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Home My WebLink AboutR-2019-058 City Approving Request for a Waiver (WA-35-19) from the One Thousand (1000) Foot Distance Separation Requirement Pertaining to the Sale of Alcoholic Beverages, Submitted by Tripp Scott, PA RESOLUTION NO. 2019-058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A WAIVER (WA-35- 19) FROM THE ONE THOUSAND (1000) FOOT DISTANCE SEPARATION REQUIREMENT PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES, SUBMITTED BY TRIPP SCOTT, PA ON BEHALF OF THE PROPERTY OWNER, HOWARD GROUP, INC., FOR PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF RAVENSWOOD ROAD AND SOUTHWEST 42ND STREET WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Part 1 of the Dania Beach Land Development Code (the "LDC"), Section 110-50(E), entitled "Proximity of Alcoholic Beverage Establishments to Other Establishments and Uses," states that an Applicant for a license to sell liquor, in addition to beer and wine, within one thousand (1,000) feet of another place of business so licensed, may apply for a Waiver of the proximity requirements set forth in Section I I0-50(B)(9); and WHEREAS, Tripp Scott, PA, on behalf of the property owner, The Howard Group, Inc. (the "Applicant"), has requested a Waiver (WA-35-19) of the distance separation requirement for property located at 4201 Ravenswood Road, legally described in Exhibit "A," pursuant to Section 110-50(E) of the LDC; and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, has reviewed this Resolution at a duly noticed hearing on May 22, 2019 and recommended its approval; and WHEREAS, the City Commission has determined that the Applicant has met the criteria for a Waiver of the distance separation requirement by a preponderance of the evidence; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that the approval of the Waiver request (WA- 35-19) is consistent with the LDC and Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That pursuant to Chapter 28 "Land Development Code," Part 1 "Use Regulations," Article 110 "Use Regulations For Commercial And Mixed Used Districts," of the City Code, the Waiver request(WA-35-19), as shown on Exhibit`B" is hereby approved. Section 3. That the issuance of a Waiver by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertake actions that result in a violation of state or federal law. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 11, 2019. ATTEST: y f . THOMAS SCHNEIDER LORI L EL EN CITY CLERK �� MAYOR geIISHE�y APPROVED AS T FO AND CO ESS: I THO J. S RO CITY ATTO EY 2 RESOLUTION#2019-058 EXHIBIT "A" LEGAL DESCRIPTION A portion of Lot 4, Block 4, PLAT OF SECTIONS 28, 29, 31, and 32, TOWNSHIP 50 SOUTH, RANGE 40 EAST, according to the play thereof, recorded in Plat Book 2, at Page 32, of the Public Records of Dade County, Florida, being now located in Broward County, Florida, said land being more particularly described as follows: The North 105 feet of the East 135 feet thereof, less and except so much thereof as is used for road purposes and also less therefrom Parcel No. 234 as described in that certain Warranty Deed Recorded in O.R. Book 16832, at Page 520, of the Public Records of Broward County,FL, for additional right-of-way. Begin at a point 105 feet South of the Northeast corner of Lot 4, in Block 4, of the subdivision of Section 29, Township 50 South, Range 42 East, according to the plat thereof,recorded in Plat Book 2, at Page 32, of the Public Records of Dade County, Florida; thence West 135 feet to a point; thence South 60 feet to a point; thence East 135 feet to a point; thence North 60 feet to the Point of Beginning; said lands, situate, lying and being in Broward County,Florida. Less and Except therefrom: All that part of the South 70.0 feet of the North 105.0 feet of Lot 4, Block 4, of the subdivision of Section 29, Township 50 South, Range 42 East, as recorded in Plat Book 2, at Page 32, of the public records of Dade County, Florida, lying within 35.0 feet of the East boundary of said Section 2. 3 RESOLUTION#2019-058 EXHIBIT "B" WAIVER REQUEST (WA-35-19) 4 RESOLUTION#2019-058 May. 1. 2019 11 ,23AM C;,'v of Dania Beach, No. 6261 P. 1/2 uny OT Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 954.924-6800 x3401 FAX;954-922-5619 Municipal Lien Search Request (pno DANIA BEACH f8Y` SEA ff.UYE11.LOYFif. $100.00 Fee per Lien Search, Processing Time 5 Business Days ALL REQUESTS MUST BE ACCOMPANIED BY A CHECK WITH THE APPROPRIATE FEE FOR EACH INDIVIDUAL TAX POLIO NUMBER. COMPLETED REQUESTS WILL BE RETURNED VIA FAX OR E-MAIL.PLEASE SEND A SELF ADDRESSED STAMPED ENVELOPE IF YOU WISH TO RECEIVE THE ORIGINAL COPY OF A SEARCH,UPDATES CAN BE PROVIDED BY FAX OR E-MAIL IF REQUESTED AT LEAST 24 HOURS BEFORE CLOSING, PLEASE PROVIDE THE FOLLOWING INFORMATION: DATE REQUESTED; _ FROM: PHONE: 76 S- - nD%i o - FAX: q$4{ 16 1 l S > • L.•aw,,h+.4.►f� FL 7 yo I EMAIL: Ime- �rr�vkScla -,Cde ► PROPERTY FOLIO M. fit- }, ,CIO j \,9 0 tt } r?7 PROPERTY ADDRESS: ( /Q�,, �y ,J '�eJ , _1�� ]J 3'r • SELLER'S NAME: CITY OF DANIA BEACH WILL COMPLETE THE FOLLOWING IN)ORMATION; UTILITY ACCOUNT INFORMATION: THIS PROPERTY IS NOT SERVICED BY CITY OF DANIA BEACH WATER UTILITY.THE PROPERTY MAY SE SERVICED BY BROWARD COUNTY,THE CITY OF FORT LAUDERDALE OR THE CITY OF HOLLYWOOD- THIS PROPERTY IS SERVICED BY A MASTER WATER METER.PLEASE CONTACT THE ASSOCIATION FOR ADDITIONAL INFORMATION. ACCT.#: AMOUNT DUE, $ DEPOSIT:$ ACCOUNT CURRENT(YON ACCT.#: AMOUNT DUE:$ DEPOSIT: $ ACCOUNT CURRENT(YON Q ACCT.#: AMOUNT DUE: $ DEPOSIT: $ ACCOUNT CURRENT(YON 0 ADDITIONAL 1NPORMATION; OTHER SALANCESIACCOUNTS DUE; ❑ CODE VIOLATION:CA9F# CONTACT CODE ENFORCEMENT @ 954.924.6810 OPEN 13UILDING PERMITS,MAY EXIST ON THIS PROPERTY,CONTACT 1301LOING&ZONING.@954-024-0806 or 064.924.6800 x3633 ❑ A BUSINESS TAX RECEIPT MAY BE REQUIRED FOR THIS PROPERTY,CONTACT THEI BUSINESS TAX DIV,9544.-924-6800 x3401 OTHER AMOUNTS DUEIPENDING. In\(Q1Ce,`-* 2D)0— ,C)lE 4100 — r 1'1Re— cv1 PROPERTY AS REFERENCED IS CLEAR OF LIENS PLACED BY THE CITY OF'DANIA BEACH: (4N ❑ PLEASE 9EF ATTACHED LIEN CALCULATION(S) SPECIAL ASSESSMENTS ARE ON TAX BILLS FROM THE COUNTY. DISCLAIMER OF LIABILITY:THE PERFORMANCE OF THE LIEN SEARCH BY THE CI1`Y OF DANIA BEACH WILL NOT RELIEVE THE REQUESTING PARTY FROM THE RESPONSIBILITY OF SEARCHING THE PUBLIC RECORDS OF BROWARD COUNTY,FOR ANY AND ALL LIENS OR OTHER DOGUMENTS RECORDED BYYHE CITY OF DANIA BEACH AGAINST THE PROPERTY ANWOR PROPERTY OWNER.THE FOREGOING INFORMATION IS BELIEVED TO BE RFLIABLE,BUT IS NOT GUARANTEED AS TO ACCURACY OR COMPLETENESS BY THE CITY OF DANIA BEACH.IN NO EVENT SHALL THE CITY OF DANIA BEACH BE LIABLE FOR ANY DIRECT,INDIRECT,INCIDENTAL.CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES,OF ANY KIND OF NATURE WHATSOEVER,ARISING OUT OF,OR IN CONNECTION WITH THE PROVISION OFT IS IUFORMATION.THIS INFORMATION IS SUBJECT TO PFIANGE WITHOUT NOTICE. PREPARED BY; M,,,?AOSO DATE: Lien Search Form.FUT Revised 3-5.15 ❑ E-MAILED FAXED ❑ MAILED May. 1, 2019 11 :23AM C; }v of Dania Beach No. 8261 P. 2/2 InV'okn ►P ;.3{�Q ti l City of Dania Beach Ir1vo too l� F1.2010'0000001a W.Dania Reach t31vd.Dania Oeach,FL 33004 .• ci: ..�_ --- -- — �ww J _�.W �� .---- Date: 07127/20IQ Finattico Deptlrtment Duo Date: oar 7i2o,o �. Office(954)924,6800 Opl 5 Payment Due: Net 20 Days \ .• :;a± o►, Fax(954)922-5619 `($;�?1�rtc�;j: s-mall:billing @cl.danla-4eoeh,llms Total Dur: $100.00 Custortmir: YC L.L.OW AIR TAXI Customer 11: 3338 F-RiENDSHIP AIRWAYS, ING 4201 HAVEENMOOD RD FT, LAUDERDALE, FL 33312 Description: FII'tE: INSPE01-I0N Location: YELLOW AIR TAXI airmianta Charge Amount Fire Il spot,tion Fire Inspection Fr3e •10-7903. $100.00 Annual InspedJon 7/16,2010. !!LfteontvgamimmusLtmy !j �_ '� !��+� ®srRw„��raec Plemet: I'tlferent.e Invoice Numbov 01n your check: 2010-00000018 �:raRAGi��la,niniiSunl�iiA�4i6ia ti 4,t^LL"ibYa$iu75$Yi:v't2T$iLTuiiiras�, �iinf+Sii�.imoi�iv.$®��i®'mm�r Ar.'01 d' P1A 1':li NT Tcl. CUSTOMER#: 3338 City of riallio o ach YELLOW AIR TAXI 100, W 1:::a;Ii;� Ueach Blvd, FRIENDSHIP AIRWAYS, INC G)mila 1-1 3:,004 4201 RAVENSWOOD HD f='T. LAUDERDALE, FL 33312 InVoice 'rotal $100.00 AmourAt� `---- — ---- kIrned., TRIPP COTT EXPERIENCE CAN TRUST GREGORY A.MCALOON Direct Dial: 954.765.2920 Email: gmc@lrippscott.com March 4, 2019 VIA HAND DELIVERY CITY OF DANIA BEACH,FLORIDA DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING AND ZONING DIVISION 100 W DANIA BEACH BLVD DANIA BEACH,FL 33004 Re: Alcoholic Beverage Waiver Application— 4201 Ravenswood Road, Dania Beach, FL 33312 Dear Department of Community Development, Island Joes Cafe, Inc., ("Applicant"), operates a local cafe in Dania Beach serving Caribbean food to the surrounding area and is located at 4201 Ravenswood Road, Dania Beach, FL 33312. Applicant is requesting a waiver pursuant to Sec. 110-50.E, City of Dania Beach Land Development Code to allow service of beer and wine pursuant to a 2COP license. Currently, the Property is located within 1,000 feet of another alcohol service establishment. Therefore, Applicant is requesting a waiver from the alcoholic distance separation requirement and pursuant to the procedure put forth in the City of Dania Beach Land Development Code. Please see a detailed description of the request below. I. Property Description & Existing Development Applicant's business is located at 4201 Ravenswood Road, Dania Beach, FL 33312 (the "Property") (Folio ID: 5042 29 01 1280 and 5042 29 01 1270). The Property is zoned C-2 and is located on the corner of SW 42nd Street and Ravenswood Road, immediately west of I-95. The surrounding area is typified by heavier commercial uses, offices, and light industrial uses consistent with the C-2, C-3, and IROM-AA zoning districts. Additionally, a large area to the west is either parking or vacant land, zoned airport, and owned by Broward County. Immediate surrounding uses include: a convenience store, restaurant, yacht servicing establishment, surface parking to the north, an RV center to the east, and vacant unimproved land to the south and west. The only residential use in the area is one four-plex to the northeast and it borders a surface parking lot. There are two establishments which serve alcohol within 1,000 feet of the Property. Super Stop Food Stores, ("Super Stop"), which is a small convenience store located approximately 200 feet from the Property when measured door to door. Super Stop owns a 2AP 110 Southeast Sixth Street,Fifteenth Floor•Fort Lauderdale,Florida 33301 Post Office Box 14245•Fort Lauderdale,Florida 33302 Tel 954.525.7500•Fax 954.761.8475•www.trippscott.com Fart Lauderdale • Boca Raton • Tallahassee license pursuant to License No. BEV 1612800 and can serve packaged beer and wine for consumption off premises. Additionally, Rustic Inn is a crab house located at 4331 Ravenswood Road, Dania Beach, FL 33312, ("Rustic Inn"), and is approximately 400 feet from the Property when measured door to door. Rustic Inn owns a 4COP license pursuant to License No. BEV 1600023 and can serve liquor, beer, and wine for consumption on premises. Applicant meets the criteria for an application of a waiver from the distance separation requirements pursuant to Sec. I10-50.E, City of Dania Beach Land Development Code as exampled by the information provided below. H. Criteria for Approval of Waiver for Alcoholic Beverage Establishment Minimum Distance Requirement Pursuant to Sec. 110-50.E, City of Dania Beach Land Development Code, an applicant may waive the distance separation requirement so long as certain criteria is met by a preponderance of the evidence. A preponderance of the evidence standard is defined as the greater weight of the evidence, or evidence that more likely than not tends to prove a certain proposition.2 Applicant provides the following information to show by a preponderance of the evidence that the wavier for the Property is warranted. a. That the waiver maintains the stability,appearance of the community; and The distance separation waiver maintains the stability and appearance of the community. The Property is located in C-2 zoning, Community Business District. The Community Business District provides for retail stores, offices, and service establishments with convenient pedestrian access throughout the district and implements the Commercial category of the City of Dania Beach Comprehensive Plan, ("Comprehensive Plan"). The Comprehensive Plan provides that the areas designated for commercial use provide land area for business, office, retail, service, and other commercial enterprises which support the resident and tourist populations of Dania Beach. The Property is located on the intersection of SW 42"d Street and Ravenswood Road and mainly surrounded by commercial uses. The surrounding commercial uses are adequately separated. The Property is surrounded by commercial uses with only one residential use in the surrounding area. There are two other establishments which serve alcoholic beverages, the convenience store and the Rustic Inn. The surrounding area is typified by heavier commercial, offices, and light industrial uses. Additionally, a large portion of the surrounding area is zoned airport and utilized as vacant land or surface parking. Because the area is mostly surrounded by commercial uses, granting of the waiver maintains the stability and appearance of the surrounding community b. That the waiver will not adversely impact the public interest or adjacent property and all necessary alternative measures shall be taken by the applicant to prevent any such impact; and Gross v. Lyons,763 So.2d 276(Fla.2000). 2 Hernandez v. Guerra,230 So. 3d 514(Fla.3d DCA 2017);Gross v. Lyons,763 So.2d 276(Fla.2000). Page 2 of 4 Granting of this waiver will not adversely impact the public interest or adjacent property. The Property is located on the intersection of SW 42"d Street and Ravenswood Road. The surrounding area is typified by commercial and light industrial zoning. A large portion of the area is utilized as parking or vacant land. The only residential property in the area is a four-plex which is directly adjacent to surface parking and industrial zoning. The property directly to the west is vacant land and the property to the east is utilized for RV Parking. Rustic Inn is located to the south while Super Stop is located to the north. Granting of the wavier will be in conformance with the zoning and uses in surrounding area. Due to the surrounding zoning and uses, the waiver will not adversely impact the public interest or adjacent property. c. That the sale of liquor in addition to beer and wine at the requested location 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 the sale is to be located, and The sale of beer and wine will not cause a detrimental impact to the value of existing contiguous uses and to uses in the general area. The Property is located in C-2 zoning which provides for retail stores, offices, and service establishments. The land contiguous to the Property is vacant. A restaurant with alcohol beverages service is an appropriate use for this zoning district. Applicant is applying for a 2COP application, which limits service to only beer and wine for consumption on premises. There are two other establishments in the immediate area which serve alcoholic beverages. The other surrounding uses are commercial in nature with a majority of the surrounding land utilized as surface parking. The land contiguous to the Property is vacant and a restaurant with alcoholic beverage sales is permitted in the C-2 zoning district. Granting of this wavier 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 the sale is to be located. d. Any applicant for a waiver of the proximity requirement must be enrolled in the Florida Responsible Vendor Program administered by the Division of Alcoholic Beverages and Tobacco, and must continue to be a member in the responsible vendor program as a condition of obtaining the waiver. Applicant will enroll in the Florida Responsible Vendor Program administered by the Division of Alcoholic Beverages and Tobacco. Applicant will continue to be a member in the Florida Responsible Vendor Program as a condition of obtaining the waiver. III. Conclusion Applicant has met the criteria of approval for a waiver from the alcoholic beverage establishment minimum distance requirement as evidenced by the above information. Therefore, Applicant respectfully requests approval of this waiver request to allow service of beer and wine pursuant to a 2COP license. Page 3 of 4 Please do not hesitate to contact me should you have any additional questions regarding this variance request. Ver r urs 11-01 egory A. McAloon For the Firm GMC/msh Page 4 of 4 'ty of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 DANIA BEACH (954) 922-2687 Fax SEA IT.LIVE IT.LOVE It Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Rec'd: _1 C ❑ Site Plan �� ❑ Special Exception Petition No.: , 1 i'l.—✓— t c/ ❑ Variance ❑ Other: Alcoholic Beverage Waiver (SEEAPPLICATION TYPESCHEDMEON PAGES 3&4) 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 Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: 4201 Ravenswood Road, Dania Beach, FL 33312 Lot(s): 4 Block: 4 Subdivision: Section 29,Township 50 South,Range 42 East Recorded Plat Name: MARSHALLS EVERGLADE MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 4 504229011270;504229011280 N 105 OF E 135 LESS RIDS&LESS PT DESC IN PAR Folio Number(s): Legal Description: 234(nR IRRA9/590)FOR ADIYI RAN Ftt K A Applicant/Consultant egal Representativ (circle one) Gregory McAloon, Esq. Address of Applicant: 110 SE Sixth Street,Suite 1500, Fort Lauderdale, FL 33301 Business Telephone: 954-765-2920 Home: Fax: E-mail address: GMC@trippscott.com Name of Property Owner: Howard Group INC. Address of Property Owner: 12020 SW 26 ST DAVIE FL 33325 Business Telephone: Home: Fax: Explanation of Request: Waiver of distance requirements for establishment licensed to serve liquor on premises. For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Section 625.40 of the Land Development Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Adj. Building SF: 2783 Existing Use: Food Service Establishment Proposed Use: Food Service Establishment 1 of 4 Updated 02/2017 The Howard Group 12020 SW 261h Street Davie, FL 33325 February 19,2019 City of Dania Beach Office of the City Clerk 100 W Dania Beach Blvd. Dania Beach, FL 33004 Re: Authorization Letter To Whom it May Concern: Please accept this letter of authorization permitting Gregory A. McAloon, Esq. and Jenna Piotrowski, Esq. of Tripp Scott, P.A., to represent the interests of HOWARD GROUP, INC. in connection with application for a waiver from the alcoholic distance separation requirements in the City of Dania Beach. Sincer STATE OF FLORIDA COUNTY OF V�)(Q U) am_ Sworn to(or affumeq�and subscribed before me this day of��,20.-by D-Uln 1S hun� Ayana Roland ignatur f Notary State of Florida My Commission Expires 08/11/2021 Commission No.GG 112197 ad lar)d Print 4ame of Notary Personally Known (OR)Produced Identification Z Type of Identification Produced...L ' f F5 l 1370599v1890000.9001 / t