe entry and exit to the parking lot. If the City Commission concurs that the five-foot perimeter landscape requirement does not apply to lot lines located next to a building, staff supports the north/south parking space arrangement, subject to landscaping as deemed appropriate by the Commission. Ed ZONING APPENDIX § 33-225 14 (1) T.aveling circuses, carnivals. outdoor shows, amusement parks, devices and exhibitions. and all such operations. avocations or businesses operating under tents or in temporary buildings or structures shall not be permitted in the city except upon approval of the chief of police and city commission. (2) Nothing herein contained is intended to apply to local shows or amusements held in theaters, auditoriums or permanent buildings in the city. Further, nothing herein contained is intended to apply to anv amusement park established in the city on a permanent basis prior to the effective date of this chapter and located in an AP district. Specifically, without limitation on the foregoing, this section shall apply to traveling shows, carnivals. fairs. exhibitions and the like which are transient in nature and which operate only for temporary periods. Cross reference—Licensing of circuses, etc, § 15-12(63). ARTICLE V. OFF-STREET PARKING REQUIREMENTS Sec. 33-211. Area to be hard-surfaced. The area reserved for off-street parking shall be hard-surfaced. Where the parking area is hard-surfaced the same shall consist of a good rolled rock base, well tamped. and topped % th asphaltic concrete in accordance with the paving specifications of the City of Dania. Occupancy of a given structure or premises shall be prohibited until the required parking area has been improved, inspected and approved- Sec. 33-214. Marking of spaces; entrances and exits.. In all zones or districts other than single-family districts, the parking area shall be marked, either by painted lines, precast curbs, or in a siren-lar fashion, indicating the individual parking spaces or stalls and in accordance with the further requirement.: (4) Ersrrance and exits. All egress and ingress to off-street parking areas shall be so designed as to prohibit backing out of'vehicles into public right-of- ways. This shall nit be construed to prevent backing out into an alley. ARTICLE VL SUBDMSIONSO Sec, 33-225. Subdivision regulations for plat acceptance. The following provisions shall govern subdivision regulations for plat acceptance in the City of Dania -Charter reference—Plats and subdivisions, Pt IX, Art 3. Cross references—Filing fee or platting and replatting requests, § 2-13; denial of plat approval if city has lien against property, § 2-14; plat prerequisite to building permit, § 8-5: plat law adopted. § 19.2; minimum street width for plat approval. § 19-4. underground utilities in new subdivisions. § 19-32 et seq.; sidewalks in new subdivisions. § 229-28; water supply systems. § 27-51 et seq.; water main extension policy, § 2 7-76 et seq.;subdivision regulations relating to sewers, § 27-156 et seq.; sewer main extension policy, § 27-175 et seq. Sapp.No. z--; 1781 ® NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZA-010-00 - ZONING APPEAL Notice is hereby given of an appeal requested by Pat Flury, for property located at 29 South Federal Hwy., Dania Beach, Florida, from the decision made by the Growth Management Director on July 21, 2000, where it was determined that the proposed site plan does not prohibit the backing out of vehicles onto a public right-of-way (Federal Highway). The Dania Beach City Commission will hear this appeal on Tuesday, September 26, 2000 at 7:30 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida. All interested parties may appear at said meeting and be heard with respect to the proposed petition(s). Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West 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 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. 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C •1 Am A A -• A OP. CD A co AZ. m -� A c0 A A cfl c o a C3 A J 1"1 rn tY ) O C X A 6 x S U N — S E N T I N E L PUBLISHED DAILY FORT LAUDERDALE, FROWARD COUNTY. FLORIDA NOTICE OF BOCA RATCN.- PALM BEACH COUNTY.- FLORIDA PUBUCHEA BE BY THE DANIA BEACH ® MIAMIe DADE COUNTY.- FLORIDA CITY COMMISSION REGARDING THE FOLLOWING ZA-010-00 - ZONING STATE OF FLORIDA APPEAL Notice COUNTY OF 3 R O W A R D/P A L M B E A C H/DADE an appeals requested ted oven f Pat cated $ EFORE THE UNDERSIGNED AUTHORITY PERSONALLY APPEARED at 29 Soutph=ederal H Dania Beach, FFFlorida, yyfrom the decision made���� the Q Growth managementb0irec- 1 T . . . �. . . . . . . •. . • . • . . . WHO C N 0 A T H SAYS THAT for on July 21,2000,where HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE It was determined that the proposed site plan does not CLASSIFIED 'DEPARTMENT OF THE SUN—SFNTINELo DAILY prohibit the backing out of vehicles onto a public right- NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE CLLNTY.- of-way(Federal Highway;. FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT. EEING A Commisssion willllehearCthis appeal on Tuesday, Sep- tember 26, 20o0 at 7:30 NOTICE. O F PUBLIC HEARING the Ci�.m. soon thereafter, n ty Commission Meeting Room of the Dania Beach Clty Hail, 100 West Dania Beach Blvd., Dania IN THE MATTER OF Beach Florida. All Interested parties may Z A—01 G— C appear at said meeting and � be heard with respect to the proposed petition(s).Copies of the pro sed petition are In the M THE Dania CIRCUIT COURT.- WAS PUBLISHED IN SAID NEWSPAPER It, GowttheManviewing g mnent De T H I S U E S O F Boac en lv100 Dawn atBeach. bween the hours C .- 0 9/1 5.- 1 X S C 0 2(oforida 8:00 am.and 4.000 p.m. Monday-Friday.Interested parties may appear at the AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A public ng and be heard with respect to the pro- NEWSPAPER PUBLISHED IN SAID BROWARD/PALM EEACH/DADE posedpe",d'on- In accordance with the COUNTY.- FLORIDA.- AND THAT THE SAID NEWSPAPER HAS HERETOFORE Americans With Disabilities Act,persons needing assis- ®£EEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM EEACH/.LADE tg(ncetoppoceediat In any COUNTYi FLORIDA.- EACH DAY.- AND HAS BEEN ENTERED AS SECORD Eontact Sheryl Chapman, Administrative Services Di- CLASS ?MATTER AT THE MOST GFFICE IN FORT LAUDERDALE, IN SAID rector. 100W.Dania Beach , BROWARD COUNTY.- FLCRIDA, FOR A PERIOD OF ONE YEAR NEXT 33004,T54)92443630, at PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF least � Hours prior to meeting. ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS Any person wh decision o decides made Ey theaCiitty CommLs- NEITHER PAID NOR PROMISED ANY 'PERSON.- FIRM OR CORFORATICN sion with regard to any mat- ANY DISCOUNT.- REBATE.- COMMISSION CR REFUND FOR THE PURPCSE ter considered at this meet- ing or hearing will need a OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID record of the proceedings and for such purpose may h E tid J P A P I P. need to ensure that a verba- tim record of the proceed- Ings Is made,which record ® includes the testimony and evidence upon which the appeal Is to based. . . September 15,2000 (SIGNATURE OF AFFIANT) SWORN TO AND SU3SCrRIPED BEFORE ME ,, THIS 15 DAY OF SEPTETIA8E? A.D. 2 0 tJ 0 (SIGNAIT'i OF NQ_7. RY PU LIC Para I'y(C jkl 11SSli;":x C�x?9935 EXPIRES • a . . . . . . . . . . . . . . . . a •a • .. . . .. . . . . . . .. . . .. . ( NA9E OF NOTARY TYPLD.- PRINT OR STAMPED ) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION • . . - - . • - - • -- • - - -- AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. ` � 1. DATE OF COMMISSION MEETING: 09/26/00 2. DESCRIPTION OF AGENDA ITEM: ZA-010-00-ZONING APPEAL- PAT FLURY 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Appeal From the Decision of the Growth Management Director that the Proposed Parking Lot is not designed so as to Prohibit the Backing out of Vehicles into the Public Right-of- Way (U.S. 1). Proposed location is the Vacant lot directly south of 29 South Federal Highway. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Memorandum Zoning Appendix Article V. Offstreet Parking Requirements; Section 33-214(4)-Entrance &exits. Resolution Public Hearing Notice/Location Map Mailing List Parking Plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Review Submitted by: Laurence G. Leeds,AICP, Director Date 09/21/00 Growth Management Department City Manager Date