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HomeMy WebLinkAboutR-2009-146 North Trail Special Exception RESOLUTION NO. 2009-146 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY STEPHEN TILBROOK,ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD,LLC FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, DANIA BEACH TO ALLOW SALES, LEASING, DISPLAY AND REPAIR OF RECREATION VEHICLES AS A SPECIAL EXCEPTION IN AN IROM (INDUSTRIAL RESEARCH OFFICE MARINE) ZONING DISTRICT, FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code Chapter 28, "Zoning", Article 18. "Industrial- Research-Office-Marine (IROM)"provides for all permitted and special exception uses within the IROM zoning district; and WHEREAS, the Dania Beach Zoning Code, Chapter 28, "Zoning", Article 18, "District Regulations",provides that"sales,leasing,display,or repair of well maintained,FDOT ready,fully- assembled luxury recreational vehicles in a front, street, side, or rear yard if separated from the adjacent roadways or rights-of-way by landscaping pursuant to the requirements of the Zoning Code and Chapter 26 (Vegetation)of the City Code"are allowed as a special exception use in the IROM zoning district; and WHEREAS,Stephen Tilbrook,Esquire with the firm Shutts&Bowen LLP,representing the property owner, Alan Grosman of 4300 Ravenswood, LLC, has applied for a special exception request to allow the sales, leasing, display and repair of recreation vehicles, for property located at 4310 Ravenswood Road, City of Dania Beach; and WHEREAS,the Planning and Zoning Board on July 15,2009,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 Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application SE-20-09,for a special exception use approval to allow sales, leasing, display and repair of recreation vehicles in the IROM zoning district, for property located at 4310 Ravenswood Road, in the City of Dania Beach, (a copy of which application is attached and made a part of this Resolution as Exhibit "A"), is approved. Section 2. That this approval shall automatically expire and become null and void unless the applicant submits a building permit application and construction drawings within twelve (12) months of City Commission approval and the applicant obtains a building permit(including payment of all fees) within eighteen (18) months from the effective date of this Resolution. 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. PASSED AND ADOPTED on August 11, 2009. ANNE CASTRO YOR-COMMISSIONER ATTEST: �Po�Pnos Fi ST��r LOUISE STILSON, CMC CITY CLERK APPROVED A T ORM AND CORRECTNESS: THOMA J. A RO CITY ATTO EY 2 RESOLUTION #2009-146 �ity of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfl.gov General Development Application O Administrative Variance ❑ Assignment of Flex/Reserve Units Cl Land Use Amendment O Plat r.1t� tie C! Plat Delegation Request ❑ Rezoning I;f I��IAl11y1� Date Redd: 01 v Site Plan tY1C7 t9t!1! O Special Exception MAY 1 0 1009 Petitlon No.: ^ 19 ,09 ❑ Trafflcway Waiver ❑ Variance Pianning 5F-aO-01 ❑ Roadway Vacation L.Department ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY 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 fad 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: 4310 Ravenswood Road, Dania Beach FL Lot(s): Block: Subdivision: Recorded Plat Name: State Paving Plat 146-27 B Parcel A Folio Number(s): 5042 28 14 0010 Legal Description: State Paving Plat 146-27 B Parcel A Applicant/Consultant/ egal Representatl cImle one) Stephen K.Tilbrook, Esq. Address of Applicant: 200 East Broward Blvd, Suite 2100, Fort Lauderdale, FL 33301 Business Telephone: 954-847-3830 Home: Fax: 954-888-3072 Name of Property Owner: 4300 Ravenswood, LLC Address of Property Owner: 12000 Biscayne Blvd, Suite 405 North Miami, FL 33181 Business Telephone: 954-316-3900 Home: Fax: Explanation of Request: Site Plan- Major Revision For Plats pease prov/de proposed Plat Name for VaNanees please attach Crltsda Statement as pe Ar(ide 10.13 of chapter28,Zoning Cade. Prop. Net Acreage: Gross Acreage: 7.58 Prop. Square Footage: 330,209 Existing Use: Office Building Proposed Use: RV Sales Center Is property owned Individually, by a corporation, or a joint venture? Limited Liability Company I understand that site plan and variance approval automatically expires within 12 mo City Commission approval, pursuant to Ordinance No.2005-040. " as se l MY1q1,1q Ap /Owner signature Print Name Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before mfe}nI Applicant/Cons presentative: to This I 1 day of 20J Signature: �pp Date: PW 1 01 _ �¢r•Q �eawrr� Sign Name of Notary Public (Prin N e) State of( IF L ) 00D Q m t.LA a FC. Tint Name of Notary Street Address,City, State and Zip Code 3,4,?)3- ------------ ►S`�a ' ,, -* 9 Telephone No. l Fax No. Beeltllln lkrriMlearM�wln ::,;ny� 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 (Applkant/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: Seal: Telephone No. A Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as -- aa d�ulyy authorized officer, have authorized (Appkant/Consubnt/Represenuiuve) ! JknJ FoO2tSMk AJ to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: 3C)� L�[ . . This t day of QAk 20 6 V Signature: Date: 64i 4W ds&*) J (Print Name) N tA(�Nt P&L Sign ame�Notary ry Public (Print Title)State of( �I N"'-rlo_ ►N �Dluw� y3�� Qftv¢iCt�e� Kd� '�� � Print Name of Notary Street 1A1ddres�s,�Clity, State Gand Zip Code Jd � Comma re5: NAMEMBlItAW -)�`r�_T �` 3-0 Seal: wcasAeagNAroerreeo Telephone No. &Fax No. ExrwEa:Au�.ao.ama sma�A nn m.r Rego uee■wr�+ JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Cansurcant/RepresentatNe) to make and Rle the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, Cty, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. sxvrrrs BOWEN_ LLP LINDA H.SOCOLOW E-MmL ADDRESS: (954)847-3839 Direct Tclephmc IsocoloW@shuas.com (954)888-3072 Direct Facsimile May 18,2009 HAND DELIVERY Corinne Lajoie,Planner City of Dania Beach Florida �pY 10 1009 100 W. Dania Beach Blvd. Dania Beach, FL 33004 planning Re: Special Exception Site Plan Criteria Statement Department Ravenswood-Client-Matter No.30447.0001 Dear Corinne, As you know our firm represents 4300 Ravenswood, LLC, in is application for a major site plan revision and zoning text amendment. The project is located at 4300 Ravenswood Road in Dania Beach and is within the IROM zoning category. Our client is proposing to amend the existing site plan to allow a recreational vehicle sales center. We have also submitted a request for a zoning text amendment to permit the sale of recreational vehicles as a special exception. Special exception uses shall be permitted only upon authorization by the city commission provided that such uses shall be found by the city commission to comply with the requirements under Chapter 28, Section 10.12(f). Accordingly, we comply with the following conditions of approval: (1) That the use is permitted as a special exception use as set forth in the Schedule of Use Regulations,City of Dania Beach. (Once the zoning text amendment is approved) (2) The use is in an industrial zone, directly adjacent to I-95 and several blocks from residential development. Accordingly, this 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) The uses to the north and south are industrial. The uses to the west are commercial and industrial.Accordingly,the proposed use will be compatible with the existing uses on contiguous Corinne Lajoie, Planner • • May 18,2009 Page 2 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) Pursuant to our landscape plans, adequate landscaping and screening will be provided as required. (5) Pursuant to our site plan, adequate parking and loading will be provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. (6) The use will be consistent with the existing Comprehensive Plan. (7) The surrounding uses are industrial and commercial. The adjacent property to the east is I- 95 and the Ft. Lauderdale Airport. As such, the proposed 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. (8) The use will not generate significant traffic and 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) 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) The surrounding properties are currently developed as industrial or commercial use. A recreational vehicle sales center will not have a detrimental effect on the future development of contiguous properties or the general area,according to the Comprehensive Plan. (11) The sale of recreational vehicles 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, direction or character. (12) The use is not expected to create any additional impacts on existing public services and facilities. (13) The use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. (14) The sale of recreational vehicles in the IROM zoning district 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 Corinne Lajoie, Planner May 18,2009 Page 3 particular use set forth elsewhere in the zoning code, or otherwise adopted by the city commission. Thank you for your attention and consideration in this regard, and please contact me if you have other questions or comments on this matter. Sincerely, SHUTTS&BOWEN LLP /"Cta n Linda H. Socolow FTLDOCS 5429493 1