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HomeMy WebLinkAboutR-2013-149 Approved the Site Plan & Variance Request for The Holocaust Documentation and Education Center, Inc. at 303 North Federal Highway RESOLUTION NO. 2013-149 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN(SP-46-13)AND VARIANCE (VA-50-13),SUBMITTED BY MERRILL ROMANIK WITH THE SYNALOVSKI, ROMANIK, SAYE FIRM ON BEHALF OF THE HOLOCAUST DOCUMENTATION AND EDUCATION CENTER, INC. FOR PROPERTY LOCATED AT 303 NORTH FEDERAL HIGHWAY IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Part 6 of the Dania Beach Land Development Code ("LDC"), Article 635, entitled "Development Review Procedures and Requirements", states that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS,Merrill Romanik with the Synalovski, Romanik, Saye firm, on behalf of the Holocaust Documentation and Education Center(the"Applicant")is requesting site plan approval to allow the existing vacant building with 26,231 square feet to be used as a Holocaust Museum that will serve educational purposes at 303 North Federal Highway in the City of Dania Beach; and WHEREAS, Chapter 28, Part 6 of the LDC, Article 625, entitled"Variances", states that variances may be approved by the City Commission at the time of site plan approval; and WHEREAS,the Applicant is requesting a variance to provide forty-three(43)parking spaces where seventy(70)parking spaces are required per Section 265.50 of the LDC,for public assembly uses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That those certain applications for site plan approval (SP-46-13) and for variance approval (VA-50-13), copies of which are attached as composite Exhibit"A", which are made a part of and incorporated into this Resolution by this reference, are approved with the following conditions: 1. The applicant continues to work with staff to execute a Parking Agreement for the use of the City's parking garage,or other acceptable private Parking Agreement,to mitigate the parking space deficiency,prior to issuance of any Building Permits for the property. 2. The applicant obtains a Florida East Coast Railway Agreement to allow for vehicular access to the site,prior to the issuance of an Building Permits for theproperty. p Y g Section 2. That based upon the criteria set forth in Section 635 ofthe Dania Beach Land Development Code, all site plan approvals shall automatically expire and become null and void unless the applicant files a complete building permit application with construction drawings for all improvements shown on the site plan,within eighteen(18)months from the 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 December 10, 2013. ATTEST: LOUISE STILSON, CMC WALTA B. DUKE, III CITY CLERK MAYOR o�pRa's F��r APPROVED AS O FO V AND CORRECTNESS: THO S J. ANSB CITY AT RNEY 2 RESOLUTION#2013-149 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 10, 2013 TO: Robert Baldwin, City Manager VIA: Marc LaFerrier,AICP, Dir FROM: Mariluz Maldonado, City Planner'�r-�' _. Corinne Lajoie, AICP, Principal Planner, LEED GA SUBJECT: SP-46-131VA-50-13: The applicant, Merrill Romanik with Synalovski Romanik Saye, on behalf of the Holocaust Documentation & Education Center is requesting to modify a previously approved site plan and a variance for the property located at 303 North Federal Highway. SITE PLAN MODIFICATION To allow a 26,231 square feet Holocaust Museum. VARIANCE To waive the required parking spaces to provide a total of 43 parking spaces; code requires a total of 70 parking spaces per Section 265.50. PROPERTY INFORMATION ZONING: City Center(CC) LAND USE DESIGNATION: Regional Activity Center(RAC) The subject property is located west of Federal Highway and south of Old Griffin Road. The site is currerrtly vacant and was originally occupied by a dry-cleaning facility. The subject property is just over one (1) acre with an existing one-story building with approximately 26,231 square feet and associated paved areas. The applicant is proposing a Holocaust Museum that will serve for educational purposes as mandated by the State of Florida, as provided by the applicant. A portion of the property on the west is owned by FEC and the applicant is proposing to obtain an agreement for this area to be used for vehicular access. The open space area within the FEC property was not included in the provided pervious area calculation. SITE PLAN MODIFICATION The site plan modification was reviewed by the Fire Marshal, Public Services, the City's landscape consultant and the Planning Division. All Staff comments have been addressed. City Staff is in support of the site plan modification with the following conditions: 1. The applicant continues to work with staff on an executed Parking Agreement for use of the City's parking garage to mitigate for the parking shortage on site, prior to issuance of any Building Permits for the property. 2. The applicant obtains an executed FEC agreement for the vehicular access prior to the issuance of any Building Permits. VARIANCE The applicant is also requesting a variance to waive the required amount of parking as per the code to provide a total of 43 parking spaces on site. The code requires for a museum or place of assembly four (4) parking spaces in addition to 1 space per four hundred (400) square feet. In this case the use would require a total of 70 parking spaces. The site has been reconfigured to provide the maximum amount of parking spaces while taking into the consideration the fact the site is already developed. As previously mentioned, the applicant has indicated within the justification criteria that the use of the property will be primarily for students coming in groups via school buses or van, which minimizes the need for the code required amount of parking spaces. The applicant is currently working with City Staff on an acceptable Parking Agreement to allow the use of the City's parking garage to help mitigate the parking space deficiency. Also, as indicated by the applicant, when larger events are scheduled to occur in the facility, the garage parking spaces will also be utilized. The applicant's request satisfies the variance criteria identified in the City of Dania Beach's Land Development Regulations, Chapter 28, Section 625.40 as identified below. (1) That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city; The Intent of the parking requirements to ensure the uses provides adequate parking. However, the code doesn't take In to consideration that certain uses may be run differently such as in this case where most museum visitors will be brought to the premises by buses as opposed to driving. The applicant has modified the site to the extent possible to incorporate additional parking areas and while improving the traffic routes. Also,since the site is already developed, it makes it almost impossible for the applicant to incorporate the required amount of parking.As part of the mitigation and justification for this variance, the applicant will be working with the City on a Parking agreement to utilize the public parking garage to help mitigate and provide the appropriate amount of spaces for events. Granting of the variance will allow a unique civic, cultural and social amenity to the city as provided by the applicant. (2)That the requested variance is otherwise compatible with the surrounding lanai uses and would not be detrimental to the community; The variance will be compatible with the surrounding land uses and shall not be detrimental to the community since the applicant is proposing to occupy an empty building.As previously mentioned, most museum visitors will be brought to the premises by buses as opposed to driving. Furthermore, as part of the mitigation and justification for this variance, the applicant will be working with the City on a Parking agreement to utilize the public parting garage to help mitigate and provide the appropriate amount of spaces for events. (3) That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city; The requested variance will allow a vacant building to be occupied by a unique civic, cultural and social amenity to the city as provided by the applicant. Furthermore, the site will be enhanced which is a major priority for the Federal Highway corridor. (4) That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; and As previously mentioned, the site is already developed and contains a vacant building along one of the City's major corridors. The applicant is proposing to occupy the building while improving the property to the extent possible. As previously mentioned, the applicant will be working with the City on a Parking Agreement in order to help mitigate the parking shortage on site. The use of the property will be primarily for students coming in groups via school buses or van, which minimizes the need for the code required amount of parking spaces, as indicated by the applicant. (5)That the variance requested is the minimum variance that is necessary to afford relief to the petitioner,while preserving the character, health, safety and welfare of the community. The applicant is requesting the parking variance since they are not able to accommodate the required parking spaces on site. As part of the mitigation and justification for this variance,the applicant will be working with the City on a Parking agreement to utilize the public parking garage to help mitigate and provide the appropriate amount of spaces for events. STAFF RECOMMENDATION Approve with the following conditions: 1. The applicant continues to work with staff on an executed Parking Agreement for use of the City's parking garage to mitigate for the parking shortage on site, prior to issuance of any r'�9 Buildi Permits for the property. 2. The applicant obtains an executed FEC agreement for the vehicular access prior to pp 9 the issuance of any Building Permits. MID SYNALOVSKI ROMAN]KSAYE Artlwr rrurc•ANuw/xx•IiHerw"lksiju November 6, 2013 Corinne Lajoie, Principal City Planner City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 RE: Holocaust Documentation&Education Cerftr 303 N.Federal Hlgt v Dania Beach,FL 33004 Site Plan No.: SP-45-13 Dear Corinne. As the Architect of Record for the above referenced project,we offer the following as a Criteria Statement for our Variance request to reduce the minimum off-street parking requirements for the Holocaust Documentation& Education Center(HDEC). Sec.265-50(B)14 of the Code of Ordinances—City of Dania Beach requires four(4)parking space plus one(1)per four hundred(400)SF for public library, museum,art gallery,or community center,which is the closest description for the HDEC in the Code. The existing facility is 26,231 SF/400=65.5 parking spaces plus 4 parking spaces= parking spaces REQUIRED by Code. Due to true programmatic needs and site limitations,we are respectfully requesting a waiver for 27 off-street parking spaces,thus PROVIDING 41 parking spaces on-site. The basis for Variance Request for Sec. 265-50(B)14 areas follows: 1. The programming for the facility is primarily for educational purposes. The State of Florida mandates in Florida Statute 1003.42(2Xf)that"Members of the instructional staff of the public schools,subject to the rules and regulations of the commissioner,the state board,and the school board,shall teach efficiently and faithfully, using the books and materials required, following the prescribed courses of study,and employing methods of instruction,the following: The history of the Holocaust(1933-1945),the systemic, planned annihilation of European Jews and other groups by Nazi Germany,a watershed event in the history of humanity,to be taught in a manner that leads to an investigation of human behavior,an understanding of the ramification of prejudice, racism,and stereotyping,and an examination of what it means to be a responsible and respectful person,for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions." SYNALOVS KI RoMAN I KSAYE Architccture• Pimudik•Twerior Desigu 1800 Ella Drive,Suite 500•Fort Lauderdale,FL 33316 T 954.961.6806•F 954.961.6807.www.synalovski.com MID SYNALOVSKI ROMAN I KSAYE Midfafnn•ft-iag•fnk iw Dnign Other than the+/-15 administrative staff,the primary users of the facility are students coming in groups via school bus or van to leam. Thus, minimizing the need for code required number of parking spaces on-site on a day-to-day basis. 2. When larger events are scheduled to occur at the facility HDEC anticipates providing shuttle/valet service from the City parking garage to their facility. As per recommendation by Staff, HDEC is currenttyworking on an agreement to utilize the City parking garage with the assistance of the City Attomey and the HDEC's Attorney. Below is a point by point analysis of the Variance Review Criteria,Sec. 625-40 of the Code of Ordinances-City of Dania Beach. (1) That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the City. The p thg ledwdon reo mvxe is 6&vdL%=dx Intwded use ofdx kd11tyo17 a d 4b-aay bps Mich M100 W 6*64WMW Wd purpose ofd* t rcgv/air=old afocsnot of wtdxst WT11y&7d4oioca wxv ofdx city. In fx4 dx A►obcx.&DixruramnA ticn a7dEducAban C&7tarbr*s a u74m cMc, cul[rrra/and sock/arxnityto Ox Cifyend its aesAaf& (2) That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The pmbVlvdxtbn wwmvxe s blasedupan dx intewW&w of dal fadRyon a day-to-day basis and a cv n mW*MM the sts►owdow Aerad uses aid mv/d wit be atclrimwtal to dx camrrxs►alty. Oln occaskw /aWevl &will be hosted at daa Hokc&&DorccrnwbtAan aad Educate n CemWaad is ax be/rUrr&k to provlda Ad*Aektsawe ham the C YP&*R95VW to tfhleirfacAAAtyvvhen nxesW.. (3) That the requested variance is consistent with,and in furtherance of,the goals, objectives and policies of the adopted Comprehensive Plan,as amended from time to time. TheA Documr►alad r andEducatan Caatarbryes a unique civic, cullr val and socks/a nwAtyto Me 0-1yand its fesAoldats aad is in fia►tlaera►ace ofdxgwk, objk1bw wd policies ofdaeaobpW 6wpv ixsnw Plan. (4) That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome;and The pavkWreducdaa variance s bmid upon do 1nftwl1ed use of Me facililyon a obY o,*Ybz& Addibbwlspxesaenotaequ ed&Melioloceeat QocunxvtnYon sad Educotlon Center ham an qpffdtiiane/stavxt nt. SYNALOVS KI Ru MAN I KSAYE Architecture•Plannhig•hiterior Da,?r 1800 Eller Drive,Suite 500- Fort Lauderdale,FL 33316 i 954.961.6806-F 954.961.6807•wvvw.synalovski.com SYNALOVS K[ROMAN I KSAYE Anldlafur�•Waining•IrtMdm fk,{;u (5) That the variance request is the minimum variance that is necessary to afford relief to the petitioner,while preserving the character, health,safety and welfare of the community. In pmcticel forms,ft pa OU/V*ctb/i►e bXC pis tht WVW Ofp&ft a bwed coon fit hMwA*drw ofdx A ldyon a day-b-daybask enldk ca7pubbk pvt.�at cs dx cfia►WW.hmm mfdy&7d Woor of dx city. Please feel free to contact us should you have any questions or concerns with the above. Respectfully, Merrill Romanik,AIA, LEED AP Project Architect SYNALOVS KI ROMAN I KSAYE Arddhcture•Plmndl{q•hiteriorDesign 1800 Eller Drive,Suite 500•Fort Lauderdale,FL 33316 T 954.961.6806• F 954.961.6807•www.Wialovskizorn ........... . .... .... ..... .............. ............ . irk . ....... 4 lilt AM Let ij. ca .... .................... AaIR 7m gal Is a 4 w H Jill. All dilp 11fivil I I,,,, ?t t ; sorsar.�..u.nrMoaa,rsiw:uoo 1 �31 J MMAMW aoMGM NounusiNnlav-ULM 1 NOLLV3M GNV NOLLVIM MMI7001511 mom t 4 • � q 3 A ► t3 i � loilbill� Imd!, all 99 . 4.3 TOMalso .. . . • r _ pill e sod , L TI; �� I r. . � • i 3 i e..,.,,�r .,` � i�r! ail I • Mrs•��y ia11QJNpp11�CIpNOLLg1 411117 0 0 111OQ7011 1LHD TQidil'N �. r dN3W3A0>ldiMi MWMUM NOILYUSIliI1M0Y-M I N'"AM3 9 va MMIVX 03 ONY NOIIY1N31KMOa ISMOVH n I r+wr—. � a,wmnowMYM ueNa1111N Q1 ..�]:.• ..Y h .��lir —_—_ �_—_—_--_TiowwaiMws_—_------------.�.----� I rr.?J�I...I. 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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-46-13) AND VARIANCE (VA-50-13), SUBMITTED BY MERRILL ROMANIK WITH THE SYNALOVSKI, ROMANIK, SAYE FIRM ON BEHALF OF THE HOLOCAUST DOCUMENTATION AND EDUCATION CENTER, INC. FOR PROPERTY LOCATED AT 303 NORTH FEDERAL HIGHWAY IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Legally described.- The West one half (W 1/z) of the Southwest one quarter (SW 1/4) of the Northeast one quarter (NE 1/4) of the Southwest one quarter(SW 1/a)of section 35,Township 50 South, Range 42 East, less road rights of way,said lands situate,lying and being in Broward County,Florida. Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. For more information please call the Planning Division at(954)924-6805 x3643. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Please be advised that if a person decides to appeal any decision made by Local Planning Agency, the Planning and Zoning Board or the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person 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. The city does not provide or prepare such record pursuant to Es. 286.0105. Community Development Department Planning Division Publish:Friday,November 29,2013