HomeMy WebLinkAboutR-2000-174 RESOLUTION NO. 2000-174
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, REVISING SITE
PLAN (SP-37-99)TO APPROVE MODIFICATIONS TO THE LANDSCAPE PLAN
AND CONFIRMING A 32-FOOT HIGH METAL BUILDING FOR RONALD AND
STACEY FONTES, OWNERS OF AMERICAN CRANE, INC./MATERIAL
HANDLING, FOR PROPERTY LOCATED AT 720 SW 4 COURT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the
City of Dania Beach, Florida, states that a site plan is required as a condition to the
issuance of a building permit; and
WHEREAS, on June 8, 1999, Resolution No. 116-99 was adopted approving a site
plan (SP-37-99) for Ronald and Stacey Fontes, owners of American Cranes, Inc./Material
Handling, for construction of 736 sq. ft. of warehouse area and 4,750 sq. ft. of new
assemblage area, for property located at 720 SW 4th Ct., Dania Beach, Florida, which
included the following conditions:
a) That the petitioners, Ronald and Stacey Fontes, owners of American
Cranes, Inc. / Material Handling, agree to pay the City of Dania the
amount of $4,000.00 for landscaping improvements to be expanded
along the entirety of SW 4th Avenue, between the railroad tracks and
residential community;
b) That the petitioners, Ronald and Stacey Fontes, owners of American
Cranes, Inc. / Material Handling, agree to add a climbing vine type of
plant to the proposed masonry wall along the eastern portion of the
property to reduce noise impact on the residential community.
WHEREAS, on October 24, 2000, the City Commission of the City of Dania Beach
reviewed modifications to the landscape plan and confirmed a building height of 32 feet for
the metal prefabricated building for Ronald and Stacey Fontes, owners of American
Cranes, Inc./Material Handling; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
1 RESOLUTION NO. 2000-174
Section 1. That certain site plan (SP-37-00) is revised to show modifications to the
landscape plan with a climbing vine along the east (FEC) lot line and a building height of
32-feet as indicated on the building permit drawings submitted by Ronald and Stacey
Fontes, owners of American Cranes, Inc./Material Handling, with the understanding that
the applicant will select a "subtle" blue trim color for said building.
Section 2. 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 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.
PASSED AND ADOPTED this 24T" day of OCTOBER, 2000.
C.K. MCELYEA
MAYOR — COMMISSIONER
ROLL CALL:
ATTEST: MAYOR MCELYEA- YES
VICE-MAYOR BERTINO-YES
-� COMMISSIONER CALI-ABSENT
SHERYL CHAPMAN COMMISSIONER ETLING-YES
ACTING CITY CLERK COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THO�MAS/J. ANS'S (Y
CITY ATTORNEY
2 RESOLUTION NO. 2000-174
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
!?
1. DATE OF COMMISSION MEETING: 10/24/00
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING
3. COMMISSION ACTION BEING REQUESTED: GENERAL APPROVAL OF ITEM
4. SUMMARY EXPLANATION & BACKGROUND:
Request for an amendment to a previously approved special exception and/or
clarification of the site plan for the proposed addition at the American Cranes, Inc.
property, located at 720 SW 4th Ct., Dania Beach. The Dania Beach City Commission
approved these requests on June 8, 1999.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Memorandum To Bud Palm, Director Utilites/Public Works
Minutes June 8, 1999 Commission Meeting
Resolution#116-99 -Site Plan Approval, Including Staff Report
Resolution#115-99 -Special Exception, Including Application
Resolutions#114-99 -Variance Approval, Including Application
Hearing Notice/ Location Map/Mailing List
Site Plans
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. Reviewed and approved for addition on agenda:
Staff
Submitted by:
Laurence G. Leeds,AICP, Director Date 10/19/00
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: October 24, 2000 City Commission Meeting
APPLICANT: American Cranes, Inc./Materials Handling
REQUEST: SE-35-99: Request to Amend a Previously Approved
Special Exception Approval and/or Clarification of Site Plan
in order to increase building Height from 25 feet to 32 feet
LOCATION: 720 SW 41h Court
On June 8, 1999, the City Commission, with reference to the above site:
1) Approved a special exception to allow the expansion of assembly and
light fabrication of materials in an Industrial Restricted (IR) zoning district.
2) Approved a front yard setback variance (reduction from 30 feet to one foot
adjacent to the FEC), landscape variance, and site plan, subject to the
applicant:
a) Submitting $4,000.00 to the City to be used to supplement
landscaping along SW 4th Avenue, and
b) Revising the landscape plan to show a climbing vine type plant
along the proposed masonry wall located on the eastern side of the
property to reduce noise.
The original site plan did not specify type of construction, stating only that the
building would be "± 25 feet high" and be painted "off-white with brown trim." For
that portion of the building abutting the east lot line (adjacent to the FEC), no
CBS wall is provided.
The building permit drawings indicate a 32-foot high metal prefabricated building
set back approximately three feet from the east lot line. Again, no screen wall is
shown in this area.
The landscape plan has been revised to show the climbing vine along the east
(FEC) lot line. It is unclear how this vine will climb up the east face of the
proposed 32-foot high metal building.
Materials Handling SE CC meeting.doc
The IR (Industrial Restricted) zoning district permits buildings up to 35 feet in
height, and as such, no variance is required. The City Attorney indicates that the
increase in height may be enough of a change from the "approved" special
exception plans so as to justify resubmission to the City Commission.
A review of the Commission minutes indicates that building height was not an
issue at the June 8, 1999, City Commission meeting. As such, it is possible that
a 32-foot high building would have been approved subject to the same conditions
as the approved 25-foot building.
The change in building height will be visible to adjoining residents. With respect
to noise (which was discussed at the commission meeting), staff cannot
determine if a 32-foot high metal building will generate noticeably more
"reflective" train noise than a 25-foot high metal building. While the required
climbing vines will certainly approve the appearance of the wall to east, the noise
mitigation effect has yet to be determined.
STAFF RECOMMENDATION
Staff recommends withholding a recommendation until the applicant clarifies
noise and landscaping issues.
Cc: Randall F. Keller, AIA, Architect
Ronald Fontes
Materials Handling SE CC meeting.doc
GROWTH MANAGEMENT
IRVINTER-DEPARTMENT MEMORANDUM
v�
TO: Bud Palm c ��
Utilities / Public Works Director J
FROM: Lou Ann Cunningham
Administrative Asst.
RE: Landscaping Improvements
720 SW 4th Ct. - Material Handling Systems
Date: September 8, 2000
On June 8, 1999, the City Commission approved a site plan for Material Handling
Systems /American Cranes, Inc. with the condition that Mr. Fontes contribute $4,000.00
to the City for landscaping improvements along the entire east side of SW 4th Ave.
between the railroad tracks and the residential community. (See Section 1. (a) of
Resolution 116-99 attached).
On September 5, 2000 Mr. Fontes applied for a building permit for this project, and
submitted a check in the amount of$4,000.00 to the City of Dania.
Marie Jabalee, Finance Director, directed that these funds be deposited into account
number 608-30-3437-34-377, for your use in compliance with the resolution.
If you have any questions, please feel free to contact me.
cc: Mike Smith, City Manager
Laurence Leeds, AICP - Director, Growth Management
Marie Jabalee, Finance Director
Leo Williams, Supervisor- Public Works / Utilities
Ic
fortes amencen crane condition to alto plan-landacape.doc
CITY OF DANIA BEACH, FLORIDA
PAYMENT RECEIPT
Date:
Ivfoom: Lk
J
20 Interim Service Fee
96 Public Safety Fire Fee
97 Public Safety Police Fee
. 16 Other Bldg, Zoning & C10 Fees
334 1 Fire Inspection
318 Contractor Registration
332 Lien inquiry ACI(IT ,
342 Beach Sticker# Tag: ► -3�3 7
( c IF coo CC 600g-
390 General Sales°Tax
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RESOLUTION NO. 116-99
A RESOLUTION OF THE CI
TY OF DANIA BEACH,
FLORIDA, APPROVING THE SITE PLAN REQUEST
SUBMITTED RONALD AND STACEY FONTES, OWNERS
OF AMERICAN CRANES, INC./MATERIAL HANDLING, FOR
PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH,
FLORIDA; 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 of Article 1 of Chapter 8 of the Code of Ordinances of the
City of Dania Beach, Florida, states that a site plan is required as a condition to the
issuance of a building permit; and
WHEREAS, Ronald and Stacey Fontes, owners of American Cranes, Inc./Material
Handling, has applied for site plan approval for the proposed construction of 736 sq. ft. of
® warehouse area and 4,750 s . ft. of new assemblage area for property locate q g pr p rty d at 720 SW
4" Ct., Dania Beach, Florida; and
WHEREAS, the Planning & Zoning Board on May 19, 1999, recommended that the
City Commission grant the site plan request (SP-37-99), based upon the criteria set forth
in Section 8.4 of Article 1 of Chapter 8, 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 (SP-37-99) for site plan approval, a copy of
which is attached and made a part of this Resolution as Exhibit "A" is approved with the
1 RESOLUTION NO. 116-99
following conditions, and it is further'noted that the original Site Plan is maintained in the
office of the Growth
Management Department of the City of Dania Beach:
a) That the petitioners, Ronald and Stacey Fontes, owners of American Cranes, Inc.
Material Handling, agree to pay the City of Dania the amount of $4,000.00 for landscaping
improvements to be expanded along the entirety of SW 4"Avenue, between the railroad tracks and
residential community;
b) That the petitioners, Ronald and Stacey Fontes, owners of American Cranes, Inc.
Material Handling, agree to add a climbing vine type of plant to the proposed masonry wail along
the eastern portion of the property to reduce noise impact on the residential community.
Section 2. That based upon criteria set forth in Section 8-4(p) of Article 1 of Chapter
8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall
automatically expire and become null and void unless building permits are obtained
® on or before 18 months from the date of this resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 8`h DAY O 11" 99.
r�
"— FOR-COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
itGiry- VICE-MAYOR MCELYEA - YES
SHER L CHAPMA COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- NO
2 RESOLUTION NO. 116-99
APPROVED AS TO FORM AND CORRECTNESS:
BY: 'IT . ) 4
THOMAS ANS$ O
CITY ATTORNEY
3 RESOLUTION NO. 116-99
MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE. SE-35-99 Material Handling Systems Special Exception
VA-36-99 Material Handling Systems Variance Requests
SP-37-99 Material Handling Systems Site Plan Request
Date: June 2, 1999
The applicant is seeking permission to build an addition to the facility it currently
occupies adjacent to the FEC Railroad tracks and west of Phippens/Waiters Road. American
Crane Inc. currently occupies the site but needs more space in order to handle the needs of
their business. The City Commission may recall that it recently reviewed this site in relation to a
request to vacate SW 4t6 Court. The street vacation was requested to provide the land
® necessary for this expansion. The current use is nonconforming as to zoning and in order to
expand must be approved as a special exception.
A major problem working wifh an existing confined site is that the size and shape can
offer definite design challenges. This is the case with this site. If the Special Exception is
approved, in order to build at this location the applicant is seeking three variances as well as
site plan approval.
The first variance is relief from the required front yard setback. They are asking to
reduce the required front yard setback from thirty feet to one foot. This request is based upon
the presumption that as a result of the property having a 4u' Court address the front yard of the
property is the FEC right of way. It could be argued that this is in fact a side yard, which if it
were would require a twenty-foot setback. The site, in addition to being oddly shaped, is
separated from any other development to the east by the railroad and SW 40 Avenue.
The second variance being requested is from the required ten-foot buffer. If the
applicant is successful in the first variance then it becomes impossible to meet this requirement.
If ail requested variances are approved the proposed site plan would, as submitted, provide
landscaping onsite which would exceed City Code requirements in terms of numbers of planting
material. In addition, the applicant proposes to supplement the City's landscaping along the
western right of way of SW 4'Avenue.
The third variance is to the height and location of the masonry wail. The applicant is
proposing to construct the wall on the property line and is asking permission to build it at a
height of eight rather than six feet. The FEC tracks are two feet higher than the appiicant's
property. He is requesting the additional height along this side of the property to minimize the
�doc.
potential for vandalism. The additional height will also further screen the applicant's property
from the residences located to the east of SW 4' Avenue.
If the applicant is successful in obtaining the requested variances the site plan will have
to be modified further to meet City standards. The City's landscaping code requires that buffers
be placed adjacent to ail residentially zoned or used properties. There are residential properties
located adjacent to this site at the SW and NW comers of the property. The site plan only
indicates the placement of chain link fencing at these locations. These property lines will have
to include buffers and the solid masonry wall.
The Fire Marshall has also expressed some concerns. His comments are as follows:
1) Vehicular Access gates (2) must be provided with Knox padlocks for manual gates OK
Knox gate key switches for electric gates.
2) The 15' service drive must be painted and posted "Fire Lane", this is the south access
rd. to new structure.
3) Area bordered by parking space (16), west wall and north wall of existing vehicle garage
shall be dedicated for a fire lane for turning of fire apparatus. Painting and signs
required will be required to delineate this area.
4) The applicant needs to discuss all fire requirements in detail with the Fire Marshall prior
to future submittals.
The Public Works/Utility Director is also concerned about the sewer line located on the property.
The plans show the sewer fine to be located beneath the storm water retention area. The
applicant has agreed to modify his plans to rectify this situation.
RECOMMENDATION
The Planning and Zoning Board recommends that the City Commission approve the
Special Exception as requested. The Planning and Zoning Board further recommends that the
City Commission approve the requested variances. If approved they would allow for the
continued development of the site and the applicant has demonstrated a desire to further
mitigate his development by providing landscape materials off of his site. The Planning and
Zoning Board also recommends that the site plan be approved provided that the following
happens:
1. approval of the variances is supported;
2. the site plan is modified to address the identified landscape concerns and that the
adjacent property owners are satisfied with what has been proposed for the western
boundary;
3. that the applicant make a monetary contribution towards the cost of landscaping on
the east side of the railroad tracks in lieu of planting additional materials;
4. that the Fire Marshal's and the Public Works/Utility Director's comments are
addressed; and.
5. no barbwire is to be installed along the top of the masonry wall.
® RESOLUTION NO. 115-99
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A
SPECIAL EXCEPTION REQUEST BY RONALD AND STACEY FONTES
OWNER, AMERICAN CRANES, INC. / MATERIAL HANDLING, FOR
PROPERTY LOCATED AT 720 SW 4'." CT., DANIA BEACH, FOR A
SPECIAL EXCEPTION USE TO ALLOW SAID PARCEL TO BE USED FOR
ASSEMBLY AND LIGHT FABRICATION OF MATERIALS IN AN I-R
(RESTRICTED INDUSTRIAL) ZONING DISTRICT, 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-R; and
WHEREAS, Ronald and Stacey Fontes, owner, American Cranes, Inc./Material
Handling, has applied pp for a special exception use to allow said parcel to be used for
assembly and light fabrication of materials in an I-R zoning district; and
WHEREAS, the Planning & Zoning Board on May 19, 1999, 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:
Section 1 . That that certain application SE-35-99, for a Special Exception Use
allowing property located at 720 SW 4" Ct., to be used for assembly and light fabrication
® of materials; a copy of which is attached hereto and made a part hereof as Exhibit "A" be
1 RESOLUTION NO. 115 -99
and the same is hereby approved, and the appropriate city officials are hereby directed to
execute same.
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 8T" DA, OFt, 1999.
AYOR-COMMISSIONER
ATTEST: ROLL CALL.-
MAYOR BERTINO - YES
VICE-MAYOR MCELYEA - YES
SHERY CHAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FO M AND CORRECTNESS:
BY:
THOMAS .Y A SBRO
CITY ATTORNEY
2 RESOLUTION NO. 115 -99
F'+pr c 1 SS 03: OOp Louann Cunn i ngtham
( 954) 9222687
P
CITY
F A
100 wE;STDANIABEACHBOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATION ;NUMBER SE" 34..-�j
DATE: FILED
APPLICATION FOR SPECIAL EXCEPTION
The undersigned petitions the CIt
Florida to consider the y Commission of the of land described in thisPaoposed special exceptionCity of Dania
pplication, For the parcels
NAME OF APPLICANT: American Cranes Inc.
ADDRESS OF APPLICANT: 720 S.W. 4th Court, Dania, FL 330
PROPERTY INTEREST OF APPLICANT: Owner
PHONE: 954 . 921 . 1 '
NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE; APPLICANT)
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Dr3ai FTr L S•�'�• 4 th Court
® Plat Book 22 , Page ; 0 t Addition Colle e Trac*
ZONING CLASS IF ICATIONs
—TR LOT SIZE.
PRESENT USE: 1rr---_AREA= 41 160 92
DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE a AND/OR1S S�Pmhl , CONSTRUCTION
1
or osed add- th
o
Zoe. 421-iu,e _
`f. 2 0 /2 Z o ,U,A;L l v) ems, (_-
LIST THE NAMES AND ADDRESS OF ANY EXPERTS
ATTORNEY , E:CT. EF ANY) : W1l111am D ( PLANNER, ARCHITECT ,
i
Lauderdale, FL 33304 954 fi 50 . Tucker, Esq. 735 N.E.
3rd Ave. Ft .
Kim Zimmerman Architect 1314 E. Las Olas e FL `'S4 . 566 . .
PLEASE
9 522 . 6648 #102 Ft. Lauderdale, FL
REQUEST OR A VARIANCE UST STAND COMPLETE
N OF ON ITS
THE APPLICATION CAREFULLY.
ANY OTHER PROPERTY. OWN MERITS WITHOUT EACH
REGARD
The Following �questions
Commission and Planningp and
ertaLnZonointhe criteria
exception will not adversely affect the Board upon ^+nich the City
consider
if public interest. a special
'- Indicate t`'at
the use :s a permitted soecial exce
schedule Of use cegulati �ns , City of Dania , in
zoningt1cle use it the
code . Article 4 of the
H RETO.
99 03: 04p Louann Cunningham
(954) 9222687
- F
z• Describe how the use is so t designed ,
posed
Operated so that he health, located and pro
Protected . y. .welfare and morals will
, to b.
t l l bE
F n n
3 • Describe how the use will not cause substantial
value of other property in the neighborhood. in jury to the
�i
4 • Show how tie use will be compatible w '
and the intended purpose of the disLwith adJoinin
located . 9 development
hick it is to be
F n n
ETO
5• Indicate how the landscaping and screenin
required . g is provided as
SEE EXHIBIT "A" ATTACHED HERETO.
6. Describe how adequate off-street
and that ingress and egress is parking and loading is
interference with traffic on a so designed to c Provided
cause minim butting street , um
SEE EXHIBIT "A" ATTACHED HERETO.
� . Indicate h'w the use conforms with all a
governing the district where with
or applicable re
development , how it conforms withif aregulations
PUD requirements.
Unit
quirements.
a . Please add any other comments which may
Commission and the Planning and Zonin y assist the City
request . q board in reviewing this
SEE EXHIBIT "A" ATTACHED HERETO.
RPr' 21 33 03: 07p Louann Cunningham (354 ) 3222E87
P
NOTE: ALL SIGNATURES MUST BE
E. NOTARIZED
CITY COMMISSION. BY ORDER OF THE DANIA
Signature of Peitioner
i
Swo n to a subscribed before me this
day of
N tart' public Commission Expires :
FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM TIIE OWNER OF THE SUBJECT DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT LANDS
HAVE
AUTHORIZED
AFORESAID PETITION FOR VARIANCE:. TO MAKE AND FILE THE
�'•V WIlUam 0. Tucker S g n a t u r e r at Owner
My r,OMMI �j
MISSION M CC658238 IXPIRES 1
aH OEo THJune 23,2001 c e e t �v i�� �-'4�•� S ��
RU TROY FAIN INSURA .INC. r e s s . City, _State b Z p
1 ( T y . Z
Telephone
Sworn t and subscribed before me this / o,
�-� day of � � I 19 (�
Commission �m 0.Tucbr
Not a y c Ex pi tsg 9,i My COMMISSION N CC6W=EXPIRES
'';' June 23.2001
10H060 THRU TRAY FAIN IMLRk%M.ING
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans
Survey Sketches
Fee
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE DEPARTMENT. CITY OF DANIA'S GROWTH MANAGEMENT
ACCEPTED BY:
EXHIBIT "A"
TO APPLICATION FOR SPECIAL EXCEPTION USE
BY AMERICAN CRANE. INC.
Applicant American Cranes, Inc.
Property Address 720 SW 4`h Court, Dania, FL 33004
Tax Folio Numbers 51-41-03-35-0210 and 51-41-03-35-0190
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.
The proposed use is assembly and light fabrication of materials as is allowed pursuant to
zoning code desi anon IR. The ro erty is currently being used for this purpose and was being
used as such prior to the enactment of Chapter 4
?. Describe how the use is so designed, located and proposed to be operated so that the
health, safety, welfare and morals will be protected.
The pr000sed use is the same as the current use The current use has been operated in
such a wav as to orotect the health. safety welfare and morals The proposed use will be the
same and in fact the ro osed im rovements will enhance health, safety, welfare and morals.
Please refer to the site plan, paving and drainage planes and the iandscape plans.
3. Describe how the use will not cause substantial injury to the value of the other property in
the neighborhood.
Because the property is currently being used in the proposed use the grant of this special
use exception will not reduce neighborhood property values. The proposed improvements to the
Page I of 3
property that necessitated this application for special use e�cception will in tact improve property
values. The recently vacated dirt and gravel roadwav has long been a dum in round for refuse
and the proposed improvements will prevent this in the future because of the proposed wail
Anplwnnt proposes to pave the road
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.
Adjoining development is substantially the same use as the current and proposed use.
�. Indicate how the landscaping and screening is provided as required.
Please refer to the landscape Vians submitted in connection with the application for site
plan a roval.
6. Described 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.
Please refer to the site plan, the parking and drainage plan. and the landscape plan
submitted in connection with the application for site plan approval.
%. Indicate how the use conforms with all applicable regulations governing the district
where located or if a planned Unit development, how it conforms with PUD
requirements.
Since 1995 Anpiicant has been operating this business within the confines of all
applicable regulations governing the district where the property is located.
S. Please add any other comments which may assist the City Commission and the Planning
Zoning Board in re,,iewing this request.
Page 2 of 3
This special use exception application is prompted by Applicants need to construct an
addition to its crane and hoist assembiv facility. The current use was grandfatheLed in so
although the current use is the same as the proposed use. Pursuant to Section 4-20 a a s ecial
use eXception must be approved for the proposed addition
JAmhs - variancelexhibit A to application for special exception.wpd
Page ') of 3
RESOLUTION NO. 114-99
A RESOLUTION APPROVING THE VARIANCE REQUEST BY RONALD AND
STACEY FONTES, OWNERS OF AMERICAN CRANES, INC. / MATERIAL
HANDLING, FROM CHAPTER 28 ZONING, ARTICLE 4, SCHEDULE OF LOT,
YARD AND BULK REGULATIONS; CHAPTER 26, VEGETATION, SEC. 26-50.
(a) AND (b) LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING
BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL
PROPERTY, FOR PROPERTY LOCATED AT 720 SW 4T" CT., DANIA BEACH;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 4 sets the
schedule of lot, yard and bulk regulations for properties within the City of Dania Beach and Chapter
26, Vegetation, Sec. 26-50 (a) and (b) set the landscaping requirements for areas separating
business, commercial and industrial property from residential property.; and
WHEREAS, Ronald and Stacey Fontes, owners of American Cranes, Inc. / Material
Handling, has applied for a variance (VA-36-99) to allow for relief from the 30' front yard setback
requirement by allowing him to utilize a 1' front yard setback, relief from the required 10' landscape
® buffer, allow the proposed placement of landscaping in mitigation on the east F P 9 9 EC right of way
easement, and provide relief from installing a 6' masonry wall, and allow an 8' masonry wall in its
place, at his property located at 720 SW 41h Ct., Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 19, 1999, recommended that the City
Commission grant variance request VA-36-99 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-36-99, for variances from Chapter 28 Zoning,
Article 4, Schedule of Lot, Yard and Bulk Regulations, and Chapter 26, Vegetation, Section 26-50
(a) and (b) Landscaping Requirements for areas separating business, commercial and industrial
property from residential property, a copy of which is attached as Exhibit "A" is approved with the
1 RESOLUTION NO 114-99
following conditions:
® a) That the petitioners, Ronald and StaceyFontes, owners of American Cranes,
Inc. / Material Handling, agree to pay the City of Dania the amount of $4,000.00 for landscaping
improvements to be expanded along the entirety of SW 4`"Avenue, between the railroad tracks and
residential community;
b) That the petitioners, Ronald and Stacey Fontes, owners of American Cranes, Inc.
/ Material Handling, agree to add a climbing vine type of plant to the proposed masonry wall along
the eastern portion of the property to reduce noise impact on the residential community.
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 8" DAY OF June, 1999. .
R — COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
VICE-MAYOR MCELYEA - YES
SHER CHAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- NO
APPROVED AS TO FO M AND CORRECTNESS.-
BY: ►' / �
THOMAS J. ANSBRO
CITY ATTORNEY
RESOLUTION NO 114-99
U1/. ji 14 SAT 00:27 FAX
APPLICATION NUMBER: CITY OF DANIA BEACH Date stamp
47 - 3 cj 100 WEST DANIA BEACH BLVD.
DANIA BEACH, FL 33004
(954) 921-8700 X262
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance of the parcel(s) of land described in this application.
NAME OF APPLICANT. American Cranes , Inc
ADDRESS OF APPLICANT: 720 S .W. 4th Court, Dania, Florida 33004
PROPERTY INTEREST OF APPLICANT: Owner
NAME AND ADDRESS OF PROPERTY OWNER: American Cranes , Inc.
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 7ll2 0 S.W. 4 th
Court, Dania, Fl . 33004 ; Lots 5 through 10/,BFQirst3addition
college tract, Plat Book 22 , Page 10
PRESENT ZONING: TR LOT SIZEIAREkAnnrox_ a 1 1 60 92gg f t+
PRESENT/ PROPOSED USE OF PROPERTY: Present: Assembly / light fabricatic
hoist:;/cranes . . Proposed same
® DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WO
FROM AND WHAT IS PROPOSED): WOULD LIKE THE VARIANCE
Sec. 4 . 202 requiring 30 frontyard setback: proposed setback 1 '
Sec26 50( a) requiring 10 ' landscape buffer; proposed placement
ot iandscaping in mitigation on E. FEC RYWY easement
Sec 26-50 ( b ) ( 1 ) requiring 6 ' masonry wall . oroposed 8 ' masonry
wa1 .
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS 1F ANY (I.E.
ARCHITECT. ATTORNEY):
William D. Tucker, Esquire 735 N.E. 3rd Avenue Ft Laud, Fl 954 45
Randall Keller, 999 East Oakland Park Blvd. Ft. Laud Fl . 954-56
Kim Zimmerman, Architect 1314 E.Las Olas #102 Ft. Laud Fl . 954-52
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 zoning district.
011 SEE EXHIBIT "A" ATTACHED HERETO
I
14 3AI' UU:17 FAX
4L!
2) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
SEE EXHIBIT. "A" ATTACHED HERETO
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.
SEE EXHIBIT "A" ATTACHED HERETO
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.
SEE EXHIBIT "A" HERETO
5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
® 3EE EXHIBIT "A" ATTACHED HERETO
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 be injurious to the area involved or otherwise
detrimental to the public welfare.
SEE EXHIBIT "A" ATTACHED HERETO
7) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request.
SEE EXHIBIT "A" ATTACHED HERETO
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - - - - -
This is to certify that I am the owner of the subject land(s) described above in the petition for variance
(Complete only if applicable) I have also authorized the undersigned petitioner
to make and file this application for variancew-
SIMATU'RE OF APPLICANT
STATE OF FLORIDA
® COUNTY OF 13ROWARD
The forgoing instrument was acknowledged before me on �-for
1999 byas[title] nees [name of entity] z,"
C-J'Gwfs a Flonda Corpor, ]jon,who is impersonally known to me,or
as identification. :o�.ri4% D.Tucker produced
:? MY COMMISSION/CC658238 EXPIRES
My Commission Expires: ;' June 23.2001
?,a ?01410TM`T1 rF�,n��.11C. NOTARY P
r.,,.. y UBLIC
EXHIBIT "A"
TO APPLICATION FOR VARIANCE
BY AMERICAN CRANE. INC.
Applicant American Cranes, Inc.
Propertv Address 720 SW 4`h Court, Dania. FL 33004
Tax Folio Numbers 51-41-03-35-0210 and 51-41-03-35-0190
l. 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 zoning district.
The propertv's unique trapezoidal shape and configuration imposes upon the Applicant
special design considerations and unique restrictions not found in other properties in this same
zoning district. For exam le the pLo erty's southerly property ,line is only sixty feet wide and the
northerly 1JOundary is one hundred and forty feet wide. If all set back restrictions were literally
enforced. Applicant could not build anv structures on the southerly portion of its proper
because it is so narrow. The only access to
the property is on the northeast and southeast corner
FEC railroad tracks so that.Applicant can only ex and at the mid- pint of the ro em . Due to
the propertv's peculiar configuration applicant is limited in location that anv additions can be
constnicted to the existing buildings. In addition. and unique to thiLpir2opperry. this propertv has
approximately 470 lineal feet along the Florida East Coast Railway. The railwav bed is elevated
approximately tour feet above the surrounding elevation which necessitates the eight foot wall
so as to prevent vandals from throwing rocks and otherwise gaining visual access to the property
via the elevated railwav bed
'. Provide evidence that the special conditions and circumstances do not result from the
actions of the applicant.
Page 1 of 5
® With the exception of the recently vacated roadway easement along the ea
steriv
property
line. .a licant did not cause the ro erty to be in its current configuration. The existing
buildings were on the ro ern when App licant.purchased the 12roperty in Se tember. 1998..
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.
A number of other properties in this same zoning district contain structures within the
setback alon the railroad. and thus 2ranting the re guested variances will not confer any special
privilece on the applicant that is denied by the zoning, code to other lands buildings or structures
in this same zonin district. A licant has submitted along with this a lication hoto ra hs of
these other properties with improvements within the re wired setback alongthe railroad tracks..
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.
Without the requested variances Applicant cannot expand his business and nut the
property to its highest and best use a right commonly enioved by other properties in the same
zoning district. In addition. other ro erties alongthe railroad have buildings and seCLirity walls
within the setback. In fact. it appears that the only properties al on the FEC railroad have the IR
zoning designation. Many. if not most ofthe Rroperties in the IR zone have structures in the
setback. Due to the nature of Appficant2s business and the current configuration of buildings on
the proneMLAP12iicant,.can only expand its buildings as set forth in the submitted site plan.
Page 2 of 5
Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land. building or structure.
Applicant seeks a variance of the thirty foot set back line only along the easteriv boundary
of the property in order to construct a sorely needed 4.750 square foot assembly facility addition
to an existing building.
Applicant seeks a variance to build an eight foot masonry wall around only those sections
of property bordering on or accessible to the Florida East Coast Railway, and not around the
zntire property
Finally. with respect to the vegetation applicant seeks a variance only to construct the
addition to the existing assembly facility and to in order place the newly re uired parking.
Applicant will plant mitigation vegetation along 470 lineal feet on the eastern edge of the Florida
East Coast Railwav right of way that runs along the property.
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 be iniurious to the area
involved or otherwise detrimental to the public welfare.
The grant of the variances will protect and preserve the appearance character and value
Of the surrounding neighborhood. and thereby promote the general welfare. and at the same time
allow Applicant to put his property to the highest and best functional use In addition as the
accompanying photos show. the proposed improvements will beautify the property and improve
property values in the neighborhood The variances will benefit the neighborhood as follows
(i) by nlanting a substantial amount of mitigation vegetation along the approximately 470 lineal
feet on the east side oft e FEC rail road: (ii) in addition. the homes to the east of the provert
currently have an unobstnicted view of Aoolicant's assembly operations By allowing Applicant
Page 3 of 5
to construct an eight toot wall the surrounding ro erties' view of A licant's operations will be
obstructed. Further. the 470 lineal feet of mitigation vegetation that A iicant ro oses to lant
will nromote the enhance the appearance character and value of the surrounding neighborhood,
beautify the aren. and will add a buffer between the Florida East Coast railway and the residents
of the proverties to the east of the tracks.
7. Please add any other comments which may assist the Citv Commission and the Planning
and Zoning Board in reviewing this request. `
This variance request is vrompted by A licant's need to expand its current crane and
hoist business. Due to the uni ue configuration of the 12roperty and functional considerations
unique to Applicants assembly operations the proposed addition must be constructed along the
FEC railwav accordiniz to the site Plan submitted with this application. As a result in order to
construct the prol2osed addition. AD121icant re uires a variance from the thirty foot front vard set
back restrictions.
Again due to the unique and somewhat limiting shape of the pron�ppiicant must
lace the newiv re uired arking along the Eastern proverty line where the Zoning code would
require vegetation. -applicant seeks a variance from the ten foot landscape buffer contained in
Section 26-50(a) because of the required placement of the proposed addition and attendant
parking (the placement of which are dictated by the properrv) applicant proposes in exchange
for this variance to plant approximately four hundred lineal feet of mitigation vegetation on the
East side of the FEC tracks. This will beautifv the neighborhood. im rove ro em values and
provide a buffer to the residents along that stretch of rail from the sights and sounds of the
railroad.
Page 4 of 5
® Because the FEC railway bed is approximately four feet above Applicant's property.
Applicant needs to build alone the railroad right of way an eight foot masonry site wail than a six
foot wall in order to secure its property. The wall will bring an added benefit to the surroundin
properties in that it will obstruct their view of Applicant's operations Currently Applicant's
buildings. trucks. etc., are in open view of the surrounding properties.
k:\mhs.yariencelapplication.exhibit A
Page 5 of
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the the City Commission on
O er 24, 2000 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room,
Anistrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of
hearing any objections which might be made to the following request:
Amendment to a previously approved special exception and/or clarification of the site plan for the proposed
addition at the American Cranes, Inc. property, located at 720 SW 4th Ct., Dania Beach. The Dania Beach City
Commission approved these requests on June 8, 1999.
Legally described: Lots 5,6,7,8,9 and 10, block 3, first addition college tract, plat book 22, page 10 of
the public records of Broward County, Florida. Together with: Railroad alley (know as SW 41" Ct)
adjacent to the westerly boundary line of block 3, first addition college tract according to the plat
thereof, as recorded in plat book 22, page 10 of the public records of Broward County, Florida;
bounded on the north by the easterly extension of the south right of way line of SW 7' St. (50 foot right
of way); bounded on the east by the easterly line of said railroad alley (SW 41' Ct); bounded on the
south by the easterly extension of the north right of way line of SW 9' St. (50 foot right of way);
bounded on the west by the westerly line of railroad alley (SW 41" Ct), also being the easterly line of
said block 3.
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
through Friday please call (954) 924-3645 for more information. 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
*f these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W.
D' ia 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
Mailed October 13, 2000
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