HomeMy WebLinkAboutR-2011-078 - Approved request from John Bartley to Allow Outdoor Vehicle Storage at 4601 SW 44 Ave - Dan's Deals on Wheels Auto Transport & Sale, LLC RESOLUTION NO. 2011-078
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JOHN
BARTLEY, REPRESENTING THE PROPERTY OWNER, DAN'S DEALS ON
WHEELS AUTO TRANSPORT AND SALE,LLC,FOR A SPECIAL EXCEPTION
USE TO ALLOW OUTDOOR VEHICLE STORAGE ON PROPERTY LOCATED
AT 4601 SW 44TH AVENUE IN DANIA BEACH,FLORIDA,LOCATED IN AN
INDUSTRIAL GENERAL ("I-G") ZONING DISTRICT; PROVIDING FOR
CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Dania Beach Unified Land Development Code Section,630-50 states that
Special Exceptions may be granted when:
(1) the use is permitted as a special exception use as set forth in the use regulations of
Part 1 of this code;
(2) the use will not cause a detrimental impact to the value of existing contiguous uses,
uses in the general area, and to the zoning district where it is to be located;
(3) the use will be compatible with the existing uses on contiguous property with uses in
the general area and 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) adequate landscaping and screening are provided to buffer adjacent uses from
potential incompatibilities;
(5) adequate parking and loading are provided,and ingress and egress are so designed so
as to cause minimum interference with traffic on abutting streets;
(6) 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;
(7) 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;
(8) 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;
(9) the use will not have a detrimental effect on the future development of contiguous
properties or the general area, according to the comprehensive plan;
(10) 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, direction or character;
(11) the use will not overburden existing public services and facilities; and
WHEREAS, applicant, John Bartley, representing the property owner, Dan's Deals on
Wheels Auto Transport and Sales,LLC has applied for a special exception to allow outdoor vehicle
storage within the(Industrial General) "I-G"Zoning District for property located at 4601 SW 44t'
Avenue in the City of Dania Beach; and
WHEREAS,the Dania Beach Unified Land Development Code Section, 115-40 states that
Special Exceptions may be granted for"interim overnight parking for passenger vehicles and tractor
trailers", subject to the following conditions:
1) Onsite parking and storage of vehicles shall not be visible from right-of-way;
2) Use shall not be permitted within the Community Redevelopment Area;
3) A five foot(5')wide perimeter landscaped buffer shall be required on all sides of
the property;
4) Use must be separated from any arterial roadway by a minimum of 500 feet;and
5) Outdoor activities and movement of vehicles shall be permitted only between the
hours from 7:00 a.m.to 7:00 p.m.; and
WHEREAS,the Community Development staff reviewed this request and recommends that
the City Commission grant the special exception request with additional staff conditions:
6) a five foot landscape buffer is installed; and
7) a sunset period of five (5) years is placed on the approval, consistent with the
Dania Beach West Side Master Plan, which addresses Marine Uses in this
location, such that the permission granted by this Resolution will expire at the
end of five(5)years unless the City staff recommends an extension of the term
and the City Commission agrees to such an extension;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That that certain application SE-10-11, for a special exception to allow
outdoor vehicle storage in the(Industrial General)"I-G"Zoning District,for property located at 4601
SW 44t'Avenue in Dania Beach, a copy of which application is attached and made a part of and
2 RESOLUTION#2011-078
incorporated into this Resolution by this reference as Exhibit"A", is approved with the following
conditions:
1) Outdoor activities and movement of vehicles shall be permitted only between
the hours from 7.00 a.m. to 7.00 p.m.;
2) A five foot landscape space buffer is permitted and installed;
3) A sunset (expiration) period of five (S) years is placed on this approval,
consistent with the Dania Beach West Side Master Plan, which addresses
Marine Uses in this location, which period may only be extended if City Staff
recommends an extension of the term and the City Commission agrees to such
an extension.
Section 2. This approval shall automatically expire and become null and void unless all
development permit applications and construction drawings (if applicable) that are necessary to
establish the special exception use are submitted within twelve (12) months of City Commission
approval, the applicant obtains all necessary development permits (including payment of all fees)
within eighteen(18)months of City Commission approval and that all development permits remain
valid until the project is completed subject to the conditions set forth above.
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 9, 2011.
ATTEST:
o4
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
'S FI�rC'�
APPROVED AS TO O AND CORRECTNESS:
� , 1
(
THO J. SB let.
CITY ATTORNEY
3 RESOLUTION#2011-078
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-6805 X3643
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request i 11
❑ Rezoning Date Rec'd:
❑ Site Plan
4 Special Exception Petition No.:
❑ Trafficway Waiver
❑ Variance
❑ 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 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: jAyap Ft. Lauderdale, FL 33316
Lot(s): �Q A
6 k. Subdivision:
Recorded Plat Name:Newmans survey (Plat Book 2 Page 26Public Records
Folio Number(s): 5401-25-01-0550 Legal DescriptionSee Attached
Applicant/Consultant/Legal Representative.(cirde one)Da 's Deals on WheelstAuto _Sales & Transport, ]
Address of Applicant:clo Hagen & HaQen, P.A. 35 1 Griffin Rd. , Ft. Lauderdale, FL 33312
Business Telephone:954-987-0515 Home: Fax954-964-3764
Name of Property Owner:DanIs Deals on Wheels Auto Sales &&Transport, LLC
Address of Property Owner: 5300 South St. Rd. 7, Hollywood, FL 33021
Business Telephone: 954-583-1347 Home: Fax: 954-583-2783
Explanation of Request: See Attached
For Plats please provide proposed Plat Name for Variances please attach Crfteria Statement as per
Article 10.13 of Chapter 28, Zoning Code.
1 ,I
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: 00ernight Storage Proposed Use:Overnight Storage
Is property owned individually, by a corporation, or a joint venture? LLC
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a my authorized officer, have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed b ore me Corporation Name: Danis Deals on Wheels Auto
Sales & ransport, LLU
This�day of_ r�20�
Signature:
By: Jaramillo, Presideug
Date:
(Print Name)
Sign Name of Notary Public (Print Title)
State of( F*ltvvtt�4 ) r
• Yoe le. X. 7 woe
Y10d
Print Nam of Notary Street Address, City, State and Zip Cod �r
Comm -- � - •S0 " /.� `f 7 •tfy- #� VY
Seal: CAN01► � .Telephone No. &Fax No.
mil►�•staaa a tN�, .
• Mr Cnw .t Ira No,►1fa.�01 I
eftwown•If say
t�oaaao Ike*"Mons+ratan waa.
JOINT VENTURE/PARTNERSHIP TARIZED 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/Consultant/Representative)
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 Comm' sion a val, pursuant to Ordinance No. 2005- 40.
�/h�
Applicant Owner s g ture Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This V day of Mro'-'el /X4
Signature:
Date: 3 I
Sign Name of Nota Public (Print ame
State of
Print Nam of Notary Street Address, City, State and Zip Code
Co I .
Sea ,p�pr 7Z:
Telephone No. &Fax No.
• IMt►Cum.E
ca""Wh
Ioe1M Tlno�pA
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) 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. &Fax No.
DAN'S DEALS ON 'WHEELS AUTO TRANSPORT &
SALE LLC.
4601 SW 44TH AVE.
DAN1A, FL 33314
OFFICE(954) 583-1347/FAX(954) 583-2783
VI-1014026
06-16-201 i
City of Dania
To whom it may concern:
I, Daniel Jaramillo give John Bartley at All South Florida Construction
Management Inc., authorization to act as my representative in the variance
of above named property.
Should need any further information, do not hesitate to call me!
Sincerely,
Daniel o
�JIJ
JUNi92011
Planning
0013artment
1
Criteria Statement J U N i 2011
Dan's Deals on Wheels Planning
4601 SW 44 Avenue Department
Dania Beach FL 33314
(1) That the use is permitted as a special exception use as set forth in the use regulations of
Part 1 of this code.
On January 11, 2011 the Dania Beach City Commission approved a Text change to allow
outdoor vehicle storage in the I-G zoning district as a special exception use.
(2) That the use will not cause a detrimental impact to the value of existing contiguous uses in
the general area, and to the zoning district where it is to be located.
The site is located in an industrial area. In fact the entire block is zoned Industrial General
except for the two lots on Griffin Road which are zoned Commercial
(3) That the use will be compatible with the existing uses on contiguous property, with uses in
the general area and 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.
Directly to the east are companies with similar outdoor storage and to the west are mobile
homes. The business Dan's Deals on Wheels has been in the neighborhood for over 11
years, is a good neighbor, always keeping the property neat and clean.
(4) That adequate landscaping and screening are provided to buffer adjacent uses from
potential incompatibilities.
Granting of this special exception use will require the installation of a five foot wide
perimeter landscape buffer on all sides of the property and the parking and storage of
vehicles will not be visible from any right-of way. (See preliminary landscape and site plat
attached)
(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.
The granting of this special exception use will also require that all outdoor activities and
movement of vehicles will only occur between the hours of 7 am and 7 pm. All parking
and loading will be done within the boundaries of the property and will not be visible from
the street.
(6) 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.
There will not be any detrimental environmental impacts on any of the contiguous
properties.
(7) 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 #16
health, safety and welfare of the community.
There have been no complaints that current use has any negative impact on traffic,
parking or the health, safety and welfare of the community.
(8) 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.
The property is approximately 57,750 square feet with two long driveways to
accommodate ingress and egress at the site. The interior of the property has two
structures which are approximately +/- 5,000 square feet each leaving enough open space
to provide adequate circulation of vehicles within the confines of the site. (See preliminary
landscape and site plan and aerial attached)
(9) 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.
Granting of the special exception use will not have a detrimental effect on the future
development. When the text amendment to allow the special exception use was approved
by the City Commission, it was understood that them may be a sunset period of five years
attached to any approvals. (Minutes from January 11, 2011 City Commission attached.)
(10) 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, direction or character.
The use will not as there are similar uses located on Sw 44m Avenue.
(11) That the use will not overburden existing public services and facilities.
There are no public utilities or facilities in this area that will be overburdened by this use.
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