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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 4T" 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RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE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 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
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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are repealed to the extent of such conflict.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" DAY'&_�j E, 1999.
h
AYOR-COMMISSIONER
ATTEST: ROLL CALL:
f MAYOR BERTINO - YES
f ^ 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: I''
THOMAS Y 41SIBRO
CITY ATTORNEY
2 RESOLUTION NO. 115 -99
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Apr 21 99 03: OOp Louann Cunningham (954) 3222667 p. 4
CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700 ^y
APPLICATION NUMBER SE- .7�� OATS FILED V'�/_q /
APPLICATION FOR SPECIAL EXCEPTION
The undersigned petitions the City Commission of the City of Dania,
Florida to consider the proposed special exception for the parcel (s)
of land described in this application.
NAME OF APPLICANT: American Cranes Inc.
ADDRESS OF APPLICANT: 720 S.W. 4th Court, Dania, FL PHONE• 954.921 . 1171
PROPERTY INTEREST OF APPLICANT• owner
NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE APPLICANT) :
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 720 S.W. 4th Court
Dania, FL 33004: Lots S through 10 Block I First Addition College Tract
Plat Book 22, Page 10
ZONING CLASSIFICATION: TR LOT SIZE: irZ_AREA: 41 , 160.92 sq
PRESENT USE.- Assembly and light fahriratinn of materI.Als
DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND/OR CONSTRUCTION
Agcpm`h1V And light fahrirahinn of far' lv in rnni1=!Qn lit}1
Proposed addition to existing building_
Cp4• •3fr Zou. /l2nue 20 12 20 ( ,uG l v) s� LF rA-8 o F Mal,
LIST THE NAMES AND ADORESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, E:CT. IF ANY) : Wil1l1iam R. Tucker, Esq. 735 N.E. 3rd Ave. Ft.
Lauderdale, FL 33304 954.�453.4500
Randall Kollar oqq Fagl- naklanrl P rk Rltd FT Laliciprdale, FL 959 566.871 '
Kim Zimmerman Architect 1314 E. Las Olas #102 Ft. Lauderdale, FL
22. 6648
PLEASE THISREQUEST FOR A COMPLETE VARIANCE USTI ON STAND ONH ITS OWNC ER TATION S WITHOUTL REGARD EACH
To
ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a spacial
exception will not adversely affect the public interest.
1 . Indicate t`:at the use is a permitted special exception use in the
schedule of use regulations, City of Dania, in Article 4 of the
zoning code.
SEP F.YHTRTT "A" ATTACHED jjERETO.
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Rpr 21 99 03: 04p Louann Cunningham (954) 3222687 p. 5 I
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.
SEM, EXHIBIT n
A" ATTAr14FQ HERETO.
3. Describe how the use will not cause substantial injury to the
value of other property in the neighborhood.
-qFP EXHIBIT n
A" ATTACHED HEBE-M.
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 .
l ETO
5. Indicate how the landscaping and screening is provided as
required.
SEE EXHIBIT "A" ATTACHED HERETO.
6. Describe how adequate of£-street parking and loading is provided
and that ingress and egress is so designed to cause minimum
interference with traffic on abutting street.
E E HIBIT "A" ATTACHED HERETO.
7. 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.
" e —
e. Please add any other comments which may assist the City
Commission and the Planning and Zoning Board in rev
request. iewing this
SEE EXHIBIT "A" ATTACHED HERETO.
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Apr 21 99 O3: O7p Louann Cunningham (9541 9222887 p. B
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION.
Signature of PettioneF ` f
Swo2oasubscribed before me this ZLday of lII 19 f
Commission Expires:
N tary Public
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 g77nature of Ownec
: -.i' ;_ tMlAam D.Tucker (.-rJr�/h. t MY COMMISSION a CC658238 EXPIRES Q" 4 fL 730
June 23,2001 otceet Aaoresa, City, Mate 6 Z p
,..,, 'QNX0 TNRUTROY FAIN IMUR,,CE.UC. ` Y I . 9 -L I - I) 7
/ /
Telephone v,
Sworn t and subscribed before me this l(_day of / , 19 (r
IMIUam D.Tucker
Commission Expi MY COMMISSION a CC858238 EXPIRES
Not a y FAutzkl c June 23,2001
�{,°:.�;j�'"' nOHOFD MIYJ in4f/AMIWUMNCF,INC.
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey_ Fee
List of Adjacent Property Ownecs
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
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EXHIBIT "A"
TO APPLICATION FOR SPECIAL EXCEPTION USE
BY AMERICAN CRANE, INC.
Applicant American Cranes, Inc.
Property Address 720 SW 4" Court, Dania. FL 33004
Tax Folio Numbers 51-41-03-35-0210 and 51-41-03-35-0190
I. 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
zonin u code designation IR The property is currently being used for this pumose and was being
used as such prior to the enactment of Chapter 4.
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.
The proposed use is the same as the current use The current use has been operated in
such a way as to protect the health safety, welfare and morals The proposed use will be the
same and in fact the proposed improvements will enhance health, safety, welfare and morals
Please refer to the site plan,paving and drainage planes, and the landscape 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 neiehborhood property values. The proposed improvements to the
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property that necessitated this application for Special use exception will in tact improve property
values. The recently vacated dirt and gravel roadway has lonQ been a dumping ground for refuse
and the proposed improvements will prevent this in the future because of the proposed will
Applicant 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.
5. Indicate how the landscaping and screening is provided as required.
Please refer to the landscape Plans submitted in connection with the application for site
plan approval.
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
7. 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 Applicant has been operating this business within the confines of all
applicable regulations governing the district where the nrn2ertv is located.
S. Please add any other comments which may assist the City Commission and the Planning
Zoning Board in reviewing this request.
Page 2 of 3
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This special use exception application is prompted by Applicant's need to construct an
addition to its crane and hoist assembly facility. The current use was erandfathered in so
lthoug,h the current use is the same as the proposed use pursuant to Section 4-20(a)a_special
use exception must be approved for the proposed addition..
JAmhs - variance\exhibit A to application for special exception.wpd
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CITY OF DANIA BEACII
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board
on May 19, 1999 at 7:30 p.m., and the City Commission on June 8, 1999 at 7:30 p.m., or as soon
thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach
Blvd., Dania Beach, Florida 33004, for the purpose of hearing any objections which might be made to a
special exception or variance request, as follows:
SE-35-99 — Special Exception request by Ronald G. Fontes & Stacy L. Fontes owners of American
Cranes, Inc., for property located at 720 SW 4'" Ct.. Mr. & Mrs. Fontes are requesting the continued
use of the property for assembly and light fabrication of materials in an I-R (Restricted Industrial)
zoning district as a special exception use.
VA-36-99—Variance request by Ronald G. Fontes & Stacy L. Fontes owners of American Cranes, Inc.,
for property located at 720 SW 4th Ct.. Mr. & Mrs. Fontes are requesting variances from the following
City of Dania Beach Code of Ordinances:
Chapter 28, Zoning, Article 4, Schedule of Lot, Yard and Bulk Regulations which would provide relief from
the 30'front yard setback requirement by allowing him to utilize a V front yard setback;
Chapter 26 Vegetation, Article IV, Landscaping, Section 26-50(a) which would provide relief from the
required 10' landscape buffer, and allow the proposed placement of landscaping in mitigation on the East
FEC right of way easement. Section 26-50(b)(1) which would provide relief from installing a 6' masonry
wall, and allow an 8' masonry wall in its place.
These variances are in conjunction with the proposed construction of a 736 sq. ft. warehouse area and a
4,750 sq, ft. assemblage area. (Petition SP-37-99).
Legally described as follows: 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
4 1h 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 71" St. (50 foot right
of way); bounded on the east by the easterly line of said railroad alley (SW 4" Ct); bounded on th
south by the easterly extension of the north right of way line of SW 91" St. (50 foot ri e
bounded on the west by the westerly line of railroad alley (SW 4'" Ct), also being the easterly line ght of wage
);
said block 3. of
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 Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dania
Beach, FL 33004, (954) 921-8700 ext. 202, 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 Location Map on back
Planning Technician
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/ AGENDA REQUEST FORM
Date: 06/01/99 g
CITY OF DANIA BEACH
A ends Item#: 56 (o
Title:
SPECIAL EXCEPTION-SE-35-99-RONALD AND STACEY FONTES, AMERICAN CRANES,
INC./MATERIAL HANDLING
Requested Action:
PUBLIC HEARING-SPECIAL EXCEPTION REQUEST FOR PROPERTY LOCATED AT 720
SW 4T"CT., TO CONTINUE THE USE OF THE PROPERTY FOR ASSEMBLY AND LIGHT
FABRICATION OF MATERIALS IN AN I-R(RESTRICTED INDUSTRIAL)ZONING DISTRICT AS
A SPECIAL EXCEPTION USE.
Summary Explanation& Background:
IN CONJUCTION WITH VARIANCE VA-36-99 AND SITE PLAN SP-37-99
Exhibits(List):
RESOLUTION
MEMORANDUM FROM TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
LOCATION MAP
APPLICATION
Purchasing Approval:
Prepared By:
TERRY L.VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 6119199
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
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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 4th 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 with 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 41h 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 41h 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 all 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 41h Avenue.
The third variance is to the height and location of the masonry wall. 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 applicant's
property. He is requesting the additional height along this side of the property to minimize the
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/ potential for vandalism. The additional height will also further screen the applicant's property
from the residences located to the east of SW 41"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 all residentially zoned or used properties. There are residential properties
located adjacent to this site at the SW and NW corners 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 line 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.
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