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HomeMy WebLinkAboutR-2019-138 City approving request for a Waiver (WA-135-19) from the one thousand foot distance separation requirement pertaining to the sale of alcoholic beverages, submitted by Antonio's Pizzeria RESOLUTION NO. 2019-138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A WAIVER (WA- 135-19) FROM THE ONE THOUSAND (1,000) FOOT DISTANCE SEPARATION REQUIREMENT PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES, SUBMITTED BY THE PROPERTY OWNER, ANTONIO'S PIZZERIA EXPRESS, INC., FOR PROPERTY LOCATED AT 3088 GRIFFIN ROAD 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 110-50(B)(9); and WHEREAS, the property owner, Antonio's Pizzeria Express, Inc. (the "Applicant"), has requested a Waiver (WA-135-19) of the distance separation requirement for property located at 3088 Griffin Road, Dania Beach 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 October 23, 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- 135-19) 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-135-19), 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 October 28, 2019. ATTEST: THOMAS SCHNEIDER, CMC L/,16kR1f LE,4ELLCEN CITY CLERK `�qe ,ya MAYOR t1SHE� APPROVED A TQ FORM AND CORRECTNESS: i TH SBR CITY OR EY 2 RESOLUTION#2019-138 EXHIBIT "A" LEGAL DESCRIPTION REED LAND CO SUB 2-32 D 32-50-42 LOT 9 N 205 OF W1/2 OF W1/2 LESS GRIFFIN RD R/W& LESS SW 31 AVE R/W BLK 2 3 RESOLUTION#2019-138 EXHIBIT "B" WAIVER REQUEST (WA-135-19) 4 RESOLUTION#2019-138 City of Dania Beach 100 W Dania Beach Blvd Dania Beach,FL 33004 OCT 0 9 2019 954-924-6800 x3401 FAX:954-922-5619 Municipal Lien Search Request Y DANIA BEACH sE>rt.uvE rt.iovE rt. $100.00 Fee per Lien Search, Processing Time 5 Business Days ALL REQUESTS MUST BE ACCOMPANIED BY A CHECK WITH THE APPROPRIATE FEE FOR EACH INDIVIDUAL TAX FOLIO NUMBER. COMPLETED REQUESTS WILL BE RETURNED VIA FAX OR E-MAIL.PLEASE SEND A SELF ADDRESSED STAMPED ENVELOPE IF YOU WISH TO RECEIVE THE ORIGINAL COPY OF A SEARCH.UPDATES CAN BE PROVIDED BY FAX OR E-MAIL IF REQUESTED AT LEAST 24 HOURS BEFORE CLOSING. PLEASE PROVIDE THE FOLLOWING INFORMATION: �- DATE REQUESTED: A -.,- 9-1 9 FROM: xy) 46 k7 i 0 PHONE: �� 23�`f totoc� ���$g i t-YF 1, a FAX: n t�Y k.L-4— dewy L EMAIL: CAYI-ftiqio -�,v��c�7�� r>.rctc'(.��r,-., Coo- -, S PROPERTY FOLIO M ,j U L/� 0l O 5 O PROPERTY ADDRESS: jCl SELLER'S NAME: ��wa�e✓'c,.' J (y'✓L r=7'=�rJ ��1� L L G CITY OF DANIA BEACH WILL COMPLETE THE FOLLOWING INFORMATION: UTILITY ACCOUNT INFORMATION: XT HIS PROPERTY IS NOT SERVICED BY CITY OF DANIA BEACH WATER UTILITY.THE PROPERTY MAY BE 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.M AMOUNT DUE:$ DEPOSIT:$ ACCOUNT CURRENT(YON O ACCT.M AMOUNT DUE: $ DEPOSIT:$ ACCOUNT CURRENT(YON Q ACCT.M AMOUNT DUE: $ DEPOSIT: $ ACCOUNT CURRENT(YON Q ADDITIONAL INFORMATION: OTHER BALANCESIACCOUNTS DUE: �-'����/-� CODE VIOLATION:CASE# IAJ Ct Vl1 I M77- _ 2 01 CI - 0 �00,310 CONTACT CODE ENFORCEMENT @ 954-924.6810 OPEN BUILDING PERMITS,IAY..EXIST ON THIS4ROPERTY.CONTACT BUILDING&ZONING @ 954-924-6806 or 954-924-6800 xMn ❑ A BUSINESS TAX RECEIPT MAY BE REQUIRED FOR JHIS PROPERTY.CONTACT THE I�BUSINESS TAX DIV.954-924-6800 x3401 _}, T OTHER AMOUNTS DUEIPENDING. IYly�1CC -()Iu �- ( � I-'.00 --j `00 ��e Sl ,ll(I PROPERTY AS REFERENCED IS CLEAR OF LIENS PLACED BY THE CITY OF DANIA BEACH: +N0 ❑ PLEASE SEE ATTACHED LIEN CALCULATION(S) SPECIAL ASSESSMENTS ARE ON TAX BILLS FROM THE COUNTY. DISCLAIMER OF LIABILITY:THE PERFORMANCE OF THE LIEN SEARCH BY THE CITY 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 DOCUMENTS RECORDED BY THE CITY OF DANIA BEACH AGAINST THE PROPERTY AND/OR PROPERTY OWNER.THE FOREGOING INFORMATION IS BELIEVED TO BE RELIABLE,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 INFORMATION.THIS INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. PREPARED BY: m , � � !� DATE: I c) Lien Search Form.FDT Revised 3-5.15 E-MAILED ❑ FAXED ❑ MAILED CITY OF DANIA BEACH Business Tax Receipt VALID THROUGH 9/30/2020 ANTONIO'S PIZZERIA EXPRESS' llill- 5840 SW 57TH WAY DAVIE, FL 33314 ki '!P Business Nary ANTONIO'S PIZZERIA EXPRESS INC' Location Address: t 3088 GRIFFIN RD , Numb'eFiclass 680000055/Restaurants/Take-Out/Deli Issue Date: 8/23/2 19 Expiration Date:,'" 9/30/2020 W s Charge Detail- Quantity Charge Description Arnou)pt Paid � 1 2W Fire Prevention Annual Fee �$200.00 3� Restaurant Seating 3 $157.50 1 i Waste Registration Ill $15.00 ' Total: $372 50 Comments PIZZERIA -DINE INITAKE OUT M Restrictions. " SUBJECT AND ISSUED ACCORDING TO BUSINESS TAX RECEIPT ORDINANCE CHAPTER 15. This Business Tax Receipt does not permit the holder to operate in violation of any City law,ordinance,or regulation. Any change in location or ownership must be approved by the City,subject to zoning restrictions. This Business Tax Receipt does not endorse,approve,or disapprove the holders skill or competence or of the holders compliance or non-compliance with other laws,regulations or standards. MUST BE POSTED CONSPICUOUSLY AT BUSINESS LOCATION "Broward's First City" 100 West Dania Beach Boulevard*Dania Beach, Florida 33004*Phone:954-924-6800 ext. 3672 Certificate of Completion ,14CEA ;America's Alcohol Certified Education Association) This certificate confirms that Stephen Suriani has completed theAACEA Responsible Alcohol Seller/Serer Training and Education Seminar. Completed on 09/12/2019 Lkpiration Date 09/12/2021 Len Riggs PresidentlCEO 888.865-1900 �sz«�,aacea.com Certificate#: 113509121 DISTANCE LETTER AND SKETCH A TL NT OA ST S b R V E / G / N C PROJECT# 42043DL TO WHOM THIS MAY CONCERN: This letter indicates ALL SCHOOLS AND PLACES OF PUBLIC ASSEMBLY AND ENTERTANMENT with in a 1000 foot radius of 3088 GRIFFIN ROAD, DANIA BEACH FL, 33312 Work perform on 8/27/2019 . $ 1 GRIFFIN ROAD i w ALCOHOLIC BEVERAGES ) ( i THIS SITE A ,•,.L _ � C FyiOAD f ,i ; , t � `1 t vy R \ , �sRf axe .t u P �L J STE PROFESSIONAL LAND SU OR FLOROWIDALL CERTIFICATION NO. 5241 6129 STIRLING RD SUITE 2 DAVIE, FLORIDA 33314 p.954.587.2100 f.954.587.5418 ©2010 ATLANTIC COAST SURVEYING INC. City of Dania Beach, Florida DANIA BEACH Department of Community Development SEA If UVE 11 LOVE If Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2687 Fax Standard Development Application ❑ Administrative Variance ' s ❑ Land Use Amendment 0 0 6 '1319 ❑ Plat 0 Rezoning Date Rec'd: . ❑ Site Plan ❑ Special Exception Petition No.:Lk)A�I ❑ Variance Al Other: Unspecified (SEEAPPLICATION TYPE SCHEDULE ON PAGES 3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARY 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: 3088 Griffin Road Lot(s): 9 N 205' Block: _2_ subdivision: REED LAND CO SUB 2-32 D Recorded Plat Name: REED LAND CO SUB 2-32 D Folio Number(s): 504232010500 Legal Description: SEE ATTACHED onsultant/Legal Representative (circle one) STEPHEN SURIANI Address of Applicant: 5840 SW 57 Way, DAVI Ea FL 33314 Business Telephone:954 854-9060 Home: Fax: E-mail address: antoniosdania78(a-g mail.com Name of Property Owner: 3088 GRIFFIN ROAD LLC Address of Property Owner: 241 E PROSPECT RD, FORT LAUDERDALE FL 33334 Business Telephoner[/7 0 Home: Fax: Explanation of Request: For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Section 62S.40 of the Land Development Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Restaurant Proposed Use: Restaurant 1 of 4 Updated 11/2018 Is property owned individually, by a corporation, association, or a joint venture? LIMITED LIABILITY COMPANY AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us In all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval,or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code. STATE OF FLORIDA ` COUNTY OF BROWARD By: The foregoing instrument (Owner g t sign re*) was acknowledged BEFORE ME THIS DAY O 20/ By: 4 Stephen Suriani (j (Print nam person ac ow edging) oint owner signature if applicable) ����j EULAMGARDNER '�ti'C t:r v Notary . V s Notary public-stateof lortda •� c,'•�c Commission k GG 138952 ;N� _ •' My Comm.Expires Dec 23,2021 (Signature of Notary P lic—State of Florida BCr�rdthrouyhNatiaralNolaryAtsn. Personally known�r Produced Identification Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the applicartion if an authorized agent signs for the owner(s). NO APPLICATION WILL BE A UTOMA TICA LL YSCHEDULED FOR A MEETIAW. ALL APPLICATIONS MUST BE DETERMINED COMPLETE 0YSTAFF BEFORE PROCESSING OCCURS. 2 of 4 Upda4#ed 02/2017 i ANTONIO'S PIZZERIA EXPRESS August 26, 2019 :� Cl6 ?" VIA HAND DELIVERY CITY OF DANIA BEACH, FLORIDA DEPARTMENT OF COMMUNITY DEVELOPMENT i PLANNING AND ZONING DIVISION 100 W DANIA BEACH BLVD DANIA BEACH, FL 33004 Re: Alcoholic BeverageWaiverApplication- 3088 Griffin Road,Dania Beach,FL 33312 i �Dear Department of Community Development, i j Antonio's Pizzeria Express,Inc., ("Applicant"), operates a local Restaurant in Dania Beach serving Italian foodto the surrounding area and is located at 3088 Griffin 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 E 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 requestbelow. I. Property Description&Existing Development Applicant's business is located at 3088 Griffin Road, Dania Beach, FL 33312 (the "Property")(Folio ID:5042 32 01 0500).ThePropertyiszonedC-2 and is located onthecorner ofSW31 Avenue andGriffinRoad,westofI-95. The surrounding area is typified by heavier commercial uses, offices, and light industrial uses consistent with the C-2, C-3, andRM-2 zoning districts. Additionally, a large area immediate to the east is residential,along with a pre-school. Immediate surrounding uses include: a Publix store, office buildings and pre- school. There is one establishment which serves alcohol within 1,000 feet of the Property. The Field ("British Oak, Inc."), which is a retail establishment with a Dual Beverage and Tobacco License and Special Food Service pursuant to License No.BEV1615995. Also,within 1,000 feet of the property is a Pre-school(Little Learners). i I Applicant meets the criteria for an application of a waiver from the distance separation requirements pursuant to Sec. 110-50.E, City of Dania Beach Land Development Code as exampled by the information provided below. II Criteria for Approval of Waiver forAlcoholic Beverage Establishment Minimum Distance Requirement Pursuantto 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 showby a preponderance of the evidence that the wavier for the Property is warranted. a. That the waiver maintains the stability and appearance of the community:•and The distance separation waiver maintains the stability and appearance ofthe 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 pwMethat the areas designated for commercial use provide land area for business, office, retail, service, and other commercial enterprises which sup p ortthe resident and tourist populations of DaniaBeach. The Property is located on the intersection of SW 31stAvenue and Griffin Road and mainly surrounded by mixed uses. The surrounding residential uses are adequately separated. There is one other establishment which serves alcoholic beverages, The Field (British Oak, Inc.). The surrounding area is typified by heavier commercial, and offices. 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 Granting of this waiver will not adversely impact the public interest or adjacent property. The Property is located on the intersection of SW 31st Avenue and Griffin Road. The surrounding area is typified by commercial and office. Page2 of 4 I , All residential properties in the area are adequately separated from the property. Granting of the wavier will be in conformance with the zoning and uses in the surrounding area. Due to the surrounding zoning and uses,the waiver will not adversely impact the public interest oradjacent property. c. That the sale of 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 Property is located in C-2 zoning whichprovides forretail stores,offices,and service establishments.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. 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 andto the zoningdistrictwhere 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 ofAlcoholic Beverages and Tobacco. Applicant will continue to be a member in the Florida Responsible Vendor Program as a condition of obtaining the waiver. I11. 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 ofbeerandwine pursuant to a 2 COP license. Page,3 of4 Please do not hesitate to contact me should you have any additional questions regarding this variance request. 4 Z�- 3Ve truly yours, c ! tep en Sur Z* Direct Dial:954.854.9060 Email:antoniosdania78(_@gmail.com 3088 Griffin Road, LLC 241 E Prospect Road Fort Lauderdale,FL 33334 September 5,2019 City of Dania Beach Community Development Department Re:Authorization Letter To Whom it May Concern: Please accept this letter of authorization from 3088 Road LLC as owner of the property located at 3088 Griffin Road, Dania Beach,stating that I have no objections in connection with the application for a waiver from the alcoholic distance separation requirements as requested Antonio's Pizzeria Express, Inc. Sincerely STATE OF FLORIDA Z�MA .o1A C �'~� �� .�tiiv�}G/�(, COUNTY OF (/ Sworn to(or ffi'rmed)a d subscribed before me this day o4', %�` �b G�2 l'LC��'�G� as rtcz C/� ) for Owner j ( Agent SVETLANA VILLALOBOS PASTEAN °4 "i ,State of Fioride-Notary Public Commission#GG 143629 My Commission Expires ► Notary + Seal ' '����`��� December 03, 2021 Print Name of Notary 1 KPersonally Known OR[ ]Produced Identification Type of Identification Produced f >: