HomeMy WebLinkAboutR-2008-092 Atlantic Village Marina Special Exception RESOLUTION NO. 2008-092
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST SUBMITTED BY DEBBIE M. ORSHEFSKY, ESQUIRE WITH
THE LAW FIRM GREENBERG TRAURIG REPRESENTING BAYARD
SPECTOR, PRESIDENT OF ATLANTIC VILLAGE MARINA, FOR A SPECIAL
EXCEPTION TO ALLOW THE CONSTRUCTION OF A HOTEL AND MARINA
IN A C-3 (COMMERCIAL) ZONING DISTRICT, FOR PROPERTY LOCATED
AT 1541 GRIFFIN ROAD,IN THE CITY OF DANIA BEACH;PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Dania Beach Zoning Code provides that"Hotels and Marinas"are allowed
as a special exception use in the C-3 (Commercial) zoning district; and
WHEREAS, Debbie M. Orshefsky, Esquire with the law firm Greenberg Traurig
representing Bayard Spector, President of Atlantic Village Marina, has applied for two (2) special
exception requests to allow:
1) Hotel use within a Commercial (C-3) Zoning District; and
2) Marina use within a Commercial (C-3) Zoning District;
for property located at 1541 Griffin Road in the City of Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 21, 2008, recommended that the City
Commission grant the special exception requests, based upon the criteria set forth in Chapter 28,
"Zoning",Article 6,"Supplementary Use Regulations", Section 6.40,"Special Exception Uses",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 SE-38-08,fora special exception to allow Hotel
and Marina uses in a C-3 (Commercial)zoning district,for property located at 1541 Griffin Road,in
the City of Dania Beach,(a copy of which application is attached and made a part of this Resolution
as Exhibit "A"), is approved.
Section 2. That this approval shall automatically expire and become null and void unless
building permits are obtained on or before twelve (12) months from the effective date of this
Resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 10, 2008.
ALBERT C. JONES
MAYOR-COMMISSI ER
A7n'
�� / � \ 5 FIRST OTY
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LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO CORRE
BY: �I\
THO AS .' N BRO
CITY ATTORNEY
2 RESOLUTION #2008-092
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645 Phone
www.daniabeachfl.gov
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning MAY 12 7008 ate Rec'd:
❑ Site Plan
g�-Special Exception Planning Petition No.:
❑ Trafficway Waiver
❑ Variance Department
❑ Roadway Vacation
❑ Extended Hours
❑ 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: 1541 Griffin Road, Dania Beach, FI. 33004
Lot(s): Block: Subdivision:
Recorded Plat Name: Village Marina
Folio Number(s): 5042 2811 0010 Legal Description: See attached
Applicant/Consultant/Legal Representative (circle one) Debbie M. Orshefsky, Esq.
Address of Applicant: 401 East Las Olas, Suite 2000, Ft. Lauderdale, Fl. 33301
Business Telephone: 954-768-8234 Home: Fax: 954-765-0500
Name of Property Owner: Bayard W. Spector
Address of Property Owner: 9999 SW 89th Court, Miami, Florida
Business Telephone: 954-921-5595 Home: Fax: 954-921-7410
Explanation of Request: Request for special exception approval of hotel and marina use in C-3 district.
For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per
Article 10.13 of Chapter 28, Zoning Cade.
Prop. Net Acreage: 6.487 Gross Acreage: 9 319 Prop. Square Footage: 1,101,350 s.f.
Existing Use: Marina Proposed Use: Hotel, marina, office
Is property owned individually, by a corporation, or a joint venture? Individually
I understand that site plan and variance approval automatically expires within 12
1-4
ths of City Co ission approval, pursuant to Ordinance No. 2005-040.
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Applicant/O er signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This F— day o9+ 20
Signature:
[,/'(//►�/y �,� Date:
Sign Name f Notai ublic (Print Name)
Sttat, ,ue,of( -7 )
Print Name or Notary Street Address, City, State and Zip Code
C i{ n Expirxpir e
Wioww" 77MEXOMJ0 201 Telephone No. & Fax No.
Comn�°ii 0 OD 7700"
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
(Applicant/Consultant/Representative) to make and file the
aforesaid application.
Sworn to and subscribed before me Owner:
This day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
M
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A. Explanation of Request: Planning
The Applicant, Bayard Spector, is requesting a special exception pursuant to
10.12(f) in order to construct hotel, office and marina complex known as "Atlantic
Village Marina." The property is located at 1541 Griffin Road and zoned C-3. The C-3
zoning permits office use, however, marina and hotel uses are permitted as special
exceptions only. A 110 slip marina currently exists on the property and will be reduced
to 74 slips. In addition, the proposed project includes a 419 room hotel and 130,000
square feet of office use. The special exception application is a companion to the site
plan application for the proposed project.
B. Special Exception Criteria
As required by Article 10.12(f), the applicant is submitting the following criteria
statement in support of its requests for special exception approval for the proposed
project.
(1) That the use is permitted as a special exception as set forth in the Schedule of Use
Regulations, City of Dania Beach in article 4 hereof.
Theproposed hotel and marina uses arepermitted as a special exception in the
Schedule of Use Regulations for the C-3 zoning district.
(2) That the use will not cause a detrimental impact to the value of existing contiguous
uses, to uses in the general area and to the zoning district where it is to be located.
The property is adjacent to the Fort Lauderdale-Hollywood International Airport and
will provide additional office and hotel uses needed in the area. The close proximity
to the airport promotes the use of airport transfers and reduces vehicular traffic. In
addition, the project will retain the existing marina uses and does not result in a
detrimental impact to the values of surrounding areas. On the contrary, the new mixed
use project stimulates economic development in the area and provides additional uses
needed in the City.
(3) That the use will be compatible with the existing uses on contiguous property, with
uses in the general area and the zoning district where the use is to be located and
compatible with the general character of the area, considering population density, design,
scale and orientation of structures to the area, property values and existing similar uses or
zoning;
The property is located within the C-3, General Business District which promotes
business establishments that are to serve large sections of the city and metropolitan
area. The hotel and marina uses are permitted as a special exception under the C-3
district and are compatible with the existing uses in the area. The property is situated
between the airport and another neighboring hotel to the east. The property is located
in an area primarily designated Commercial which includes other hotels, commercial
developments and a marina just west of I-95. Therefore, the proposed development
consistent with the general character of the area and will not decrease property values.
(4) That adequate landscaping and screening are provided as required in this chapter.
The proposed development includes adequate landscaping and screening as provided in
the code. In addition,the applicant has agreed to replant I10 palm trees and 212
canopy trees on the site.
(5) That adequate parking and loading is provided and ingress and egress is so designed
as to cause minimum interference with traffic on abutting streets.
Based on a shared parking analysis, the development plan provides sufficient parking
for the proposed uses. The applicant has requested variance approval and provided
adequate justification for any reductions in parking or loading spaces.
(6) That the use will be consistent with the Comprehensive Plan.
The property is designated "Commercial"on the City's Land use map which permits
hotel, retail, office and other commercial uses. The City's land use map therefore
permits the proposed development.
(7) That the use will not have a detrimental environmental impact upon contiguous
properties and upon properties located in the general area or an environmental impact
inconsistent with the health, safety and welfare of the community.
The property includes an existing marina which as of April 6, 2006, has been permitted
by the Broward County EPD and the Army Corps of Engineers. The applicant has
received all environmental permits required to construct the marina. On December 14,
2006, the property was inspected and Phase I Environmental Assessment Report was
issued which determined that "there is no evidence of documental environmental
conditions associated with the Property at this time." Based on the approvals and
inspections, the proposed uses will not have a detrimental environmental impact on
surrounding property.
(8) That the use will not have a detrimental effect on vehicular or pedestrian traffic, or
parking conditions, and will not result in the generation or creation of traffic inconsistent
with the health, safety and welfare of the community.
The applicant has provided detailed traffic impact studies examining both the local and
regional traffic impacts of the proposed development which have been reviewed by
City staff. Furthermore, the applicant has submitted a shared parking analysis
indicated that sufficient parking is proposed for the development.
(9) That the use will not utilize turning movements in relation to its access to public roads
or intersections, or its location in relation to other structures or proposed structures or
proposed structures on or near the site that would be hazardous or a nuisance.
The applicant has provided a traffic impact study and proposed site plan that details
turning movements which has been reviewed by City staff.
(10) That the use will not have a detrimental effect on the future development of
contiguous properties or the general area, according to the Comprehensive Plan.
The proposed uses are compatible with the existing uses in the surrounding area which
are primarily zoned and designated Commercial.. The proposed uses will not have a
detrimental effect on future development, such as additional commercial uses, on the
other hand, the uses will promote economic development and provide additional
services needed in the area.
(l 1) That the use will not result in the creation of incompatible noise, lights, vibrations,
fumes, odors, dust or physical activities, taking into account existing uses, uses located in
contiguous properties, uses in the general area and the zoning in the vicinity due to its
nature, duration, direction or character.
The applicant has submitted a site plan for the proposed development which has been
designed to adhere to all land development regulations and building codes. The site
plan has undergone staff review and a development of this type will not generate
incompatible noise, lights,fumes odors, or other detrimental impacts to the
surrounding area.
(12)That the use will not overburden existing public services and facilities.
As part of the site plan approval process, the public services and facilities have been
analyzed and will not be overburdened by the proposed uses. In addition, the applicant
has received approval from the Dania Beach Fire Marshal that ingress/egress to the
site is sufficient far entry byfre rescue and police safety vehicles.
(13) That the use will be sufficiently accessible to permit entry onto the property by fire,
police, rescue and other essential public services.
As shown on the proposed site plan, the site has adequate accessibility for public safety
service vehicles.
(14) That the use will be consistent with the definition of a special exception and will
meet the standards and criteria of the zoning classification in which such use is proposed
to be located, and all other requirements for such particular use set forth elsewhere in the
zoning code, or otherwise adopted by the city commission.
The proposed hotel and office uses meet the criteria set forth for special exception
approval and have submitted other companion applications required under the
applicable zoning requirements.
FTL 107,014,4260