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HomeMy WebLinkAboutR-2010-033 John R. Herin JR on behalf of the property owner Patrick Utter representing Shenanigans East side LLC RESOLUTION NO. 2010-033 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JOHN R. HERIN,JR., ESQUIRE, WITH THE FIRM STEARNS, WEAVER, MILLER ON BEHALF OF THE PROPERTY OWNER, PATRICK UTTER, REPRESENTING SHENANIGANS EAST SIDE LLC, FOR A SPECIAL EXCEPTION TO ALLOW INDOOR LIVE ENTERTAINMENT FOR THREE (3) DAYS PER YEAR IN THE TOC-2 (TRANSIT ORIENTED CORRIDOR 2) ZONING DISTRICT, FOR PROPERTY LOCATED AT 1302 SOUTH FEDERAL HIGHWAY, 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 21,"Downtown Transit Oriented Development (TOD) and Transit Oriented Corridor (TOC) Districts", Section 21.18,"Use Table-F-1"provides for permitted,prohibited,special condition and special exception uses in the TOD and TOC zoning districts; and WHEREAS, Patrick Utter, property owner, representing Shenanigans East Side LLC, has applied for a special exception request to allow live entertainment three (3) times per year (New Year's Eve, St. Patrick's Day and the 4'"of July)in the TOC-2(Transit Oriented Corridor 2)zoning district for property located at 1302 South Federal Highway, in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on January 20,2010,recommended that the City Commission grant the special exception and special condition 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-03-10, for a special exception to allow: A) Live entertainment(indoors)three(3)times per year(New Year's Eve, St. Patrick's Day and the 4`s of July); at the Shenanigans Restaurant, located in the TOC-2 (Transit Oriented Corridor 2)zoning district, upon property located at 1302 South Federal Highway 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 subject to the condition that all entertainment and music are conducted inside the buildings. 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 February 23, 2010. 0" C�.t-- ANNE CASTRO o$aaD's FIRS), AYOR-COMMISSIONER ATTEST: ¢s LOUISE STILSON, CMC CITY CLERK APPROVED AS F AND CORRECTNESS THOM SJ. AN O CITY ATTORNEY 2 RESOLUTION #2010-033 �aao's FtasT City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6805 X3643 aasfo y9� General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units n ❑ Land Use Amendment �L� ❑ Plat ❑ Plat Delegation Request ❑ Rezoning JAN 1 1 2010 Date Rec'd: lte Plan special Exception 3 panning Petition No.: 5C- b -1 O ❑ Trafficway Waiver El Variance Department ❑ Roadway Vacation ❑ 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: ag -6g ia & Bqh&j4 b e1C 330N-4 Lot(s): Block: 45 Subdivision: lalI V15 Recorded Plat Name:!! ff N� Folio Number(s):514a O6`C(O()rL Legal De1sccription::� Applicant/Consultan a Re resents ve circle one)..f� 1n K. �QQj laid-1� Address of Applicant: oaw1 - 1� Business Telephone: dome: t r Fax:�V� Name of Property Owner: n� 1����__(( Address of Property Owcnner: Wei 5. 3�T Business Telephone:ga(�J1(�iome: Fax: �� y ��,J�� Explanation of Request:. -a ('wibi 10, �lntftdr-1 Lwda`� For Plats please provide prqA2sed Plat Name Or Variances please attach CNteHa Statement as per'(�� Amide 10.13 of Chapter 26 Zoning Code. [ � V-- Prop. Net Acreage: Gross Acreage: Prop.Square Footage: Y0 Existing Use:,A joamalt Proposed Use: kowmom- Is property owned individually, by a corporation, or a joint venture? N � CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referencece s the ow r of s ject nds described above and that I, as a duly authorized officer, have author ed (Applicanticonsuitant/Representative) to make and file the aforesaid applicaton. Sworn to and subscribed before me Corp ation Name: This SO day of 20-Q G C—. Slgnature: fC&dA L M,-Av Daoe�dnck :� )0 OK 4_ (Print Name) Sign Name of Notary Public (Print Title) State of( ) J�� WIARYPG:i?bif STAT$61Rir OMBA Et_J--�� Q�I151.- I. 1 1!i('�� Print Na L' ,Not@Wenni Stroud Street Address, City, State and Zip Coe V :' aComm ssiou#DD730746 ('iq Comm!Box v OCT.31 2011 "I✓'7 Seal: ormMcn.nrc. Telephone No. &Fax No. 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/ConsultanvRepresentative) to make and file 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, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. I understand that site plan and variance approval automatically expires within 12 months of City Commission approval pursuant to Ordinance No. 2005-040. �I Owner s nature Print Name Date APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of,�20IDL Signatu Date: (9� .� %AA (I(VA. t,,e� Sign Name of Notary Public (Pr nt Name) State of( ) (�b NOTARY PU13UCSTATE OF FIARIDA smd Stroud US Commission ODD730746 Prink g �yarmmoca,mc. Street Ad- dress,City 15 to a� ��pde Commission Expires: '�"}en - (U` ����(� Seal: Telephone No. &Fax No. INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands desalbed above and that I have authorized (Applicant/ConsultanVRepresentative) to make and file the aforesaid application. Sworn to and subscrlbed 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. &Fax No. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. John R. Herin,Jr. 150 West Flogler Street,Suite 2200 Miami,FL 33130 Direct: (305) 789-3427 Fax: (305) 789-2622 rPlanping Emoil; jherin@stearnsweaveccom January 7,2010JAN 1 1 2010 Ms. Corinne Lajoie, Principle Planner City of Dania Beach Community Development Department Department 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Special Exception Application - Shenanigans East Side, LLC ("Applicant"), 1302 South Federal Highway Dania Beach, Florida (the"Property") Dear Ms. Lajoie: This firm represents the Applicant, which is the owner and operator of the restaurant located at 1302 South Federal Highway, Dania Beach, Florida and is requesting a Special Exception Use (Section 21.18 of the City of Dania Code) under the TOC-2 zoning designation(Section 21.17 of the City of Dania Code) to permit live entertainment three times a year (St. Patrick's Day, 41h of July and New Year's Eve). It is the request of the Applicant that this application be placed on the January 20, 2010 Planning and Zoning Board agenda. The Applicant owns the building located immediately to the north of the Property and is operating the two buildings as a single restaurant operation under the name of Shenanigans East Side Pub. In 2008, the City approved and granted a similar special exception for live entertainment from the building located immediately to the north of the Property. The granting of the requested special exception will enable the Applicant to expand the previously approved live entertainment events into the Property. Furthermore, the Property meets the criteria of Section 10.12 of the City of Dania Beach Code(the"Code") as follows: • Live Entertainment is a permitted Special Exception Use (the "Proposed Use") as set forth in the Section 21.18 of the Code, Table F-1, Table of Permitted, Prohibited, Special Condition and Special Exception Uses. • The Proposed Use will not cause a detrimental impact to the value of existing contiguous uses, to uses in general area and to the TOC-2 zoning district. The property located directly to the north of the Property has been granted a special exception use for live entertainment, and the area and zoning district around the Property is commercial in nature with similar restaurant uses as the Property. MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE Ms. Corinne Lajoie, Principle Planner City of Dania Beach Community Development Department January 8,2010 Page 2 • The Proposed Use is compatible with the existing uses on contiguous property, with the uses in the general area, the zoning district where the use is to be located and compatible with the general character of the area, taking into consideration population density, design, scale and orientation of structures to the area,property values and existing similar uses or zoning. The TOC-2 Zoning District is intended to encourage a mix of retail, office, and residential uses in a lively urban setting compatible in scale with the adjacent established residential development (emphasis added). Certainly limited live entertainment on the Property is compatible with the surrounding area and will further the goal of establishing a lively urban setting within the TOC-2 Zoning District. • The existing landscaping on the Property has previously been approved by the City. • Adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. • The Proposed Use is an authorized special exception use in the TOC-2 Zoning District, which is a compatible zoning district with the Property's FLUM designation; and therefore, is consistent with the City's Comprehensive Plan. • The Proposed Use will not result in any development activity on the Property; and thus, 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. • The Proposed Use will not create additional vehicular or pedestrian traffic or parking conditions above those caused by the existing restaurant use on the Property or that caused by the live entertainment events that already take place on the parcel immediately north of the Property. • The Proposed Use will not result in any development activity on the Property and the existing parking lot layout was previously approved by the City. Thus, the Proposed Use will not impact turning movements in relation to the existing restaurant use's turning movements in relation to 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. • The Proposed Use is specifically listed as a permitted use, subject to special exception approval, within the TOC-2 Zoning District; thus, it will not have a detrimental effect on the future development of contiguous properties or the general area. STEARNS WEAVER MILLER WEISSLER ALHADEFF &SITTERS ON.P.A. Ms. Corinne Lajoie, Principle Planner City of Dania Beach Community Development Department January 8, 2010 Page 3 • The Proposed Use is identical to the special exception approval previously granted by the City to the parcel immediately to the north; therefore, the Proposed 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, direction or character. • The Proposed Use will not result in any development activity; thus, there will be no impacts on existing public services and facilities • The Proposed Use will not alter the existing accessibility to the Property currently enjoyed by fire,police, rescue and other essential City public services. • The Proposed Use is use is consistent with the definition of a special exception and meets the standards and criteria of the zoning classification in which it will be located in, and all other requirements for such particular use set forth elsewhere in the Code. Thank you for your consideration to this matter. Please contact me or my paralegal, Penni Stroud, if you have any questions or require additional information. My contact information is above and Penni can be reached by phone at 305.79.3422 or e-mail at pstroud@a,steamsweaver.com. Su erely, n tom' John R. Herin, Jr. JRH/ps Enclosures N139549vl 33573-0007 City of Dwiaaewh.Special Exception STEARNS WEAVER MILLER WEISSLER ALHADEFF &SITTERSON.P.A.