HomeMy WebLinkAboutR-2008-056 Heritage Crystal Clean RESOLUTION NO. 2008-056
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE REQUEST FOR AN APPROVAL OF USE (AA-17-08), SUBMITTED BY
SUSAN P. MOTLEY, ESQUIRE WITH THE LAW FIRM OF RUDEN,
MCCLOSKY, REPRESENTING HERITAGE-CRYSTAL CLEAN, LLC
("CRYSTAL CLEAN") AS TENANTS OF PROPERTY OWNERS MILTON J.
AND PATRICIA WALLACE AND JOSHUA L.AND PATRICIA BECKER D/B/A
PORT EVERGLADES COMMERCIAL TERMINAL, FOR PROPERTY
LOCATED AT 950 ELLER DRIVE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28,"Zoning",of the Code of Ordinances of the City of Dania Beach,
Florida, Article 15.13, "Port Everglades Development District', "Uses permitted where site is
approved",states that the City Commission shall considerthe compatibility of uses which are identified as
hazardous by state or federal legislation, with other uses in the vicinity and the potentially harmful or
dangerous effects of such use on persons and property and
WHEREAS, Susan P. Motley, Esquire, representing Heritage-Crystal Clean, LLC, for
property located at 950 Eller Drive,Dania Beach,has requested Commission approval to operate a
use that involves the storage of substances identified as hazardous, in a PEDD Zoning District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application AA-17-08 dated March 8,2008,for approval of
the requested use, a copy of which is attached and made a part of this Resolution as Exhibit "A", is
approved.
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repealed to the extent of such conflict.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 on April 8, 2008.
9
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO D CORRECTNESS
BY:
T MA J: A B
CITY ATTORNEY
2 RESOLUTION#2008-056
-�_ City of Dania Beach, Florida
f Department Community Development
Planning and Zoning Division
a (954) 924-3645 Phone
www.daniabeachfi.gov
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Pie d Use Amendment LfIY���� V Rt�J -
❑ Plat Delegation Request tll�- ill! tilJll
❑ Rezoning FEB 0 3 2090 Date Rec'd: 3 '�
❑ Site Plan
❑ Special Exception Planning Petition No.:
❑ Trafficway Waiver De artment
❑ Variance p
❑ Roadway Vacation
❑ Extended Hours
® Other: Alooroval of Use for Tenant Heritage-Crystal Clean LLC ("Crystal Clean")
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESSARY 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 fact 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: 950 Eller Drive
Lot(s): N/A Block: N/A Subdivision: N/A
Recorded Plat Name: N/A
Folio Number(s): 5042-23-00-0660 Legal Description: See attached Exhibit A
Applicant/Consultant/Legal Representative (circle one) Susan P. Motle Es .
Address of Applicant: Ruden McClosky 200E Broward Blvd 15"Floor Fort Lauderdale FL 33301
Business Telephone: 954 527 2412 Home: N/A Fax: 954 333 4012
Name of Property Owner: Milton J. and Patricia Wallace and Joshua L. and Patricia Becker
Port Ever I . s C mmer i IT rmin I
Address of Property Owner: 400 North Flaalgr Drive #1902 West Palm Beach FL 33401-4316
Business Telephone: 561 655 5988 Home: N/A Fax: 561 659 1529
Explanation of Request: Approval of use of Property for parts cleaner sales and service along with
coil e tion of containerized industrial waste from customer locations See attached Exhibit B for additional information.
For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per
Article 10.13 of Chapter 28, Zoning Code.
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: SW Bay of 950 Eller Drive Proposed Use: same
Is property owned individually, by a corporation, or a joint venture? partnership
FTL:2573974:1
I understand that site plan and variance approval automatically expires within 12 months
of City Commission approval, pursuant to Ordinance No. 2005-040.
---------------
Applicant/Owner signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATUR
Sworn to and subscribed before me Applicant/Consult t/Re res ative.
This a I day of j" 20 2 8"' Signature:
Date:
Susan P. Motlg Es .
Sign Name of Notary Public (Print Name)
State of
Ruden, McClosky, 15`" Floor
200 E. Broward Blvd. Ft. Lauderdale FL 33301
Print Name of Notary Street Address, City, State and Zip Code
Commission,,) feq� 954 527 2412. 954 333 4012 fax
Seal: = Commission DD 528285 Telephone No. & Fax No.
rag` Expires January 10 2011
P.J rv,.•` 9oMeLTNuT,gFw hwi+ne lOF3flfT019
INDIVIDUAL OWNER NOTARIZED 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)
Icant/Consultant/Representative) to make and
file the aforesaid application.
Sworn to and subscribed before me Owner:
This day of 20— Signature:
Date:
Sign Name of Notary Public (Print Name)"
State of ( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Telephone No. & Fax No.
Seal:
"Each partner must sign. Attach duplicate sheets as required.
FTL:2573874:1
Feb. 27. 200E 5 :22PM No. 21` V r. �
CORPOPI nON NOTARIZED SIGNATURE:
This to .Say that the below referenced=Pon a the owner of PftrAnt lands described else a0ve)
cer, have authorized (aPPfBuitsitttiiepr
that 1, as a duly authorized o make and fie the aforesaid application.
Sworn to and subecrrbed before me
Corporation Name:
This day of�_�— Signature
Date:
(PrW tee)
Sign Name of Notary PUWIc (Print Title)
Stars of( )
print Name of Notary Street Address,City, State and Ztp Gvde
Commission Expires: Telephone No.&Fex No.
Seal.,
JOINT YENTURFJPARTNERSHIP NOTARIZED SIGNATURE: a we She owners of subject
This is to cgrtffy that the below refsrwmd that the duly authorized P uftantiRepresen ti•e)
lands described above and that aft partnsra have Su aPpi
thortzed
to make the five the aforesaid loatr +
Sworn to and subscribed before me Ng
t
This r of 2d l4 n w'1 n�
T Signatu
ERLY G. Z _
' assi �2011 35 Data
IlOP}NOCNY .
FL
(Print Name)"
9v Nam of Publio
S to o1(�1rx(
late and Zip Code
print Name of N ry Street Addres�s�Cit
Carnmission Expires: a \ Telephone No.Fax No.
Seal:
`Each partner must aiyn. Attach duPRcate Sheets 08 rsqu'md.
Broward County Property Appraiser's Network EXHIBIT A
If sou are looking to purchase:his properly,the tax amount
� 3�I � •��I I shown mzy have no relationship is the taxes you will pay
t-' If you are looking to purchase this property and are not using
{Jt'Ci ^[)n FRIT
por:abiliy,to transfer any capped savings,please use our TaxCOUNTYEstimator to determine a more likely estimate of your newamount
' ' if you own a home in Florida,and want to see how much
portability will save you,try our Portability Estimator.
RAT` �i I
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3 00660 0
Site Address 950 ELLER DRIVE ,DANIA BEACH ID# 5042 20412
Property Owner WALLACE,MILTON J& PATRICIA& Millage
BECKER,JOSHUA L&PATRICIA Use 48
Mailing Address 400 N FLAGLER DR APT 1902 WEST PALM BEACH FL
33401-4316
Legal 23-50-42 E3/4 OF N1/2 OF SE1/4 OF SWIA LYING S OF RR R/W LESS S.259&LESS W
Description 175 EXCEPT S 259&LESS PT DESC IN OR 3335/519 &LESS ORS 5313/30,78161473,
8610/634& LESS PT D-SC AS,PAR 127 OF ST RD#862 (I-595)
Property Assessment Values
Year Land Building Land Value AG Just Value Tax
Current $624,ODO $490,670 $1,114,670
2007 $624,000 $490,670 $1,114,670 $26,846.96
2006 I $624,000 1 $440,uuv $1,070,060 $26,94D,53
Assessed/ Exemptions
SOH Value Type Wid/Vet/Dis 1st Homestead 2nd Homestead Non-Exempt
$1,114,670
$1,114,670
$1,114,670 2007 Assessed/SOH Value
$1,070,060 2006 Assessed I SOH Value
Sales History Land Calculations
Date Type Price Book Page Price Factor Type
3948 541 $7.50 82,800 SF
$7.50 400 OA
AdJ. Bldg. S.F. 30000
Eff.Year Built 1915
Special Assessments
improvement Safe
Fire Garbage Light Drainage Im P
04 DS
W DS
30000 90.2
Please Note:ASSe55ed values shown.are NOT certified values and are
subject to change oeiere feral certification forad valorem tax purposes.
(1 OF 2)
_ �. n_,:__cne��Znnr-Ir 2/25/2008
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FEB 0 3 2008
Criteria Statement Planning
Department
Pursuant to City of Dania Beach Zoning Code, Section 15.13, whenever an
application is made for a building permit for a site in a PEDD District to erect any
building or improvement involving substances which are identified as hazardous by state
or federal legislation, a building permit is not to be issued until the use of the site has
been approved by a resolution of the City Commission, after written reports by the City
and Port fire departments as well as any other governmental agency having jurisdiction.
The City Attorney's office has determined that the Crystal Clean operation, although
located in an existing building and without any complaints since the commencement of
the use in 2006,must be approved by the City Commission.
Code Section 15.13 states that in considering whether to approve such uses, the
City Commission shall consider its compatibility with other uses in the vicinity and the
potentially harmful or dangerous effects of such use on persons and property. Crystal
Clean is located in an industrial area with surrounding uses typical of industrial areas.
Directly adjacent is a facility named Discovery Express which packages household goods
for shipment by boat to the Bahamas. South of the Crystal Clean building is a bag
manufacturer, a boat business and a branch office of the Department of Homeland
Security.
Please see Exhibit B attached to the Application which describes in more detail
Crystal Clean's safe business operation. No combustibles, flammables or corrosives are
stored in the building. None of the waste containers is ever opened nor are any materials
consolidated on site. Crystal Clean is in compliance with all applicable governmental
regulations. With Crystal Clean's type of business operation, and its location in an
industrial area of Port Everglades not near any residential areas, it meets the City Code
criteria for approval of this use of the property. We request the City Commission
approve Crystal Clean's use.
FTL:2579340:1
Exhibit`B" (1 of 1) FEB 0 3 2000
Planning
Department
Heritage-Crystal Clean ("Crystal Clean") is an environmental services company
with 65 branches throughout the United States. Crystal Clean provides customers with
parts cleaner units, services these units and, additionally, collects from customers
industrial waste in approved DOT containers. The company specializes in providing
services to smaller businesses. It has a fleet of small route trucks that deliver parts
cleaners and cleaning solutions to customers and collects used solvents and cleaner, along
with other containerized industrial wastes (i.e., paints, coatings, solvents, used oil, light
bulbs, etc.). These containerized wastes are brought back to the local branch in the late
afternoon and transferred directly that same day from the route trucks into a storage
trailer parked on site.
Importantly, Crystal Clean's transfer facility does not use or treat any of the
cleaning solutions. No waste containers are ever opened at the branch, nor is any
material consolidated: The storage trailers a maximum of two on-site at any one time)
do not remain on site for any more than 10 days when they are transported to one of the
company's s distribution hubs. Trailers delivering cleaning supplies are emptied and
p
become the storage trailers for containerized wastes. There is a small warehouse with
office for the sales personnel and to store supplies.
Broward County's Environmental Protection Department ("EPD") has requested
Crystal Clean obtain a letter of zoning conformance from the City of Dania Beach as part
of an application for a transfer facility license from EPD. The City Attorney's office has
determined'that even though Crystal Clean has been located at 950 Eller Drive with no
issues since 2006 (when it obtained its first occupational license from the City), it must
process this approval because uses involving hazardous substances are not pemutted of
right in the applicable PEDD zoning district. Therefore, we are requesting approval by
the City Commission so that the City can issue the zoning letter requested by EPD.
FTL2573067:1