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HomeMy WebLinkAboutR-2008-101 Cambria Site Plan RESOLUTION NO. 2008-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER PETER J. LETO, FOR PROPERTY GENERALLY LOCATED APPROXIMATELY 600 FEET NORTH OF STIRLING ROAD ON SW 19T" AVENUE AND APPROXIMATELY 530 FEET WEST OF INTERSTATE 95, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Scott Backman, Esquire representing Peter J. Leto, is requesting site plan approval for the proposed construction of a 5 story, 120 room hotel, to be generally located approximately 600 feet north of Stirling Road on SW 19'h Avenue and approximately 530 feet west of Interstate 95, in the City of Dania Beach; and WHEREAS,the Planning and Zoning Board on May 21, 2008,recommended that the City Commission grant the site plan request(SP-77-07),based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 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 (SP-77-07) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit"A" is approved with the following conditions: 1. One wall sign permitted per street frontage. Therefore, a total of 1 sign is permitted facing SW 19`h Court(east);proposed sign is shown as facing south. Revise accordingly or request a variance. Variances require an application and submittal of a written statement addressing the 6 variance criteria. 4th time requested (Planning). 2. A tree removal permit will be required prior to commencing site work. Prior to issuance of a tree removal permit the applicant must pay a bond in the amount of $1,890 for canopy replacement trees (Landscape Consultant). 3. Provide a hydrant flow test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau (954)924-3656. REQUIRED FOR SITE PLAN APPROVAL (Fire Marshal). 4. Provide clearances of 7'6" in front of and to the sides of the fire hydrant,with a 4' clearance to the rear of any hydrant or fire protection appliances. The note on the F.D. Hydrant detail (Sheet W S)confirms 7'6"clearances to the side of the hydrants but the distances do not scale out on the plan next to parking spaced. Please correct (Fire Marshal). 5. There is a discrepancy between sheets Al/WS and Sheets A2/A3/A4 with the north directional indicator. Please correct (Fire Marshal). 6. The FDC is currently shown on the sought main, (Sheet SW). This line must be attached to the sprinkler supply line going into the building ahead of any valves (no valves between the FDC and the building) (Fire Marshal). 7. Provide an additional FDC at the NW corner of the building (Sheet WS) (Fire Marshal). 8. Provide an updated copy of the complete site plan with all corrections made on CD-ROM in PDF format (Fire Marshal). It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the 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. 2 RESOLUTION 92008-101 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—COMMISS NER ATT ST: Sp�ftSTOry t3 LOUISE STILSON, CMC • CITY CLERK APPROVED AS TO F D CORRECTNE BY: TH MAS . A BRO CITY A ORNEY 3 RESOLUTION 42008-101 City of Dada Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachf€.gov General Development Application ❑ Adnntnistrative Variance ■ Assignment of F€ex/Reserve Units ❑ Land Use Amendment ❑ Plat i c' - ® Plat Delegation Request rt� R Date Reed: �� L r ❑ Rezoning ! '� " ` v * Site Plan Petition Qj { ❑ Special Exception ' ❑ Trafficwray Waiver Variance L ❑ Exte Roaday Vacation ❑ Extended Hours � /� .. ❑ Other: °^d� -*I.:,C�g THIS APPLICATION WILL NOT BE ACCEPTED UNTIL ET IS COMPLETE AND SUBMITTED WITH ALL NECESARRX 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 shalt 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: N/A Lot(s): N/A Block: N/A Subdivision: N/A. Recorded Plat Name: Leto Park Plai Folio Number(s): 5D42 3337 D010 Legal Description: See Attached Exhibit"A" Applicant/Consultant egal Representative circle one) Scott Backman Esc. Address of Applicant: 5355 Town Center Road, Suite 801 Boca Raton, FL 33486 Business Telephone: (561)237-1537 Home: NIA Fax: (561) 544-BBSB Name of Property Owner: Peter J, Leto, Sr Address of Property Owner: 6171 Shadow Tree Lane. Lake Worth FL 33463 Business Telephone: N/A Home: N/A Fax' N/A Explanation of Request: See attached Variance Justification Statement Fc� Plats please provide proposed Plat Aamc for [✓ar®ar ces Please attach Criteria sta�errz�nf as per Article 10.13 of Chapter 25 Zoning Code, Prop. Net Acreage: Gross Acreage: 2.34 acres Prop. Square Footage: 85.970 sa ft Existing Use: Vacant Proposed Use: 5-Story 14D Room lotel Is property owned Individually, by a corporation, or a joint venture? Ind viduab I unde t site plan and variance approval automatically expires within gZ coon ® mmission approval, pursuant to Ordinance too. 2DD5-D4D. �y f{icant/fawner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant,/Consulta,t/Reo-esentative: This day of 20— Signature: Date: Scott Backnan, Esq. Sign Name of Notary Public (Print Name) State of ( ) 5355 Town Center Road, Suite So,, Boca Raton, FL�3486 Print Name of Notary Street Address, City, State and Zip Code commission Expires: (561) 237-1537 & (561)544-BBBB Seal: Telephone No. & Fax No. INDIVIDUAL CWN[ER N6OTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that make aad file the (Appl i cant/Con sultantl Representative) 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: _ Telephore No. Fax No. Seal: S ateznent of Interest in Pro erty and Authorization to File Petitions Peter J. Leto certifies that he is the Owner of the subject property and authorizes SIEGEL, LIPMAN, DUNAY, SHEPARD, & MISKEL, LLP to submit petitions to the Cit}, of Dania Beach and Broward County for site plan, plat note amendment, variance, and flex allocation. This authorization includes all related site plan and pernutt ing considerations. Peter J. Leto /i UU Signature. EL Printed Name: Address: ji{iJ'L5 Phone: ( �� l �-7t257 e�j �-71-2h State of Florida County ofg of 2007, The foregoing instnrment was acknowledged before me this _ day wn to me or who has produced P�� Pe r �j Leto, an ndtvidual, who is _ personally kno �� hie 1P/10 1 Y9 s identification and who did take an oath. G/NQT.ARY PUBLIC: or... RPYE CARTER E 409494 sign: �y GOIdM15S1pN W �031 E>'`PIRES.PP uo�ns"�m� e tmu auaye. Print: My Commission Expires: Attachment "A° Legal Description The north half of the following described parcel all that portion of tract "A" of Leto Park as recorded in the Plat Book 118, page 39, Broward County, Florida. SIEGEL, LIPwvN, DIJNAY SHEPARD & MISKEL. LLP GARY S- DUNAY THE PLAZA • SUITE SO 1 (561) 36B-7700 KENN'ETH W. LIPMAN 53sn TOWN CENTER ROAD FAX (561) 36B-9274 BONNIE MISKEL BOCA RATON. FLORIDA 33486 VJWW SLDSM LAW COM -CNATHAN L. SHEPARD - CARL E. SIEC-EL r y5yy LDep�aartiment T SCOT BACKM, AN LINDA B. -YMAN VARIANCE JUSTIFICATION STATEMENT DZHM Investments, LLC ("Petl,tioner") is proposing to develop a 120 room 5- story Cambria Suites Hotel on the northern portion of the Leto Park Plat within the City of Dania Beach, Florida ("Property"). The Property is generally located on the north side of Stirling Road approximately '/4 mile northwest of the 1-95 1 Stirling Road exit. The Property is zoned IROC — Industrial Residential Office & Commercial District, which permits the proposed hotel use. The Property is currently undeveloped and has access to Stirling Road via S.W. 19"' Court, a currently unimproved right-of-way that will be constructed in connection with the development of the proposed hotel. In association with the proposed development of the Property, Petitioner is requesting the following variance from the City of Dania Beach Zoning Code ("Code"): Variance from Chapter 28, Article 6.22 of the Code to permit a total of 1 loading berth where the Code requires 4 loading berths (the "Loading Berth Variance"); As discussed in greater detail below, the above variance request complies with the City's variance review criteria. In particular, Petitioner will demonstrate that: (a) special conditions and circumstances exist which are peculiar to the land; (b) the special conditions and circumstances do not result from the actions of the petitioner; (c) the granting of the variance will not confer on the petitioner any special privileges, (d) the literal interpretation would deprive the petitioner of rights commonly enjoyed by others in the IROC zoning district; (e) the variance is the minimum variance that would make reasonable use of the land; and (f) the granting of the variance would be in harmony with the intent of the land development regulations. (a) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the same zoning district Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the same zoning district. In this case, Petitioner is requesting a variance to reduce the required number of loading berth spaces for the proposed hotel by 3 spaces. The Loading Berth Variance is necessitated by the fact that the Code requires loading spaces based on a building's square footage regardless of the nature of the use. For example, industrial, office and retail uses are lumped into a single category for determining the number of required loading berth spaces, while it is clear that an industrial warehouse use would require significantly more loading area than a small or passive commercial use or, In this case, a hotel. The Code actually acknowledges that certain uses may not require loading areas where it explains that loading berths are required for commercial, retail or industrial use or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise. The proposed hotel does not require the typical number of loading spaces required for other commercial and retail uses. In fact, the loading area being provided under the front entry canopy is more than sufficient to support the proposed hotel. In particular, the proposed hotel handles all laundry on-site and the accessory restaurant only serves light food items .hat are generally brought in by hotel staff or an occasional small box truck delivery. Additional loading areas for the proposed hotel would serve absolutely no purpose and should be waived by the City. (b) The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances do not result from the actions of Petitioner. Indeed, the loading berth requirements as established by Chapter 28, Article 6 of the Code do not differentiate between the Various commercial/retail, office and industrial uses that typically require loading areas. As noted above, the hotel will not generate nearly the same demand for loading spaces that other uses generally require. (c) Granting the variance requested v✓ill not confer on Petitioner any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district. Granting the Loading Berth Variance will not confer any special privileges on Petitioner that are typically denied to others within the same zoning district. As noted above, the Code actually takes into some consideration the fact that not all uses require loading areas. In addition, the City has previously granted variances from loading berth requirements for other hotels, thereby acknowledging the excessive nature of this requirement as applied to a hotel use. Indeed, it is Petitioner's understanding that the City is currently in the process of modifying the Code accordingly. (d) Literal interpretation of the provisions of this chapter would deprive Petitioner 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 Petitioner. Literal interpretation of the Code would deprive Petitioner of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on Petitioner. The Code section requiring loading berth spaces for proposed uses within the City actually provides some minor flexibility for uses such as the proposed hotel, which does not require the typical loading areas of other commercial, retail and industrial uses. Requiring the additional loading berth spaces would force Petitioner to identify and construct unnecessary pervious area on the Property in lieu of providing additional green space and other environmentally friendly features that will benefit the City, Petitioner and future guests of the proposed hotel. (e) The variance granted is the minimum variance that will make possible the reasonable use of the Property. The proposed Loading Berth Variance is the minimum variance necessary to make possible the reasonable use of the Property. Additional loading spaces would serve no purpose for the proposed hotel and would simply sit unutilized on a daily basis. Petitioner has provided a loading area immediately adjacent to the front entrance of the hotel, which will be utilized by hotel guests and the occasional box truck delivering goods and supplies for the ancillary restaurant and snack shop proposed for the hotel lobby. (f) Granting the variance vall be in harmony with the general ir3tent and purpose of this chapter, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the Loading Berth Variance will be in harmony with the general intent and purpose of the Code and will not be injurious to the City or otherwise detrimental to the public welfare. Indeed, Petitioner is proposing a Cambria Suites Hotel, which will provide another upscale hotel chain for the City that will appeal to business travelers and tourists alike. The Property has been designed to accommodate the basic intent of the loading berth requirement by providing the loading area under the main entry canopy for the purposes of hotel guest registration and small food deliveries for the restaurant. SIEGEL, LIPMAN , DUNAY, SHEPARD C,� \,JISKEL, LLP THE PLAZA • 'SUITE BC G68-77CO GARY S. DUNAY KENNETH W. LIPMAN 5355 10\4�N CENTER ROAD FAX- (56 U 565-9274 BONNIE MISKEL BOLA Rh-TON, FLORIDA 334B6 �,ryy,r�J SLDSMLAW-GOM JONATHAN L. SHEPARD CARL E. SIEGEL h- SCOTT BACKMAN ' �r LINDA B. LYMAN Cambria Suites � ! Use Statement DZHM Investments, LLC ("Petitioner") is proposing to develop a 140 room 5-story Cambria Suites Hotel on the northern portion of the Leto Park Plat within the City of Dania Beach, Florida ("Property"). The Property is generally located on the north side of Stirling Road approximately '/< mile northwest of the 1,95 / Stirling Road exit. The Property is zoned IROC - Industrial Residential Office & Commercial District, which permits the proposed hotel use. The Property is currently undeveloped and has access to Stirling Road via S.W. 191h Court, a currently unimproved right-of-way that will be constructed in connection with the development of the proposed hotel. In association with the proposed development of the Property. Petitioner is requesting a plat delegation request to add the following language to the Leto Park Plat as recorded In Plat Book 118, page 391 The northern 334.02 feet of the plat (further described as the north hall of the following described parcel all that portion of Tract 'A" of Leto Pack as recorded in the Plat Book 118, page 39, Broward County, Florida) is restricted to a 140 room hotel. SiEGEL, LIPMAN' , [) UNAY, SHEPARD & % SKEL. LLP GARY S. DUNAY THE PLAZA ° SUITE BOI (55)> 36S-7700 KENNETH w IPMAN 5355 TON(N CENTER. ROAD FAX (561) 355-9E74 BONNIE MISKEL BOCA RAToN, FLORIDA 33486 WN'W.S_DS M LAWAOM JONATHAN L_ SHEPARD y n CARL E. SIEGEL _ r SCOTT BACKMAN LINDA B. LYMAN JRhI ��i�B L_ . . o,. rl,l VARIANCE JUSTIFICATION STATEMENT DZHM Investments, LLC (,,Petitioner") is proposing to develop a 140 room 5- story Cambria Suites Hotel on the northern portion of the ---to Park Plat within the City of Dania Beach, Florida ("Property"). The Property is generally located on the north side of Stirling Road approximately 114 mile northwest of the 1-95 i Stirling Road exit. The Property is zoned IROC — Industrial Residential Office & Commercial District, which permits the proposed hotel use. The Property is currently undeveloped and has access to Stirling Road via S.W. 19" Court, a currently unimproved right-of-way that will be constructed in connection with the development of t'ne proposed hotel. In association with the proposed development of the Property, Petitioner is requesting the following variances from the City of Dania Beach Zoning Code ("Code") 1. Variance from Chapter 28, Article 6.20 of the Cade to permit a total of 166 parking spaces where the Code requires 171 parking spaces (the "Parking Variance"); 2. Variance from Chapter 28, Articles 29AD and 30.60 of the Code to permit the maximum impervious area for the Property to exceed 70% by 4.3% for a total impervious area equal to 74.3% (the "Impervious Area Variance"); 3. Variance from Chapter 28, Article 28.140 of the Code to permit a pole sign for the Property 75-feet in height with 75 square foot sign area where the Code restricts pole signs from exceeding 50-feet in height with a 48 square foot sign area (the "Pole Sign Variance"). As discussed in greater detail below, each of the above variance requests comply with the City's variance review criteria. In particular, Petitioner will demonstrate that: (a) special conditions and circumstances exist which are peculiar to the land, (b) the special conditions and circumstances do not result from the actions of the petitioner, (c) t granting of the variance will not confer on the petitioner any special privileges, ( ) he r literal interpretation would deprive the petitioner of rights commonly enjoyed by others in the IROC zoning district, (e) the variance is the minimum variance tha would make reasonable use of the land; and (f) the granting of the variance would be in harmony with the intent of the land development regulations. Parkinci Variance - Variance from Chapter 28, Article 6.20 of the Code to permit a total of 166 parking spaces Where the Code requires 171 parking spaces. (a) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands; structures or buildings in the same zoning district. Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the same zoning district. In this case, Petitioner is requesting a variance to reduce the required number of parking spaces for the proposed hotel by 5 parking spaces. The Parking Variance is necessitated by the fact that the proposed hotel will offer its customers an on-site restaurant, which on its own requires 17 parking spaces regardless of the fact that the restaurant and bar will be used primarily by hotel patrons. As such, the overwheim'ng majority of restaurant customers will not require additioral parking. In addition, considering the hotel's proximity to the International Airport and 1-95, Petitioner is proposing a hotel shuttle service that will transport hotel patrons to and from the airport. This shuttle service will significantly reduce the need for the additional parking spaces required for the hotel and restaurant well beyond tie 5 space reduction requested. (b) The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances do not result from the actions of Petitioner. Indeed, the parking requirements as established by Chapter 28, Article 6 of the Code require Petitioner to account for patrons of the hotel and restaurant separately despite the fact that the majority of the restaurants business will come from individuals staying at the hotel. As a result, the restaurant in the hotel will not generate nearly the same demand for parking as a stand-alone restaurant. (c) Granting the variance requested will not confer on Petitioner any special privilege that is denied by this chanter to other lands, buildings or structures in this same zoning district. Granting the Parking Variance will not confer any special privileges on Petitioner that are typically denied to others within the same zoning district. This situation is similar to other airport hotels located within the City that provide an on-site restaurant and airport shuttle service. Indeed, because Petitioner is providing parking for both the proposed hotel and the on-site restaurant, there will be more than enough parking to accommodate patrons of both uses, including the possibility of restaurant customers not staying at the hotel. In addition, the proposed airport shuttle will further relieve the parking demands for this hotel, thus creating a surplus of parking spaces more than satisfactory to accommodate the proposed use of the Property. (d) Literal interpretation of the provisions of this chapter would deprive Petitioner 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 Petitioner. Literal interpretation of the Code would deprive Petitioner of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on Petitioner. If the required parking requirements are enforced, Petitioner could not offer the full service options typical of the upscale Cambria Suites chain of hotels. In particular, the restaurant component is an essential component to the quality service offered by Cambria Suites, as these hotels provide breakfast, lunch, dinner and snack options to its patrons throughout the day- The restaurant will be primarily utilized by the patrons of the hotel, and therefore, the 17 parking spaces required for the restaurant may not be necessary. In addition, the proposed airport shuttle will further relieve any parking concerns associated with the proposed hotel. Considering the services offered by the proposed hotel, attention should be given to the collocation of services in making a final determination on the Parking Variance. (e) The variance granted is the minimum variance that will make possible the reasonable use of the Property. The proposed Parking Variance is only for 5 parking spaces, which is the minimum variance necessary to make possible the reasonable use of the Property. Petitioner has designed the site plan in order to maximize the number of parking spaces for the proposed hotel and Petitioner is only asking for the Parking Variance, which will allow enough spaces to provide sufficient capacity for hotel patrons In the restaurant. (f) Granting the variance will be in harmony with the general intent and purpose of this chapter, and such variance will not be injurious to the area involved or othenn,ise detrimental to the public welfare. Granting the Parking Variance will be in harmony with the general intent and purpose of the Code and will not be injurious to the City or otherwise detrimental to the public welfare. Indeed, Petitioner is proposing a Cambria Suites Hotel, which will provide another upscale hotel chain for the City that will appeal to business travelers and tourists alike. The services offered in connection with the proposed hotel will actually create a surplus of parking, thus justifying the approval of the Parking Variance. impervious Area Variance - Variance from Chapter 28, Articies 29.10 and 30.60 of the Code to permit the maximum impervious area for the Property to exceed 70% by 4.3% for a total impervious area equal to 74.3%. (a) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the same zoning district; The City requires a maximum of 70% impervious area for developed sites. Petitioner is requesting a 4.3% variance above that requirement in order to accommodate the City's other development regulations for the proposed hotel on the Property. In addition, Petitioner understands that the City is currently considering a Code amendment that will reduce the impervious area requirement from 70% to 75%. Regardless of the Impervious Area Variance request, Petitioner will meet all drainage requirements for the Property, which will prevent stormwater runoff from negatively impacting adjacert properties. (b) The special conditions and circumstances do not result from the actions of Petitioner, Many of the City's land development requirements negatively impact the amount of pervious area on a property. Petitioner's site plan complies with each of these requirements, resulting in the Impervious Area Variance request to increase the proposed impervious area by 4.31io. (e) Granting the variance requested will not confer on Petitioner any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district, Granting the Impervious Area Variance will not confer on Petitioner any special privileges that are denied to other properties in the same zoning district. As noted above, Petitioner understands that the City has recognized the excessive rature of this requirement and is in the process of modifying the Code accordingly. Petitioner requires this variance in order to meet other land development regulations imposed on the Property by the City. (d) Literal interpretation of the provisions of this chapter would deprive Petitioner 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 Petitioner,' The literal interpretation of this provision would potentially cause Petitioner to request other variances in place of meeting this requirement. Petitioner's plans have adequately addressed stormwater and drainage requirements with the 4.3% increase, leaving additional area on the Property to accommodate parking and other required development regulations. (e) The variance granted is the minimum variance that will make possible the reasonable use of the Property; The proposed Impervious Area Variance is the minimum variance that will make reasonable use of the Property. Petitioner understands that the City is preparing to amend the Code requirement for maximum impervious area. Upon adoption, Petitioner will satisfy the new 75% requirement. The 4.3% increase requested by the Impervious Area Variance will allow Petitioner to make reasonable use of the Property. (f) Granting the variance will be in harmony with the general intent and purpose of this chapter, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the Impervious Area Variance will be in harmony with the purpose of the City's land development regulations. The increase of impervious area will not negatively Impact adjacent properties. As previously mentioned the Property has been designed to accommodate the basic intent of the impervious area requirement for managing its own stormwater and drainage issues. Pole Sian Variance - Variance from Chapter 28, Article 28.140 of the Code to permit a pole sign for the Property 75-feet in height with 75 square foot sign area where the Code restricts pole signs from exceeding 50-feet In height with a 48 square foot sign area. (a) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the same zoning district,' Special conditions and circumstances exist which are peculiar to the Property and are not applicable to other lands, structures or buildings in the same zoning district. As noted above, the Property is located on the north side of Stirling Road approximately ''/a- mile northwest of the 1-95 1 Stirling Road exit. The vast majority of patrons staying at the hotel are projected as business travelers and tourists visiting South Florida, most of whom will be unfamiliar with South Florida geography and travelling to the Property by way of 1-95, In order for the proposed hotel to operate effectively, potential patrons must know where the hotel is located. The Property's zoning designation specifically permits the proposed hotel along with a 50-foot high sign pole. However, Petitioner has determined that the proposed Pole Sign Variance would allow the hotel to have sufficient visibility from both northbound and southbound 1-95. (b) The special conditions and circumstances do not result from the actions of Petitioner, The special conditions and circumstances noted above do not result from the actions of Petitioner. In particular, the lack of visibility associated with the Property is the result of the urban sprawl impacting South Florida, which has resulted in several developed properties located between 1-95 and the Property. (e) Granting the variance requested will not confer on Petitioner any special privilege that is denied by this chanter to other lands, buildings or structures in this same zoning district; Granting the Pole Sign Variance would not confer on Petitioner any special privilege that is denied to other properties within the IROC zoning district. Indeed, the proposed hotel is permitted to erect a pole sign under the existing zoning regulations just as any other property within the IROC district that meets the minimum requirements. Petitioner is simply requesting the Pole Sign Variance in order to provide greater visibility for the hotel considering the location of the Property in relation to 1-95 and Stirling Road, The Variance would not be necessary if the Property was located (d) Literal interpretation of the provisions of this chapter would deprive Petitioner 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 Petitioner, Literal interpretation of the Code would deprive Petitioner of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on Petitioner. In particular, because the Property is not immediately adjacent to 1-95 or Stirling Road like many other hotels in the City, existing and potential customers would likely have a difficult time making their way to the hotel from the airport. Without the Pole Sign Variance on the Property, the proposed hotel would lose significant visibility from 1-95, which would ultimately impact business operations for the hotel. (e) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure, The Pole Sign Variance is the minimum variance that will allow Petitioner to make reasonable use of the Property. As noted above, Petitioner is permitted to erect a 50- foot pole sign In connection with the development of the proposed hotel. Through the Pole Sign Variance, Petitioner is simply seeking enough height in order to achieve the necessary visibility for the proposed hotel. (f) Granting the variance will be in harmony with the general intent and purpose of this chapter, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the Pole Sign Variance would not be injurious to the surrounding properties or to the public welfare. Indeed, the Pole Sign Variance will simply permit the proposed hotel sufficient visibility from 1-95 to allow hotel patrons to find the Property. This request is consistent with several of the other hotels approved in the City along this corridor. In addition, approval of the Pole Sign Variance will further serve to promote the City as a business and tourist destination.