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HomeMy WebLinkAboutR-2000-115 RESOLUTION NO. 2000-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY MICHAEL THOMAS, OAKRIDGE HOTEL 1, LTD., FOR A POLE SIGN LOCATED ON PROPERTY WEST OF SW 18T" CT., EAST OF 1-95 AND NORTH OF STIRLING RD., DANIA BEACH ALSO KNOW AS THE SPRINGHILL SUITES HOTEL PROPERTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter; and WHEREAS, Michael Thomas, Oakridge Hotel I, Ltd., property located west of SW 18th Ct., east of 1-95 and north of Stirling Rd., also known as the Springhill Suites Hotel property, has • requested a zoning appeal from the decision of Growth Management Director on June 28, 2000, where it was determined that the Springhill Suites 100 foot high, 400 square foot pole sign (electronic message board and box sign) is a prohibited sign, and as such, shall be removed or modified to conform to the sign code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application letter dated May 15, 2000 (ZA-009-00) for a zoning appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. r-za-009-00 thomas.doc 1 RESOLUTION NO. 2000-115 PASSED AND ADOPTED THIS 25T" DAY OF JULY, 2000. • C.K. MCE A MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES a--L, VICE-MAYOR BERTINO- YES SHERYL dHAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - NO COMMISSIONER MIKES- NO APPROVED AS TO F RM AND CORRECTNESS: BY: Ail THOMAS J ANSBRO CITY ATl'ORNEY • • r-za-oos-oo thomas.aoc 2 RESOLUTION NO. 2000-115 //Y i STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management RE: 1) Appeal from the Decision of the Growth Management Director that the Springhill Suites 100 Foot High, 400 square foot Pole Sign (Electronic Message Board and Box Sign) is a Prohibited Sign, and as such, shall be removed or modified to conform to the Sign Code 2) Fee Waiver LOCATION: Property Located West of SW 18th Court, east of 1-95, and north of Sterling Road — Pole Sign located directly north of Hotel Date: July 25, 2000 City Commission Meeting • Applicant: Michael L. Thomas for Oakrid9 e Hotel I, Ltd. Pursuant to the Zoning Code, the Springhill Suites Hotel Site is permitted one pole sign not to exceed 50 feet in height, or 25 feet above the elevation of the adjacent interstate, whichever is less, with a sign area not to exceed 48 square feet. The existing sign is approximately 100 feet high and has a sign area of over 400 square feet (Electronic Message Board and Box Sign). Staff research indicates the following: 1) 1997: A site plan for the Fairfield Inn (Springhill Suites) is approved. There is a note on the plan indicating "100 foot Pylon Sign". No sign variance is granted. 2) May, 1999: The City Commission approves a site plan for a Conference Center and a "new" hotel. The Springhill Suites Hotel is.indicated as "existing". A note on the plan indicates "Approved 100 foot Pylon Sign /Message Board". No sign variance is granted. Springhill Suites Sign AppealIdoc ® 3) July 13, 1999: The City Commission approves a sign variance for the Cracker Barrel restaurant (north of the Springhill Suites Site). The variance permits a 100 foot high sign, 238 square feet in area, at the Cracker Barrel Site. 4) November 22, 1999: Staff approves, in error, building permit plans for a 100 foot high pole sign (message board and box sign) containing approximately 400 square feet in area. It is my understanding this sign was approved at the direction of a person who is no longer employed by the City. STAFF RECOMMENDATION: APPEAL Denial. Based on the height (100' — twice the height permitted by the Sign Code), size (400 square feet — eight times the size permitted by the Sign Code), and the presence of the electronic message board (electronic message boards are classified as prohibited signs), staff cannot support the granting of an appeal allowing the sign to remain. Legal questions should be directed to the City Attorney. STAFF RECOMMENDATION: FEE WAIVER Denial. The applicant has paid the standard $1,000 fee to appeal the decision of the Growth Management Director. Thus far, the City has incurred in excess of $2,400.00 in costs. Staff requests the Commission require the applicant to pay all outstanding costs incurred by the City in dealing with this issue. • • Oakridge Hotel I, Ltd. 15 North Ocean Boulevard Pompano Beach, Florida 33062 Telephone 954 783-0283 Fax 954 917-5309 May 15, 2000 VE Mr. Larry Leeds, Growth Management Director AL 10 2000 City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Appeal to the City Commission of Dania Beach, Florida Dear Larry: The City issued a building permit for the construction of a 100 foot sign on the premises owned by the above captioned entity at S. W. 181h Court, Dania Beach, Florida; the location of the SpringHill Suites Hotel, pursuant to site plan approval granted by the City Commission.on at least two occasions. A copy of this building permit is enclosed for your easy reference. • At a meeting on June 28, 2000 at the City hall attended by yourself, Mike Smith, the City Manager. Tom Ansbro, the City Attorney, and Bill Latham of my office you stated that apparently no variance was granted for the erected structure, when in fact, a variance is required. It is our feeling, supported I think by the City Attorney and City Manager, that we followed all required procedures in the erecting of this structure. Not with standing the aforesaid, we request that you appeal directly to the City Commission on our behalf to correct the apparent error. Please find enclosed our check for $1000, which is the estimated charge for this consideration. We respectfully request that the City Commission delete the requirement for this fee because of the circumstances surrounding this oversight. Sincerely /�6ic_hael L. Thomas cc Mike Smith Tom Ansbro C1 • Encl. U J�11 -05-00 11 :3BA springhill suites ftlaud P.02 PERM'i IT / i PERMIT C� OWNER DATE CONTRACTOR :3 PURPOSE 9=9�'fm 4". LOT BLOCK • SUBDIVISION . ADDRESS ° NO INSPECTION WILL BE MADE UNLESS PERMIT CARD IS PROMINENTLY DISPLAYED AND APPROVED PLANS ARE READILY, AVAILABLE. S.F.B.C. 304.1 CERTIFICATE OF'OCCUPANCY MUST BE SECURED BEFORE THIS BUILDING CAN BE USED FOR ANY PURPOSE DO NOT REMOVE THIS .CARD BEFORE COMPLETION For Inspection Call 921-8700, Ext. 259 24 HOUR NOTICE REQUIRED FINAL FINAL I FINAL • (- .® ~� . 1d .............. ® 4 _QKE c!r J I Ll1U0 LA- 71 EVE�LAO 99 DNS. L NE o (D CD o COMMERCE ) M CENTER l FARCEL.A 5 CENT'ER � OF OAK nS . 0 ' �� ` ®ANI fQ DESIGNER'S PLACE13 co 1 rn AT DANIA 0:-"'1A OFFICE P�►I OA.QCEG "A" (130- 29) o I ?AIRCEI'A'ca 1� �7• 9VB' 79 3 1v /s' ST TIGER' O / C� I r' i®a0a y � . 03- (' ---cam 08 pg ,o o) R 0 G'ROVE� 1" P Z .k 71P e � 03®010 1 /sia' lza Q .O DUKE a DUKE IRO SUB (124® ) M012 SAN- MAR PLAT (14; This SAKE 37Mst T. Q• � ?AR. mp f 6) y }f TVJ�GT • . NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZA-009-00 - ZONING APPEAL Notice is hereby given of an appeal requested by Michael L. Thomas representing Oakridge Hotel I, Ltd. for property located at Stirling Rd. and SW 18`h Court, Dania Beach, Florida, (Springhill Suites) from the decision made by the Growth Management Director on June 28, 2000, where it was determined that the construction of the 100 foot pole sign requires variance approval by the City Commission. The Dania Beach City Commission will hear this appeal on Tuesday, July 25, 2000 at 7:30 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida. All interested parties may appear at said meeting and be heard with respect to the proposed petition(s). 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 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. 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Z Z * -< " W C7 — cn 0 o D z D D D rn O n = o r C O Z _ C Cl) O U) cnCA m N � ZZD �{ � � < C� m m m D a co co r r r W 0 0 < 0 zwr- o � mooKpTpmK O O D O - O D � D - D O D O z w z xD m ymW r - -n ,_ D Wr 00 DDDO Om D -IO 00 cC z � � � Omm m m - 0oW .nT � m r ;ox rm > > D D r- r r r n m D D m m t _ -n m m �7 �l G) r r r r m �� www Wwwrna� wwwwww 0 -- -- \i wwwW W Wooww Wwww Z_ A ap W O W O'W -a • O W O 1� w o w m Cn o 0 0 o w z O N CIi c0 - - - V .A cn A c0 (0 G) ^f MMwcl " -D, -C�, rn I, Wcn > O A CD N O N N --� A N - C) M W M O O c0 c0 O w N CD O O N -4 c0 cn cn O W N - �I m <D , C, � r- Rpr 19 99 09: 24a Louann Cunningham [9541 92226.87 p. 6 BACKGROUND The applicant is seeking a rezoning for a portion of his site and site plan approval for 5.38 acre site. A 168-unit hotel presently occupies the site. The proposal is to build a second hotel of 148 units. In addition it proposed that a 78,246 square foot conference center be built on the site. Also a 9,530 square foot restaurant and store is proposed for the north of the site. This use would be located on a parcel representing an additional two acres. At the time of this review there are several _deficiencies noted by staff. The parking numbers are low per the City Code and'the overall total has been reduced by 35% because of the mixed-use nature of the site. Our Zoning Ordinance does not include provisions for such considerations. The applicant plans to submit a revised plan, which will show a narking structure designed to accommodate their parking needs. Also the plans show parking which would require automobiles to back out onto public right of way. This type of parking is not allowed. Additionally, there are a few landscape islands that will be necessary within the parking lot as shown. The applicant should be commended for his attempts to preserve existing vegetation on the site. The southern portion of this property is the location of several mature live oaks. Prior to the construction of the initial hotel the applicant relocated several, of these trees in an effort to save them. The plans for the new construction continue to include efforts to save the mature oak trees. One note needs to be made pertaining to. the height of the structures. Most of the property was granted a height variance in 1986 and it was revisited in 1997. However the portion of the site that is subject to the rezoning was not part of that variance process. The Planning and Zoning Board might wish to recommend that any approval of this site plan be done so with the condition that a height variance is granted for the remainder of the site. The Fire Marshall noted several concerns. They are as shown in the following listing: 1. Ali ingress-egress and traffic circulation for fire apparatus must meet 50' turn radius requirements of SFBC Ch. 5211.2 (g) (20 (gg). 2. East elevation of Conference Center exceeds 30' maximum setback from fire access road per 5211.2(g)(dd); this is the same area where the parking is noted as not meeting City requirements. 3. Extend fire access road around perimeter of hotel per 5211.2(g)(cc)&(ff). 4. Include parcel D, Cracker Barrel Restaurant, in overall site plan for fire access review, where is it located? 5. Porte Coterie must have a minimum 14' vertical clearance. SR RZ-20-99 SP-21-99 RY.COMPANIES HOTEL E7C.doc