HomeMy WebLinkAboutO-2004-038 St.Clair rezoningORDINANCE NO. 2004-038
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST BY MARK KIESER, WITH
CRAVEN THOMPSON & ASSOCIATES, REPRESENTING STEPHEN ST.
CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE OF NW 9TH
AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE (SOUTH OF 901
GRIFFIN ROAD - COMPETITION CYCLE CENTER) 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 C-
3 (COMMERCIAL) TO THE CLASSIFICATION OF C-4 (COMMERCIAL),
SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28 "Zoning," Article I I "Notice and Application
Process," of the Dania Beach Code of Ordinances ("City Code"), Mark Kieser, Craven
Thompson & Associates, representing Stephen St. Clair (the "Applicant") has applied to the City
of Dania Beach, Florida (the "City"), for approval of a rezoning from C-3 (Commercial) District
to C-4 (Commercial) District, for property legally described in Exhibit "A" (the "Property"); and
WHEREAS, Public notice was provided in accordance with law; and
WHEREAS, The Planning and Zoning Board of the City, sitting as the Local Planning
Agency, reviewed this request at its September 15, 2004 meeting, and voted to recommend
approval of this request; and
WHEREAS, The City Commission finds that the proposed rezoning is consistent with
the City's comprehensive plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Findinl4s. The foregoing Whereas clauses are hereby ratified and
incorporated as the legislative intent of this Ordinance.
Section 2. Approval of RezoninjZ.That the rezoning request filed by Mark Kieser,
Craven Thompson & Associates representing Stephen St. Clair, for property legally described in
Exhibit "A", a copy of which is attached to this ordinance and which is located on the west side
I ORDINANCE NO. 2004-03 8
of NW 9"' Avenue between NW 3 Place and NW 3 Terrace (South of 901 Griffin Road -
Competition Cycle Center) within the City of Dania Beach, Florida, is granted and the property is
rezoned from its present zoning classification of C-3 (Commerical) to C-4 (Commercial) zoning
classification.
Section 3. Conflicts. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance arerepealed.
Section 4. Severability. That if any section, clause, sentence or phrase of this ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. Effective Date. That this ordinance shall be effective immediately at
adoption on second reading.
PASSED and ADOPTED on first reading on October 26, 2004.
PASSED and ADOPTED on second reading on November 9, 2004.
---ATTEST:
-LOU.ISE STIf SON
,-C-1-T-Y-CLERK
C.K. MCELYE,�r/
MAYOR - COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
VICE -MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: h"'-' kv �j
THW�0. . PWS-BRO
CITY ATTORNEY
2 ORDINANCE NO. 2004-03 8
EXHIBIT'A'
Legal Description:
A PORTION OF THE WEST '/4 OF THE NORTH V2 OF THE SOUTHWEST '/4 OF THE
NORTHWEST '/4 OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, IN
BROWARD COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT A POINT ON THE EAST LINE OF THE WEST '/40F THE
SOUTHEAST'/4 OF THE NORTHEAST V4 OF SECTION 33, SAID POINT BEING THE
NORTHEAST CORNER OF BLOCK 1, SUN GARDENS FIRST ADDITION, AS
RECORDED IN PLAT BOOK 30, PAGE 21, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; THENCE RUN NORTHERLY ALONG THE EAST LINE OF SAID
WEST3/4OF THE SOUTHEAST 1/4, OF THE NORTHEAST 1A OF SECTION 33, NORTH 00-
01' 40", A DISTANCE OF 3.00 FEET; THENCE RUN EASTERLY, NORTH 88' 58' 29"
EAST A DISTANCE OF APPROXIMATELY 336.26 FEET TO A POINT ON THE WEST
LINE OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST AND THE POINT OF
BEGINNING; THENCE NORTH 00' 04' 46" EAST ALONG SAID WEST LINE A
DISTANCE OF 260.05 FEET TO THE SOUTHWEST CORNER OF "GRIFFIN
COMMERCIAL PLAT" AS RECORDED IN PLAT BOOK 102, PAGE 28 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 88 ' 58' 10" EAST
ALONG SOUTH LINE OF SAID "GRIFFIN COMMERCIAL PLAT" A DISTANCE OF 551.51
FEET TO THE NORTHWEST CORNER OF PARCEL AS RECORDED IN OFFICIAL
RECORDS BOOK 3 1316, PAGE 1024 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; THENCE SOUTH 00' 13' 19" WEST TO THE SOUTHWEST
CORNER OF PARCEL IN SAID OFFICIAL RECORDS BOOK 3) 1316, PAGE 1024 A
DISTANCE OF 30.01 FEET; THENCE NORTH 88' 58' 10" EAST TO A POINT ON THE
EAST LINE OF SAID WEST3/40F THE NORTH '/20F THE NORTHWEST/4OF SECTION
34, TOWNSHIP 50 SOUTH, RANGE 42 EAST SAID POINT ALSO BEING THE
SOUTHEAST CORNER OF SAID OFFICIAL RECORDS BOOK 31316, PAGE 1024 A
DISTANCE OF 450.11 FEET; THENCE SOUTH 00' 13' 19" WEST ALONG SAID EAST
LINE A DISTANCE OF 230.05 FEET; THENCE SOUTH 88' 58' 10" WEST A DISTANCE
OF 1000.97 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN
CITY OF DANIA, BROWARD COUNTY, FLORIDA. CONTAINING 5.7 ACRES +/-.
3 ORDINANCE NO. 2004-03 8
0
is
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: NOVEMBER 9,2004
2. DESCRIPTION OF AGENDA ITEM: CONSENT AGENDA - REZONING REQUEST RZ-53-02
(COMPETITION CYCLE)
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2 ND READING 0
4. SUMMARY EXPLANATION & BACKGROUND: REQUEST BY MARK KIESER, WITH CRAVEN
THOMPSON & ASSOCIATES, INC. REPRESENTING STEPHEN ST. CLAIR, FOR REZONING
REQUEST APPROVAL FROM C-3 (COMMERCIAL) TO C-4 (COMMERCIAL) FOR PROPERTY
LOCATED ON THE WEST SIDE OF NW 9 AVE AVENUE BETWEEN NW 3 PLACE AND NW 3
TERRACE.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Ordinance
Staff Report
Application
Public Hearing Notice/Location Map
Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director
Community Development Department
City Manager
Amount: $-
Date: October 28, 2004
Date
E
1-1
0
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
November 9, 2004
TO: Planning and Zoning Advisory Board
FROM: Laurence Leeds, AICP, Director 4-1,:
Corinne Church, AICP, Principal Planner
SUBJECT: Request by Mark Kieser., with Craven Thompson & Associates.,
Inc.j, representing Stephen St. Claiir,, for a rezoning,, special
exception, sidewalk waiver, site plan, and variances for the
construction of an outdoor storage area located on the west
side of NW 9 Avenue between NW 3 Place and NW 3 Terrace.
REZONING (RZ-53-02) (SECOND READING):
Rezoning request from C-3 (Commercial) to C-4 (Commercial).
SPECIAL EXCEPTION (SE-54-02)
Special Exception request to permit outdoor storage on 5.7 acres in a C-4
Zoning District (Chapter 28, Zoning, Article 4.20 Schedule of Use Regulations).
VARIANCE (VA-54-02):
Variance request from Chapter 26, Vegetation, Article VI, Landscaping, to:
a) Waive 20% Vehicular Use Area (VUA) Landscape requirement.
b) Waive interior parking lot landscape islands requirements for that portion of
the site designated for outdoor storage.
c) Waive wheel stop and curb requirements.
SIDEWALK WAIVER (SW-53-04):
Waive sidewalk requirement along NW 9 Avenue.
SITE PLAN (SP-17-04):
The above requests are related to a site plan request for the proposed
construction of an outdoor storage area.
The subject property is zoned Commercial (C-3) and has a Future Land Use designation
of Commercial. The applicant is proposing to construct an outdoor storage area on
property located on the west side of NW 9 Avenue between NW 3 Place and NW 3
Terrace. The subject property is currently vacant and located under FPL high voltage
power lines. Adjacent zoning and land use is as follows:
ADJACENT PARCELS:
ZONING DESIGNATION AND LAND USE
Zoning
Physical Use
North
C-3
Warehouse,
Motorcycle Service
East
C-4
Vacant
South
RM (Multi -family)
Vacant
West
C-3
Outdoor Auto Parts
Storage
The applicant states the property will be used to store fully assembled vehicles,
recreational vehicles, sports utility vehicles, pick-up trucks, boats and boat trailers, as
well as jet skis and motorcycles setback at least 100 feet from the south lot line.
REZONING
Rezoning request from C-3 (Commercial) to C-4 (Commercial).
The applicant is requesting C-4 zoning in order to apply for a Special Exception to allow
outdoor storage. The current C-3 zoning does not permit outdoor storage. The
overhead FPL lines prohibit the construction of any building on this property. Under
ffieSe &CUM.5tances, and Wiffi proper landscaping and Special Exception restrictions,
staff supports the rezoning request
SPECIAL EXCEPTION
Special Exception request to permit outdoor storage on 5.7 acres in a C-4
zoning district.
Outdoor storage use is permitted in C-4 zoning districts via a Special Exception.
Therefore, such use may be compatible if certain criteria are met. These criteria are
identified in Section 10.12 of the City's Zoning Code.
As previously stated, FPL power lines located above this property prohibit the
construction of any buildings. Staff suPpolts the apolicant�� 5pecial Exception request
wlth proper landscaping and use restrIctlons as IndIcated In Exhibit A.
VARIANCES
a) Waive 20% Vehicular Use Area (VUA) Landscape requirement.
The Zoning Code requires 20% of the Vehicular Use Area (VUA) be provided in
landscaped islands within the VUA. The applicant has not indicated how much VUA
area is provided, although it appears to be approximately 10% - 12%.
Most of the provided landscaping is located around the perimeter of the site, instead
of in landscaped islands, in order to provide maximum buffering for adjacent
properties. Along the south lot line, a 17' — 19' buffer is provided to mitigate the
impact of the storage yard upon undeveloped multi -family property.
It should be noted that the applicant meets the 30% total pervious area
requirement. Again, most of the pervious area is located along the south lot line
(next to vacant multi -family residential) and east lot line (proposed retention area).
The code requires 171 trees be planted throughout the site. The applicant has
proposed 101 trees located almost entirely around the perimeter of the site. Most of
the trees would be located along the south and east lot lines.
b) Waive interior parking landscape islands in that portion of the site
designated for outdoor vehicle storage.
Approximately 25% of site (adjacent to NW 9th Avenue) is designed as a traditional
vehicle parking lot. The applicant complies with landscape island requirements for
this portion of the site. The applicant wishes to waive interior parking lot landscaping
for that portion of the site used for outdoor storage. The applicant indicates this is
necessary to allow on -site maneuvering of large recreational vehicles.
c) Waive wheel stop and curb requirements.
The applicant is requesting a partial wheel stop/curbing variance.
51al'f SuPPO& approval of tl7e above varlances subject, to complIance w&7 attacl7ed
Exl7ibit A.
SIDEWALK WAIVER
The City's Code of Ordinances require sidewalks to be constructed within the right-of-
way at time site improvements are made to the property. In this case a sidewalk is
required along the west side of NW V' Avenue.
The Broward Sheriffs Office recommends the waiver be granted (see attached
memo). The Public Services Director is suggesting that any waiver include a
provision whereby the property owner is required to construct the sidewalk when the
street is widened.
The applicant is proposing to construct an outdoor storage parking lot on 5.66 acres
of vacant commercial property. The plans submitted indicate that 70% of the site
will be paved vehicle storage space or parking and 30% of the site will be
landscaped open space. The applicant is providing 15 feet of landscaped area
adjacent to the east property line (NW 9th Avenue), 17' - 19' adjacent to the south
property line, 100 feet adjacent to the west property line and 5'— 18' adjacent to the
north property line.
0 REZONING:
SPECIAL EXCEPTION:
VARIANCES:
SIDEWALK WAIVER:
SITE PLAN:
Approval.
Approval, subject to conditions (Exhibit A).
Approval, subject to conditions (Exhibit A).
Approval, subject to the applicant, or their successor,
constructing the sidewalk when the street is widened.
Approval, subject to approval of zoning change, special
exception, variances, and Exhibit A conditions.
n �
Request by Mark Kieser, with Craven Thompson &
Associates, Inc., representing Stephen St. Clair,, for a
rezoning, special exception,, sidewalk waiver, site
plan,, and variances for the construction of an
outdoor storage area located on the west side of NW
9 Avenue between NW 3 Place and NW 3 Terrace."
EXHIBIT A: APPROVAL CONDITIONS
1. Use restrictions as indicated in Site Data Box on Sheet 1 of I (see attached).
2. Applicant to provide right-of-way easement for review and recording by City
Attorney prior to issuance of a building permit.
3. The applicant to provide a letter of approval/no objection from FPL regarding
prior to issuance of a building permit.
4. Paved area % reference on sheet SP-1 is not correct. Revise.
5. Landscape plan substitutions require review and approval of revised landscape
plan by city staff prior to installation.
6. Project may be phased as long as landscaping associated with each phase is
completed at the same time.
Acknowledged and Agreed:
Sign Name
Print Name
Date
0
Title
City of Dania Beach,, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645
Development Application
L) Assignment of Flex/Reserve Units
El Delegation Request
• Land Use Change
• Outdoor Seating
El Plat
0 Rezoning
3 Site Plan
;1 Special Exception
U Special Request
E) Trafficway Waiver
Al Variance
El Vacation Request
U Other
Date Recd:
Petition No.: ZSq— 11 — 0-
This application must be completed in full and submitted along with all necessary documents for it to be
processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA
UNTIL IT IS COMPLETE. Refer to the "Application Type" and "Required Documentation" checklist to
determine the supplemental documents required with each application. STAFF WILL PROVIDE THE
APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in
individual sets. Full sized plans submitted shall be signed and sealed by an architect registered In the
State of Florida, and other appmpdate design professionals. The applicant of record or their authorized
legal agent shall present pmjects to the pertinent board.
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. Once placed on an agenda,
the applicant or their authorized legal agent must be present at all meetings.
Location Address: N/A
Lot(s): N/A Block: N/A Subdivision: N/A
Recorded Plat Name: N/A
Folio Number(s): 5042 3400 0220 Legal Description: See Exhibit'A'
Present Zoning: C-3 Present Land Use: Commercial Explanation of Request: Site Plan Resubmittal
Prop. Net Acreage: +/- 5.7 Acres Gross Acreage:+/- 5.7 AcresProp. Square Footage: 246,695 Sq. Ft.
Value of Improvement: . Estd Date of Completion:
Will Project be Phased: No If yes, Estd Completion of each Phase:
Existing Use: Vacant - - Proposed Use: Outside Storage
0 JUL -9 2004
Name of Applicant/Consultant/Representative (circle one): Mark Kieser, Craven Thompson & Associates, Inc.
Address of Applicant: 3563 N.W. 53rd Street, Fort Lauderdale, FL 33309-6311
Business Telephone: (954) 739-2002 Home: N/A Fax: (954) 739-2266
Name of Property Owner: Stephen St. Clair
Address of Property Owner: 901 Old Griffin Road, Dania Beach, FL 33004
Business Telephone: (954) 920-7275, Home: N/A — Fax: (954) 925-2148
List any additional action (i.e. special exception, variance, rezoning, etc.) that may be needed to support
the proposed project: Re -Zoning (C-3 to C-4)
List all previous action that has occurred on this property: Vacant
NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn to and subscribed before me Applicant/Consultant/Representative:
This — day of _ 20
Sign Name of Notary Public
State of (
Print Name of Notary
Commission Expires:
Seal:
Signature:
Mark Kleser
(PrInt Name)
Date:
Craven Thompson & Associates, Inc.
3563 N.W. 53rd Street, Fort Lauderdale, FL 33309
Street Address, City, State and Zip Code
(954) 739-2002 / (954) 739-2266
Telephone No. & Fax No.
WHEN PETMONER IS NOT THE OWNER OF THE SUBJIECT PROPERTY, PLEASE COMPLETE
THE FOLLOWING:
This is to certify that I am the owner of subject lands described above and that I have authorized
(Applicant/Consultant/Representative) Craven Thomoson &Assodates, Inc. to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This "' /"day of J-5 �- '
200 SignatureA,. -�f e-,��Date: ')7
Stephen St. Clair
Sign Name of Notary Public (Print Name)
State of (,C" a J 4
Print Name of Notary
901 Old Griffin Road, Dania Beach, FIL 33004
Street Address, City, State and Zip Code
(954) 920-7275 / (954) 925-2148
Telephone No. & Fax No.
oW011 76
A
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RZ-�Y-0'2/SE-'5'41'627\��' 5'4'-02
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No rICE IS HEREBY G IV EN that a public hearing wil I be
held before the City Commission on Tuesday, Novem-
ber 9, 2004, at 7:00 p.m., or as soon thereafter as pos-
sible, in the City Commission Room, Administrative
Center, 100 West Dania Beach Blvd., Dania Beach, FL
33004, for the purpose of hearing any comments
which might be made to the following request�
Request by Mark Kieser, with Craven Thompson & As-
sociates, Inc., representing Stephen St. Clair, for
property generally located on the west side of NW 9
Avenue between NW 3 place and NW 3 Terrace, for the
following:
RZ-53-02 - Rezoning request from C-3 (Commercial) to
C-4 (Commercial): The ordinance reads as follows:
ORDINANCE NO. 2004-038 - AN ORDINANCE OF THE
CITY OF DANIA BEACH, FLORIDA APPROVING THE RE-
ZONING REQUEST BY MARK KIESER, WITH CRAVEN
THOMPSON & ASSOCIATES, REPRESENTING STEPHEN
ST. CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE
OF NW SITH AVENUE BETWEEN NW 3 PLACE AND NW 3
TERRACE (SOUTH OF 901 GRIFFIN ROAD - COMPETI-
TION CYCLE CENTER) WITHIN THE CITY OF DANIA
BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHiB-
IT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDI-
NANCE; CHANGING THE CURRENT ZONING CLASSIFI-
CATION OF THE PROPERTY FROM C-3 (COMMERCIAL)
TO THE CLASSIFICATION OF C-4 (COMMERCIAL), SUB-
JECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
SE-54-02 - Special Exception request to permit out-
door storage of 5.7 acres in a C-4 Zoning District.
(Chapter 28, Zoning, Article 4.20 Schedule of Use Reg-
ulations)
VA-54-02- Variance request from Chapter 26, Vegetar
tion, Article VI, Landscaping, to:
a) Waive 20% VUA Landscape requirement
) Waive interior parking lot landscape islands re-
quirements for that portion of the site designated for
outdoor storage.
c) Waive wheel stop and curb requirements.
Sidewalk Waiver (SW-53-04): Waive sidewalk require-
Iflent along NW 9 Avenue.
IThe above requests are related to a site plan request
':(SP-17-04) for the proposed construction of an out-
cloor storage area.
The property is legally described as: A portion of the
West 3/4 of t he North 1/2 of the Southwest 1/4 of the
Northwest 1/4 of Section 34, Township 50 South,
Range 42 East, in Broward County, Florida, and more
particularly described as follows: COMMENCE at a
point on the East line of the West 3/4 of the Southeast
1/4 of the Northeast 1J4 of Section 33, said point be-
ing the Northeast corner of Block 1, Sun Garden,.; First
Addition, as recorded in Plat Book 30, Page 21, of the
Public Records of Broward County, Florida; THENCE
run Northerly along the East line of said West 3/4 of
the Southeast 1/4, of the Northeast 1/4 of Section 33,
North 00 deg 01 inin 40 sec, a distance of 3.00 feet;
THENCE run Easterly, North 88 deg 58 min 29 sec East
a distance of approximately 336.26 feet to a point on
the West line of Section 34, Township 50 South, Range
42 East and the POINT of BEGINNING; THENCE North
00 deg 04 min 46 sec East along said West line a dis-
tance of 260.05 feet to the Southwest corner of Griffin
Commercial Plat as recorded in Plat Book 102, Page
28 of the Public Records of Broward County, Florida;
THENCE North 88 deg 58 min 10 sec East along South
Line of Said Griffin Commercial Plat a distance of
551 51 feet to the Northwest corner of parcel as re-
corded in Official Records Book 31316, Page 1024 of
the Public Records of Broward County, Florida;
THENCE South 00 deg 13 min 19 sec West to the
Southwest corner of parcel in said Official Records
Book 31316, Page 1024 a distance of 30.01 feet;
THENCE North 88 deg 58 min 10 sec East to a point on
the East line of said West 3/4 of the North 1/2 of the
lNorthwest 1/4 of Section 34, Township 50 South,
Range 42 East said point also being the Southeast cor-
ner of said Official records book 31316, Page 1024 a
distance of 450.11 feet, THENCE South 00 de 13 min
19 sec West along said East line a distance .1 230.05
feet THENCE South 88 deg 58 min 10 sec West a dis-
tan�e of 1000.97 feet to the POINT OF BEGINNING.
Said lands lying and being in City of Dania, Broward
County. Florida. Containing 5.7 acres +/-.
Copies of the proposed petition are available for view-
ing in the Department of Community Development,
100 West Dania Beach Blvd., Dania Beach, Florida be-
tween 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 Louise Stilson,
City Clerk, 100 W. Dania Beach Blvd, Dania Beach,,FL
33004, and (954) 924-3622, at least 48 hours prior to
meeting.
Any person who clecides to appeal any decision made
by the Planning and Zoning Advisory Board or the city
Commission with regard to any matter considered at
this meeting or hearing will need a record of the pro-
ceedings 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
Mi AIi.f.
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
November 9, 2004, at 7:00 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 the following request:
Request by Mark Kieser, with Craven Thompson & Associates, Inc., representing Stephen St. Clair, for property
generally located on the west side of NW 9 Avenue between NW 3 place and NW 3 Terrace, for the following:
RZ-53-02 - Rezoning request from C-3 (Commercial) to C-4 (Commercial): The ordinance reads as follows:
ORDINANCE NO. 2004-038 - AN ORDINANCE, OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST BY MARK KIESER, WITH CRAVEN THOMPSON &
ASSOCIATES, REPRESENTING STEPHEN ST. CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE
OF NW 9TH AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE (SOUTH OF 901 GRIFFIN ROAD -
COMPETITION CYCLE CENTER) 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 C-3 (COMMERCIAL) TO THE
CLASSIFICATION OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
SE-54-02 - Special Exception request to permit outdoor storage of 5.7 acres in a C4 Zoning District. (Chapter 28,
0 Zoning, Article 4.20 Schedule of Use Regulations)
VA-54-02- Variance request from Chapter 26, Vegetation, Article VI, Landscaping, to:
a) Waive 20% VUA Landscape requirement
b) Waive interior parking lot landscape islands requirements for that portion of the site designated for outdoor
storage.
c) Waive wheel stop and curb requirements.
Sidewalk Waiver (SW-53-04): Waive sidewalk requirement along NW 9 Avenue.
The above requests are related to a site plan request (SP-17-04) for the proposed construction of an outdoor
storage area.
The property is legally described as: A portion of the West 3/4 of the North V2 of the Southwest '/4 of the
Northwest 1/4 of Section 34, Township 50 South, Range 42 East, in Broward County, Florida, and more
particularly described as follows: COMMENCE at a point on the East line of the West '/4of the Southeast 1/4 of
the Northeast '14 of Section 33, said point being the Northeast comer of Block 1, Sun Gardens First Addition, as
recorded in Plat Book 30, Page 21, of the Public Records of Broward County, Florida; THENCE run No-therly
along the East line of said West 1/4 of the Southeast 1/4, of the Northeast '/4 of Section 33, North 00* 01' 40", a
distance of 3.00 feet; THENCE run Easterly, North 88* 581 29" East a distance of approximately 336.26 feet to a
point on the West line of Section 34, Township 50 South, Range 42 East and the POINT of BEGINNING;
THENCE North 00* 04' 46" East along said West line a distance of 260.05 feet to the Southwest comer of
"Griffin Commercial Plat" as recorded in Plat Book 102, Page 28 of the Public Records of Broward County,
Florida; THENCE North 88 * 58' 10" East along South Line of Said "Griffin Commercial Plat" a distance of
0
551.51 feet to the Northwest comer of parcel as recorded in Official Records Book 31316, Page 1024 of the
Public Records of Broward County, Florida; THENCE South 00' 13' 19" West to the Southwest comer of parcel
in said Official Records Book 31316, Page 1024 a distance of 30.01 feet; THENCE North 88* 581 1011 East to a
point on the East line of said West 3/4 of the North V2 of the Northwest 1/4of Section 34, Township 50 South,
Range 42 East said point also being the Southeast comer of said Official records book 31316, Page 1024 a
distance of 450.11 feet; THENCE South 00* 13' 19" West along said East line a distance of 230.05 feet;
THENCE South 88* 58' 10" West a distance of 1000.97 feet to the POINT OF BEGINNING. Said lands lying
and being in City of Dania, Broward County, Florida. Containing 5.7 acres +/-.
Copies of the proposed petition are available for viewing in the Department of Community Development, 100
West Dania Beach Blvd., Dania Beach, Florida 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 Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and
(954) 924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or 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 Associate
Notice Date: October 29, 2004
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