HomeMy WebLinkAboutO-2000-009 ORDINANCE NO. 2000-009
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST BY JACK STUDIALE, FOR
PROPERTY LOCATED AT 2500 GRIFFIN RD. WITHIN THE CITY OF
DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A",
A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING
THE CURRENT ZONING CLASSIFICATION OF THE NORTH 1.31 +/-
ACRE PORTION FROM BROWARD COUNTY B-2 (COMMERCIAL) TO
C-2 (COMMERCIAL) AND THE SOUTH 1.66 ACRE PARCEL FROM R-
1 C (RESIDENTIAL) TO THE CLASSIFICATION OF C-2 (COMMERCIAL)
USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the rezoning request Jack Studiale, for property located at
2500 Griffin Rd., legally described in Exhibit "A", a copy of which is attached to this
ordinance and which is located within the City of Dania Beach, Florida, changing the
current zoning classification of the north 1.31 +/-acre portion from Broward County B-2
• (Commercial) to C-2 (Commercial) and the South 1.66 acre parcel from Broward
County R-1 C (Residential) to the classification of C-2 (Commercial) using the 5%
commercial flexibility rule is granted.
Section 2. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 3. That this ordinance shall take effect upon the recording and filing of
the document identified above in the Broward County Public Records.
Section 4. This ordinance shall take effect immediately at the time of its
passage.
PASSED and ADOPTED on first reading on the 8`h day of February, 2000.
PASSED and ADOPTED on second reading on the 22nd day of February, 2000.
ORDINANCE NO. 2000-009
7
0
R= COMM SSIONER
ATTEST: ROLL CALL:
�f� MAYOR BERTINO - YES
VICE-MAYOR MCELYEA- YES
SHERA CHAPMA COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORN AND CORRECTNESS:
BY: E , ) - A- 4�
THOM S J. NSBRO
CITY ATTORNEY
ORDINANCE NO. 2000-009
EXHIBIT "A"
LEGALLY DESCRIBED AS A PORTION OF TRACTS 8 & 9, BLOCK 1 OF THE SUBDIVISION OF
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID
TRACT 8; THENCE SOUTH 0 6' 00" WEST ON WEST LINE OF SAID TRACT 8, A DISTANCE OF 35.00
FEET TO THE POINT OF BEGINNING; THENCE DUE EAST A DISTANCE OF 184.48 FEET TO A
POINT OF CURVE; THENCE ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 2236.83 FEET,
AND A CENTRAL ANGLE OF 3 42' 59", AN ARC DISTANCE OF 145.09 FEET TO A POINT ON THE
EAST LINE OF SAID TRACT 8; THENCE SOUTH 0 02' 37" WEST ON SAID EAST LINE, A DISTANCE
OF 231.30 FEET; THENCE SOUTH 83 35 15 WEST A DISTANCE OF 107.34 FEET; THENCE DUE
WEST A DISTANCE OF 63.04 FEET; THENCE SOUTH 0 06 00 WEST, A DISTANCE OF 100.00 FEET;
THENCE DUE WEST A DISTANCE OF 160.00 FEET TO A POINT ON THE WEST LINE OF SAID
TRACT 8; THENCE NORTH 0 06 00 EAST, ON SAID WEST LINE, A DISTANCE OF 120.87 FEET;
THENCE SOUTH 89 56 47 WEST A DISTANCE OF 125 FEET; THENCE NORTH 0 06 00 EAST A
DISTANCE OF 209.25 FEET; THENCE DUE EAST A DISTANCE 0125.00 FEET; THENCE NORTH 0 06
00 EAST ON THE WEST LINE OF SAID TRACT 8 A DISTANCE OF 18.00 FEET TO THE POINT OF
BEGINNING. TOGETHER WITH A PORTION OF TRACT 8, BLOCK 1 OF THE SUBDIVISION OF
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF SAID TRACT 8;
THENCE RUN SOUTH ALONG THE EAST LINE OF SAID TRACT 8, A DISTANCE OF 271.00 FEET TO
A POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE CONTINUING SOUTHERLY ALONG
SAID EAST LINE 120 FEET; THENCE RUN WESTERLY PARALLEL TO THE'NORTH LINE OF SAID
• TRACT 8, A DISTANCE OF 106.82 FEET MORE OR LESS TO A POINT LOCATED 222.00 FEET EAST
OF THE WEST LINE OF SAID TRACT 8; THENCE RUN NORTHEASTERLY 107.41 FEET MORE OR
LESS TO THE POINT OF BEGINNING; AND THE EAST 63.00 FEET OF THE WEST 223.00 FEET OF
THE SOUTH 118.00 FEET OF THE NORTH 383.00 FEET OF TRACT 8, IN BLOCK OF THE
SUBDIVISION OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE
COUNTY FLORIDA SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA,
AND CONTAINING 18,471 SQUARE FEET OR 0.4240 ACRES MORE OR LESS.
ORDINANCE NO. 2000-009
CITY OF DANIA GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W. DANIA BEACH BLVD.
DANIA, FL 33004
® PETITION FOR LAND USE FLEX(20% FLEXIBILITY RULE)
DATE: U I �� PETITION LUF- ? /
TO: CITY OF DANIA PLANNING AND ZONING BOARD AND DANIA CITY COMMISSION,
PETITION TO REQUEST LAND USE FLEX UNITS RELATING TO PROPERTY AS HEREINAFT?
INDICATED IS HEREBY REQUESTED BY:
PETITIONER: Craig A. Smith & Associates for Tropical Acres Restaurant
LEGAL DESCRIPTION OF RELATED PROPERTY: (FOLIO#) See Attached
GENERAL LOCATION OF SUBJECT PROPERTY: 1500 Griffin Road
Residept1al_
PRESENT LAND USE: LOW - (L-5) REQUESTED FLEX USAGE / REASONS A
JUSTIFICATION FOR REQUESTED USE:
See Attached
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA CITY COMMISSION
Sworn t and subscribed before meSignature of Petitioner
this day oil%_C�Ic J-L 191q
• raig A. Smith & Associates
NO Public State of(_`PLO ) 1000 W. McNab Rd. , Pompano Bch, FL 33(
Printed Name Nota� Street Address, City State&Zlp
Commission Expires (e(2 954) 782-8222
Seal: a lephone Number
won
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR Lf
USE FLEX USE and that I have authorized Craig A. Smith & Associatesto make and file
aforesaid LAND USE FLEX APPLICATION.
Sworn to and subscribed before me gnatur of Pe} inner
this 1 day of
Notary Public State of( (%�,5:.v:24 Of- 2500 Griffin Road, Dania Beach, FL 33_
P 'nted Name of Notary Street Address. City State&Zip
t__
Commission Expires Mvr�MM N;ae 954) 989 =500
" rREs '°'ve.zooa(85 g12 I Telephone Number
Seai:
(DEPARTMENT USE ONLY-00 NOT WRITE BELOW HIS LINE)
• ACCEPTED BY: Filing Fee: 3165.00
Check off list: Plus Advertising costs.
Sealed Survey Plat Name(if applicable)
Related petitionis)(if applicable)
CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W. DANIA BEACH BLVD.
DANIA BEACH, FL 33004
PETITION FOR REZONING
DATE. PETITION RZ-
TO CITY OF DANIA BEACH PLANNING .AND ZONING BOARD AND DANIA BEACH
COMMISSION, A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEF
REQUESTED BY:
PETITIONER: Craig A. Smith-& Associates for Tropical Acres Restaurant
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#) See Attached
GENERAL LOCATION OF SUBJECT PROPERTY: 2500 Griffin Road
PRESENT ZONING B-2 +g-ic REQUESTED ZONING. c-2
REASONS &JUSTIFICATION FOR REQUESTED REZONING:
See Attached
(Note: If more than one zoning classification is requested. please attach complete legal descript
each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY
COMMISSION
Sworn to and subscribed before me Signature of Petitioner
• this 1 I^ day of 19CP
raig A. Smith & Associates
Nota ublic State of CCFP-��-C� ) 1000 W. McNab Rd. , Pompano Bch., FL
Printed Name o ota A treat Address, City State&Zip
MYCOA=f cc a51812
Commission Expires ' 22
Seal: relephone Number
EMEMENNEM
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY. PLEASE FILL Tt
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the Ph I I I10t
REZONING and that I have authorized craia A. Smith & Associatedo maKe and file the afc
PETITION FOR REZONING.
Sworn to and subscribed before me S'"mature of'Petiti
this I day ofI: '19c(:� I, I
Not ry Public State of( "500 Griffin Road, mania Beach, FL
Plint Name f Notary II Ica; Street Address, City State &Zip
(} V ' C +1S6lOhl r cc
S•Jwv E
Commission Expires s°�T*��wo, , (954) 9B9-2500
Seal: -- leohone Number
(DEPARTMENT USE ONLY-DO NOT WRITE BELOW THIS LINE)
ACCEPTED BY: Filing Fee: $275.00 for the first acre or fraction then
• Site Plan Petition(s) plus$27.50 per acre for each additional or fraction tho
Plus Retainer for Administrative and Advertising cos
(Ch.28,Article 9.60.Recovery of costs of administrative re
and processing. ) Total Required: $Z500.00
Sealed Survey Plat Name of aoPocabiel Related petition(s)tlf appt)cablel
APPLICATION FOR SITE PLAN APPROVAL
CITY OF DANIA
100 WEST DANIA BEACH SOUL-EVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATION NUMBER - ` I- �I DA i c _l�-714P 9
The undersigned petitions the Growth Management Department and/or the City
Commission of the City of Dania to consider site plan approval on the .3rcei (s) of land
desc-oed in this aopiication.
NAI IE OF APPLICANT. Craig A. Smith & Associates as Agent for Tropical Acres
Restaurant
ADDRESS OF APPLICANT: 1000 W. McNab Road, Pompano Beach, Florida 33069
PHONE NUMBER: ( 954 ) 782-8222 FAX NUMBER: ( 954 ) 786-8927
PROPERTY INTEREST OF APPLICANT: owners Agent
NAME AND ADDRESS OF PROPERTY OWNER (TF NOT THE APPLIC.1`YID:Jack
2500 Griffin Road, Dania Beach, Florida 33312
ADDRESS AND LEGAL.DESCRIPTION OF SUBJECT PROPERTY: See Attached
Rezoning Application
Residential
EXISTING LAND USE DESIGNATION• Low - 5 (L-5) EXISTING ZONING C®
Total -
LOT SIZE: ACREAGE. 3.74' CQ. FT. 141, 134.4
Affected
Area ACREAGE: 1. 14 S0. FT. 49,658. E
?ending approval of petition for rezoning and application of commerical
Flexibility through rezoning.
LE:.'�:,1PT?ON OF PRO%JIECi: `ze ttached rezoning Appiication
SEC ION: 32 TOWNSHIP: J0 RANG& 42
0232-01-0114 0232-01-0112 0232-01-0080
-0090
TAX FOL10 NUMBER: 82 2-°1-0150 02 2-of-00113
RECORDED PLAT NAME: ,T/A
PLAT BOOK: VA PAGE: N/A
I1ST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONtNGS ETC. THAT MAY BE
• REQUIRED TO SUPPORT THIS APPUCATION:
See Attached Rezoning Application
ANY OTHER INFORMATION IS SUPPORT OF THIS APPllCATION:
See Attached Rezoning Application
2
• NOTE: ALL SIGNATURES) MUST BE NOTARIZE].
PETITION: Craig A. Smith & Associates
PRINT NAMElCORP®RATi0N
BY:
A► THOR SI ATURE
Swam to and subscnbed before me J. David Anderton, II Senior Plann
this day of �p.1PW�tAPT 19 PRINT NAME AND TITLE
(If Carp®ratlano
Notary Public
(Notary StamplSead)
�gnature �,
A BORDEN COLE
MY COMMISSION N CC 351812
W�� t\. s«ae, EXPIRES:Jury 5,2003
L �mac Undwwnwn
not Name
Cmmi=on Expir=�J`� 2Q3 3
•
PROPERTY OWNER: Jack Studiale
I UNT a TION NAME
BY:
AUTHORI
M SIGNATURE
Swam to and su cubed before me -� '� s u�'� L� — O o v,-v
this �,day of�`N f 19RG PRINT NAME AND TITRE
(If C M=adan)
2500 Griffin Road, Dania Bch. , FL
ADDRESS OF OWNER
Nota Public
(954) 989-2500
Q, TELEPHONE
gn re
G3 (Notary Stamp/Seal)
• not Name . ." a eo---
, RDEN col. —""
Ccmmiss>ion Expo: (� v J , �� ;•d :r MY COMMISSION#CC 85!u.,
EXPIRES:July 5.20M
3-d0dThm
NOWY Pubec unoerwn;a.
3
•
CITY OF DA. IA BEACH, FLORIDA
GROWTH 1VL4,1NAGETNIENT DEPARTMENT
PETITION FOR REZONING AND APPLICATION OF
C0.;LNIERCIAL FLEXIBILITY THROUGH REZONING
OF
TROPICAL ACRES RESTAURANT PROPERTY
Prepared By:
CRAIG A. SMrM & ASSOCLXTES
October 1999
I
CITY OF DAI,IIA BEACH.FLORIDA
GROWTH NL-UNAGE\[ENT DEPART:NENT
REZONING AND APPLICAT?ON OF COM RCIA.L F'_E'{IBII.ITY=OCGE REZONFING
Table of Contents
PETITION FOR CONEvIERCIAL LAND USE FLEX.......................................................................... 2
PETITIONFOR REZONING............................................................................................................... 3
DECRIPTIONOF PROPERTY............................................................................................................ 4
REQUEST FOR REZONING AND APPLICATION OF COMMERCIAL FLEXIBILITY THROUGH
REZONING.........................................................................................................................................4
JUSTIFICATION FOR REZONING AND APPLICATION OF COMMERCIAL FLEXIBRI Y'IHROUGH
REZONING........................................................................................................................................... 6
ADJOININGLAND USES.................................................................................................................. 7
ADJACENT ZONING DESIGNATIONS............................................................................................. 7
CONCURRENCYISSUES.................................................................................................................. 7
SanitarySewer.................................................................................................................................. 7
PotableWater...................................................................................................................................7
Recreationand Open Space...............................................................................................................8
Drainage........................................................................................................................................... 8
Roadways......................................................................................................................................... 8
Schools............................................................................................................................................. 9
List of Exhibits
FXXPIIBIT I: SUBJECT PROPERTY LOCATION MAP............................................................................
EXHIBITII:REQUESTS..........................................................................................................................
EXHIBIT III: ADJOINING LAND USES..................................................................................................
EXHIBIT IIIA: ADJOINING LAND USES LEGEND...............................................................................
® EXHIBIT IV: ADJACENT ZONING DESIGNATIONS............................................................................
List of Attachments
ATTACHMENT I: SURVEY OF SUBJECT PROPERTY.........................................................................
ATTACHMENT IL LEGAL DESCRIPTION(Entire Property).................................................................
ATTACHMENT III: LEGAL;DESCRIPTTON(1.31 AC Portion of Property Subject to the Request for
rezoningfrom B-2 to C-2)........................................................................................
ATTACHMENT IV: LEGAL DESCRIPTION(1.66 AC Portion of Property Subject to the Request for
Application of Commercial Flex/Rezoning from R-IC to C-2)................................
ATTACHMENT V: PROPOSED ADDITIONAL PARKING SITE PLAN................................................
October 20, 1999 1
CIT:OF DA\riA BEACH,FLORIDA
GROw"IH NL-\NAGEvIENT DEPARTMENT
PEON FOR RFZONING AND APPLICA-17ON OF COMMERCUL FL:.:Q 1=f-7-acuGH P=O�+TiG
DECRIPTION OF PROPERTY
The subject property, known as the Tropical Acres Restaurant. is located at 2500
Griffin Road between SW 251` Avenue to the east and SW 261h Avenue to the
west within the City of Dania Beach (see EXHIBIT 1). In addition, please see
ATTACHMENTS I and 11 for the survey and legal description of the subject
property. The entire property is 3.24 gross acres in size. However, the entire
property is not subject to this request.
REQUEST FOR REZONING AND APPLICATION OF COMMERCIAL
FLEXIBILITY THROUGH REZONING
CAS, on behalf of the Tropical Acres Restaurant, is hereby making a two (2) part
request as follows. First, CAS respectfully request that the front or northern 1 .31
gross acres of the subject property be rezoned from the Broward County B-2
(Community Business) zoning district to the City of Dania Beach C-2 zoning
district (see EXHIBIT 11). In addition, please see ATTACHMENT III for a legal
description of this portion of the property subject to this request. Second, CAS
respectfully request that application of the Commercial Flexibility through
Rezoning from the Broward County R-1 C (One-Family Dwelling) zoning district to
the City of Dania Beach's C-2 zoning district be approved for the rear or southern
1.66 gross acres of the subject property (see EXHIBIT II). In addition, please
see ATTACHMENT IV for a legal description of this portion of the property
subject to this request for Commercial Flexibility through Rezoning. In
summation, these two (2) requests will rezone the subject property to the City of
Dania Beach's C-2 zoning district, minus the portion of the subject property that
has a Broward County R-2U zoning designation, which contains a two (2) story
apartment building with parking facilities (see EXHIBIT II).
Following is a summation of the application of Commercial Flexibility and only
applies to the second part of this request (portion of property described in
ATTACHMENT IV). The application of Commercial Flexibility comes from the
Broward County Land Use Plan and the Broward County Land Use Plan
Administrative Rules Document published by the Broward County Planning
Council and adopted by the County Commission. Additionally, the City of Dania
Beach's Land Use Element of the Comprehensive Plan contains provisions for
the application of Commercial Flexibility as well. These documents refer to the
application of Commercial Flexibility as follows:
ADMINISTRATIVE RULES DOCUMENT: BROWARD COUNTY LAND USE PLAN
Article 2: Flexibility Rules and Regulations
2.5: Increase and Decrease of Commercial and Residential Acreage
(A) A certified local land use plan may allow a different arrangement of commercial
and residential acreage in a flexibility zone than that shown for the same
0 October 20, 1999 4
CITY OF DAxrA BEACH. FLORMA
GROWTH N1ANAGEMENTDEPART�IENT
PETITION FOR REZOND4G A..1D APPLICATION OF CONC-4ERCIAL FL-=ILITf TROUGH REZONDIG
• flexibility zone on the Broward County Land Use Plan, if consistent with all of
the following provisions:
(2) The local land use plan may permit up to five percent (5%) of the area
designated for residential use on the Broward County Land Use Plan within a
flexibility zone to be used for neighborhood office and/or retail sales of
merchandise or services, subject to compliance with Policy 13.01.10 of the
Broward County Land Use Plan. No such contiguous area may exceed ten
(10) acres in size. For the purpose of this provision, contiguous is defined as:
attached; located within 500 feet; or separated only by streets and highways,
canals, rivers, or easements.
The five percent (5%) residential-to-commercial flexibility rule may be applied
by the local government through (re)zoning or other official action, subject to
compliance with Policy 13.01.10 of the Broward County Land Use Plan, and
does not require an amendment to the local land use map if the provision is
certified by the Planning Council within the residential perm itted uses section of
the local land use plan.
BROWARD COUNTY LAND USE PLAN
Policy 13.01.10
Local government utilization of the Broward County Land Use Plan "Flexibility
® Rules", as per Policies 1.01.03, 1.01.04, 1.02.01, 1.02.02, 2.04.04, 2.04.05,
3.01.06 and 3.02.02, shall be subject to determination by the Broward County
Commission that such allocation is compatible with adjacent land uses, and
that impacts on public school facilities have been adequately considered.
Allocations of"flexibility"for"affordable housing" or"special residential facilities?'
or "urban infill, urban redevelopment and downtown revitalization areas", as
defined within the Broward County Land Use Plan shall be exempt form this
Policy.
Policy 2.04.04
To allow both the public and private sector to respond to changing conditions
and permit the appropriate location of neighborhood commercial uses within or
adjacent to established residential neighborhoods, the Broward County Land
Use Plan shall permit up to 5% of the area designated residential within a
flexibility zone to be used for neighborhood commercial uses subject to Policy
13.01.10 and the restrictions identified within the Residential Permitted Uses
subsection of the Plan Implementation Requirements section of the Broward
County Land Use Plan.
CITY OF DANIA BEACH LAND USE PLAN
III. ANALYSIS REQUIREMENTS
® C. Land Requirements
October 20, 1999
CITY OF Dr1:`,\BENCH. FLORIDA
GROWT'cI 1\AANAGElIEN,DEP.-=,E,
PEON FOR PEZOND G.ND 2PL1CA7ON OF COVLtiIERC:.-\L F[7-=J7 i: OUC_iiZ -70`ii \'"G
S1. Permitted Uses for the City of Dania Eeach Land Use Plan
a. Residential Use
• Offices and retail sales of merchandise cr services. subject tc the following
limitations and provisions:
No more than a total of five (5%) percent of the area designated for residential
use on the Future Broward county Land Use Plan Map (Series) within a
flexibility zone may be used for offices and/or retail sales of merchandise or
services
No contiguous area used for offices and/or retail sales of merchandise or
services may exceed ten (10) acres. For the purposes of this provision,
contiguous is defined as: attached; located within 500 feet; or separated only
by streets and highways, canals and rivers or easements.
JUSTIFICATION FOR REZONING AND APPLICATION OF COMMERCIAL
FI_EXIBILITYTHROUGH REZONING
Since 1949 the Tropical Acres Restaurant, which is located within the City of
Dania Beach, has provided exceptional dining and entertainment to the residents
and tourists of the City of Dania Beach. Additionally, patrons of this restaurant
travel from all over Broward, Miami-Dade and Palm Beach Counties to enjoy
what the restaurant has to offer in terms of service, entertainment and food. The
® Tropical Acres Restaurant is the City of Dania Beach's and Broward County's
oldest Steak House and Seafood Restaurant.
Over the course of fifty years of operation there have been several interior
remodels of the restaurant along with upgrades and reconfigurations of the
existing parking facilities provided for patrons and employees. In addition, the
restaurant has increased in its popularity and as a result has seen a steady
increase in the amount of patrons choosing to dine at this location. It is this
steady increase in patronage that has led to some indoor capacity problems
along with parking difficulties for the restaurant.
In recent years the Tropical Acres Restaurant has acquired several different
properties to the south of the original southern property line of the restaurant.
The number of different properties acquired totals 5 and these properties
combined equal 1.09 acres. At this time, given the steady increase in patronage
to the restaurant and the parking difficulties this has created, the owners would
like to construct additional parking in this area in the short term with the intention
of expanding the restaurants' square footage in the long term. It is important to
note that the commercial flexibility through rezoning rule will be applied to an
additional .57 acres of the property in addition to the 1.09 acres described above,
totaling 1.66 acres. The purpose of applying the commercial flexibility through
rezoning rule to this additional .57 acres is to rectify the existing zoning
• designation conflict that appears on the City of Dania Beach's zoning map. It is
October 20, 1999 6
CITY OF DA,NiA BEACH.FLORIDA
GROWTH VIANAGEIIE:,'r DEP,4RTmEN i
PEON FOR REZONING A:ND APPLICATION OF CO&QvIERCL-IL FL.E:Mu.I;r THROUGH GH REZO-L FNG
® possible that this is a scriveners error,-however, the applicant would like to rectify
this conflict via a rezoning ordinance.
ADJOINING LAND USES
The adjoining land uses to the rear or southern 1 .66 acres of the property that is
the subject of this application of Commercial Flexibility through Rezoning request
are compatible with the intent of the City of Dania Beach's Community Business
(B-2) zoning designation (see EXHIBIT 111).
DIRECTION LAND USE DENSITY JURISDICTION
North Commercial (C) N/A City of Dania Beach
South Residential (L-5) 5 DU/AC City of Dania Beach
East Residential (L-5) 5 DU/AC City of Dania Beach
West Residential (LM) 10 DU/AC City of Dania Beach
ADJACENT ZONING DESIGNATIONS
The adjoining zoning designations to the rear or southern 1.66 acres of the
property that is the subject of this application of Commercial Flexibility through
Rezoning request are compatible with the intent of the City of Dania Beach's
Community Business (B-2) zoning designation (see EXHIBIT IV).
® DIRECTION ZONING DESIGNATION JURISDICTION
North Community Business City of Dania Beach
(B-2)
South One-Family Dwelling City of Dania Beach
(R-1 C)
East One-Family Dwelling — Parking City of Dania Beach
(R-1 P) and One-Family Dwelling
j (R-1 C)
West Two-Family Dwelling I City of Dania Beach
(R-2U)
CONCURRENCY ISSUES
Sanitary Sewer
The subject property utilizes an existing septic system for sanitary collection and
disposal. At this time, this request is for additional parking for an already existing
restaurant use. Therefore, there will be no added impact to the existing septic
system.
Potable Water
Broward County currently provides potable water service to the subject property.
® At ' this time, this request is for additional parking for an already existing
October 20, 1999 7
CITY OF DANiA BEACH. FLORMA
GROWTH iV1-\NAGEMENT DEP:,\R7MEv i
PETITION FOR REZONLNG,�:V'D APPLICATION OF CON&ERCIAL F=-=a..::I T::20liGH RrzcN,DiG
® restaurant use. Therefore, at this time there is no need for additional potable
water capacity or service for the subject property.
Recreation and Open Space
By rezoning the portion of the property that is subject to this request to the City of
Dania Beach's Community Business (B-2) zoning district from the Broward
County R-1 C (One-Family Dwelling) zoning district, there will be less residential
population impact on the City's Recreation and Open Space requirement.
Drainage
Currently the subject property utilizes an exfiltration type drainage system. This
exfiltration type drainage system will be expanded upon to accommodate the
additional impervious area created by the new parking area.
Roadways
The subject property fronts on Griffin Road, which is a six (6) lane divided arterial
roadway with 120 feet of right-of-way according to the Broward County
Trafficways Plan. The entire subject property including the rear or southem 1.09
acres that is the subject of this request is located within the Broward County
Transportation Concurrency Exception Area (TCEA). This provision allows
® exceptions to the transportation concurrency requirement in specifically defined
urban areas of a jurisdiction. The exceptions provide flexibility for concurrency
management in order to encourage the application of a wide range of planning
strategies that correspond with local circumstances of a specific geographic area.
The exception applies to all land uses and developments and types of facilities
within expressly excepted areas.
At this time, this request is for additional parking for an already existing
restaurant use. Therefore, in theory there would be no additional trips added to
Griffin Road. However, the following table provides level of service information
regarding the segment of Griffin Road, which fronts the subject property. Level
of Service (LOS) D has been adopted for all Broward County arterial Roadways.
ROADWAY SEGMENT 1 1997 1997 1 1997 1997
VOLUMES CAPACITY V/C LOS
j Griffin Road I East of SR 7/US 441 1 31,332 53,700 .58 B
SOURCE: Broward County Comprehensive Plan, Transportation Element 1997
As the above table indicates the roadway segment of Griffin Road east of SR
7/US 441 is currently handling 31,332 trips per day (TPD). The established LOS
D volume for this segment of Griffin Road is 53,700 TPD. Therefore, the current
volume to capacity ratio (V/C) is .58. This results in a current operating LOS of
B.
October 20, 1999
CITY OF DA.`IIA BEACH, FLORIDA
GROWTH VL-'L AGEmE,:,�'I'DEPARTMEN i
PETITION FOR RFZONTNG AND APPLICA l ION OF CO�LMERCIAL F Ly= .7 71MOUGH REEOv1i+"G
Schools
By rezoning the portion of the property that is subject to this request to the City cf
Dania Beach's Community Business (B-2) zoning district from the Broward
County R-1 C (One-Family Dwelling) zoning district, there will be less residential
population impact on the Broward County School system.
M:\MUNIC\99-0781\TropAcrtlexrezonreo.dcc
•
October 20, 1999 9
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on February 22,
2000 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center,
100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which
might be made to a request, as follows:
1) VA-83-99: Variance request by Joseph Mancusi from Chapter 28, Zoning, Article 6.21 Schedule of Off-Street Parking
Requirements, to allow for a reduction in the number of parking spaces from 7 to 4; and Chapter 26, Article IV
Landscaping, Section 26-47 Vehicular Use areas to allow a reduction in the depth of the perimeter islands. This
request is in conjunction with a site plan to improve the parking and landscape area for the existing retail business
located at 227 North Federal Hwy., Dania Beach (Downtown Redevelopment District.) Legally described as Lot 12,
less the north 8.00 feet together with the north 49.00 feet of lot 13 in block 1 of"Town of Modelo" Plat Book "B" Page
49 of the Public Records of Dade County, Florida, less the east 8.00 feet thereof for road right of way. Said lands lying
and being in Broward County Florida.
2) SE-103-99 — Special Exception request by Nick Blount for Florida Power and Light Company for property located at
approximately the north side of SW 36th St. between SW 26th Terr. and SW 30th Ave. (2801 SW 36th St.) to allow for
the construction and operation of an electrical substation by FPL Company. Legally Described as: The east 400 feet
of the west 700 feet of the south one-half (S 1/2) of the southeast one-quarter (SE 1/4) of the southwest one-quarter
(SW 1/4) of Section 20, Township 50 South, Range 42 East, Said lands lying and being in Broward County, Florida.
Containing 273,308 square feet(6.2743 acres, more or less).
3) RZ-88-99 - Rezoning request by Jack Studiale, owner Tropical Acres Restaurant from Residential R-1C /Commercial
B-2 to Commercial C-2 as described in the following ordinance - AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA APPROVING THE REZONING REQUEST BY JACK STUDIALE, FOR PROPERTY LOCATED AT 2500
GRIFFIN RD. WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A
• COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION
OF THE NORTH 1.31 +/-ACRE PORTION FROM BROWARD COUNTY B-2 (COMMERCIAL) TO C-2
(COMMERCIAL) AND THE SOUTH 1.66 ACRE PARCEL FROM R-1C (RESIDENTIAL) TO THE CLASSIFICATION
OF C-2 (COMMERCIAL) USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
VA-99-99 — Variance request from Chapter 26 Vegetation; Article IV Landscaping - Sec. 26-43. Existing
nonconforming vehicular use areas. Existing vehicular use areas which do not comply with this article shall be brought
into conformity with these regulations when the total square footage of the vehicular use area is increased or
decreased by ten (10) percent and / or when there is a structural addition which increases the total gross floor area of
any existing building on the property more than five hundred (500) square feet. Legally described as a portion of
Tracts 8 & 9, Block 1 of the subdivision of Section 32, Township 50 South, Range 42 East, according to the plat
thereof as recorded in Plat Book 2, page 32, of the public records of Dade County, Florida, more fully described as
follows: Commencing at the Northwest corner of said Tract 8; thence South 0 6' 00"west on west line of said tract 8, a
distance of 35.00 feet to the point of beginning; thence due east a distance of 184.48 feet to a point of curve; thence
on a curve to the right, having a radius of 2236.83 feet, and a central angle of 3 42' 59", an arc distance of 145.09 feet
to a point on the east line of said tract 8; thence south 0 02' 37" west on said east line, a distance of 231.30 feet;
thence south 83 35 15 west a distance of 107.34 feet; thence due west a distance of 63.04 feet; thence south 0 06 00
west, a distance of 100.00 feet; thence due west a distance of 160.00 feet to a point on the west line of said tract 8;
thence north 0 06 00 east, on said west line, a distance of 120.87 feet; thence south 89 56 47 west a distance of 125
feet; thence north 0 06 00 east a distance of 209.25 feet; thence due east a distance o125.00 feet; thence north 0 06
00 east on the west line of said tract 8 a distance of 18.00 feet to the point of beginning. Together with a portion of
tract 8, block 1 of the subdivision of Section 32, Township 50 south, range 42 east, according to the plat thereof, as
recorded in Plat book 2, page 32, of the public records of Dade County, Florida, described as follows: Commencing at
the northeast (NE) corner of said tract 8; thence run south along the east line of said tract 8, a distance of 271.00 feet
to a point of beginning for this description; thence continuing southerly along said east line 120 feet; thence run
westerly parallel to the north line of said tract 8, a distance of 106.82 feet more or less to a point located 222.00 feet
east of the west line of said tract 8, thence run northeasterly 107.41 feet more or less to the point of beginning; and the
east 63.00 feet of the west 223.00 feet of the south 118.00 feet of the north 383.00 feet of tract 8, in block of the
subdivision of Section 32, Township 50 south, Range 42 east, according to the plat thereof, recorded in plat book 2,
page 32 of the public records of Dade County Florida said lands situate, lying and being in Broward County, Florida,
and containing 18,471 square feet or 0.4240 acres more or less.
0 4) Request by Robert I. MacLaren, Osborne & Osborne, PA & Cheri Lauria, Caulfield and Wheeler, representing Owner,
Nick Economos, Preseident Coed-Economos Properties, Inc.. Property located North of Stirling Road, on the East
Side of SW 18th Avenue and South of SW 1st ST., Dania Beach:
PL-97-99 — Request for preliminary plat approval "Hilton Gardens At Stirling Road" - AN ORDINANCE OF THE CITY
OF DANIA, FLORIDA, APPROVING THE "HILTON GARDENS AT STIRLING ROAD" PLAT, SUCH PROPERTY
BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "HILTON GARDENS AT STIRLING ROAD";
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
RZ-110-99— Request to rezoned the following described parcel from A-1 Agricultural to C-2 Commercial in conjunction
with a proposed 165-Room Hotel. - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY NICK ECONOMOS, COED-ECONOMOS PROPERTIES, INC., FOR PROPERTY
LOCATED AT STIRLING RD AND SW 18TH AVE. WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE
CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM A-1 (AGRICULTURE) TO THE
CLASSIFICATION OF C-2 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
5) PL-93-99— Request for preliminary plat approval by Brian Waxman, General Counsel for Lou Gaeta Development Co.
Property located on the Southwest Corner of Griffin and Ravenswood Roads, Dania Beach, FL. The "Gaeta Center"
Plat is being proposed in conjunction with a multi-tenant commercial development on approximately 3.99 acres. - AN
ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "GAETA CENTER" PLAT, SUCH PROPERTY
BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
® HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "GAETA CENTER"; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Information and copies of the proposed petition are available for viewing in the Growth Management Department, 100
West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday -
Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach,
FL 33004, (954) 924-3630, at least 72 hours prior to meeting.
Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this
meeting or hearing will need a record of the proceedings and for such purpose 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.
Lou Ann Cunningham
Planning Technician /
Publish February 11, 2000
EXHIBIT I
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
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AGENDA ITEM NO. • eA
1. DATE OF COMMISSION MEETING: FEBRUARY 22, 2000
2. DESCRIPTION OF AGENDA ITEM: RZ-88-99 REZONING ORDINANCE -JACK
STUDIALE,TROPICAL ACRES RESTAURANT
3. COMMISSION ACTION BEING REQUESTED:
ADOPT ORDINANCE ON 2ND AND FINAL READING
4. SUMMARY EXPLANATION & BACKGROUND:
REZONING REQUEST FROM RESIDENTIAL R-1C/COMMERCIAL B-2 TO
COMMERCIAL C-2 USING THE 5% COMMERCIAL FLEXIBILITY RULE (SEE ALSO
VA-99-99 AND SP-99-99)
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF REPORT
RESOLUTION
APPLICATION PACKAGE
PUBLIC HEARING NOTICE
LOCATION MAP
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval at their meeting held
on January 26, 2000
City Commission approved ordinance on first reading February 8, 2000
J
Submitted by:
Laurence G. Leeds,AICP, Director Date 02/15/2000
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: MICHAEL SMITH, CITY MANAGER
FROM: LEIGH R. KERR, AICP, PLANNING CONSULTANT
DATE: February 16, 2000 (Second Reading)
APPLICANT: Craig Smith and Associates, representing Jack Studiale,
Owner, Tropical Acres Restaurant.
REQUEST: RZ-88-99 - Rezoning request by Craig A. Smith and
Associates for Jack Studiale, Owner, Tropical Acres
Restaurant. The request is to rezone the property(s) from
Residential R-1 C/Commercial B-2 to Commercial C-2.
LOCATION: 2500 Griffin Road
EXISTING
ZONING: R-1 C/Commercial B-2
FUTURE LAND
USE: RESIDENTIAL (5)
PROPERTY SIZE: 1.66 ACRES +/-
The applicant submitted an application to use additional property located south
of the existing Tropical Acres Restaurant in order to expand the amount of
restaurant parking. The property is currently being used for unpaved parking.
No additional building square footage is proposed on the site. The applicant has
submitted several applications in order to implement the development plan as
follows:
1. Rezoning of the north 1.31 +/- acre portion of the existing restaurant
site from County B-2 to C-2.
2. Variance from Section 26-43 related to existing nonconforming parking
areas.
Page 1
TROPICAL ACRES 2-2-00
3. Rezoning of the proposed parking from County B-2 and R-1 C to C-2
using the 5% commercial flexibility rule.
4. Site plan approval.
At this meeting, the rezoning requests are being considered on first reading. At
the February 22, 2000 meeting, the variance and site plan will be reviewed.
1. Rezoning From County B-2 to C-2
The zoning on the north 126+/- feet of the existing acre restaurant site is
County B-2. The applicant requests that this 1.31+/- acre portion of the
existing restaurant site be rezoned from County B-2 to City of Dania Beach
C-2. Parcels located immediately north, east, and west are also zoned
County B-2 and the parcel south of the subject site is proposed for a parking
lot expansion to serve the existing restaurant. This rezoning is consistent
with the existing Commercial Land Use Plan designation. The C-2 district is
the least intense commercial district that allows free-standing restaurants.
This rezoning is compatible with the current and proposed development
pattern in the area.
2. Rezoning from R-1 C to C-2 Using 5% Commercial Flexibility Rule
The 1.66 acre parcel containing the rear of the restaurant and the proposed
parking area is currently zoned Broward County R-1 C and the land use plan
designation is Low (5) Residential. The applicant requests that this 1.66 acre
parcel be rezoned to C-2 using the 5% Commercial Flexibility Rule for the
purpose of expanding the restaurant parking lot and rectifying the conflict
between the existing restaurant use and the current R-1 C zoning. The
existing land use plan and zoning designations for the property surrounding
the proposed parking lot site are provided below:
Zoning Land Use
North B-2 (C-2 Commercial
proposed)
East R-1 P, R1 C Low (5) Residential
South R-1 C Low (5) Residential
West R-2U Low Medium (10) Residential
Page 2
TROPICAL ACRES 2-2-00
As mentioned above, the C-2 district is the least intense commercial district
that is appropriate for this development plan. All the permitted uses in the C-
2 district are neighborhood commercial uses or are permitted in the
residential land use category.
Staff Recommendation:
1. Staff recommends approval of the rezoning ,of the northern portion of the
existing restaurant parcel from Broward County B-2 to Dania Beach C-2.
2. Staff recommends approval of the proposed C-2 rezoning and the allocation
of commercial flexibility to the rear of the restaurant and parking area
provided that final City Commission approval is subject to recertification of the
City of Dania Beach Comprehensive Plan
(Please note the City's plan was recertified by the Broward County Planning
Council at its January 27, 2000 meeting).
Planning and Zoning Advisory Board: Approval.
9918rrROPICAL ACRES-2-2-00
Page 3
TROPICAL ACRES 2-2-00