HomeMy WebLinkAboutR-2007-128 OTO Variance RESOLUTION NO. 2007-128
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER,
ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA
KRILICH, FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH
HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING
ROAD,SOUTH OF DANIA BEACH BOULEVARD EXTENDED,AND EAST OF
INTERSTATE 95, DANIA BEACH; FROM CHAPTER 28, "ZONING';
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21,
"Schedule of Off-Street Parking Requirements" prescribes the Parking Regulations in a C-2
( ) g
Commercial zoning district and
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.22,"Off-
Street Loading" prescribes the number of loading berths required for commercial uses within the
City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5.20
"Height Regulations", prescribes the height requirements for commercial uses within the City of
Dania Beach; and
WHEREAS, Stephanie J. Toothaker, Esq., on behalf of the property owners Robert and
Donna Krilich, has applied for variance (VA-15-07) for the following:
1) Request to provide 150 parking spaces for a Summerfield Suites Hotel; (Chapter 28,
Article 6.21 Schedule of Off-Street Parking Requirements states a total of 182 parking
spaces are required);
2) Request to provide 140 parking spaces for a Hyatt Place Extended Stay Hotel;(Chapter
28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 196
parking spaces are required);
3) To allow a hotel building height of 6 stories up to 67 feet (to main roof); (Chapter 28,
Article 5.20 Height Regulations, states that a maximum of 5 stories / 62 feet is
permitted);
4) To allow 1 loading berth for the Hyatt Place hotel; (Chapter 28,Article 6.22 Off-Street
Loading, requires 4 berths); and
5) To allow 1 loading berth for the Summerfield Suites hotel;(Chapter 28,Article 6.22 Off-
Street Loading, requires 5 berths),
for property generally located north of Stirling Road,south of Dania Beach Boulevard Extended,and
east of Interstate 95, Dania Beach; and
WHEREAS,the Planning&Zoning Board on June 20,2007,recommended approval of the
variance request with conditions, 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-15-07), for a variance as described above
(from requirements in Chapter 28, "Zoning", Article 6.21, "Schedule of Off-Street Parking
Requirements",Article 6.22,"Off-Street Loading",and Article 5.20,"Height Regulations"),a copy
of which is attached as Exhibit"A" is approved, with the following conditions:
1. Must provide a recorded copy of the cross parking easement prior to issuance of a
building development, or utility permits (Planning Division).
2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees to be
removed from the site. The mitigation must be paid prior to issuance of a building
permit (Landscape Consultant).
3. Public Services approval subject to applicant submitting updated civil drawings for
further review and confirmation prior to building permit(Public Services;6-14-07).
4. Adequate water supply must be provided; 1)fire flow demand—signed and sealed by
engineer,2)flow tests must be conducted prior to issuance of a building permit.(Fire
Marshall).
5. Provide dedicated airport shuttle service, 5:00 am — 12 midnight and demand-
responsive shuttle service, 12 midnight— 5 am, seven days per week.
2 RESOLUTION#2007-128
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 July 24, 2007.
BO A O
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON,CMC
CITY CLERK
APPROVED AS TO FOTNORRECTNESS
BY:
T AS J. NS RO
CITY ATTORNEY
3 RESOLUTION #2007-128
a�
City of Dania Beach, Florida
Department of Community Development
1W Planning and Zoning Division
General Development Application (954) 924-3643
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning9L. . .
❑ Site Plan Date Rec d: 3 - I-o'7
Cl Special Exception 2 ii 7 iCJ1 Petition No.: -o-]
Cl Special Request
❑ TraMcway Waiver
® Variance
❑ Vacation Request
❑ Other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings. All projects must also obtain a building
permit from the City's Building Department.
Location Address: stirling Road and I-95 Dania Beach Florida
see survey with Site Plan
Lot(5): application Block: Subdivision:
Recorded Plat Name: see legal description and survey attached to 1/25 site Plan application
504233090010, 504233480020, 504233480012, 504233390020
Folio Number(s): 504233480011 Legal Description: see desc attached to 1/25 Site Plan
Appkmcl:YCu y tmVLegal Representative (circle one) Stephanie J. Toothaker, Esq.
Address of Applicant: 450 East Las Olas Boulevard, suite, 700, Fort Lauderdale, FL 33001
Business Telephone: 954-523-2427 Home: Fax: 954-523-914e
Name of Property Owner: Robert/Donna KriI i^h
Address of Property Owner: 851 Flamingo Drive, Fort Lauderdale, Florida 33023
Business Telephone: 954-7e0-9719 Home: Fax: 954-7e0-4792
Explanation of Request: Parking Variance Approval (acccnpanyirg ,ite Plan appre 11)
Prop. Net Acreage: 9.5942 Gross Acreaq_c: 9.6942 Prop, Square Footage: 422,27
Existing Use: c-2/Land Proposed Use: Hotel
Is property owned individually, by a corporatir or a joint venture? Individual
I and Ind that ' e plan and variance approval automatically expires within 12
j Mon f CiV
Sion provall pursuant to Ordinance No. 2005-040.
Stephanie J. Toothaker, Esq. March 2, 2007
ppli ner signature Print Name Date
APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIV TARIZED SIGNATURE
Sworn to and subscribed before me ltpplfaat,10 g {(epr tative:
This 2nd day of March 20 07
Signa
Dat - arch 2, 2007
Stephanie J. Toothaker
Sign Name of Notary Public (Print Name)
State of( )
450 East Lae Olas Boulevard, Suite 700
Fort Lauderdale, FL 33301
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: 954-523-2427 phone 954-523-9146 fax
Seal: 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 (Aq);f k3ffYC5MsXyk MRepreSentative) Stephanie J. Toothaker, Eso to
make and file the aforesaid application.
Swou1,C�.and sub ribed before me Owner: Donna Kril' h
Thies!_day o s Ck 200�
Signature:
Date: ►� -Leo
�e Donna Krilich
Sign Name Notary Public (Print Name)
State of(�-lo.� dp ) e51 Flamingo Drive
Fort Lauderdale, FL 33023
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: 954-760-9719 phone 954-760-4792 fax
Seal: Telephone No. & Fax No.
Nancy Thomcson
MYCCMMISS1014,i CD191590 EMPES
June 7 2007
EKED';Ui;0Y 4N MU2:HCE•�yC
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
General Development Application (954)924-3645
❑ Administrative Variance
❑ Assignment of flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Retuning Effiffiam Date Rec'd:
❑ Site Plan LII1 U IL�MfI IJII
❑ Special Exception Petition No.: VA is -07
❑ Special Request MAY 2 5 2007
❑ Traffkway Waiver
® Variance
❑ Vacation Request Plannin
❑ Dftr= Department
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fad applications,the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings. All projects must also obtain a building
permit from the Oty's Building Department.
Location Address: Stirling Road and I-95, Dania Beach, Florida
see survey with Site Plan
Lot(s): application Block: Subdivision:
Recorded Plat Name: see legal description and survey attached to 1/25 Site Plan application
SO4233090010, 504233480020, 504233480012, 504233390020
Folio Number(s): 504233480011 Legal Description: see desc attached to 1/25 Site Plan
AppkmoVkbnsWbwVLegal Representative (circle one) Stephanie J. Toothaker, Esg
Address of Applicant: 450 East Las Olas Boulevard, Suite 700, Fort Lauderdale, FL 33001
Business Telephone: 9s4-523-2427 Home: Fax: 954-523-9146
Name of Property Owner: Robert lccnna Krili-n
Address of Property Owner: 851 Flamingo Drive, Fort Lauderdale, Flcrida 33023
Business Telephone: 954-760-9719 Home: Fax: 954-760-4752
Explanation of Request: Loading Berths Variance Approval (accompanying Site Plan approval)
Prop. Net Acreage: 9.6942 Gross Acreage: 9.6942 Prop. Square Footage: 422,279.35
Existing Use: c-2/Land Proposed Use: Hotel
Is property owned individually, by a corporation, or a joint venture? individual
I understand that site plan and variance approval automatically expires within 12
months City Commi on approval, pursuant to Ordinance No. 2005-040.
Stephanie J. Toothaker, Esq. May 24, 2007
p cant/Owners gnature Print Name Date
APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me APP90WC t IMPV resentative:
This 24thdayof May Zp 07
Sign re:
Date. ay 24, 2007
Stephanie J. Toothaker, Esq.
Sign Name o otary Public (Print Name)
State of(�t��=rd c)
450 East Las olas Boulevard, Suite 700
Na�,�IIO=NO Fort Lauderdale, FL 33301
oof Street Address,City, State and Zip Code
a
eonoro TMru norlw sswcit MG
M
Commission Expires: 954-523-2427 phone 954-523-9146 fax
Seal: 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 (hWk3*C5Hm11larVRepresentative) Stephanie J Toothaker, Esa to
make and file the aforesaid application.
Sworn to and subscribed before me Owner: '9ee+fer ich
This-?q4�day ofCnau _zDQ}
S' r .,
Date: fs o 9
L l\h •A+... �Qcmaa xrilich
Sign Name if Notary Public (Print Name)
State of(l=t4r do`) 851 Flamingo Drive
Fort Lauderdale, FL 33023
a^Ar}*),4 Narne ohYr44Rmason Street Address, City, State and Zip Code
i 1Y CCMMISSION♦ 00191590 EXP RES
^`- ission EA�7lRL�A2007 954-760-9719 phone 954-760-4792 fax
'�)' •�: SCNLEDMR TQOYFAAT—MU
Telephone No. & Fax No.
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954)924-3645
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat �
13 Plat❑ Rezoning anon Request MEMO lUi v�G Dab Rec'd:
❑ Site Plan
❑ Spedai Exception MAY 2 5 2007 Petition No.: A-i s- o1
❑ Special Request
❑ Traff sway Waiver
® Variance Planning
❑ Vacation Request Department
❑ other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fad applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings. All projects must also obtain a building
permit from the Clty's Building Department.
Location Address: Stirling Road and I-95, Dania Beach, Florida
see survey with Site Plan
Lot(s): application Block; Subdivision:
Recorded Plat Name: gee legal description and survey attached to 1/25 Site Plan application
504233090010, 504233480020, 504233480012, 504233390020 tS44 2 d d 3°) 0e'i O
Folio Number(s): 504233480011 Legal Description: see desc attached to 1/25 Site Plan
Appkmt40=utmVLegal Representative (circle one) Stephanie J. ;cothaker, Esq.
Address of Applicant: 450 East Las Olas Boulevard, Suite 700, Fort Lauderdale, FL 33001
Business Telephone: 954-523-2427 Home: Fax: 9S4-523-9146
Name of Property Owner: Robert/Donna xrilich
Address of Property Owner: 851 Flamingo Drive, Fort Lauderdale, Florida 33023
Business Telephone: 954-760-9719 Home: Fax: 954-760-4792
Explanation of Request: Building Height Variance Approval (accompanying Site Plan approval)
Prop. Net Acreage: 9.6942 Gross Acreage: 9.6942 Prop. Square Footage: 422,279. 35
Existing Use: c-2i1.and Proposed Use: Hotel
Is property owned individually, by a corporation, or a joint venture? Individual
I understand that site plan and variance approval automatically expires within 12
months of City Commission approval, pursuant to Ordinance No. 2005-040.
Stephanie J. Toothaker, Esq. May 24, 2007
Applicant/Owner signature Print Name Date
APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATU
Sworn to and subscribed before me ItppNa rX1V rotcNM1WR tatNe:
This 24th day pf May 20 07
atur
Dat • ay 24, 2007
Stephanie J. Toothaker, Esq.
Sign Name otary Publlc (Print Name)
State of �p.J
450 East Lae Olas Boulevard, Suite 700
Fort Lauderdale, FL 33301
n
�? a01D191S90 E�IRE9 Street Address, City, State and Zip Code
f,•, lune tq 2007
h 60NMMUTRorF,ua4auMUNC
Commission Expires: 954-523-2427 phone 954-523-9146 fax
Seal: Telephone No. >L 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 (AWl aKtiComidionVRepresentative) Stephanie J. Toothaker, Eso to
make and file the aforesaid application.
&44,.+.
SworAtc�and subscribed before me Owner: awe t ch
Thirty -dayofTlCA,A 200�•
Sign e!
Date:
S b 7
Krilich
Sign Name Notary Public (Print Name)
State of(Ft<7, �- ) 351 Flamingo Drive
Fort Lauderdale, FL 33023
OD191590 EXPIRES Street Address, City, State and Zip Code
'a )une 14 2007
" pOV FaNINSURAW.&IN: 954-760-9719 phone 954-760-4792 fax
� Slort �i�.
Seal: Telephone No. & Fax No.
OTO Dania Beach Hotel Site
Parking Variance Criteria Statement
Background
OTO Development ("Applicant") has applied for a parking variance for its Dania Beach Hotel
Development project. The 9.694-acre site is located at the northeast corner of the intersection of
Stirling Road and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and
I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is
proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future
development.
The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six-
story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story
hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms.
Discussion of Variance Criteria
According to the City of Dania Beach Land Development Code("Code"), Section 6.20 (7)
Hotels, the hotels at the Applicant's site would require 1.5 spaces per room or suite for the first
25 rooms or suites and 1.1 spaces per room or suite for each room or suite above 25 rooms.
Additionally, the Section 6.20 (9)requires i parking space for each 75 sq. ft. of meeting space.
The Code, therefore, requires the Applicant to provide parking as follows:
Hyatt Place— 149 rooms; 1,634 sq. ft. of meeting space
1"25 rooms x 1.5 spaces/room 38 spaces
Remaining rooms (124) x 1.1 spaces/room 136 spaces
1,634 sq. feet/ 75 sq. ft./ space 22 spaces
Total Required Spaces 196 spaces
Summerfield Suites— 143 rooms; 1,033 sq. ft. of meeting space
1"25 rooms x 1.5 spaces/room 38 spaces
Remaining rooms (118) x 1.1 spaces/room 130 spaces
1,033 sq. feet/ 75 sq. ft./ space 14 spaces
Total Required Spaces 182 spaces
Total Spaces Required for Project 378 spaces
The Applicant's site plan provides parking, including handicap parking, as follows:
Hyatt Place 140 spaces
Summerfield Suites 150 spaces
Total 290 spaces
According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, the Applicant
meets the following criteria:
I
(a) That 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.
The subject property provides two limited service, airport-oriented hotels of a class that typically
requires less parking than full-service or suburban hotels. The parking requirements in the Code
are more suited to either a full-service hotel (a hotel that would include restaurants, several
meeting rooms, Business Centers, Lounges with Entertainment, etc.) or a traditional hotel where
patrons typically arrive by their own vehicle. This hotel will be readily accessible to the Ft.
Lauderdale - Hollywood International Airport, providing a convenient location to the airport by
economical shuttle/taxi service,resulting in a decreased demand for parking. Moreover, many of
the anticipated patrons will be cruise passengers mostly transported by taxi, shuttle, or bus, a
factor that further alleviates this site's particular need for the extensive parking provided by the
Code.
(b) That the special conditions and circumstances do not result from the actions of the
applicant.
The special conditions and circumstances of the property do not result from the actions of the
Applicant, but, rather, are inherent to the character of the property. The property is naturally
suited to the development of a hotel location, especially given the similar hotel developments
presently existing in the immediate vicinity of the Applicant's property. The circumstances
which give rise to the reduced need for parking at this hotel location are its close proximity to the
airport and the existing road network that provides ready access to the airport.
(c) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in this same zoning district;
Providing a parking variance would not result in a special privilege to the Applicant and would
not result in any negative circumstances for neighboring properties or for the City. A parking
variance would permit the Applicant to operate the hotel on the property in a manner consistent
with other successfully operating neighboring hotels. Located in the same vicinity of the
Applicant's site is a group of similar hotels that do not meet the parking requirements addressed
in the Code, yet these locations appear to operate successfully, without parking congestion.
Some examples of similar hotels functioning successfully, without parking congestion, that do
not meet the current Code requirements include:
1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street, just east of the
Applicant's proposed site and consists of 156 rooms, three meeting rooms. This hotel
provides 158 standard parking spaces and six handicap spaces, totaling 164 usable
parking spaces.
2) Spring Hill Suites: This hotel is located at 151 SW 18th Court, just west of the
Applicant's proposed site. This hotel has 168 rooms and one meeting room of 600 square
2
feet. This hotel provides 158 standard parking spaces and six handicap spaces which
totals 164 parking spaces.
3) Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and has 104 rooms
with one meeting room 648 square feet in area. This hotel has 103 standard parking
spaces and five handicapped spaces for a total of 108 usable parking spaces.
4) Comfort Inn: This hotel has 189 rooms and provides 163 standard parking spaces and
five handicapped spaces for a total of 168 usable spaces.
It should be noted that in the surrounding cities it is unusual practice for hotels to provide more
than one parking space per room/suite. For instance, the applicable land development code for
the City of Fort Lauderdale requires one parking space per room in any hotel, as does the City of
Hollywood.
(d) That literal interpretation of the provisions of this chapter would deprive the applicant o/
rights commonly enjoyed by other properties in the same zoning district under the terms of this
chapter and would work unnecessary and undue hardship on the applicant;
The interpretation of the provisions of this chapter will 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. As noted previously, there are several other hotels in the same zoning
district that do not meet the requirement of 1.5 spaces per each room for the first 25 rooms and
1.1 spaces per room over 25 rooms. The other hotels are all following a pattern of one parking
space per room. This ratio results in smooth and non-congested parking operation at these other
similarly located and similarly oriented hotels. If the Applicant were to follow this customary
standard of one parking space per room, 292 spaces would be required, and the Applicant's plans
provide 290 spaces.
(e) That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
The variance granted is the minimum variance that will make possible the reasonable use of the
land, building or structure. The Applicant's site plan layout does not accommodate more
expansive surface parking without unduly affecting the natural environment and impacting
retention and water recharge, and the use of structured parking would be cost prohibitive at this
location.
(fi That the grant of the variance will be in harmony with the general intent and purpose of this
chapter, and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
This variance request is in harmony with the general intent and purpose of the Code. This
variance will not be injurious to the area involved and will not be detrimental to the public
welfare. This variance will promote uniformity in the applicable standards to hotels operating in
3
the district. This variance would promote the development of the property in accordance with its
highest and best use without unduly impacting the natural environment.
Conclusion
Thank you for your consideration of the preceding discussion of variance criteria. For the above-
stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this
case. The Applicant respectfully asks for your approval of this variance application.
4
OTO Dania Beach Hotel Site
Building Height Variance Criteria Statement
Background
OTO Development has applied for a parking variance for its Dania Beach Hotel Development
project. The 9.694-acre site is located at the northeast comer of the intersection of Stirling Road
and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and I-95
("Property"). The Property is currently undeveloped. The portion of the site that is proposed for
development is 7.690 acres, leaving an outparcel of 2.004 acres for future development.
The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six-
story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story
hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms.
Discussion of Variance Criteria
Article 4 "District Regulations" of the City of Dania Beach Land Development Code("Code"),
sets forth the Schedule of Lot, Yard, and Bulk Regulations that pertain to particular zoning
districts of the City. The schedule provides that the maximum height permitted in C-2 zoning
districts is either(1) 2 stories/ 35 feet with 90 percent lot coverage or(2) 3 stories/40 feet with
75 percent lot coverage but further provides in its "Note 2" that Sections 5.22 and 5.41
supplement these restrictions.
Section 5.22 sets forth permitted exceptions to the height regulations and subsection (g) provides
that buildings erected in C-2 districts on properties five acres or larger are permitted a maximum
floor area total, excluding parking areas, of 200 percent of the lot area"without limits as to the
height of the structure" so long as the building meets the Code's minimum yard requirements.
Section 5.22(h) specifically provides that"[f)or any and all buildings to be erected in any zoning
district in Dania Beach the permitted height shall not exceed five (5) stories or sixty-two (62)
feet, whichever of the two shall be the least.
Section 5.41 does not apply to the Applicant's proposed buildings because the site is located in a
C-2 district on property that is five acres or larger, which size takes the Applicant's proposed
buildings out of the coverage 5.41(c) because the section's scope is expressly limited by 5.22(e)
to buildings in C-2 districts erected on properties less than one acre in size.
The Applicant's site plan provides for two hotel buildings, each of which exceeds the Code's
permitted height:
Hyatt Place 6 Stories 75 feet
Summerfield Suites 6 Stories 86.83 feet
1
According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the
following criteria:
(a) That 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.
The Applicant proposes to erect two buildings designed according to specifications established
by Hyatt Hotels, a recognized global leader in high-quality hotel establishments and operations.
The Applicant has limited flexibility in departing from Hyatt's design specifications, and,
moreover, the financial feasibility of the proposed operation of the buildings as hotels depends
largely on the number of rooms that can be brought to market. A reduction in building height to
remove one story, for example, would likewise reduce the number of rooms that could be offered
to the public and render the project infeasible in the Applicant's view. Hyatt has completed
extensive market research into the public demand for hotel lodging adjacent to airports and has
determined that hotels built according to their design specifications meet that public demand.
Because there is no relevant Code provision that specifically applies to the building height of
hotel uses next to Interstate 95 and adjacent to the Fort Lauderdale-Hollywood International
Airport, it appears the relevant Code provisions were written to serve the more general case of
building heights in the C-2 districts that occur throughout the City and to encompass the wide
variety of uses including but stretching far beyond hotels. This requested variance more suitably
balances the City's needs to promote public welfare with demonstrated public demand.
This location is not adjacent to or otherwise near residential districts such that a variance to
permit a one story increase in building height would frustrate homeowners or impede their views
in any way. Moreover, because Interstate 95 is an elevated major thoroughfare and the
additional building height reasonably promotes visibility of the hotel from the I-95's elevated
vantage, a variance to permit a slight one story increase would facilitate the public's efforts to
locate the hotel. Travelers arriving from the airport who may be unfamiliar with the area would
likely appreciate the site's additional visibility resulting from the slightly increased building
height.
(b) That the special conditions and circumstances do not result from the actions of the
applicant.
The special conditions and circumstances of the property and buildings discussed above do not
result from the actions of the Applicant, but, rather, are inherent to the character of the property
and the proposed facilities. The location of the property next to I-95 and the airport is not the
result of any action by the Applicant. Hyatt's design specifications for the hotels, including
building height and other characteristics, also are not the result of any action by the Applicant
but were promulgated by Hyatt. Finally, the fact that an increased building height is required to
support the additional rooms needed to maintain the project's financial feasibility is the result of
local market factors, not the actions of the Applicant.
2
(c) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in this same zoning district;
Providing a building height variance would not result in a special privilege to the Applicant and,
also, would not result in any negative circumstances for neighboring properties or for the City.
A building height variance would permit the Applicant to operate the hotel on the property in a
manner consistent with other successfully operating neighboring hotels. Located in the same
vicinity as the Applicant's proposed development site is a group of similar hotels that do not
meet the building height requirements addressed in the City's current Code, and these locations
do not appear to be the cause of public frustration or other negative impacts.
Some examples of similar hotels functioning successfully, without causing public frustration or
other negative impacts, that do not meet the current City Code building height requirements
include:
1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the
Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164
usable parking spaces. This facility has six stories and an unknown height in feet.
2) Marriott Spring Hill Suites: This hotel is located just west of the Applicant's proposed
site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600
square feet, and provides 164 usable parking spaces. This facility has seven stories and
an unknown height in feet.
(d) That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of this
chapter and would work unnecessary and undue hardship on the applicant;
A literal interpretation and application of the provisions of this chapter would deprive the
Applicant of rights commonly enjoyed by other similar properties in the same zoning district and
would work unnecessary and undue hardship on the Applicant. As noted previously, there are
other adjacent hotels in the same zoning district that do not meet the Code's building height
requirement. The other hotels in the Applicant's close vicinity each were designed with and
erected with a building height that appropriately suits the operational characteristics and
requirements of limited service, airport-oriented hotels.
If the Applicant were required to limit its building height to five stories, as literally required by
the Code, the design characteristics of the hotel would be severely and negative!., mpacted and
the overall facility would fail to meet Hyatt's promulgated hotel design specifica .s and would
not be financially feasible. Moreover, the hotels would be more difficult out-of-town
travelers to locate, especially considering the placement of the Applicant's site ad (as seen
from Stirling Road) what would then be the taller Hilton Garden Inn and M€ SpringHill
Suites hotels.
3
(e) That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
The variance granted is the minimum variance that will make possible the reasonable use of the
land, building or structure. The Applicant's proposed buildings exceed the Code's building
height limitations by only one story to meet the needs of the project and satisfy public demand
discussed above.
The Applicant's site design not only meets the more permissive lot coverage requirements of
Section 5.22(g) but even though the provision is not applicable, also meets the site coverage
limitations set forth in Section 5.41(c) that pertains to buildings erected on properties less than
one acre in size. The attached chart entitled "Interpolation of Maximum Permitted Coverage
versus Building Height per Dania Beach Code" illustrates the point that the building coverage
the Applicant proposes does not exceed the interpolated maximum threshold established by the
Code. The overall building coverage for both buildings together is 12.52% of the developed site
(5.64% for Hyatt Place at 335,074 sq. ft. and 6.88% for Summerfield Suites at 335,074 sq. ft.),
while the average height of the buildings is 81.5 feet. At 81.5 feet, the Code's maximum
permitted coverage appears to be close to 18 percent — almost 5.5 percent higher than the
coverage the Applicant proposes. Even applying 86.83 feet, the maximum height of the
Applicant's two proposed buildings, the Code's maximum permitted coverage appears to be
close to 15 percent, with the Applicant's 12.52% overall coverage still clearly below that
threshold.
(n That the grant of the variance will be in harmony with the general intent and purpose of this
chapter, and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
This variance request is in harmony with the general intent and purpose of the City's Land
Development Code. This variance will not be injurious to the area involved and will not be
detrimental to the public welfare. There are no foreseen negative effects that would result from
the slightly increased building height the Applicant proposes. This variance will promote
uniformity in the applicable standards to hotels operating in the district in the proximity of the
Applicant's proposed location. This variance would promote the development of the property in
accordance with its highest and best use without unduly impacting the natural environment.
Conclusion
Thank you for your consideration of the preceding discussion of variance criteria. For the above-
stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this
case. The Applicant respectfully asks for your approval of this variance application.
4
OTO Dania Beach Hotel Site
Loading Berth Variance Criteria Statement
Background
OTO Development has applied for a parking variance for its Dania Beach Hotel Development
project. The 9.694-acre site is located at the northeast corner of the intersection of Stirling Road
and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and I-95
("Property"). The Property is currently undeveloped. The portion of the site that is proposed for
development is 7.690 acres, leaving an outparcel of 2.004-acres for future development.
The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six-
story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story
hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms.
Discussion of Variance Criteria
According to the City of Dania Beach Land Development Code ("Code"), Section 6.22 OFF-
STREET LOADING, provides that for every building or building group having a gross floor
area of more than 4,000 square feet, which is to be occupied by commercial, retail, or industrial
use, there shall be provided and maintained on the same lot with such building, off-street loading
or unloading berths in a number not less than 3 berths for 40,001 to 60,000 square feet and 1
berth for each additional 25,000 square feet.
According to this requirement, the Applicant would need to provide eight or nine loading berths,
depending whether the buildings are considered individually(nine berths required) or the
building group is considered collectively(eight buildings required). The Hyatt Place building
consists of 75,458 gross square feet. The Summerfield Suites building consists of 108,864 gross
square feet. On this basis the Code requires as follows:
Hyatt Place - 75,458 gsf
First 60,000 gsf— 3 loading berths
Remaining 15,458 gsf— 1 loading berth
Total required by Code 4 loading berths
Summerfield Suites — 108,864 gsf
First 60,000 gsf 3 loading berths
Remaining 48,864 gsf 2 loading berths
Total required by Code 5 loading berths
-or-
Hyatt Place & Summerfield Suites — 184,322 gsf
First 60,000 gsf 3 loading berths
Remaining 124,322 gsf 5 loading berths
Total required by Code 8 loading berths
l
The Applicant's site plan provides one loading berth per hotel or two loading berths for the
building group.
According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the
following criteria:
(a) That 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.
The subject property is a limited-service, airport-oriented hotel facility of a class that typically
requires less loading transfer capacity than other industrial, commercial, or retail uses. The
loading berth requirements in the Code are more suited to either an industrial facility designed to
receive materials and output goods or a retail facility where, possibly, there may be a more
extensive need for accepting delivery of goods.
(b) That the special conditions and circumstances do not result from the actions of the
applicant.
The special conditions and circumstances of the property do not result from the actions of the
Applicant, but, rather, are inherent to the character of the property and the proposed facilities. A
limited-service, airport-oriented hotel does not have need for the extensive number of loading
berths required by the Code and, in fact, neighboring limited service, airport-oriented hotel
facilities appear to operate adequately with a number of loading berths similar to that the
Applicant proposes. For example, nearby Hampton Inn and Comfort Inn hotels each have one
loading berth and each appears to operate adequately. The Hilton Garden Inn, another nearby
hotel, has two loading berths for its hotel and appears to have more than ample loading transfer
capacity for the facility. No special conditions or circumstances, therefore, are foreseen to result
from the Applicant's loading berth plans.
(c) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in this same zoning district,-
Providing a loading berth variance would not result in a special privilege to the Applicant and,
also, would not result in any negative circumstances for neighboring properties or for the City.
A loading berth variance would permit the Applicant to operate the hotel on the property in a
manner consistent with other successfully operating neighboring hotels. Located in the same
vicinity as the Applicant's proposed development site is a group of similar hotels that do not
meet the loading berth requirements addressed in the City's current Code, and these locations
appear to operate successfully, without loading transfer congestion.
Some examples of similar hotels functioning successfully, without loading transfer congestion,
that do not meet the current City Code loading berth requirements include:
2
1) Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and is a 104 room
hotel with one meeting room and 648 square feet of meeting space. This hotel has 108
usable parking spaces. This facility has one combined-use guest drop-off/ loading berth
area.
2) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the
Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164
usable parking spaces. This facility has two loading berth areas: one combined-use
dumpster area/ loading berth and one combined use guest drop-off area/ loading berth.
3) Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at
151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600 square
fe
et, and provides 164 usable parking spaces. This facility has three loading ber
ths,
,
including one combined-use guest drop-off/loading gu p g berth area.
4) Comfort Inn: This hotel has 189 rooms with 168 usable parking spaces. This facility
has one combined-use guest drop-off/ loading berth area.
(d) That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of this
chapter and would work unnecessary and undue hardship on the applicant;
A literal interpretation and application of the provisions of this chapter would deprive the
Applicant of rights commonly enjoyed by other similar properties in the same zoning district and
would work unnecessary and undue hardship on the Applicant. As noted previously, there are
several other hotels in the same zoning district that do not meet the Code's loading berth
requirement. The other hotels in the Applicant's close vicinity each were designed with and use
the number of loading berths that more appropriately suit the operational characteristics and
requirements of limited service, airport-oriented hotels. This design feature incorporating a
limited number of loading berths results in smooth and non-congested operation at these other
similarly located and similarly oriented hotels. If the Applicant were required to incorporate
eight or nine loading berths into its design plans, as literally required by the Code, the design
characteristics hotel facility would be severely and negatively impacted and the overall facility
would begin to look more like a warehouse than a limited service, airport-oriented hotel.
(e) That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
The variance granted is the minimum variance that will make possible the reasonable use of the
land, building or structure. The Applicant's site plan will not accommodate more expansive
loading berth facilities without unduly affecting the natural environment and impacting open
space, retention, and water recharge.
3
69 That the grant of the variance will be in harmony with the general intent and purpose of this
chapter, and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
This variance request is in harmony with the general intent and purpose of the City's Land
Development Code. This variance will not be injurious to the area involved and will not be
detrimental to the public welfare. There are no foreseen negative effects that would result from
the number of loading berths the Applicant proposes. This variance will promote uniformity in
the applicable standards to hotels operating in the district. This variance would promote the
development of the property in accordance with its highest and best use without unduly
impacting the natural environment.
Conclusion
Thank you for your consideration of the preceding discussion of variance criteria. For the above-
stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this
case. The Applicant respectfully asks for your approval of this variance application.
4