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Home My WebLink AboutR-1999-010 r 7 i _f 4�- r, / RESOLUTION NO. 10-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. / PUBLIX SHOPPING CENTER, FOR PROPERTY LOCATED ALONG GRIFFIN ROAD AND SW 315T AVENUE, ALSO KNOWN AS THE BANYAN OAKRIDGE COMMERCIAL PLAT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City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 Herb Green, Project Engineer for Avid Engineering, Inc., representing Mark Sheldon of Regal Ventures, Inc. /Publix Shopping Center, has applied for site plan approval for a Publix Shopping Center along Griffin Rd. and SW 31"Avenue, Dania Beach, also known as The Banyan Oakridge Commercial Plat; and WHEREAS, the Planning & Zoning Board on November 16, 1998, recommended that the City Commission grant the site plan request (SP-49-98), 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: RESOLUTION NO. 10-99 r. ti_ r 7 i Y Section 1. That that certain application (SP-49-98) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved and the appropriate city officials are directed to execute same. 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 the petitioner, Herb Green, Project Engineer for Avid Engineering, Inc., representing Mark Sheldon of Regal Ventures, Inc./ Publix Shopping Center, agrees to the following conditions to the Site Plan: a) The petitioner agrees to build a bus pickup facility for school children, in place of a truck turn around area, upon residents obtaining approval from Broward County School Board; b) The City of Dania Beach agrees that truck delivery can take place between the hours of 7:00 a.m. to 7:00 p.m.; c) The petitioner will install appropriate "Exit Only"signs directing trucks; d) The petitioner agrees to substitute Royal Palm Trees (RE3) wherever Wax Myrtle Trees (LJ3) are designated on the landscaping plan; 2 RESOLUTION NO. 10-99 l f 1 � h %I I e) The City of Dania Beach agrees to assist petitioner in locating Royal Palm Trees at a reasonable cost. Section 4. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 121b DAY OF JANUARY, 1999. ATTEST: / \ MARIE JABA EE JIM CALI CITY CLERK MAYOR-COMMISSIONER ROLL CALL: MAYOR CALI - YES APPROVED AS TO FORM AND VICE-MAYOR ETLING-YES CORRECTNESS COMMISSIONER BERTINO-YES n, COMMISSIONER HYDE -YES I�J� COMMISSIONER MIKES-YES THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION NO. 10-99 s- r �r— r ' r 7 r' MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: SP-49-98 Publix Store Site Plan Date: January 4, 1999 A request has been made for the approval of two variances and a site plan in order to allow the construction of a Publix Store at SW 315` Avenue and Griffin Road. The applicant is seeking a variance from the landscape requirements for a six-foot wall and relief from the design requirements, which call for a pitched roof on the structure. The site is just less than five (5) acres in area and is located immediately north of the Oak Bridge townhouse development. The location is further defined as immediately south of Griffin Road and immediately west of SW 31s'Avenue. The first variance involves the landscaping along the south property line. The Code requires a ten-foot wide strip with the inclusion of a masonry wall or solid fence. The Oak Bridge complex to the south has constructed a masonry wall along the common property line. In fact, the applicant argues that it is actually constructed upon his property. The applicant is requesting relief from this requirement as a second wall would be duplicative and would cause unnecessary maintenance problems. Staff suggests that this request meet the necessary tests and should be approved. The second request is for relief from the City's commercial design guidelines. Buildings such as are proposed at this location are required to have pitched roofs. The applicant is requesting that this requirement be waived and that they be allowed to use parapets to basically hide cooling equipment placed upon the roofs. In the case of the Publix store there is some token effort to create the appearance of portions of the roof being pitched. Staff recommended and the Planning and Zoning Board concurred that the parapets should be continued along the entire walls they are shown upon and continue around the corners. The applicant indicated that they would agree to this requirement and the modified plans do this. The site plan for the most part meets the minimum requirements of the City Code. Sidewalks have been included along SW 315t Avenue. Also the landscape plan seems to show only the minimum of vegetative material along the south property line. If the project were required to place the wall ordinarily required it would have to landscape both sides of it. The applicant may wish to point out to the City Commission how they best can address this situation. f ;t_ r, n y r RECOMMENDATION The Planning and Zoning Board recommends that the variance for the request for the roof be granted if the parapet roof line is continued for the entire length of the walls for which it shown and wrap the corners. The variance for the wall would preclude the construction of a redundancy and the creation of a maintenance problem. The Planning and Zoning Board recommends that this request also be granted. Their recommendations are conditioned on the store only accepting deliveries between 8:30 am until 10:00 pm. They are also recommending that the site plan be approved. Since the last City Commission meeting on this subject, the applicant has further modified his site plan to shift the building to the southeastern portion of the site and flip his building layout. This was done to move the building away from the entrance to t Oak Bridge development. In doing so, the applicant is continuing to seek the varianc he es y, t cited above and the recommendation remains one of approval. Additionallhe applicant should be apprised of the fact that his signage will have to comply with the City's recently enacted sign code. t C Q f 7 r CITY OF DANIA (00 WEST DANIA BEAC11 BOULEVARD DANIA, FI.ORIUA 33004 �// 305/921-9700 APPLICATION NUMBER " A—k(8 ' 99r S Q '� 9� c, 8/ DATE FILED APPLICATION FOR VARIANCE The undersigned pet(Elons Lite City Commission of the City Florida to consider the variance of Elie parcel(s) of land Lhis application. of Dania, described In NAME OF APPLICANTt Herb Green, Avid Engineerin 9r Inc. ADDRESS OF APPLICANT17575 Dr. Phillips N245 Orl, FL. PROPERTY INTEREST OF APPLICANTS Project Engineer P(fONEtf 407) 248-0' NAME AND ADDRESS OF PROPERTY OWNER (IF NOT TIIE APPLICANT),Mark Sheldon Re al Ventures, Inc., 2454 McMullen Booth Rd., Eld. 8, N409, Clearwater ADDRESS AND LEGAL DESCRIPTION OF SUBJECT Y a see 33' survey for legal descrf tlon and site plan f3r location map, ' ZONING CLASSIFICATION1 DB-3 PRESENT USE.' Vacant LOT SIZEt AREAL 214, 013 DESCRIp'riON OF 'CITE VARIANCF,(S) REQUESTEDI Use thexistin e g six foot high masonary wall to satisfy the required wall between residential area. LIST 311E NAMES AND ADDRESS OF AN ATTORNEY, ECT. IF ANY); Y EXPERTS (PLANNER, ARCHITECT, N/A ANPLEASE COMPLETE THIS ANY DINER PROPERTY, PORT YUE ION OF THE APPLICATION CAREFULLY. EACI1 FOR A VARIANCE MUST ION ON ITS OWN MERITS WITHOUT REGARD TO A The following questions pertain to the criteria upon Commission and Planning and Zoning Board consider if a not he contrary to the P wltLch the City condltlons, a literal the Interest where variance will will result a liralenforcementElie z owing to special unnecessary and undue hardship, the of the zoning code l Describe how special conditions and circumstances exist which are Peculiar to Life landt structure or building involved and which are not applicable to outer lands, structures or buildings In the same zoning district. There exists a 6' CMU wall between this project and the residential area. r, 1` 7 1 / 2. Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. The wall is existing. 1. 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. The wall would satisfy the requirement of need 6' wall buffer to residential areas. 4. Provide evidence that the literal interpreta/on of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in tite same zoning district and would work unnecessary and undue hardship on the applicant. The applicant should be allowed to make good use of existing facilities. 5. Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. N/A 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 other- wise detrimental to the public welfare. There is familiarity of the existing wall and to continue its use would be least impactive. 7. Please add any other comments which may assist the City commission and the Planning and Zoning Board in reviewing this request. None NOTE: ALL SIGNATURES MUST BE NOTARIZED BY DER THE DANIA CITY COMMISSION. J S na r Pe t oyner/ sworn to and subscribedbefore me this M l*day of S/ /P ber 19 9? C.i commission expires: iJotary Pul)1 c ' +, ANORFJIL SURON y S2 FlalEsl Wexm.Em.wanz>oo Ca focsbm f L _ r CITY OF DANIA 4 100 WEST DANIA BEACII BOULEVARD DANIA, FLORIDA 33004 305/921-0700 APPLICATION NUMBER--v��-9s , DATE FILED APPLICATION FOR VARIANCE The undersigned petitions Lhe City Commission of the City of Dania, Florida to consider the variance of the parcel(s) of land described In this application. NAME OF APPLICANT:Herb Green- Avid Engineering, Inc. ADDRESS OF APPLICANTt7575 Dr. Phillips #245 Orl. FL PHONE, (407) 248-0 PROPERTY INTEREST OF APPLICANT:Project Enigneer NAME AND ADDRESS OF PROPERTY OWNER (IF NOT TIIE APPLICANT),Mark Sheldon Regal Ventures, Inc., 2454 McMullen Booth Rd., Bld, B 9409, Clearwater ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: Please see survey for legal description and site 3' Plan for location map. ZONING CLASSIFICATION: DS-3 ---- _LOT SIZES ARM214, 013 s PRESENT USE: Vacant DESCRIP'r1ON OF THE VARIANCES) REQUESTED: Parrapet roofs in lieu of Peak roofs. LIST TIIE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCIIITECT, ATTORNEY, ECT. IF ANY); Project Architect, Fisher and Associates, Inc. (813)443-4436 Bill Fisher PLEASE COMPLETE THIS PORTION OF TIIE 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 variance will not be contrary to the public Interest where, owing to special conditions, a literal enforcement of tl,e zoning of the zoning will result In unnecessary and undue hardship. code I. Describe how special conditions and circumstances exist which are Peculiar to tl,e land, structure or building involved and which are not applicable other lands, zoning district.. structures or buildings In the name The propsed buildings require compressors, motors, and fans to be placed atop the roof for refrigeration. 4- t r 1 2. Provide evidence that Lite special conditions and circumstances do not result from the actions of the applicant. The refrigeration requirement has no reflection to the applicant! actions. 1. 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. The applicant seeks variance to build parrapet roof and hide the roof equiptment, therefore no special priviledge would be perceiv, 4. Provide evidence that the literal interpretalon 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. The fire code limits motors, comressors, etc, within enclosed roofs, and to construct additional buildings would be space and cost prohibitive. 5. Describe how the requested variance is the minimum variance that will make possible Lite reasonable use of the land, building or structure. The most effective location for this equiptment would be the roof and it would be unreasonable to construct additional enclosure buildings to locate this equiptment. 6. Explain how the grant of the varlance(sl 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 other- wise detrimental to the public welfare, The proposed parrapet roof would allow the buildings to hide the equptment and maintain building aesthetics. 7. Please add any other comments which may assist the City Commission and the Planning and Zoning Board In reviewing this request. None NOTE! ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF IE DANIA CITY COMMISSION. g re o e t ones-- Sworn to and subscribed before me thls� day of 5f t,nkr 19 9 Y "I- Commission Expires! Notary Public ANDREA L sUirON rim.�n¢AU f r "i FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY: TIIIS IS TO CERTIFY TRAP I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVEAFORESFORES AID A IZED TO MAKE AND FILE THE PETlTlON FOR VARIANCE. S gnature of owner Street Address, C ty, State 6 Z I Te phone Sworn to and subscribed before me this day of l9 Notary Publ c Commission Expires: 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 OROWTII MANAGEMENTDEPARTMENT. ACCEPTED BY: L- ... f L .�