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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 1ST 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OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE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:
1 RESOLUTION NO. 08-99
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Section 1. That that certain application SE-58-98, for a Special Exception Use
allowing property located at 1800 NW 151 St, to be used in its entirety as a commercial A
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
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PASSED AND ADOPTED THE 12'" DAY OF/JANUARY, 1999.
MAYOR-COMMISSIONER
ATTEST: Roll Call:
Mayor Cali- yes
Vice-Mayor Etling-yes
r� � Commissioner Bertino-yes
CLERK-A TOR Commissioner Hyde -yes
Commissioner Mikes-no
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATT RNEY
3 RESOLUTION NO. 08-99
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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 1ST 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 12/16198
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
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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.
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CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATION .NUMBER cr�;_98
DATE FILED_
APPLICATION FOR SPECIAL EXCEPTION
The undersigned petitions the City Commission of the Ci[
o£orida to land describeder the in this papplication special exception for
Y of Dania,
the parcel(s)
NAME OF APPLICANT: Festival Fun Parks, LLC
ADDRESS OF A?PLICANT; 1500 HW !at Street/Ste 1C PHONE: 954-921-141 Dania, rL 33004-3100 1
PROPERTY INTEREST OF APPLICANT: ��
.NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT):
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: ignn MW t
Dania Flo i P Stre-- el�
thereof, recorded in Plat Book 135, Pa:-::'4,
of the Fublic hecords of Broward County,
ZONING CLASSIFICATION: I-G
LOT SIZE: 9.13 AREA: Florida
PRESENT USE: vacant acres �--
DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND/OR CONSTRUCTION
heq uest is to use sub fa -
2"QPL1Y it) ;rI,
' ' recreation
LIST THE .'TAMES AND ADDRESS OF ANY EXPERTS
ATTORNEY, LCT. IF ANY): (PLANNER, ARCHITECT,
Tom Lahenthal, Cad Landscape, 1314 E. Las DL as B'_vd. FC, Lauderdale, FL 33301
(954)522-o64A
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 d Zenupon which the exception COmmission
not adversely affecting
public interest.rif a s
City
pecial
I . Indicate t-at the use is a permitted special exception use
schedule of use regulati,)ns, City of Dania in the
, in Article 4 of the
zoning code.
1-G zoningprovides, under t.^.
e catecory heading ,
---_�_ 6 "Special r-- un Uses" (4)
indoor/Outdoor commerc�tion
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2• Describe how the use is so designed, located and proposed to be
operated so that the health, safety, welfare and morals will be
protected.
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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 commercial
recreational
4• Show how t.•.e use will be compatible with adjoining development
and the intended purpose of the district in which it is to be
located.
See #3 above
S• Indicate how the landscaping and screening is provided as
required.
See attached site rlan
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
1. 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.
N/A
8. Please add any other comments which may assist the City
Commission and the Planning and Zoning Board in reviewing this
request.
heauest is=ade co amend the prior arantinc of the special-- exception to
--She 49Il4"!ZUaQs. and ccmmon-v n ,CdOA e's to include this nrooert
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NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION.
X,//1Lz9.
S ignacuce of Peitioner
Sworn to and subscribed before me this%hada of /
i� Y t:Ynf� 19 cif
Notary ublic
Commission Expires:
P
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.
S 1.� �-
Signature of Owner
SLreet A ress, City, State fi Zip
Telephone
Sworn to and subscribed before me this—jLdayof �1�19ga
Not r Pub is Commission Ep ,; N.NBSON
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men�
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:
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PUBLISHED DAILY
FORT ;JDER)AL_P =POWARD COUNTY. FLORIDA
_OCA ;AiOp!, °ALB :EACH COUNTY, FLORIDA
MIAMI, DADE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION OF THE CITY
STATE OF FLO?I^A OF DANIA BEACH, FLORIDA
NOTICE IS HEREBY GIVEN that the City Commission or
me City or Dania 8090 Florida on,January 12. 1Bgg,at
COUNTY OF ERO'JA,RD/PALM :EAC:1/DAJ'c 7:00PM of as anon therialter as the matter may be heard wdl conducl a public hearing in the City Commission Meet:ing Rpom of the Dania Beech Cil Hell, 100 Weel Denis
XFG �.D. . 1. N D- AUTHORITY PERSONALLY APPEBeach eouieverd.Dame eeacn. IlOdda. to consider the
lallaw E- prop Wed request°. ' ng FesnBB•the reaueat of Mike Mogerman,repre-
senting FgOY°I Fun Parks,foraapaialexceolion useto n 4 O O N O A T H S A Y S T H A allow said Parcel to be used as a permanent8','d1mercI'O
A DULY•AUTNOP.IZED Recreational use.asprov,ded In Chapter 26:ZoningArudtREP3ESENTATiVE OF THx.20SchedulealUseRequlanaa:Sec,al,ZoningArExceptions un-
JEPARTI+,FNT OF THE SUN—SENTIVE L, DAILY der the l-G zoning Betegorq.Thslospecnof said Parcel is the vacanteet Ceali"ef"s west of lhegolt counsel 1700
�YE;W SPA PE ? ?J3LISHED :9 :RONARD/PAL" 3EACH/DAUE CONW 1st$ilai.Denis BOBO(Commonly known as Grand
Prix Rasa o llah l The request is In con unction With e
FLORIDA THAT T4E ATTACHED COPY OF ADVERTISEMENT, suepPtoaanrn°segceliyaetxoea°eswlrcoe°IrknonIsom.marts Center of an, accardlnG to the Plat thereof,re•
Braw°e in let y Florlde page xrlgof the public recarda of
NOTICt: JF DU.]LIC HEARING VA•SA•gB•Rpe alot . Mike Moge men,repreanling
FaIIYM Fun Pero,Tora If from Chap ter YB:Zoning,
ArtI c 16,60.Area fl tells mante for IRO Industrial fle-
i A f H E �1 A TT 2 R O F aevdn Onkel Dlnnn:�a) Pe,tun,ng la HragqIn Regwrs-
mais,for propany lop aJ at 1500-1700 N19 tat 6t.The
coda requires mU t bull0lrq or stmOum ell&"exceed a
S E 5 J-Q eic°eheie plw�q(8211ee he o�Alive(5)to n In edlq"hOjpT el scraper)a wiMle to Wnslluct an amusement ride(Sky scraper)at a Iced height of 160'.within 25'of the existing
:N THE CIRCJIT COURT, JAS ?U9LISHED IN SAID NEWSp20Bn high park Sit with and Por,,,,mdto nth n1°at too*.
water IRemYe perk site wdh an a
THE I S S U E S O F Office Parrk,ie=°Qln%plo the Plat Mentor recorded In Plat
'1/32P 1 { Fbr1da. page 2Sol the public records BrOWerd County
In accordance In the AmOrleans With Dla IIIIIIea Act,Parsans needing aW Stan p to Participate In any or Iheae
roceedinga 111 ld contact Mane Jebala,Clty Clerk,too
AFFIFNT FURTHER SAYS THAT THE iAID iUN-SE4TINEL Biooe1. 22.1iiees1°eehous�;,oii000memmg1921
NEWSPAP'c? PUBLISHED IN SAID 3ROWARD/PALM BEACH/DAthe"Pranirsoaaoddo°nngiaov�o.medlOoftCity comm'a°°ion
COUNTY, FLORIDA, AND THAT THE SAID 4EWSPAPER HAS ''hith(gwdA 10 aaere after
considered
At iisteatinwon
3EEN CONTINUOUSLY PUBLISHED IN SAID 3R0'WARD/PALM o,CrPpauingrle°m°a"toodo nur Ih&Iainewe;etne ; ee
COUNTY, FLORIDA, =ACH DAY, nND NAS tfEEN .iNTIRED ABn°oawden cunnon hich 1"° °Peal ie to 6 testimony bats.
CLASS '•1ATTER AT THE P3ST OFFICE IN FORT LAUDERDAIJsmile T>ro°Cg""i`�°" rAamn. Ant.
9ROaARD COUNTY, FLJ.iIDA, FOR A PERIOD OF ONE YEAR NEXT --
'RECZDr415 THE FIRST O1UFL:CATION OF THE ATTACHED CCPY OF
ADVEP.TIS=iMFNT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS
!!EITHER PAID NOR PROMISED ANY 'ERSON, FIRM OR CORFORATICN
ANY DISC:JNT, 1E9ATE, COVOIL•SION OR REFUND FOR THE PURPCSE
OF SEC'J:RIN6 THIJ ADV�RTISEIsENT FOR PU3LA'CATION IN SAID
!;EnSPA?E?
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L -t7AT'JRE ?F AFF:ANT)
OWORN TO AND SU5SCRI3ED ?EFORE dE
THIS 02 DAY OF JANUARY
A.D. 1992
( SIu11ATUPE OF ;1aTARY PU.3LIC)ira
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(i.AME OF• gOTARY•TYPED,•?RIME JR STAMP:D)
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DCOTA DEVELOPMENT COMPANY
Construction Office
280 Bryan Road Dania. Florida 33004
Tel.9541929-0555 Fax 9541929-0455
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 are 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 have 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
SSIck
cc. Jim Danto,President
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