HomeMy WebLinkAboutR-2002-093 RESOLUTION NO. 2002- 093
• A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY GUNSTER, YOAKLEY &
STEWART, P.A., REPRESENTING FINVARB HOSPITALITY, INC.
(COURTYARD BY MARRIOTT), FROM CHAPTER 28, ZONING, FOR
PROPERTY LOCATED NORTH OF THE BASS PRO SHOPS 200-220
GULFSTREAM WAY AND THE IGFA MUSEUM 230 GULFSTREAM WAY,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, sets zoning
requirements for proposed developments within the City of Dania Beach; and
WHEREAS, Gunster, Yoakley&Stewart, P.A. representing Finvarb Hospitality, Inc.
(Courtyard By Marriott) has applied for a variance (VA-22-02) from the following:
1) Variance to construct a hotel with 0.75 parking spaces per room (1.5
parking spaces per room required for the first 25 rooms and 1.1 spaces per
room required above 25 rooms). (Chapter 28, Zoning, Section. 6.22)
2) Variance to construct a hotel with 18% pervious area (30% required).
(Chapter 28, Zoning, Section 29.10)
for property located north of the Bass Pro Shops 200-220 Gulfstream Way and the
IGFA Museum 230 Gulfstream Way, Dania Beach, Florida; and
WHEREAS, the Planning &Zoning Board on May 15, 2002, recommended that the
City Commission grant variance request VA-22-02 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-22-02, forvariances as described above
(from requirements in Chapter 28, Zoning), a copy of which is attached as Exhibit "A" is
approved, subject to the following conditions:
1 RESOLUTION NO. 2002-093
a) A $5,000 contribution to the City's Tree Fund for trees to be placed around
the lake.
b) Substitution of two (2) Gumbo Limbo trees with two (2) Live Oak trees.
c) Michael Sheridan, Public Works/Utilities Director, shall approve the final
drainage calculations for the site.
d) The name of Dania Beach to be shown wherever the geographic location of
the hotel appears.
e) The project shall include landscaping similar to the roadway treatments at
Bass Pro Outdoor World.
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are repealed to the extent of such conflict.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 THIS 251h D F J NE, 2002.
/4
ROBERT H. CHUNN, JR.
MAYOR — COMMISSIONER
AT ES ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
tfiARLENE k
JNSON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TQ FORM AND CORRECTNESS:
BY: QN�
THO AS �. ANSBRO
Is CITY ATTORNEY
2 RESOLUTION NO. 2002-093
1
tff S af-n1 iI
APPLICATION NUMBER: p
CITY OF DANIA BEACH
• �`� 100 WEST DANIA BEACH BLVD. �'. Lill,
DANIA DANIA BEACH, FL 33004 , I�1
(954) 924-3645 1
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: Finvarb Hospitality, Inc. Phone: (305) 866-7555
ADDRESS OF APPLICANT: 9425 Harding Avenue, Surfside, FL Fax: (305) 866-7515
PROPERTY INTEREST OF APPLICANT:
NAME AND ADDRESS OF PROPERTY OWNER: Three Johns Company, 2500 East Kearney,
Springfield, Missouri 658T8
ADDRESS AND LEGAL 8 FOLIO OF SUBJECT PROPERTY:
PRESENT ZONING: IROC LOT SIZE/AREA: 2.71 acres/118,110 sq. f t.
PRESENT/PROPOSED USE OF PROPERTY: vacant/hotel
DESCRIPTION OF VARIANCE (S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED -PLEASE CONTACT THE ZONING DEPARTMENT
FOR ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBERS):
Section 29.10
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
CmirtnP3. A. Callahan_ Es g_ - C nnatar, Ynakl ey & S ��art P A ,SM F R- rnward
Blvd. , Suite 1400 Ft. Lauderdale FL 33394 — (954) 468-1364
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST 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 application.
1) Describe how special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the same
zoning district.
See attached narrative.
EXH1957
"A"
• 2) Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant.
See attached narrative.
3) Describe how granting the requested variance(s) will 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.
See attached narrative.
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.
See attached narrative.
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or tructure.
See attached narrative.
• 6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the
zoning code, and that such variance(s) will not be injurious to the area involved or otherwise
detrimental to the public welfare.
See attached narrative.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request. N/A
- - -- - - - - - - - - ---- -- -- -- -- - - - - - - - - - - - - - - - -- - - - - - - - - - - --- -
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 varia ce.
SIGNATURE OF PROPERTY OWNER
STATE OF FLORIDA Print Name:
COUNTY OF BROWARD
a Zo b
The forgoing instrument was acknowledgedJWfore me on �01• Y
as[title] �'s�d r n of entity] F...���r.h +
a Florida Corporation,who is—_ ersonally known to me,or —produced
• as identification. _ �
My Commission Expires: — ----- NOT UBCiC—
::�: �'; _AHAN
•�� _ �1Y tn:a }''4 0 U37124
y. EXP(fsES �aardr5 2UC6
VARIANCE REQUEST - Parking Requirement
Finvarb Hospitality, Inc.(the"Applicant"),is requesting a variance from Section 6.21 of the
City's Code which regulates the parking requirements for development approval of a hotel 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 which provide the need for the parking variance are: (1)the
property's close proximity to the Fort Lauderdale/Hollywood Airport; and (2) the
property's participation in a development agreement with the owner of the adjacent
property.The provisions of the City's Code which regulate the parking requirements
for a hotel do not contemplate an "airport hotel", which attracts a very significant
number of guests without vehicles. The majority of hotel guests will either use the
hotel provided shuttle bus or a taxi for transportation, thus reducing the number of
parking spaces the hotel will actually need. In addition, the hotel will not operate a
separate dining service facility,which would also necessitate additional parking.The
only other"airport hotel"in Dania Beach parks at the same ratio as the applicant is
requesting: .75 spaces per room, and has operated without a parking problem for
years. The property is subject to a development agreement which requires certain
design elements and easements to be incorporated into the site plan. This property
is also unique due to its location squeezed between I-95 and the tri-rail railroad
tracks, both which have increased setback requirements.
2. The conditions and circumstances are not caused by Applicant As stated above
the property's special conditions and circumstances requiring the parking variance
are caused by a variety of unique situations,none which are caused by the Applicant.
An airport hotel which has less parking than the City Code requirements, is due to
its proximity to the hotel, not the result of disregard for or ignorance of the
provisions ofthe City's Code. However,the City's Code fails to provide regulations
by which an airport hotel without dining service operates. The Applicant did not
cause the unique conditions that are required under the development agreement to
which the property is subject.
3. No special privileges will be conferred to Applicant. Applicant's project is located
between I-95 and the tri-rail railroad, adjacent to Bass Pro Shops and the
International Game Fishing Hall of Fame. 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 parking
variance for an airport hotel project. There would be no special privilege conferred
upon Applicant, because the other airport hotel project mentioned above already
parks at .75 spaces per room.
• F!Rn7l _ 3 �,nn�
4. Literal interpretation would deprive Applicant of rights. Literal application of
the City's Code regulating parking spaces required for hotels would deprive
• Applicant of a substantial property right. Applicant has a substantial property right
to construct a facility within the bounds of the City's Code which will provide
adequate parking for the facility. Requiring the Applicant to provide over and above
the parking spaces needed for the hotel,which would reduce the development space
allowed for the structure, would create an undue hardship upon the Applicant.
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. Allowing a reduced
parking requirement will make possible the reasonable use of the property, without
losing valuable property rights. As stated above, a majority of the hotel guests will
use public transportation,such as taxis,or the hotel provided shuttle bus to take them
to and from the hotel.
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 parking for the intended
use of the property,a hotel. Based on Applicant's extensive experience with airport
hotels,Applicant is providing over and above the number of spaces actually needed
for the use. Again, because the hotel development is to be constructed in close
proximity to the airport and an existing tourist draw, the International Fishing Hall
• of Fame, and most guests will not have a vehicle to park, the variance from the
parking requirements will not be injurious to the surrounding area. The parking
variance will also allow Applicant to provide less surface parking which will help to
eliminate excess paved area. Therefore, this variance will not only be in harmony
with, but will also advance the general purposes and intent of the City's Code.
201324
2
VARIANCE REQUEST - Impervious Land Area Requirement
Finvarb Hospitality, Inc. (the "Applicant"), is requesting a variance from Section 29.10 of
the City's Code which regulates the impervious requirements for development approval of a hotel
and is providing the following information which satisfies the City's Variance criteria:
CRITERIA
1. Special conditions and circumstances The special condition and circumstance
relating to this property is the property's unique location to a permitted wetland area,
which is part of the overall development,thus reducing the pervious area necessary
for its proposed development. The property is located immediately adjacent to a
large pervious wetland preservation area, designed to naturally absorb and hold
rainfall. All stormwater from Applicant's property is directed to the wetland area.
The Applicant is providing the maximum amount of pervious area as possible on the
property, including green and open space and recreational areas. This property is
also unique due to its location squeezed between I-95 and Tri-Rail,both which have
increased setback requirements and special roadway conditions.
2. The conditions and circumstances are not caused by Applicant As stated above
the property's special conditions and circumstances, being adjacent to the large
wetland area, is 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 in
immediate proximity to wetlands and constrained by roads which provide access to
the entire development.
3. No special privileges will be conferred to Applicant. Applicant's project is located
between I-95 and the railroad,adjacent to Bass Pro Shops and the International Game
Fishing Hall of Fame. 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 pervious land
requirement. As stated above, this property is very unique due to its location
immediately adjacent to a wetland preserve.
4. Literal interpretation would deprive Applicant of rights. Literal application of
the City's Code regulating impervious land area required for development would
deprive Applicant of a substantial property right. Applicant has a substantial
property right to construct a facility within the bounds of the City's Code which will
provide adequate pervious area. Due to the adjacent wetlands immediately to the
west of the property, pervious area would exceed the City Code requirement.
Requiring the Applicant to provide additional pervious area, would-reduce nth
development space needed for the hotel, creating an undue Ii�i
Applicant.
I
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. Allowing a reduced
pervious requirement will make possible the reasonable use of the property,without
losing valuable property rights. As stated above, the adjacent wetlands area will
provide over and above the requirements for pervious land area to satisfy the intent
of the Code requirement to naturally absorb and hold rainfall.
6. Variance in harmony with coning 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 pervious area to
penetrate the ground and naturally absorb and hold rainfall. Again,because the hotel
development is to be constructed in adjacent to the wetlands area,the variance from
the pervious area requirements will not be injurious to the surrounding area. This
variance will not only be in harmony with,but will also advance the general purposes
and intent of the City's Code.
162342
LI �!
• 2
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 06/25102
2. DESCRIPTION OF AGENDA ITEM: VA-22-02 VARIANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request by Gunster, Yoakley & Stewart, P.A., representing Finvarb Hospitality, Inc.
(Courtyard by Marriott) for property located North of the Bass Pro Shops 200-220 Gulfstream Way
and the IGFA Museum, 230 Gulfstream Way, Dania Beach, Florida.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
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 at their May 15, 2002 Regular Meeting
Submitted by: Date
Laurence G. Leeds,AICP, Director June 5, 2002
Growth Management Department
Administrative Services/Risk Management Date
City Manager Date
•
GROWTH MANAGEMENT DEPARTMENT
• STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: VA-22-02 — Variance Requests by Finvarb Hospitality to Construct a 174
Room Marriot Courtyard Hotel (Property located directly north of the IGFA
Museum and east of the Dania Beach Tri-Rail Station):
a) Variance from Section 6.21 of the Zoning Code to construct a hotel
with 0.75 parking spaces per room (Required parking is based
upon 1.5 spaces per each room or suite for the first 25 rooms or
suites plus 1.1 spaces per room or suite for each room or suite
above 25 rooms).
b) Variance from Section 29.10 of the Zoning Code to construct a
hotel with approximately 18% pervious area (30% required).
SP-23-02 - Site Plan Request for a six story 174 Room Marriot Courtyard
Hotel.
DATE: June 25, 2002
The applicant has submitted a site plan for a 174 room hotel containing two meeting
rooms (1,800 square feet) and a 1,600 square foot dining room. The applicant indicates
the dining room will not be open to the general public and is intended for hotel guests.
With the exception of parking and pervious area variances, the site plan meets zoning
code requirements. Final landscape review is pending and will be presented at the City
Commission meeting.
PARKING VARIANCE
In 1984, the City Commission granted a parking variance to the Airport Hilton Hotel
located on Griffin Road. The City Commission reduced the hotel parking requirement
based upon the provision of airport shuttle service and the proximity of the hotel to the
airport:
Guest rooms: Reduced required parking by 40% (from 1.1 spaces to 0.65 spaces
per room).
Public restaurant: Reduced required parking by 65%.
COURTYARD MARRIOT COMM SP AND VARIANCE.doc
Staff has received no complaints concerning insufficient parking at the Airport Hilton.
Applied to the Marriot site plan, the Airport Hilton parking criteria would require 122
parking spaces. The Marriot site plan provides 131 parking spaces or roughly 0.75
spaces per quest room (Parking is not required for the dining area since it is not open to
the public).
PLANNING AND ZONING BOARD RECOMMENDATION
Approval of variances and site plan, subject to the following:
1) Operator's commitment to provide airport shuttle service.
2) Revisions to the landscape plan compatible with tropical landscaping at the
Bass Pro Facility and Tri-Rail Station.
3) Building roof color and material to be compatible with roofing at the Bass Pro
Facility and Tri-Rail Station.
4) Modifications to Gulfstream Way to allow inbound left turns at the westerly
entrance to the hotel and/or (if approved by Bass Pro) access through the
IGFA parking lot.
5) Dining room shall not be open to the public.
Staff has requested a color rendering be presented at the City Commission meeting.
Staff also suggests that applicant consider an alternative light pole design compatible
with Bass Pro.
COURTYARD MARRIOT COMM SP AND VARIANCE.doc
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NOTICE OF PUBLIC HEARING
0 CITY OF DANIA BEACH
N•CE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
Tuesday, June 25, 2002 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-08-02 - Request by Courtyard by Marriott for vacant property located North of the Bass Pro Shops
200-220 Gulfstream Way and the IGFA Museum 230 Gulfstream Way, Dania Beach, Florida for the
following variances:
1) r nce cons ct a 00 f of h tel (maximum 6 ed) an tution of
sha tree p tree .
2) Variance to construct a hotel with 0.75 parking spaces per room (1.5 parking spaces per room
required for the first 25 rooms and 1.1 spaces per room required above 25 rooms)
3) Variance to construct a hotel with 18% pervious area (30% required).
The 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 6 Deg 43
Min 38 Sec W, along the West line of said plat, for 706.07 feet; thence run S 83 Deg 16 Min 22 Sec E for
78.00 feet to the Point of Beginning; thence run N 8 Deg 57 Min 01 Sec 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
am f 54 Deg 22 Min 12 Sec and a radius of 167.54 feet for an arc distance of 158.98 feet to a point of
reJ�J�e curvature; thence run Northeasterly, along a circular curve to the left having for its elements a
central angle of 44 Deg 48 Min 00 Sec and a radius of 237.00 feet for 24 Deg 22 Min 23 Sec W for 96.63
feet; thence run S 2 Deg 45 Min 02 Sec E for 552.50 feet; thence run S 87 Deg 54 Min 13 Sec W for
271.11 feet thence run N 6 Deg 43 Min 38 Sec 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) 924-3622, 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 Technician
Mai 0day, June 14, 2002
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