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HomeMy WebLinkAboutR-2000-022 RESOLUTION NO. 2000-022 • A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY JOAN KERNS, GENERAL MANAGER/EXECUTIVE VICE PRESIDENT, DESIGN CENTER OF THE AMERICAS, (DCOTA), FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.060, SIGN REGULATIONS, FOR PROPERTY LOCATED AT 1855 GRIFFIN ROAD, 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 criteria for specific zoning districts within the City of Dania Beach; and WHEREAS, Joan Kerns, General Manager / Executive Vice President of DCOTA, has applied for a sign adjustment (SA-98-99) to allow for a sign which is prohibited as listed in Article 28.060 (6), for property located at 1855, Dania Beach; and WHEREAS, the Planning &Zoning Board on January 5, 2000, recommended that the City Commission grant the sign adjustment request SA-98-99 based upon the criteria set forth in Article 28, Section 28.200. "Relief from requirements; Sign Adjustment;Variances", 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 SA-98-99, for a sign adjustment from Chapter 28 Zoning,Article 28, Signage, Section Sign Regulations, a copy of which is attached as Exhibit"A"is approved with the following conditions: a) Joan Kerns, General Manager / Executive Vice President of DCOTA, agrees to remove the billboard (owned by Fred Weatherby,6248 SW 28 Street, Miramar, Florida) within one-year after the Certificate of Occupancy is issued for DCOTA Phase III; b) Joan Kerns, General Manager/Executive Vice President of DCOTA,as applicant, agrees to reserve a place for a City sign to be generally located at the southwest corner of the property should the City desire to construct a sign. c) Joan Kerns, General` Manager / Executive Vice President of DCOTA, agrees that the louvered panels shall change the sign message no more frequently than three (3) movements per each hour. 1 RESOLUTION NO. 2000-022 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 THI ;Ztu ATTEST: ROLL CALL: MAYOR BERTINO - YES �14( VICE-MAYOR MCELYEA- YES SHERYL bHAPMAfA COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: 'I , &(� THO J. NSBRO CITY ATTORNEY 2 RESOLUTION NO. 2000-022 APPLICATION NUMBER: Date stamp CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 (954) 921-8700S APPLICATION FOR SIGN ADJUSTMENT The undersigned petitions the Planning and Zoning Board and the City Commission of the City of Dania Beach, Florida to consider a sign adjustment upon the parcel(s) of land described in this application. NAME OF APPLICANT: JOAN A. KERNS ADDRESS OF APPLICANT: 1855 Griffin Road, #A-282, Dania Beach, FL 33004 PHONE: 954-920-7997 954-920-8066 fax PROPERTY INTEREST OF APPLICANT: Executive Vice President/General Manager NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): MARVIN I. DANTO, Chairman of the Board Danto Investment Co. 170OStutz Dr. , #25, Troy, MI 48084 ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: , 2 — — 4 fax 1855 Griffin Road, Dania Beach, FL 33004 / A portion of Parcel "A" , "Design Center of the Americas", according to the Plat thereof as recorded in Plat Book 119, Page 32, -of the Public Records of Broward County, Florida. ZONING CLASSIFICATION: F-1 (DRI) LOT SIZE. 43 acres AREA: 1 ,873,080 sq. f PRESENT USE: Wholesale Trade Building PRESENT SIGNAGE: Small reverse channel sign internally luminated. DESCRIPTION OF THE SIGN ADJUSTMENT REQUESTED (INCLUDING SPECIFIC CODE SECTION REFERENCE): 28.060 prohibited signs — 6 LIST THE NAMES AND ADDRESSES OF ANY EXPERTS (PLANNER, ARCHITECT, ATTORNEY, ETC., IF ANY): Maria Lopez, Stylus Design Group, 5333 Collins Avenue, PH8, Miami Beach, FL 33140 (305-538-2913) PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A SIGN ADJUSTMENT 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 the sign will still maintain the basic intent and aesthetic improvement purposes of the sign regulations, particularly as it affects the appearance and compatibility with properties in the surrounding areas. The sign will look like any Identification Wall sign in full compliance with the terms, conditions and provisions of the City Code. • 1 2. Describe how the signs permitted under this code cannot be adequately viewed due to physical site distinctions other than those imposed by City ordinances or created by the applicant. All signs imposed by the City ordinance do not allow sign to encompass both needs of DCOTA. We need to make changes to said sign to deliver different messages. The word "DCOTA" in the sign will be permanent, made of individual letters with reverse channel illumination. 3. Describe how the architectural design of a structure or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of the sign article. _DCOTA is composed of 3 very large buildings housing many different showrooms. We need a sign, visible from I-95, where we will identify DCOTA and its special events and activities which are important to the success of the 156 companies located within the venue. 4. Describe how the structure or site configuration are unique, which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. A permanent sign will identify DCOTA but not help support the uniqueness or depth of the venue and will be ineffective in identifying the activities or events occurring in the largest design center in the world located in Dania Beach, Florida. 5. If the sign is an existing sign, describe the age of the sign and the extent to which the sign deviates from the existing code requirements, in addition to the criteria above. N/A /iuL c SIGN TURE OF APPL C NT STATE OF FLORIDA JO A. KERNS COUNTY OF BROWARD The forgoing instrument was acknowledged 1pefore me on October 20, 1999 by Joan A. Kerns , as(title] Exec. VP/General anager for[name of entity] a Florida Corporation,who is personally known to me, or produced as identification. OFFICIAL NOTARY SEAL My Commission Expi CAROLINE A FULLWOOD OTARY PUBLIC STATE OFFLORIDA NOTARY PUBLIC COMMISSION NO.CC883068 MY COMMISSION EXP.NOV.18 2003 FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED JOAN A. KERNS TO MAKE AND FILE THE AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. ��JjLt SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF BROWARD The forgoing instrument was acknowledged before me on October 20, 1999 by Marvin I. Danto , as[title] CEO/COB for(name of entity] an o Investment Ca Florida Corporation, who is XX personally known to me, or produced as identification. My Commission Expires: ® NOTARY PUBLIC OFFICIAL NOTARY SFAS CAROL NE A FULLWOOD NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CCIRW MY COMMISSION EXP.NOV.18 3 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: FEBRUARY 8, 2000 2. DESCRIPTION OF AGENDA ITEM: SA-98-99 SIGN ADJUSTMENT REQUEST 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION X 4. SUMMARY EXPLANATION & BACKGROUND: Request by Joan Kerns, General Manager/Executive Vice President, Design Center of the Americas (DCOTA)for approval of a sign adjustment for property located at 1855 Griffin Road, Dania Beach 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Memorandum, Leigh R. Kerr, AICP— Planning Consultant Resolution Location Map Sign Adjustment Application 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: Account#: Finance Director Approval: Date: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval 4-1 subject to a maximum of 3 (three) sign turns per hour. Submitted by: Laurence G. Leeds, AICP, Director Date 02/01/2000 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: MICHAEL SMITH, CITY MANAGER THROUGH: LAURENCE G. LEEDS, AICP GROWTH MANAGEMENT DIRECTOR FROM: LEIGH R. KERR, AICP — PLANNING CONSULTANT DATE: JANUARY 18, 2000 SUBJECT: SA-98-99 — SIGN ADJUSTMENT REQUEST APPLICANT: JOAN KERNS, GENERAL MANAGER/EXEC. VICE PRESIDENT, DESIGN CENTER OF THE AMERICAS (DCOTA) • REQUEST: SIGN ADJUSTMENT FROM CHAPTER 28, ARTICLE 28.060 PROHIBITED SIGNS. (6) Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles, unless approved through the sign adjustment procedure. LOCATION: 1855 GRIFFIN ROAD, DANIA BEACH EXISTING ZONING: C-4 FUTURE LAND USE: COMMERCIAL PROPERTY SIZE: 43 ACRES SURROUNDING ZONING: C-4 TO THE SOUTH AND NORTH; T-1 (TRAILER PARK) TO THE EAST AND 1-95 TO THE WEST SURROUNDING LAND USE: COMMERCIAL CMMEMO DCOTA2 SIGN.doc The applicant is requesting approval of a 25' wide by 12' tall wall sign. The sign is designed to include three sided louvers that can be manually turned to show 3 different messages. The area of the sign is consistent with the sign area requirements for this site. Section 28.060 of the Sign Code prohibits the following: Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles, unless otherwise approved through the sign adjustment procedure. Therefore, the applicant is requesting a sign adjustment to allow a sign with mechanical movement. The sign conforms with all other requirements for wall signs at this location. The applicant states that the louvered sign is required in order to identify the DCOTA development as well as the special activities that occur on the site. The messages on the sign can be changed manually or by an automated timer. Staff recognizes the need for this sign and agrees with the concept, however, there is concern about the frequency of text changes. The applicant has not specifically stated the desired frequency of text changes. Staff Recommendation: Staff recommends approval subject to limiting the ® frequency of louver movement. Planning and Zoning Advisory Board Recommendation: Approval with a maximum of three (3) turns per hour. (4-1). City Commission Action (January 25, 2000): Deferral so the applicant could review status of the billboard on the parcel and determine whether the mechanical sign can accommodate 4 (four) sides. Supplemental Staff Report and Recommendation (February 3, 2000): Applicant has proposed (see attached letter) removing the existing billboard within approximately three years (December 31, 2002). Applicant, as of this writing, has not indicated how a four-sided sign can be provided. Staff supports the removal of the billboard but recommends that removal be timed in some way to the Certificate of Occupancy for DCOTA Phase III. As such, staff recommends.- Approval, subject to removal of the billboard within six months of issuance of a Certificate of Occupancy for DCOTA Phase Ill. CMMEMO DCOTA2 SIGN.doc a co n -o cr, s-. cn 0 C 0 0 Q < c) D < CD (D Cy C'D m D a 0 0 X :T (D j (D 3 C' (D E 0 D - C) 3 7 C (D D Ll(c 7 7 (D 0 cl > (D rm rn oo CD 7� Q C/) II -ol 0 m T cc CD 0 CD (D n Co- o X c (D c,-o I =01 (D < (D D (D (D Z) (D (D a(D 0 (D D 0- cn cl (D 0 tj (D n 07> X 'D M—m r — — — — — — — — — — — — — — — — — — — — — — — — — — — — — F-- L — — — — — — — — — — — — — II L — — — — — — — — — — — — — CD ci 0 s. C: Q (D CF 0 X (D �75 • "DESIGN CENTER HOTEL OFFICE COMPLEX" 1 (Plat Book 118. Page 11, B.C.R.) �I N88'39'27"E PROPERTY LINE 887.22' ` 1 0 W. m rn m p Ll • �- K Q J 0 EXISTING DCOTA 2 BLDG. m a 0 U z z 9 A x C1 DCOTA 3 (UNDER CONST.) _ 0 to O N y O U y C.+ f'l Z C1 O 5 Z 2 '0 O —�r'C BILLBOARD Z 1�11 O m O CP o =�r�N ILn (n O�J� O 01 I 1 "DESIGN CENTER OF THE AMERICAS" cp • ao (Plot Book 119, Page 32, B.C.R.) Ln � � o �1 1� D n Q I N O <A< � 1 m f� D 1 _ ----- I Z NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board AT A SPECIAL MEETING on January 5, 2000 and the City Commission on January 25, 2000 at 7.30 p.m.. or as soon thereafter as possible, in the City Commission Room, Administrative Center. 100 West Dania Beach Blvd., Dania Beach. Florida 33004, for the purpose of hearing any comments which might be made to a request. as follows: SA-98-99 - Sign adjustment request by Joan Kerns, Executive Vice President / General Manager of DCOTA. for property located at 1855 Griffin Rd., Dania Beach, from Chapter 28, Zoning, Article 28.060, Prohibited Signs (6) which states that "signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic. or mechanical means, except for traditional barber poles, unless approved through the sign adjustment procedure." Legally described as A portion of parcel "A", Design Center of the Americas Plat Book 119, Page 32, B.C.R., according to the plat thereof. Information and copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach. Florida. (954) 924-3645 between the hours of &00 a.m. and 4:00 p.m.. Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Technician - Pa roe 1:50-42.33-38-0010-000 THIS SITE 1875 GRIFFIN RD. DANIA FL33004-2213 C011 s a saiFFavo 243 o�nFnAfc �mrm.ras� cae«s t� w v -2 t(244 L/ ire T' _ - a dab J THE NCL PLAT jaw 050-50) a y N i � a 4LA-4., a •rL� T � Vicµ 242 aw • i — �� Nry Pp�y w/s I70N o.w. eacRL Wf u oai 7 �.X 0n-am �A e t ad, 11 IF 7 � Da-nf I�' NT7 t wrc � Otmtf d Law Offices HOLLAND & KNI1-3HT LLP One East Broward Boulevar Atlanta Northern Ylrginia P.O.Box 14070(ZIP 33302 40 Eton Orlando • �! (� Fort Lauderdale Providence Fort Lauderdale, Florida$3$ I Jacksonville Son Francisco ��® — 3 L.,v 1 i I I Lakeland St.Petcrsbwg 954-526-1000 Melbourne Tallahassee FAX 964-463-2030 ! Mexico City Tampa Miami Washington,D.C. New York West Palm Beach FACSIMILE TO: If you did not receive all of Larry Leeds Cityof Dania Beach the pages or find that they are illegible,please call NAME CGMPANY/FIRM Dania FL (954)525-1000 CITY ST 3TE 954-922-2687 954-924-3640 FAX NUMBER TELEPHONE NUMBER FROM: CONFIDENTIALITY NOTICE: This facsimile,along with any Gerald L. Knight 468-1$68 documents, files,or attachments, NAME TELEPHONE NUMBER may contain information that is confidential,privileged,or otherwise exempt from disclosure. 3 If you are not the intended TOTAL NUMBER OF PAGES(Including Cover Sheet) recipient,or a person responsible ® for delivering it to the intended recipient,you are hereby notified that any disclosure,copying, MESSAGE: printing, distribution or use of any Pleas e see attached etter to;'ou date today's ate. information contained in or attached to this facsimile is STRICTLY PROHIBITED. If you have received thia facsimile in error,please immediately notify as by facsimile or by telephone at the numbers stated above, and destroy the original facsimile and its attachments without reading, printing,or saving in any manner. Your cooperation is appreciated. Thank you. FOR THE RECORD: DATE: February 3,2000 . URGENCY: SUPER RUSH RUSH REGULAR FAXED BY: AMOUNT: CLIENT#: 046708.1 W.I'TER#: Design Center CONFIRMED: YES NTO NAJAE: TLME: FTL1 44-19919 vl LU UJ L-- I-- r-.U-1✓JJ Law Offices HOLLAND & KNIGHT LLP A!lanla Orlando Boston Providence Ore East Broward Boulevard,Suite 1300 Foil Lauderdale San Francisco P0.Box 14070(ZIP 33302-4070) Jacksonville St.Petersburg Fort Lauderdale,Florida 33301 Lakeland Tampa Melbourne Tallahassee 954.525-1000 Mexico City Washington,D C. FAX 954.463-2MO Miami West Palm Beach www.Mklaw.com New York RearesentatjveQtlices: Northern Virginia Buenos Ares Tel Aviv February 3, 2000 GERALD L.KNIGHT 954-468-78M Internet Adl&eee: gknight@hklaw.com VIA FAX Mr. Larry Leeds Growth Management Director City of Dania Beach 100 West Dania Beach Boulevard Dania, FL 33004 • R DCOTA Sign Dear Larry: At the last meeting -:)f the City Commission of the City of Dania Beach, Florida, the City Commission considered the application of the Design Center of the Americas (DCOTA) for wall sign on the new Phase III of DCOTA which will have movable copy on the bottom part of the sign. At that meeting, a question was raised regarding the status of the billboard located on the DCOTA property. As I indicated at the meeting, the billboard has been recently reconstructed following the damage from Hurricane Irene. The south face of the billboard is used exclusively to advertise DCC►TA and events held at DCOTA and is essentially the only signage for DCOTA th:j t has exposure to I-95. I also indicated that the sign structure is not owned by DCOTA, but is owned by a private individual unrelated to DCOTA. DCOTA has an: arrangement with the owner of the sign structure to use the south face of the billboard for DCOTA advertising in return for allowing the billboard to remain on the property. The owner of the billboard has been using the north face of the billboard for off-site advertising. Mr. Larry Leeds February 3, 2000 Page 2 The exposure of DCOTA advertising to 1-95 currently provided by the billboard is important to 000TA. Also, DCOTA and the owner of the sign structure would like to be able to recover the substantial cost of reconstructing the billboard. Further, the owner of the billboard sign structure relies on the off-site advertising on the north f'ice of the billboard for a substantial portion of his income. Accordingly, DC0:1'A and the owner of the sign structure would prefer to leave the billboard in place for a period of three (3) years. This would allow the completion of Phase III of DCOTA and installation of the Phase III wall sign; recovery of the cost which, DCOTA and the owner of the sign structure have invested in reconstructing the billboard; and a period of transition for the owner of the sign structure to adjust to the loss of income from the billboard. In summary, DCOTA suggests that a condition be imposed by the City Commission on the granting of the sign adjustment requested for the Phase III wall sign that the billboard be removed from the DCOTA property no later than December 31, 2002. Please forward this letter to the City Commission prior to its meeting on February 8, 200i=. Thank you for your cooperation. Very truly yours, HOLLAND & G LLP 01 By: GE L. r�7I FTLI#472900 vl ® TOTAL P.03 i r�J AGENDA INTEROFFICE TRANSMITTAL CITY CLERKS DEPARTMENT TO: FROM: Charlene Johnson, Deputy City Clerk DATE: s Your department is being provided a copy of the following Resolution or Ordinance, with backuD material, as pproved by the Dania Beach City Commission on o If the attached documentation relates to an expenditure matter, please forward a requisition, at your earliest convenience, to Nanci Denny, Purchasing Division. If so, Nanci Denny will also receive the attached and you will not need to include additional copies with your requisition submittal. Documents Attached : Expenditure Item/Copies to N.Denny: yesxl ,,,-- no If you require any further information, please call me at extension #212.