HomeMy WebLinkAboutR-2003-156 VA-36-03 Courtyard by Marriott Sign Variance RESOLUTION NO. 2003- 156
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY COLLINS SIGN, INC.,
REPRESENTING FINVARB HOSPITALITY, INC. (COURTYARD BY
MARRIOTT), FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, FOR
PROPERTY LOCATED 400 GULFSTREAM WAY, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code.of Ordinances, Chapter28, Article 28 sets sign
regulations for proposed developments within the City of Dania Beach; and
WHEREAS, Collins Signs, Inc., representing Finvarb Hospitality, Inc. (Courtyard By
Marriott) has applied for a variance (VA-36-03) from the following:
1) To allow a multiple tenant monument sign to exceed the maximum area of 72
square feet to allow an overall area of 74.4 square feet.
2) To allow a multiple tenant monument sign to exceed the maximum anchor
business sign area of six (6) square feet to allow an area of 25 square feet;
for property located at 400 Gulfstream Way, Dania Beach, Florida; and
WHEREAS, the Planning &Zoning Board on May 21, 2003, recommended that the
City Commission grant variance request VA-36-03 based upon the criteria set forth in
section 10.13 of Article 10, of Chapter 28, Zoning, 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-36-03, for variances as described above
(from requirements in Chapter 28, Zoning, Article 28, Signs), a copy of which is attached as
Exhibit"A" is approved, subject to the amendment of the Bass Pro/IGFA Agreement prior
to the issuance of the building permit.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
1 RESOLUTION NO. 2003-156
are repealed to the extent of such conflict.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 THIS 10TH DAY OFAOB
, 2
ANTON W'
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY -YES
CHARLENE J NSON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO ORM AND CORRECTNESS:
BY:
HO A J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2003-156
N10360423030436967500(1728x2192x2 tiff)(5]
02/12/2003 15:20 DANIA EEACH GMD 91?16?66204? NO.?a9 005
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Date stamp
- aPPucaTloN NUMBER: CITY OF DANIA BEACH APB 2 �^• �
V 4—3,6--o 3 10.0 WEST DANIA BEACH BLVD. .,�3
DANIA BEACH, FL 33004
(954)924-3645
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance of the parcel(s)of land described in this application.
NAME OF APPLICANT: Phone: — 5 ex- t3I-:
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ADDRESS OF APPLICANT: � n A r Fa . — —
PROPERTY INTEREST OF APPLICANT: S^t `�1J^V r
NAME AND ADDRESS OF PROPERTY OWNER: y\y `_—5ml o
• ADDRESS AND LEGAL&FOLIO OF SUBJECT PROPERTY:
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6233—
PRESENT ZONING: LOT SIZE/AREA: -2• 71 &cei I&A /69 -PJ yg-,z2��
PRESENT I PROPOSED USE OF PROPERTY:
DESCRIPTION OF VARIANCE(5): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED-PLEASE CONTACT THE ZONING DEPARTMENT
F R ASSISTANCE WTH THtc ZON R QULATIO ANp ARTICtt:Nt11648ERS}: ��
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LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
C!H CT„ATt' N e
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PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY, EACH R1:QUEST FOR A
VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY,
The following questions pertain to the criteria upon which the City Commission and Planning and Zoning/.
• Board will consider this applicalon.
1) Oescrite how special ccr.ditions and circumstarces exist which are peculiar to the land, structure or
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02/12/2003 15:20 DANIA BEACH GMD 4 917187662047 NO.749 906
2) Provide evidence that the'special conditions and circumstances do not result from the actions of the
applicant.
3) Describe how granting the requested vartance(s) wig not confer any special privilege on the applicant
that is denied by the zoning code to other lands, buildings or structures In this same zoning district.
4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district and would work
unnecessary and undue hardship on the applicant.
•
6) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land,building or structure.
6) Explain how the grant of the varience(s) will be in harmony with the general intent and purpose of the
zoning coda, and that such variance(s) will not be injurious to the area involved or otherwise
detrimental to the public welfare.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board In reviewing this request.
• •• tD O 00 O- O®a 0 0 O O P- w -s O O e s - -w O O a - -®s- - _ ® ®O s -P ^---- -v--- --v-
This is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(Complete only if applicable) I have also authorized the undersigned petitioner.
to make and file this application for variance.
• Si M7URE OF PROPERTY OWNER
STATE OFFLOF40A Print Name:
COUNTY OF ii1ROWARp
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FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY. THIS IS TO CERTIFY THAT I AM
THE OWNER OF THE S OVE IN THE APPLICATION FOR VARIANCE AND THAT
I HAVE AUTHORIZED _ Co��iNr 1T r, vC• TO MAKE AND FILE THE AFORESAID
APPLICATION.
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VARIANCE REQUEST - Signs
The Applicant is requesting a variance from Section 28.120(2)(a)(1) of the City's Code
which regulates the sign requirements in Industrial zoning districts. The Applicant is requesting
permission to install an additional monument sign on the Courtyard By Marriott Hotel Property
located within the Sportsman's Park complex(the"Pro "),and within the IROC zoning district,
and is providing the following information which satisfies the City's Variance criteria:
CRITERIA
1. Special conditions and circumstances. The special conditions and circumstances
relating to this Property are the Property's unique location as well as the Property's
length and shape. The Property is located within the Sportsman's Park development
complex("Sportsman's Park"),immediately west of 1-95,south of Griffin Road and
west of Tri-Rail. The only way to reach the Property is by entering the main entrance
of Sportsman's Park off Angler's Avenue and onto Gulfstream Way, winding
around the environmental mitigation area and the Tri-Rail station approximately one-
half mile. Because of the Property's location, length and shape, the Applicant is
requesting permission to install an additional monument sign to orient visitors to the
physical Property.
Once the visitor or guest enters Sportsman's Park,the road winds until it reaches the
northern portion of the Property. The Property is a triangular shaped parcel
consisting of 2.7 acres. The western portion of the Property along Gulfstream Way is
• its longest, with approximately 700 feet of frontage along the right-of-way.
Gulfstream Way curves at the northern part of the Property,making visibility of the
entire Property impossible. The Property is currently being developed as a Courtyard
By Marriott hotel and provides one(1)ingress point at the far southern end and one
(1) egress point at the far northern end of the Property. In addition, the site plan
provides for hedges and retention walls along the western portion of the Property at
heights ranging from three feet (Y) to four feet ten inches (4' 10"). Because the
Property has 700 feet of frontage along a road that curves,hedges and retention walls
that block the development, providing monument signs at each access point will
provide visitors appropriate signage and notification of the hotel.
Safety issues are also a reason the additional sign is being requested. Gulfstream
way only provides one(1)turning lane access into the Property as the visitor heads
south,although the egress access point(on the northern portion of the Property)will
be the first driveway visible to the driver. Providing two(2)signs will alleviate any
confusion of access points into the Property. Due to the Property's special conditions
and circumstances,its location,length and shape,and the fact that the Property is not
visible from outside Sportsman's Park, the additional sign is warranted.
2. The conditions and circumstances are not caused by Applicant. As stated above
the Property's special conditions and circumstances,its location within Sportsman's
Park and its length and shape, are not caused by the Applicant, but is part of the
overall development site of which the Property is a part. The hardship is unique,not
self-created and is not the result of disregard for or ignorance of the provisions of the
City's Code. However,the City's Code does not take into consideration properties
which are inside a unique development such as Sportsman's Park and require
adequate signage to notify potential visitors and guests.
3. No special privileges will be conferred to Applicant. Due to the Property's
location within Sportsman's Park, its triangular shape and 700 foot frontage along
Gulfstream Way, and given the development patterns in the IROC and the zoning
regulations on other properties in this zoning district, it is unlikely that another
applicant would be impacted by the approval for a variance from the sign
requirements. This Property and its sign requirements are unique and no special
privileges will be conferred to Applicant if the variance is granted.
4. Literal interpretation would deprive Applicant of rights. Literal application of
the City's Code regulating sign requirements for a hotel development in an Industrial
zoning district would deprive Applicant of rights commonly enjoyed by other
properties. The approved access points for the Property,one ingress and one egress,
are located approximately 300 feet apart along a curved road. If only one (1)
monument sign is permitted, the Property would lose valuable exposure to patrons
that other properties in the same zoning district would not encounter due to the
Property's special circumstances and conditions discussed above. With literal
interpretation of the sign requirements,the Property would incur an undue hardship,
as signage is of vital importance to the hotel industry and its customers. Not granting
the Applicant's request for the sign variance would cause unnecessary and undue
hardship on the Applicant and the Courtyard By Marriott hotel.
® 5. Variance requested is minimum variance needed. The requested variance is the
minimum variance necessary to accomplish the Applicant's development,due to the
many conditions and circumstances affecting the Property. The monument signs, if
the variance is granted,will be placed approximately 300 feet from each other along
a curved road. Allowing one additional monument sign on the Property will allow
visitors and guests to locate the hotel, making possible the reasonable use of the
Property.
6. Variance in harmony with zoning code. The variance is in harmony with the
general purposes of the City's Code and will not be injurious to the surrounding area
-or public welfare. The intent of the Code is to provide ample signage to inform
persons of the use on the Property and provide adequate signage to protect,warn and
notify persons of a use or hazard. Because the Property is within the large
Sportsman's Park complex and fronts approximately 700 feet of right-of-way along a
curved Gulfstream Way,the Applicant is requesting an additional monument sign to
be placed at its ingress access point.The installation of an additional monument sign
will not be injurious to the public welfare,and in fact,will benefit the public welfare.
One of the reasons the additional sign is being requested is for safety. Not having a
monument sign at each entrance could confuse the traveler heading south down
Gulfstream Way toward the Property. This variance will not only be in harmony
with,but will also advance the general purposes and intent of the City's Code.
® 2
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 06/10/3
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-36-03 VARIANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request by Collins Signs Inc., on behalf of the property owner Finvarb Group for property
located at 400 Gulfstream Way,for the Courtyard Marriott Hotel Dania Beach Blvd.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Color Rendering of Proposed Signs
Variance Application
Public Hearing Notices
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approved this request at their May 21,
2003 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date May 29, 2003
Growth Management Department
City Manager Date
•
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
DATE: June 10, 2003
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director G. G
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: VA-36-03: Collins Signs, Inc. on behalf of Finvarb Group, to
request sign variances for property located at 400 Gulfstrearn
Way(Marriot Courtyard — Bass Pro Site).
Variance:
1) To allow a multiple tenant directory sign to exceed the maximum area of 72
square feet to provide 74.4 square feet.
2) To allow a multiple tenant directory sign to exceed the maximum anchor
business sign area of six (6) square feet to provide 25 square feet.
The proposed signage is for the Courtyard Marriott which is currently under
construction. The property is located in an Industrial (IROC) zoning district.
The proposed off-site multiple tenant directory sign is located on Ravenswood Road at
the entrance of Sportsman Park. The directory exists and currently displays two (2)
tenant signs. The applicant is proposing to construct an addition to the sign structure
and a third (3) tenant sign panel. It is staffs understanding that the sign addition will
be constructed on the east side to the existing sign structure, however, no graphical
representation has been provided by the applicant.
The addition of the third tenant sign (Marriot) will exceed the total overall allowable
area by two and a half (2.5) square feet. This is a minimal variance necessary to
provide a sign panel consistent with the existing sign panels.
The Marriot tenant sign will be the same size and design as the existing tenant signs
(Bass Pro and IGFA). However, the Bass Pro/IFGA sign agreement will need to be
modified to accommodate the proposed monument sign expansion.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
On May 21, 2003, the Planning and Zoning Advisory Board recommended approval of
the requested variances subject to modification of the Bass Pro/IFGA sign agreement.
STAFF RECOMMENDATION
Approval, subject to the amendment of the Bass Pro/IFGA agreement prior to the
issuance of the building permit.
LEGAL DESCRIPTION
• COURTYARD BY MARRIOTT PARCEL
A portion of "THE NCL PLAT", according to the Plat thereof, as recorded in Plat Book
150, at Page 50, of the Public Records of Broward County, Florida, being more
particularly described as follows:
Commence at the Northwest corner of said Plat; thence run S 6043'38" W, along the
West line of said Plat, for 706.07 feet; thence run S 83°16'22" E for 78.00 feet to the
Point of Beginning; thence run N 8057'01"E for 119.59 to a point of curvature; thence
run Northeasterly, along a circular curve to the right having for its elements a central
angle of 54°22'12" and a radius of 167.54 feet, for an arc distance of 158.98 feet to a
point of reverse curvature; thence run Northeasterly, along a circular curve to the left
having for its elements a central angle of 44048'00" and a radius of 237.00 feet, for an
arc distance of 185.31 feet; thence run N 88020'45" E for 28.43 feet; thence run S
24022'23" W for 96.63 feet; thence run S 2045'02" E for 552.50 feet; thence run S
87°54'13° W for 271.11 feet; thence run N 604338" E for 270.18 feet to the Point of
Beginning; containing 118,110 square feet(2.71 acres), more or less.
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the,City Commission on Tuesday,
June 10, 2003 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 requests:
VA-36-03 - Collins Signs, Inc. on behalf of the property owner Finvarb Group is requesting sign
variances for the property located at 400 Gulfstream Way, for the Courtyard Marriott Hotel. The
sign variance requests are as follows:
1) To allow a multiple tenant monument sign to exceed the maximum area of 72 square feet to
allow an overall area of 74.4 square feet.
2) To allow a multiple tenant monument sign to exceed the maximum anchor business sign
area of six (6) square feet to allow an area of 25 square feet.
Property is legally described as: A portion of "THE NCL PLAT", according to the Plat thereof, as recorded
in Plat Book 150, at Page 50, of the Public Records of Broward County, Florida, being more particularly
described as follows:
Commence at the Northwest corner of said Plat; thence run S 6043'38" W, along the West line of said Plat,
for 706.07 feet; thence run S 83016'22" E for 78.00 feet to the Point of Beginning; thence run N 8057'01" E
• for 119.59 to a point of curvature; thence run Northeasterly, along a circular curve to the right having for its
elements a central angle of 54°22'12" and a radius of 167.54 feet, for an arc distance of 158.98 feet to a
point of reverse curvature; thence run Northeasterly, along a circular curve to the left having for its
elements a central angle of 44048'00" and a radius of 237.00 feet, for an arc distance of 185.31 feet;
thence run N 88°20'45" E for 28.43 feet; thence run S 24022'23" W for 96.63 feet; thence run S 2045'02" E
for 552.50 feet; thence run S 87054'13" W for 271.11 feet; thence run N 6043'38" E for 270.18 feet to the
Point of Beginning; containing 118.110 square feet (2.71 acres), more or less.
Copies of the proposed petition are available for viewing in the Growth Management 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 Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach,
FL 33004, and (954) 924-3630, 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 Technician
S Publish: Saturday, June 1, 2003
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