HomeMy WebLinkAboutR-2005-100 Regions Bank Sign Variance RESOLUTION NO. 2005-100
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY THE LAW FIRM OF BILZIN,
SUMBER, BAENA, PRICE & AXELROD, LLP. ON BEHALF OF THE
PROPERTY OWNER, REGIONS FINANCIAL CORPORATION, FROM
CHAPTER 28,"ZONING",ARTICLE 28,"SIGNS",FOR PROPERTY LOCATED
AT 499 SHERIDAN STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28,
"Signs", sets the signage regulations for businesses within the City of Dania Beach; and
WHEREAS,The law firm of Bilzin, Sumberg, Baena,Price &Axelrod, LLP, on behalf of
Regions Financial Corporation, has applied for a sign variance (VA-30-05) to allow:
a) 3 wall signs; Code allows 2 signs;
b) 54 square feet of sign area on the south where 44 square feet is allowed;
c) 54 square feet of sign area on the east where 23.5 square feet is allowed; and
d) 54 square feet of sign area on the east where no sign is allowed.
These signs would replace the existing"Union Planters Bank"signage at the property located
at 499 Sheridan Street, Dania Beach; and
WHEREAS,the Planning&Zoning Board on June 15,2005,recommended approval of 54
square foot wall signs on the east and west building elevations based upon the criteria set forth in
Chapter 28,"Zoning",Article,28,"Signs", Section 28.095 of the Code of Ordinances of the City of
Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-30-05, from the requirements in Chapter 28,
"Zoning", Article, 28, "Signs", is approved with the following conditions:
All three(3) signs as requested are permitted;provided,however,that the applicant will erect a
monument sign similar to the monument sign installed by Walgreen's drug store, located
immediately to the east of the subject property, if it can be demonstrated by the applicant that its
monument sign has not already been fabricated or substantial costs incurred in connection with an
order for its fabrication.Further,if the monument sign has not been fabricated or the costs incurred,
applicant agrees to install the name of the City of Dania Beach and the City logo on the monument
sign, subject to the approval of the Director of Community Development.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on June 28, 2005. Q""
/
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON- YES
' Fes COMMISSIONER BERTINO—OUT OF ROOM
LOUISE STILSON COMMISSIONER MCELYEA- YES
CITY CLERK VICE MAYOR FLURY-YES
MAYOR CASTRO -YES
APPROVED AS TO FO AND CORRECTNESS
BY:
THOMAS J MiT' , CITY ATTORNEY
2 RESOLUTION#2005-100
�--� AGENDA REQUEST FORM
CITY OF DANIA BEACH
�y
AGENDA ITEM NO. e
_ir
1. DATE OF COMMISSION MEETING: JUNE 28, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS—VA-30-05 WALL SIGN VARIANCE
REQUEST
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Carter McDowell, with the Firm Bilzin, Sumberg, Baena, Price & Axelrod, LLP. on behalf of the
property owner Regions Financial Corporation is requesting a sign variance for the property located
at 499 Sheridan Street, Dania Beach.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Variance Application
Public Hearing Notice
Location Map/Mailing List
Sign Details and Survey
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date June 16, 2005
Community Development Department
City Manager Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
' STAFF REPORT
DATE: June 28, 2005
TO: Ivan Pat, City Manager
VIA: Laurence Leeds, AICP, Director
Corinne Church, AICP, Principal Planner "
SUBJECT: VA-30-05: The applicant, Carter McDowell, Esq.
on behalf of the property owner Regions
Financial Corp., is requesting a variance to
allow additional wall signs at 499 Sheridan
Street.
VARIANCE
1. To allow three wall signs; code permits two wall signs.
• 2. To allow a sign with 54 square feet of sign area on the south
elevation; code permits a maximum 44 square feet.
3. To allow a sign with 54 square feet of sign area on the east elevation;
code permits a maximum of 23.5 square feet.
4. To allow a sign with approximately 54 square feet of sign area on the
west elevation (This sign prohibited; sign code only allows 2 wall
signs)
PROPERTY INFORMATION
ZONING: Commercial (C-2)
STREET FRONTAGE: Sheridan Street (5 lane road)
The subject property is an existing multi-tenant bank/office building located in
the north west corner of Sheridan Street and SE 5 Avenue.
The applicant. is requesting 54 square foot wall signs to be located on the west,
south and east building elevations. The code permits one wall sign per street
frontage. This means one sign on the Sheridan Street building elevation (44
square feet) and one wall sign on the SE 5t' Avenue building elevation (22
square feet). No wall signage is permitted on the west elevation of the building.
While the tree canopy does not block the view of any parapet, some trees
partially obscure the building from eastbound Sheridan Street traffic. Also, this is
a signature identification sign located on an office building that is setback 180
feet from the centerline of Sheridan Street.
Based on the above, staff can support a partial variance subject to the following:
(I)Two signs shall be permitted (one each for the east and west elevations).
(2)This variance is limited strictly to the business name, sign design, size,
and colors as proposed in the application. Variance shall not be
transferable to another business entity.
PLANNING AND ZONING BOAR® RECOMMENDATION
On June 14, 2005 the Planning and Zoning Board recommended two wall signs,
54 square feet, to be located on the east and west building elevations.
STAFF RECOMMENDATION
Approval of two wall signs, 54 square feet, to be located on the east and west
building elevations.
SILZIN SUI SERG BAENA PRicE: & AxE,LROD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIAT;CNS
200 SOUTH BISCAYNE BOULEVARD, SUITE 2500. MIAMI, FLORIDA 33 1 3 1-5340
TELEPHONE: (30S)374-7580 • FAX:(305)374-7593
E-MAIL: INFOQBILZIN.COM . WWW.BILZIN.COM
Curter N. HcDo)vell,Esq.
Direct Dial. (305)350-2355
Direct Facsimile:(305)351-2239
E-mail:cinedoweldahil;in.cnm
'SAY 2 4 C 0 5
May 23, 2005
Mr. Laurence Leeds
Director,Department of Community Development
Planning and Zoning Division
100 W. Dania Beach Blvd
Dania Beach, FL 33004
Re: .-application for a Sign Variance for 499 Sheridan Street
Dear Mr. Leeds:
• Please accept the attached application for a sign variance for the property located at 499
Sheridan Street (the "Property"). The Firm represents the property owner, Regions Financial
Corporation ("Regions").
The applicant hereby requests a sign variance to allow three wall signs of equal size on
three sides of the building. Regions merged with Union Planters National Bank in January, 2005
and Regions is merely seeking a change in copy from Union Planters National Bank to Regions
Bank. The size of the signs Regions is requesting is substantially smaller than the previously
existing Union Planters signs. Union Planters had three sets of 4 foot signs and Regions is
requesting three sets of 2 foot signs.
Pursuant to the criteria set forth in Section 10.13 of the Dania Beach Code, a variance is
appropriate. First, special conditions exist because the building faces a major highcr speed
roadway, Sheridan Street and the existing trees substantially obscure the view of the building.
Three signs of the same size on the eight story building would provide reasonable visibility for
the bank in this heavily trafficked area. The current code would not provide the visibility
necessary to safely communicate to the public the bank exists on the Property. Safety is
especially critical where a street is currently being widened, such as is the case with Sheridan
Street. Further, the special conditions do not result from the actions of the applicant. The
granting of the variance will not confer any special privilege to the property owner beCaLISC the
variance will simply provide reasonable visibility for the building in light of its size and its
location on a busy intersection to ensure the safety of those attempting to locate the bank. We
MIAMI 881903.1 7(i 1 G422150
5'23i05 11:51 AM
BILZIN SUMaERG SAENA PRI(- & AXELROD LL?
are requesting the minimum size necessary and the proposed signs are much smaller than the
existing signs. :Moreover, imposing the current requirements would cause an unnecessary and
undue hardship upon the property owner. The Property is an eight story bank building on a busy
street, the signs need to be large enough to be able to safely communicate to the public that a
bank is located on the Property. The current request is the minimum variance possible and will
make the best possible use of the land. The size of each sign is substantially smaller than the
previous signs (please see Exhibit "A") and will not overpower the public. The size of the signs
will promote aesthetic improvement and discourage visual blight and clutter. Finally, the
variance will be in harmony with the general intent and purpose of the code and will not be in
any way detrimental to the public welfare.
Thank you for your consideration of this application.
Sincerely,
Carter N. McDowell
CNM:ALD:id
NIIAN11881903.1 7616422150
5i23,o5 I I:51 ;V I
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat "AY 2 4
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.: VA-30- 0�
❑ Special Request
❑ Trafficway Waiver
❑ Variance
❑ Vacation Requests
X Other: Sian Variance
AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL
NECESSARY DOCUMENTS IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED.
IMPORTANT: THE APPLICANT OR THEIR AUTHORIZED LEGAL AGENT MUST BE PRESENT AT
ALL PLANNING AND ZONING BOARD AND CITY COMMISSION MEETINGS.
REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION" CHECKLIST TO
DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION.
Location Address: 499 Sheridan Street Dania Beach FL
Lot(s): Tract"A" Block: Subdivision:
Recorded Plat Name: Sandpiper Bay Commercial
Folio Number(s): 5142-03-CM0030 Legal Description: See Exhibit"A"
Applicanl/ConsultanULe9al Representative(circle one) Carter McDowell Esq.
Address of Applicant: 200 S. Biscayne Blvd., Suite 2500 Miami Fl_33131
Business Telephone: (305)350-2355 Home: Fax: (305)351-2239
Name of Property Owner: Regions Financial Corp.
Address of Property Owner: 417 N. 201h Street Birmingham,AL 35209
Business Telephone: (205)290-5384 Home: Fax: (205)290-5320
Explanation of Request: Sign variance to allow three wall signs all of the same size
MIAMI 381870.1 7616422150
5l12105 3:27 PM
Property Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: Office Proposed Use:.v Office
is property owned individually, by a corporation,or a joint venture? Corporation
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Repr ntative
This day of ti�A�, 20 0�
( Signature: /
Date:
Sign Name of Notary Public (Print Name)
State of
�rb el \o C- y'-k- aso0
Print Name of Notary Street Address, City, State and Zip Code I~( 3 S I j
Y COMMISSION M OD 113548
Commi n xpge�. c i) 3 ��4-—'n S U 3 14 7�
Seal: am,,dhw Telephone No.&Fax. No.
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have authorized
(Applicant/Consultant/Representative) to make
and file the aforesaid application.
Sworn to and subscribed before me Owner:
This day of , 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax. No.
M IAM 1881870.1 7616422150
5/12/05 3:27 PM
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name: U ion Planters Bank d/b/a Regions Bank
This 17 day of May 20_.0
Signature:
Date: / n
i
Qhl Sara B. Herald
gn Name of tary tubliceA (Print Name)
State of( FL )
Audra C. Carey 2800 Ponce de Leon Blvd Coral Gables- FI 33134
Print Name of Notary Street Address, City, State and Zip Code
" AUDRA C.CAREY
Commit rYPubft-StaIbofFbikk 305-774-5204 Office / 305-774-4597 Fax
�Carrgt�s7pn6
Seal: Comwnkftn 0 W 226812 Telephone No. & Fax. No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This day of , 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)**
State of( )
Print Narne of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax. No.
**Each partner must sign. Attach duplicate sheets as required.
M IAM 1881870.1 7616422150
5/12/05 3:27 PM
SOLE III
LEGAL DESCRIPTION OF PROJECT AREAe
PAGE�2 OF THE PUBLIC RECORDS OF BROWARD COMMERCIAL"
COUNTY, FLORIDA MO E PAR CUL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
PARTICULARLY DESCRIBED AS FOLLOWS.
117,
117
BEGINNING AT THE PERMANENT REFERENCE MONUMENT (P.R.M.) AT THE SOUTHEAST CORNER OF SAID TRACT "A" AS SHOWN ON
SAID PLAT; THENCE SOUTH 88'37'24" ',NEST ON A PLAT BEARING ALONG THE SOUTH BOUNDARY OF SAID TRACT "A", A DISTANCE
OF 164.85 FEET; THENCE NORTH 01'37'09" WEST AND PARALLEL WITH THE EAST BOUNDARY OF SAID PLAT A DISTANCE OF 265.00
FEET; THENCE NORTH 88'37'24" EAST AND PARALLEL WITH THE SAID SOUTH BOUNDARY OF TRACT "A" A DISTANCE OF 200.00
FEET TO AN INTERSECTION WITH THE EAST BOUNDARY OF SAID TRACT "A'; THENCE SOUTH 01'37'09" EAST ALONG SAID EAST
BOUNDARY A DISTANCE
.85F FEET
TANTHE ANGLE
POINT
BEGINNING.SAID
EAST BOUNDARY: THENCE SOUTH 43'30'07.5' WEST ALONG SAII
BOUNDARY A D STANCE OF 49.60
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 52.382 SQUARE FEE
(1.202 ACRES) MORE OR LESS.
NOTICE OF
UBLIC nEARGJG
,
?OF DANIA Lea j
VA- C U5 . i',e Irpr;.ent
.liCE IS HERL3Y :;;,;-I �,jan[, UiQ
u oat a public hearing Beach Blvd.,Dania
.gill :Je held before the Florida between th:r,:out S
City^I.ornmission on June of 8:00 a.m.and 4:00 p.m.,
23, 2005,at 7:00 p m,or Monday-Friday.Il:terast- U�� �C�� l
.is soon thereafter as pos- ed parties may appear :;t
;ible,in the City Commis- the public hearing.:;rid oe
>ion Room, Administra- heard with respect 'o .re
live Center, 100 West Da- proposed petition. ,I`
nia Beach Blvd.,. Dia In accordance with the
3each, Florida 33004,an for Americans With
tr.e purpose of hearing ties Act, persons
any comments which assistance to parry:
aught be made to the fol- in any of these pr,::
lowing request: ings should contact zc_:;C_l���l S F}r
VA 30.05 - Carter Louise Stilson,City Clark,
McDowell, with the Firm 100 W. Dania Beach Slvd,
Bilzin, Sumberg, Baena, Dania Beach, FL 3O04, v`u� _ Jam-
Price & Axelrod, LLP. on and (954) 924-3622, at t
cehalf of the property least 48 hours poor ;o
owner Regions Financial ineeting.
Corporation is requesting Any person whu de-
a sign variance for the tides to appeal any d;;ci-
property located at 499 Sion made by the City
Sheridan Street, Dania; Commission with re
gartl
(Beach. The request is to to any matter considered
allow: A) 3 wall signs; at this meeting or hearing
code allows 2 signs B) 54 I :will need a record of the
( quarefeetofsignareaon; proceedings and for >u,;h
the South where 44 purpose may need to en-
Iquare feet is allowed C)I sure that a veibatim
54 square feet of sign area record of the proceedings
on the east where 23.5! is made,which recorb in-
quare feet is allowed.. eludes the testimony Ind
(have signs would replace evidence upon whir) the
rile existing"Union Pant ,ppadl is to Lased.
ers Bnnk" signage.(Chap- Lou Ann Cunningham
ter 23,Zoning,Article 28- r!anning Associate
Signs) July 17,2005
Property ;s lagally de- — --
scribed as:That portion of
react 'A" of "Sandpiper
Bay C(.mmercial' accord-
:he plat tbook 1 ss
recec orc book ded in plat 17.
page" 2 of the public
12COrdS Of Bro'Ndl'd
County,Florida more par.
ticularly described its fol-
ows: Beginning at the
pe;marent reference
monun-ent(P.R.M.)at the
'Ieutttea4t corner of said
tract "A" as shown on
:;aid plat;thence south 33
37 24,,,est on a plat beat-
ing along the south boun-,
nary of said tract 'a,, A
:.Ir:ce of 14.85 i
..e north 01
:a.,nd parallel w:>h
i i;,.;noary Ot� .ti
!I tarce of 200.&1
:';once north 88 37`.1
Aid ;a,altel with tf,P
Loundary of rr-n;t
I,ljStance of 2C0 t: i
:.�,rn u;tersection v;Uh ihE
"BKt boundary or -.:;d
rra,:t'a";thence soruh0t
3109 east along sari
coundary a distan,;a
229.35 feet and
point in said east
!pry; hence south ,3 30
07,5 vest along -..I„i
bOund.uy a distance „r
19 0 'Pet to the ptrni '!
b,lginning,Said lands a,tu �
jre, lying and being n the
I: ity of Dania Br;,^;atd
icounty, Florida and ;on-
taining 52.3a2 squa::a•;et
'(1^02 .icres) mr,rrr, ;r
;s.
NOTICE.OF PUBLIC HEARING
CITY OF DANIA BEACH
• VA-30-05
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on June 28,
2005, 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:
VA-30-05 — Carter McDowell, with the Firm Bilzin, Sumberg, Baena, Price & Axelrod, LLP. on behalf
of the property owner Regions Financial Corporation is requesting a sign variance for the property
located at 499 Sheridan Street, Dania Beach. The request is to allow: A) 3 wall signs;code allows 2
signs B) 54 square feet of sign area on the south where 44 square feet is allowed C) 54 square feet
of sign area on the east where 23.5 square feet is allowed.. These signs would replace the existing
"Union Planters Bank" signage. (Chapter 28, Zoning, Article 28— Signs)
Property is legally described as: That portion of Tract "A" of "Sandpiper Bay Commercial" according to the
plat thereof as recorded in plat book 117, page 2 of the public records of Broward County, Florida more
particularly described as follows: Beginning at the permanent reference monument (P.R.M.) at the
Southeast corner of said Tract "A" as shown on said plat; thence south 88 37 24 west on a plat bearing
along the south boundary of said tract "a", A distance of 14.85 feet; thence north 01 37 09 west and parallel
with the east boundary of said plat a distance of 200.00 feet; thence north 88 37 24 east and parallel with
the said south boundary of tract "a" a distance of 200 feet to an intersection with the east boundary of said
tract "a"; thence south 01 37 09 east along said east boundary a distance of 229.85 feet and angle point in
said east boundary; thence south 43 30 07.5 west along said boundary a distance of 49.60 feet to the point
of beginning. Said lands situate, lying and being in the City of Dania Broward County, Florida and
containing 52.382 square feet (1.202 acres) more or less.
Copies of the proposed petition are available for viewing in the Community Development Department, 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 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: Friday, June 17, 2005
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E. I. T. HiOLGING FLAMING FLAPiliNG03 RESULTS 00;MP41Y
SUITE 205 SUITE 201 SUITE 203 & 204
499 SHERIDAN ST. 499 SHERIDAN ST. 499 SHERIDAN ST.
DANIA BEACH FL 330C4 DANIA BEACH FL 33004 DANIA BEACH FL 33004
MORTGAGE CLINIC SUCO INTERNATIONAL
SUITE 202 SUITE 210 CLOSING PROFESSIONALS
499 SHERIDAN ST. 499 SHERIDAN ST SUITE 300
DANIA BEACH FL 33004 DANIA BEACH FL 33004 499 SHERIDAN ST
DANIA BEACH FL 33004
APDC PETRI REALTY TRAVEL
UPLAY TRA
SUITE 301 SUITE 304 & 305 SUITES RA&
499 SHERIDAN ST. 499 SHERIDAN ST. 499 SHERIDAN 10
DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004
HARVEY LEAVITT HOLLY REEVES ALIG TECHNOLOGY GROUP
SUITE 312 SUITE 315 & 316 SUITES 317-A
499 SHERIDAN ST. 499 SHERIDAN ST. 499 SHERIDAN ST.
DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004
BETTER PERSONNEL MGMT
SUITE 319
499 SHERIDAN ST.
DANIA BEACH FL 33004