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HomeMy WebLinkAboutR-1999-250 r, 1' 7 r >� i � // �4 �- _f r '1 RESOLUTION NO. 250-99 A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY RICHARD LOWY, OWNER DANIA DISCOUNT DRUGS, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160. SIGN REGULATIONS, FOR PROPERTY LOCATED AT 16-18 SOUTH FEDERAL HWY.,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, Richard Lowy, owner of Dania Discount Drugs, has applied for a sign adjustment (SA-64-99) to allow for signage which is in excess of the allowed regulations in the Downtown Dania Beach Redevelopment Zoning District for property located at 16-18 South Federal Hwy., Dania Beach; WHEREAS, the Planning&Zoning Board on November 17, 1999, recommended that the City Commission grant the sign adjustment request SA-64-99 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-64-99, 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 by City Commission on December 14, 1999: a) Richard Lowy, owner of Dania Discount Drugs, agrees to removal all window signs; b) Richard Lowy, owner of Dania Discount Drugs, agrees to remove white plastic marquee signs; c) The City Commission agrees to allow the"Liggette Rexall Drugs"wall sign to remain in front; d) Richard Lowy, owner of Dania Discount Drugs, agrees to removal all 'Parking in 1 RESOLUTION NO. 250-99 a- -r Rear" signs; e) Richard Lowy, owner of Dania Discount Drugs, agrees to change "Liggette" to I 'Rexall" on vertical sign in front; 0 Richard Lowy, owner of Dania Discount Drugs,agrees to reduce the monument sign in rear to meet code requirements; g) Richard Lowy, owner of Dania Discount Drugs, agrees that the rear wall sign will be 9x2 feet; h) Richard Lowy, owner of Dania Discount Drugs,agrees to make dumpster enclosure meet code requirement; i) Richard Lowy, owner of Dania Discount Drugs, agrees that in the parking lot, a landscape hedge will be added with at least two(2)Alexander Palm Trees, and two(2) additional Alexander Palm Trees will be added on each side of the monument sign with landscaping; j) Richard Lowy, owner of Dania Discount Drugs, agrees to work with the Program Manager of Main Street on selecting the color of the building; k) Richard Lowy, owner of Dania Discount Drugs, agrees that all improvements to the property will be completed within 180 days; 1) Richard Lowy, owner of Dania Discount Drugs, agrees to maintain all landscaping. 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 14T" DAY OF DECFh1BER, 1999. R - COMMISSIONER 2 RESOLUTION NO. 250-99 t- .. r 7 ATTEST: ROLL CALL: / MAYOR BERTINO - NO VICE-MAYOR MCELYEA- YES SHERYL CHAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY:. 11 \. 1V THOMA . ANSBRO CITY ATTORNEY 3 RESOLUTION NO. 250-99 .f In-- ry APPLICATION NUMBER: Date stamp pG CITY OF DANIA BEACH 100 BOULEVARDST DANIA BEACH ANIA BEACH. FLORIDA 33004 (954)921.8700 APPLICATION FOR SIGN ADJUSTMENT The undersigned petitions the Planning and Zoning Board and the City Commission or the City of Dania Beach, Florida to consider a sign adjustment upon the parcels)of land described in this application. NAME OF APPLICANT: H�I(\ �.S tivlI� Al;nSS OF APP?4-(CANT: ��� t�'V A +— ANIA 6L'—Ac -\ 1 PHONE. I I PROPERTY INTEREST OF APPLICANT: NAM 1 ho�� AND A,Q,QRRESS OF PROPERTY OWT (IF OT THE APPLICANT): a� 1 1t,iQ% lll�`j .�Lua t L lit ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTYLL -7muo Or bAtilo' 1p ( Z v ZONING CLASSIFICATION: LOT SIZE. , �� t7�{' —7A AREA. PRESENT USE: 1 �ry�Q PRESENTSIGNAGE. t'IOS ve L, DESCRIPTION OF THE SIGN ADJUSTMENT REQUESTED (INCLUDING SPECIFIC CODE SECTION REFERENCE): LIST THE NAMES AND ADDRESSES OF ANY EXPERTS (PLANNER. ARCHITECT. ATTORNEY, ETC., IF ANY): 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 properve in the surrounding areas. 4, CAQ �//��.r�Jj � tSSjlh out C,- I��attzr✓ a ��ev� N1l{ {w ♦ ° 11 C.�i 1 V "�C� j-re 1 I�- F ' r _. Describe how the signs oermlttea under this code cannot be adequately viewed due to physical site distinctions other t an those imposed by City ordinance or cr ted by the applicant. wlwaN,� [AXtil1(C t "r ' c7et L qJZ— Ad' 1 oiSe ;j Le Zz wc,4 Describe how the architectural design of a structure or the site plan pose unique and extenuating characteristics whiph are not compatible with the rgauirements of the gn article. c�tj wt-1[Cy e� S; 6X - , - I930'S / S hfAJ) C S lZcl iZ t L tq-? r:4iLL W" Cy1 S u 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 st ucture that would otherwise be entitled to a sign. w�. i +n qx/ Ue e E u at h/�✓ n�r ! ifi/tc C/b✓////�t �2C� 5. If the sign is an existing sign, describe le ,/'the age of the sign and the extent to which the sign deviat from the existing code requiremen s, in ad Ion to the criteria bove. Aj CWLZMCK STATE OF FLORIDA SIGNATURE OF APPLICANT COUNTY OFBROWARD The forgoing instrument was acknowledged before me on i „- ,. 1 ggg b as(title) Y 1, , for(name of entity] Z Nt A � J a Florida Corporation,who Is !: personally known to me,or_produced .J as identification. MCOMMISSiON I ARY SEAL NEWMARK MY Commission ExpireATE.OF FLORIDA . - .. - �- NO.CC608918 NOTARY PUBLIC D(P.DEC.171" 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 TO MAKE AND FILE THE AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF BROWARD The forgoing instrument was acknowledged before me on tggg by as[title] for[name of enmyJ a Florida Corporation.who is or known to me.or_produced as identification. My Commission Expires; NOTARY PUBLIC L L -� W r, r NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH ""TICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, . .,;ember 14, 1999, 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 the following requests: 1) Petition No. SA(VA25-98) — Sign Adjustment request by Phil Glassman, Manager/Lessee of the Dania Shopping Center, located at 126 South Federal Hwy., Dania Beach, for a sign adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160 — Downtown Dania Beach Redevelopment District Sign Regulations. Property is legally described: Town of Dania, Plat Book B, Page 49, lots 1 less St. Rd., 2, 3, 4 less St. Rd., 5 less St. Rd., 6, Blk 25; along with lots 7, 8 less St. Rd., Blk 25; along with lots 10. 11, Lot 12, St. Rd., Blk 25. along with lots 13 less St. Rd., 14, 15, Blk 25, and along with lots 9& 16, less St. Rd., Blk 25. 2) SA-64-99—Sign Adjustment request by Richard Lowy, owner of"Dania Discount Drugs, Inc.", located at 16-18 South Federal Hwy., Dania Beach, for a sign adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160 — Downtown Dania Beach Redevelopment District Sign Regulations. Property is legally described: Town of Dania, Plat book B, Page 49, Lots 5,6, 7&8 Block 22 less State Road. 3) Petition VA-76-99 - Variance request by Pascal Richer from Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.36, Walls, Fences and Hedges. Mr. Richer would like to request a fence height in the front yard of 6 feet where limited to 4 feet for property located at 255 South Dixie Hwy., Dania Beach. Property is legally described: North Hollywood 4-1 B Lot 22 less that part lying east of a line that is 60 ft west of& parallel with east line of lot 21 as occupied, Blk 22. 4) Petition VA-77-99 - Variance request by Roman E. Gzyl from Chapter 28, Article 4.20 Schedule of Lot Yard and Bulk Regulations for relief from 20' of front yard setback in conjunction with the placement of a canvas car cover. Property located at 4611 SW 34" Avenue, Dania Beach, Florida. Property is legally described: Lot 6, Block 2 Avon Isles, according to the plat thereof, as recorded in Plat Book 40, Page 31 of the public records of Broward County, Florida. 5) Petition VC-89-99— Request by the City of Dania Beach to vacate 1,650 sq. ft. of alley easement located at the rear of 333 South Federal Hwy. Property is legally described: The "Alley" as shown on the Plat of"Hollywood Center Court" according to the plat thereof, as recorded in Plat Book 25, page 42, of the public records of Sroward County, Florida. 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., (954) 924-3645, 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 Published: Thursday, December 2, 1999 4_ a r /0 3 1501 So QMS /G : /f 01-207 /5 of a K a I Q I top w zQ _ Z3 24 . 4rt 21Odk 6% 13 w' ool)l (t Ecctc1 , N U (k • C17y hAL_ 01-307 ° / o , a Zfi BLKS 1-31 AK THE v ell, TOWN Of- 7 8 �. as. (B - 49� MOELO /O 'co ' 77 UJ 15 0( Zo r u j to - o /os a Z� 24 ® 0 23 1 Z,4 02 z4 5 ST. S. E. Isd ° W23Y iJ ° h 0° ,°�� i e ! 41 o e o o Z 00 u°� ,IR v4 ` Io5 os O M 4' 4 ; ' w 4- r.. ..mom. y�am�rt. r� llp' KI R LI-1) 1 ,1A 1: Ago& 1 1, A �' JJ nnm lo,�rp 7' r � I r-- -- I � 1 i 1C I� e. 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MIAMI, FLORIDA 33126 305-477-9149 . 800-287-4799 - FAX 305-477-7526 'O � s a photocopy in poor condition FC 017 -r AGENDA REQUEST FORM CITY OF DANIA BEACH Date: December 2, 1999 Agenda Item Title: SA-64-99-SIGN ADJUSTMENT REQUEST BY RICHARD LOWY, DANIA DISCOUNT DRUGS, INC., 16-18 SOUTH FEDERAL HWY. Requested Action: SIGN ADJUSTMENT REQUEST TO ALLOW SIGNAGE Summary Explanation& Background: Exhibits(List): RESOLUTION MEMORANDUM SIGN ADJUSTMENT APPLICATION PUBLIC HEARING NOTICE LOCATION MAP SIGN PLAN Purchasing Approval: Prepared By: GROWTH MANAGEMENT DEPARTMENT Source of Additional Information: (Name&Phone) Recommended for Approval By: PLANNING AND ZONING BOARD NOVEMBER 17, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ J f-- II r Y 0 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith City Manager FROM: Leigh R. Kerr, AICP Planning Consultant DATE: December 3, 1999 SUBJECT: SA-64-99 - Sign Adjustment APPLICANT: Richard Lowy, owner of Dania Discount Drugs, Inc. REQUEST: Request for relief from Dania Beach Sign code, which would allow the existing signage at this site to remain. LOCATION: 16-18 South Federal Hwy., Dania Beach EXISTING ZONING: C-2— Commercial/Downtown Redevelopment District FUTURE LAND USE: Commercial PROPERTY SIZE: 10,000 square feet SURROUNDING ZONING: C-2 Commercial to the North, East and South; OS (City Hall) to the West SURROUNDING LAND USE: Commercial to the North, East and South; Parks and Recreation (City Hall) to the West. As requested, the applicant has provided further details concerning the signs proposed for the property. The documentation submitted reflects that the applicant will remove the marquee signs on the front of the building. In addition, wall signs will be removed from the front and rear windows. However, it is unclear whether the applicant proposes to remove all of the window signs. In the rear of the building, the applicant proposed one monument sign that complies with the Code requirements. In addition, one wall sign is proposed in the rear. The standards for wall signs are provided below. Comm sa6499 lowy.DOC .f d -r PRIMARY WALL SIGNS Height 2.5 feet Width 15 feet Area 37.5 square feet SECONDARY WALL SIGNS Area 1 9.4 square feet The main portion of the rear wall sign is 18 feet in width by 3 feet in height with a total area of approximately 54 square feet. Secondary wall signs are permitted for buildings abutting a side street if they are reduced by 75% of the size of an allowable wall sign. The proposed wall sign exceeds the area requirements for a primary wall sign by approximately 30% and is nearly 6 times the area requirement for a secondary wall sign. In the front, the applicant has removed marquee and window signs. The applicant proposes to maintain the existing wall sign with slight changes. The applicant has not provided dimensions for the existing wall sign. However, the width of the building is approximately 50 feet and the sign extends over most of the building width. Therefore, this sign does not comply with the width and area requirements for a wall sign. In addition, the applicant proposes to maintain the current roof sign with a change in copy. STAFF RECOMMENDATIONS: Approval of the monument sign subject to compliance with all setback requirements. 1. Approval of a secondary wall sign in the rear of the building with a maximum of 9.4 square feet. Subject to: 1. Removal of all window signs. 2. One 'open" sign on the front and rear of the building consistent with code requirements. 3. Removal of the copy from the roof sign. 4. Reduction of the area of the front wall sign pursuant to Code. Planning and Zoning Board Recommendation: Approval subject to staff recommendations (4-0). comm sa6499 Iowy.000 d- 7