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HomeMy WebLinkAboutR-2007-050 American Speed Factory Special Exception RESOLUTION NO. 2007-050 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JOHN SHAPIRO,FOR PROPERTY LOCATED AT 303 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW AN ENCLOSED AUTOMOBILE SERVICE ESTABLISHMENT IN A "C-3" (COMMERCIAL) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code, Chapter 28,"Zoning",Article 4"Schedule of Use Regulations", provides that an automobile service establishment is allowed in a C-3 (Commercial) zoning district as a special exception use; and WHEREAS,John Shapiro has applied for special exception approval(SE-04-07)to allow an enclosed automobile service establishment in a C-3 (Commercial) zoning district, for property located at 303 North Federal Highway in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on February 21,2007 recommended that the City Commission grant the special exception request(SE-04-07), subject to conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article 10.12, "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 BEACH, FLORIDA: Section 1. That that certain application SE-04-07 filed by the applicant as identified above, for a Special Exception to allow an enclosed automobile service establishment within the C-3 (Commercial) zoning district, a copy of which application is attached and made a part of this Resolution as Exhibit"A", for property located at 303 North Federal Highway, in the City of Dania Beach, is approved, subject to the following conditions to be addressed by the applicant prior to issuance of an occupational license: 1) No outdoor storage of cars awaiting repair or while repairs are ongoing. 2) Vehicles limited to sport and luxury passenger automobiles with a value equal or greater than $50,000.00. Motorcycles, scooters,trucks,boats,RV's,ATC's,busses,or any other vessels or vehicles are prohibited. 3) Compliance with sign code unless sign waiver(not submitted with this application)is granted by the City Commission. 4) Parking of trucks, vans, transport trailers, etc. is prohibited on NW 3rd Street and NW Ist Avenue. 5) No transport trailer or truck parking adjacent to Federal Highway. 6) Test drives prohibited. 7) Applicant to consider installation of ground-to-ceiling window treatments along US 1 to create visual interest both days and evenings. 8) Applicant to acknowledge the site is located within the pending Transit Oriented Development ("TOD)" District and that rezoning to TOD will render the proposed use, if approved,a legal non-conforming use pursuant to Chapter 28 of the City Code. 9) Applicant cannot occupy building until irrigated landscaping (as per plan) is installed. 10) Applicant cannot occupy the building until parking lot and driveway,as per the proposed plan are completed. In the alternative, applicant may submit an alternative plan,for staff approval, showing no change in the existing driveway size and location(limited to "exit only"). 11) In addition to the above conditions,the plan submittal package needs to be revised as follows: a. The survey shows 15 foot wide driveway at north east corner of the property;the site plan shows a 20 foot wide driveway. A two way drive must be a minimum of 24 feet wide and be approved by FDOT. If driveway is maintained at current 15 feet, revise plan to show "EXIT only". b. The US 1 driveway is not properly aligned with the parking lot. Delete parking spaces as necessary (revise plan) to assure sufficient driveway width. c. 2-way driveway must be a minimum of 24 feet wide. Revise site plan to show northeast driveway to be one-way only. d. Landscape plan show a Crape Myrtle tree in the middle of a parking space along the north property line. Clarify. e. Provide color building elevation rendering(If no changes contemplated,provide 10 sets of photos showing US 1 south, west, and north building elevations. f. Underground irrigation required for landscape areas. g. Provide floor plan of existing and proposed uses. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION#2007-050 Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 14, 2007. /1i,16 -Z& PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO AND CORRECTNESS: BY: k TH MASJ.ANSBRO CITY ATTORNEY 3 RESOLUTION n2007-050 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment - ❑ Plat ❑ Plat Delegation Request ❑ Rezoning j ; Date Rec'd: ❑ Site Plan Special Exception Petition No.: ❑ Special Request ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the,top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 3N <�acrcl� ���„o �i o� �,p �Jcby Sc.. , z'JCP4 Lot(s): 1,?,'2LA l Block: (_ Subdivision:lk0.nsec\ 1& rJe\So. Subd:J.�,on Recorded Plat Name:? &"000`c 3 paAa."1:n Folio Number(s):501L- N-C(o-o73o Legal Description: "4a.,Se. aelso S",, 3-70�) nll lots !?4 'i pplican Consultant/Legal Representative(circle one) Doti 5w� ro sti •ten. Address of Applicant: Business Telephone: 95`( 1 554 Cyy , Home: iS'l ZAT Z8*79 Fax: IS-4 `{56 lF7q Name of Property Owner: .der �co Zcz�ccES Address of Property Owner: BusinessTelephone:GS-1 qZ7 Li tch Home: ?>0557 %-1(69 Fax: 95Li QZCa -7$7co Explanation of Request: �tt'GGSe Prop. Net Acreage: Gross Acreage: l-OZocreProp. Square Footage: Z7, Y03 sct. ��• Existing Use: Proposed Use:1�eaSe- See d a6�('\ Is property owned individually, by a corporation, or a joint venture? COC RZ�Qsx\ �k'M N I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 20OS-040. r TorcrJ cu,�PUlD ( - t�-o7 signature Print Name Date A( PPL_�CANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: ThJ2 day-> n 20CQ Signat e: ^ Date: Si a o ry Publ' (Print Name) a\ttuw/ Siy Pr t N e Notary i �`� �p q :e ddress, City, State and Zip Code 0 3 p pg CommissionExpir s w m $ c{S 7 L f Seal: 1 ► ~ne No. &Fax No. INDIVIDUA OWNER off QTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn tp nd su ybe efore me Owner:r� Li% Lf This / ay af'�' + 20!Or7 n Signatures � �f��,�bTt�A r V� L -- Date: i ! Sin in u Print Name) S t � l� ���Addre'ss, ��2,A 1 �l�-�-1nLtD`l ��Print N \tµiiiNq// Stree City, State and Zip Code ! � � ��\\\g.SMITH qi0G Com Iss n x Tres: �`\`���';.' �ieeo�*ba �} }� 4 �i� 92� 41 i7� &x Se; o ,%�200g _ Telephone No. & Fax No. r� •y�`�. Ii,tlll tgtil;lt'1 i General Development Application for 303 North Federal Highway ! 1 in Dania Beach, FL 1 j (attachment) Explanation of Request: The request is to receive permission to allow the special exception use noted in C-3 zoning for automobile service. The proposed use of the property is noted below. Proposed Use of 303 N Federal Highway: Our proposed use of the property is as follows: • Ferrari race team service facility and headquarters • Showroom of investment-grade collectible cars • Driver's accessories boutique We will also: • Modify parking lot (US) 1 driveway to be "exit only," unless FDOT approves 24' - 30' driveway • Park transport trucks within or behind the building • Resurface parking lot and clean-up south building elevation • Resolve unresolved code issues prior to occupancy • Provide lighting for the building interior for evenings The following will NOT take place: • No outdoor display, sales, repair, or assembly of vehicles • No body work or auto painting • No test driving of vehicles on public streets • No loading/unloading/parking of vehicles on NE 3rd Street or US 1 Special Exception Criteria Statement The following statement identifies how the request is consistent with all of the applicable criteria found in the Zoning Code for a special exception: 1. The use is permitted as a special exception use as set forth in the schedule of use regulations. The C-3 zoning special exception states: "1. All special exception uses as set forth and as regulated in C-1 and C-2. 2. Enclosed automobile service establishments but excluding truck, trailer, motorcycle, boat, recreation vehicle sales, storage, display, leasing, car washes, paint and body shops 3. Warehousing, 2. The use will not cause a detrimental impact to the existing contiguous uses, general area or zoning district. The applicant's use does not compete with existing area businesses, and will likely draw additional clientele into the area to the benefit of aforementioned parties. 3. The products and services of the intended use are high-end and will draw upscale clientele in keeping with the general character of the area. ... 4. Adequate landscaping and screening have been installed by the previous owner and approved by the City as compliant. The intended use will maintain adequate landscaping and screening. 5. Adequate parking and loading is provided for the intended uses workers and clients. Ingress and egress will be improved to cause minimum interference with traffic on abutting streets pending DOT approval of site plan to widen the driveway on Federal Highway (northeast area of property). 6. The use will be consistent with the existing Comprehensive Plan by: • providing lighting for the building interior for evenings • resurfacing parking lot and cleaning-up the south building elevation ■ resolving unresolved code issues prior to occupancy 7. The use will not have a detrimental environmental impact on contiguous properties, properties located in the general area, or an environmental impact inconsistent with the health, safety, and welfare of the community. The intended use does not involve expelling dangerous chemicals into the environment, nor does it produce toxic waste of any kind. 8. The use will not have a detrimental effect on vehicular or pedestrian traffic, because the available parking will exceed the business' clientele requirements, and pedestrian traffic will not be impeded by intended use. The additional clientele that will likely be drawn to the community by the intended use will not be sufficient to generate traffic inconsistent with the health, safety, and welfare of the community. 9. The use will not utilize turning movements in relation to its access to public roads or intersections by providing available parking on both the north and south sides of the building. 10. There is no known reason or current business activity that will have a detrimental effect . on the future development of contiguous properties or the general area according to the Comprehensive Plan. 11. The intended use will create less incompatible noise, lights, vibrations, fumes, odors, dust, or physical activities than the existing uses located on contiguous properties, taking into account existing uses such as the gas stations, the marina, and the railroad. 12. The intended use will not overburden existing public services and facilities. No excessive use of these services and facilities will be created by the intended use. 13. The intended use will be sufficiently accessible to permit entry by fire, police, rescue, and other essential public services by providing multiple entrances to the property. 14. The use will be consistent with the definition of a special exception (as described in 41, above) and will meet the standards and criteria of the zoning classification in which such use is proposed to be located and all other requirements for such particular use (as described in 42-13, above) pursuant to Chapter 28, Article 4.20 of the Code of Ordinances of the City of Dania Beach. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH SE-04-07 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Wednesday, March 14, 2007 at 7:00 pm, or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: SE-04-07 - John Shapiro is requesting special exception use approval to allow an enclosed automobile service establishment for property located at 303 North Federal Highway, Dania Beach. Property is legally described as: Hansen &Nelson Sub 3-76 D all lots 1,2,3,4,Less ST RD Blk G Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—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 any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the PIanning and Zoning Advisory Board or 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 Associate Notice Date: March 2, 2007 LOCATION MAP RS-6000 RD-8000 C-3 C-3 1-G Dania Cutoff Canal ,e'er IT Imo. C-4 NW 4TH ST 'OLD GRIFFIN RO C-3 NW.3RD PL `u w RD$000 Si! C-3 i NW 3RD.TER 'O C p NE3RD ST n a U i W G 4 C-3 RD-8000 i RD-B000 FW 5T D S W Q NE 2ND pL��z RS$000 RS$000 y C-2 m z z t RD-8000 NW2NDST. NW.2NDST—. NE 2ND ST > > V c CJ a o LL C-p �' RS$000 OS w i z i I RD-8000 z