HomeMy WebLinkAboutR-1999-137It
r
7
F
f
h
T
I'
RESOLUTION NO. 137-99
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A
SPECIAL EXCEPTION REQUEST SUBMITTED BY ZEN MIERZWA,
OWNER, AMERICAN OFFSHORE MARINA, FOR PROPERTY LOCATED
AT 1451 OLD GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION
USE TO ALLOW THE PARCEL TO CONTINUE ITS USE AS A DRY STACK
BOAT STORAGE FACILITY IN THE C-3 ZONING DISTRICT, AS
PROVIDED FOR IN CHAPTER 28, ZONING,ARTICLE 4.20 SCHEDULE OF
USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28, Zoning, Article 4, District Regulations, Section 4.10,
Schedules of Regulations provides for dry stack boat storage facilities as a Special
Exception Use In districts zoned C-3; and
WHEREAS, Zen Mierzwa, owner, American Offshore Marina, has applied for a
special exception use to allow the parcel to continue its use as a dry stack boat storage
facility in a C-3 (Commercial) zoning district; and
WHEREAS, the Planning &Zoning Board on June 16, 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 I. That that certain application SE-39-99, for a Special Exception Use
allowing property located at 1451 Old Griffin Rd., to continue its use as a dry stack boat
storage facility, 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 all resolutions or parts of resolutions in conflict with this resolution
1 RESOLUTION NO 137-99
r-
f
4�
r
-r
F
/
are repealed to the extent of such conflict.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 13T" DAY OF JULY„1699.
j - MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
VICE-MAYOR MCELYEA- YES
SHERYL HAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI -YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: / oul
THOMAS J. ANSBRO
CITY ATTORNEY
GAWPFILES\CLIENTS\DANIA\3-CONVERTED\R-SE-39-99 american offshore.doc
07/06/99
2 RESOLUTION NO 137-99
.r
L -
2--
-r
l
'.:F ^ANIA
.00 HEST :ANIA BEACH BOULEVARD
=ANIA, FLORiDA 33004
?05/921-h700
APPL::AT:CN NUMBER 3�5 ./
DATE FILED Y Zf i
APPLICATION FOR SPECIAL EXCEPTION
The unaeto qneacons Detitider the e the
F1or City Commission of the City of Dania,
laa to cons proposea special exception for the
of land described in this application.
parcel(s)
NAME OF APPLICANT: .4meriean Offshore Manne.Inc.
ADDRESS OF APPLICANT: 1451 Old Griffin read.Dania.FL 33004
PROPERTY INTEREST OF APPLICANT: Owner PHONE: (q5q 927.7225
NAME AND ADDRESS OF PROPERTY OWNER ;IF NOT THE APPLICANTI : Some
.ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attached Surv_ S
De=Poon
ZONING CLASSIFICATION: C-3
---�LOT SIZE: I63 acted AREA: 71.114 of
PRESENT USE: Unecw ad. PreyiealvadNauck
'c fotilfN with eswaeted arldn ,
DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND/OR CONSTRUCTION
Reconnrucnon afa dry stack bou dotage fadliN wnuining more than 50 v
web end greeter then 35 fm in overall
height. Secnpn42 to allow 50 foot high building(35 permitted by Codel.
Section 4 2 m allow 140 dry suck slips(30 permitted by CodO
"ST THE NAMES AND ADDRESS OF ANY EXPERTS (FLANNER, ARCHITECT,
ATTORNEY, EDT. :F ANYI :
Kevin M McCabe.PE.PMidwt EDC C0rpontiun 005)858-8100
2250 Samh Dixie Hwv,suite 2,6tiami.Fi 33133
QO E 7CMPLETE THIS PORTION OF THE APPLICATION
O PEgORPA VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT CAREFULLY
REGARD
ACH-NY PROPERTY.
The tc tlodlro questions certa
=ammissi,In and in t0 the criteria upon which the City
Planning and 'onlna Board ,:,Insider
.'cept=tn 4111 cot adverseiy affect -^e cuniic Interest. f a soec:ai
`cneauj .•'aCSe!;n use I10la15pelmltted Specldl 9::CeDtlon use In
egulat
_onlna -0ae. .-C. 0f Dania, :n Artlale 4 of thehe
Propem and renumed use are compatible"th Article 4 of the CiN of Darde City Code.
f
r
r
r
Y
r
�. �escr-be now t^e use .s so designed, :ocatea and proposed to be
coerat:e . hat the heaith, safety, welfare and morals will be
protected.
Height denim.and uaeue compatible wnth existing uses m the neighborhood,
--escr.be how the use will not cause substantial :h7ury to the
value of other property in the neighborhood.
Use consistent wnth artmt slow,use.
a. Show how the use will be compatible with adjoining development
and the intended purpose of the district in which it is to be
located.
UseacommublemEbadjacentseavlpuulandisallowedundapt tZoning,
S. :ndicate how the landscaping and screenin i
required. 4 -s provided as
Perimeta fencing and landscaping are provided in accordance with City Ordinances
o. 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.
Ingrespegess and recendv cons vucied um lane sR in accordance wrath Brvan Road driveway wnneaion. A
vanna"is requested for otrM.narking regwremrnu.
:ndicate how the use conforms with all applicable regulations
governlnq the district where located or if a planned Unit
development, how it conforms with PUD requirements.
Development is compaoble will Zoning and Land Use regulations.
.. Please aad any other comments which may assist r.ne Ctty
:ommisslon aro the Planning and Zoninq Board -n reviewing this
reduest.
Owner is seckmg reasonable use at the properiv in accordance wish curtent use as a dry suck slonuns facility
r
r
n
r
�'OT= %,LL -_GNATURES MUST BE NOTARIZED BY ORDER OF THE CANIA
"T .�MMISSiCN.
Signature of Petitioner
-worn ind suoscribed before me chis__day of
:9
`rotary uolic
Oommission E::pares:
r
FOR USE WHEN PETITIONER IS NOT CWNER OF SUBJECT PROPERTY:
,HIS IS TO CERTIFY THAT ' AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANC AND THAT I HAVE
AUTHORIZED 0 MAKE AND FILE THE
AFORESAID PETITION FOR VARIANCE.
`Sign" ure 'of Owner
S[ Atldress, City, Sate s zip
Telepnone uu,lI
Sworn tO and subscribed before me thi9�yay op/I//yyrr nnnn(� C�
I�/�'L1 l I �cSg�19 —I �,�
—� l'L �� — Commission E:;pires:rr
INota ,y Pub is
BuHle M.Kruse
r _Camiebn*CC 100071
h(1so"OED Npu
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
?laps
Sketcnes
Survev
-ee
r
_at cf Adjacent ;ro oe rty Owners
-4IS =ORM TO BE FILED WITH THE Ci TY OF DANIA'S GROWTH MANAGEMENT
:EPARTMENT.
ACCEPTED 3Y:
f
r,
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board
on June 16, 1999 at 7:30 p.m., and the City Commission on July 13, 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
request, as follows:
SE-39-99 — Special Exception request by Zen Mierzwa, representing American Offshore Marina, for
property located at 1451 Old Griffin Rd., Dania Beach, FL. Mr. Mierzwa is requesting to continue using
this site as a dry stack boat storage facility. The request is allowed as a special exception use in the C-3
zoning district item (4).
VA-40-99 — Variance request Zen Mierzwa, representing American Offshore Marina, for property located
at 1451 Old Griffin Rd., Dania Beach, FL. Mr. Mierzwa is requesting variances from the following City of
Dania Beach Code of Ordinances:
Chapter 28, Zoning, Article 4.20, Special Exception Uses within the C•3 Zoning District (4c) which states
that a dry stack boat storage facility use be allowed but must contain less than 50 vessels and that the
buildings on the site be no higher than 30 feet. The petitioner would like to renovate the existing site for
continued use as a dry stack boat storage facility, and is requesting that the site be allowed to contain 14C
dry stack slips and that the overall heights of the buildings be allowed to remain at 55 feet in height.
Chapter 28, Zoning, Article 6.20, Off Street Parking Requirements, which state that .7 parking spaces are
required per boat slip. The petitioner would like to request that he be allowed to use a calculation of .E
parking spaces per slip in conjunction with the requested use of a dry stack boat storage facility. (See site
plan petition SP-41-99).
Legally Described: Parcel "A", Oceanway Manna, according to the plat thereof, as recorded in plat boot
88, page 1, of the public records of Broward County, Florida, together with a portion of the northeas
quarter of Section 33, Township 50 south, Range 42 east, lying south of Griffin Rd., east of a line 30 fee
east of and parallel with the west line of the east one half of the northeast quarter of said Section 33, nortt
of the Florida Power and Light Company easement as described in official record book 1116, page 451 o
the public records of Broward county and west of the westerly edge of water of the C-10 canal, all more
particularly described as follows: Beginning at the southwest comer of said parcel "A"; thence north 8E
degrees 08 minutes 22 seconds east, 234.38 feet along the south line of said parcel "A" and the easterly
prolongation thereof to the westerly water's edge of the C-10 canal; thence north 01 degrees 00 minute!
27 seconds east, 197.57 feet along said westerly waters edge of the C-10 canal, same being the eas
face of a concrete bulkhead; thence north 42 degrees 27 minutes 45 seconds east, 16.61 feet along sair
waters edge; thence north 09 degrees 30 minutes 00 seconds east, 37.48 feet along said waters edge tc
the southeasterly prolongation of the south line of the maintained right of way of Griffin Road as shown or
miscellaneous map book 7, page 1 of the public records of Broward County; thence north 72 degrees 0!
minutes 29 seconds west, 46.38 feet to said south line of the maintained right of way for Griffin Road
thence the following five courses along said south maintained right of way line, 1. North 72 degrees 01
minutes 29 seconds west, 70.60 feet; 2. North 69 degrees 37 minutes 05 seconds west, 50.83 feet; 3
North 67 degrees 22 minutes 15 seconds west, 50.82 feet; 4. North 65 degrees 24 minutes 37 second:
west, 50.83 feet; 5. North 63 degrees 31 minutes 29 seconds west. 15.47 feet to the aforesaid line lying 3(
feet east of and parallel with the west line of the east one half of the northeast quarter of said section 33
1
VA-99 Annencan Offshore Marine
Published: June 4, 1999
L
f
r-
"f
h
f "
i r
thence south 00 degrees 02 minutes 12 seconds east, 59.81 feet along said parallel line to the arc of a
f non-tangent curve, concave to the northeast, having a radius of 1143.82 feet, (A radial line to said point
bears north 23 degrees 00 minutes 52 seconds east); Thence westerly, southwesterly and southerly along
the arc of said curve through a central angle of 113 degrees 03 minutes 04 seconds, an arc distance of
49.33 feet to the point of tangency being on the west line of aforesaid parcel "A"; thence south 00 degrees
02 minutes 12 seconds east, 248.57 feet along said west line of parcel "A" to the point of beginning. Said
lands lying in the City of Dania, Broward County, Florida, Containing 71,114 square feet, (1.6326 acres),
more or less.
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
Planning Technician
Gc i JRP"n Road "N"
•• T N •,
LATER
i! , N. W. •9 1 � n
FFlCE ° c / u o `
1 n ff ,1
it Pao P, o < �L
/` .NW.
5 �( z
-4 pP�ffS 3;� 'moo
,W 0. ,u9'dry r n •
I CENTER 0 (,o_,°, Z >t
AMEFFS L-{ t�(•I� Ti �vw a
19'3 � l• V �S •" • • m '+ 'd V
Nw a^r sr. E y
N r r r ` 9• �o �/ /� /9
W
4 / /T S
//�� !� 7ni
AT[RWAY)/"��IQ ; �9 ; �/O ; MARINA1129A
ru:'•' T
06.
III C-3 ^pL� � I\/LA(IOERO E OOgI EYE LAL7
I� J Y II ` 1 ' 7 ALAS L/NE C-3�-� si 1
i (I I p} ,� •P.�
1 Q QG �n N.W. 3••rr�`1,
r VA-99 Amenean Offshore Manna
Publuhea: June A,1999
L
4�
7
MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: SE-39-99 American Offshore Marine Special Exception Request
VA-40-99 American offshore Marine Variance Request
SP-41-99 American Offshore Marine Site Plan Approval
Date: July 8, 1999
The applicant is requesting special exception approval for a dry dock storage
facility with 140 dry stack slips and a building height of 52-55+/- feet. The site is
currently utilized as a dry stack facility, which is nonconforming and the applicant,
wishes to demolish the existing structure. The property is zoned C-3 and designated as
commercial on the City of Dania Beach and Broward County land use plans. The use is
consistent with the land use plan designation and the zoning code provided that the
criteria for a special exception are met. The criteria for a special exception are as
follows:
1. That the use is permitted as a special exception use as set forth in the Schedule of Use
Regulations, City of Dania Beach, in Article 4 hereof.
2. That the use will not cause a detrimental impact to the value of existing contiguous uses, to uses in
the general area and to the zoning district where it is to be located.
3. That the use will be compatible with the existing uses on contiguous property, with uses in the
general area and the zoning district where the use is to be located and compatible with the general
character of the area, considering population density, design, scale and orientation of structures to
the area, property values and existing similar uses or zoning;
4. That adequate landscaping and screening are provided as required in the Chapter.
5. That adequate parking and loading is provided and ingress and egress is so designed as to cause
minimum interference with traffic on abutting streets.
6. That the use will be consistent with the existing Comprehensive Plan,
7. That the use will not have a detrimental environmental impact upon contiguous properties and upon
properties located in the general area or an environmental impact inconsistent with the health,
safety and welfare of the community.
Documema
f
Y�-
r
T
-t
/
8 That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking
conditions, and will not result in the generation or creation of traffic inconsistent with the health,
safety and welfare of the community.
9. That the use will not utilize turning movements in relation to its access to public roads or
intersections, or its location in relation to other structures or proposed structures on or near the site
that would be hazardous or a nuisance.
10. That the use will not have a detrimental effect on the future development of contiguous properties
or the general area, according to the Comprehensive Plan,
11. That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors,
dust or physical activities, taking into account existing uses, uses located on contiguous properties,
uses in the general area and the zoning in the vicinity due to its nature, duration, location and
character.
12. That the use will not overburden existing public services and facilities.
13. That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue
and other essential public services.
14. That the use will be consistent with the definition of a special exception 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 set forth elsewhere in the zoning code, or otherwise adopted
by the city commission.
Due to its location, adjacent to the C-10 canal, the site is an appropriate location for a
marina use as it abuts a navigable waterway. A new structure is proposed to replace
the existing steel frame building on the site.
Adjacent zoning designations include:
North: RS-600 East: C-4
South: A-1 West: T-1 and C-3
The building is approximately 260 feet from residential uses north of Dania Cut-off
Canal. The proposed building is 52-55+/- feet in height and exceeds the height
restriction for the proposed use which is 30 feet. The height at the eaves is 52 feet and
at the center of the roof is 55+/- feet. This would require a variance, which is being
considered as petition VA-40-99.
Also, the slip density proposed by the applicant is 140 where 50 boat slips per building
are permitted in accordance with the Special Exception criteria of the C-3 district. This
would also require a variance that has been applied for under VA-40-99. The applicant
has also requested a parking variance.
The special exception approval will allow construction of a new dry dock facility at an
intensity that is similar to the existing structure on the property and also the marina to
the east of the subject site that is owned by the petitioner.
Staff recommends approval of the special exception approval subject to the
.f
d
r�
following:
1. All repair work shall be within fully enclosed areas.
2. Dedicate to the City any land owned between Old Griffin Road and the Dania Cut-off
Canal for future park purposes.
3. Subject to meeting all requirements of site plan approval.
4. Subject to approval of all requested variances.
The current use on the subject site is a dry dock facility. The applicant has plans
to redevelop the site and construct a new dry dock storage facility with 140 dry dock
slips. The current development plans have been submitted to the City and are being
considered as site plan SP-41-99. These development plans require three variances as
follows:
1. A variance from Section 6.21( c) (21), which requires .7 parking spaces per slip plus
one space per each four(4) persons allowed on charter or sightseeing boats to allow
.5 parking spaces per slip.
2. A variance from Section 4.20d, which requires a maximum height of 30 feet for a
marina to allow a marina with a maximum height of 52 feet at the eaves and 54.9
feet at the center of the roof.
3. A variance from Section 4.20d, which requires a maximum of 50 slips per building to
allow 140 slips per building.
This site which is located on a navigable waterway, the C-10 Canal, is an
appropriate location for a dry dock marina. The proposed facility would be
approximately 250 feet from the single-family residential uses north of the Dania Cut-off
Canal. Approval of this variance would facilitate redevelopment of the site in a manner
that is comparable to the existing intensity on the site.
Staff recommends approval of the requested variances.
The applicant is requesting site plan approval to replace the existing steel frame
marina with a new building that will serve as a dry dock facility. The property is zoned
B-3 and designated as Commercial on the City of Dania Beach and Broward County
land use plans. Dry dock facilities are permitted in the B-3 district as a special
exception use. The applicant has submitted a request for special exception approval
and variances that areas required in order for this site plan to be consistent with the City
of Dania Beach Code of Ordinances.
Staff recommends approval of the site plan approval subject to the following:
f
1. The site plan must be revised prior to City Commission approval to reflect a sidewalk
adjacent to the parcel where right of way exists as required by Sec 22-21.
2. Approval of Special Exception 39-99.
3. Approval of Variance VA-40-99.
The site plan as submitted fails to provide for the proper landscape buffer the
frontage adjacent to Bryan Road. Due to the mobile home park across the roadway the
buffer should be a minimum of ten feet. The site plan only shows five feet. Any
approval of the site plan must be subject to the applicant receiving a subsequent
variance for the buffer or amending the site plan to show the required ten feet.
_f
r
7
AGENDA REQUEST FORM
CITY OF DANIA BEACH ^ ^
Date: July 6, 1999 Agenda Item#: • e (/~
Title:
SE-39-99-SPECIAL EXCEPTION -AMERICAN OFFSHORE MARINE 1451 OLD GRIFFIN
ROAD, DANIA BEACH -ZEN MIERZWA
Requested Action:
SPECIAL EXCEPTION REQUEST TO CONTINUE USING THE SITE AS A DRY STACK BOAT
STORAGE FACILITY IN THE C-3 ZONING DISTRICT
Summary Explanation&Background:
Exhibits(List):
RESOLUTION
MEMORANDUM
SPECIAL EXCEPTION APPLICATION
PUBLIC HEARING NOTICE
LOCATION MAP
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 JUNE 16,1999
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
f