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HomeMy WebLinkAboutR-2008-141 Luckys Special Exception RESOLUTION NO. 2008-141 A RESOLUTION OF THE CITY OF DANIA E B ACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JAY PATEL, PROPERTY OWNER, FOR A SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF A HOTEL AND THE ASSIGNMENT OF 75 HOTEL ROOMS FROM THE LOCAL ACTIVITY CENTER, IN THE "TOD" (TRANSIT ORIENTED DEVELOPMENT) ZONING DISTRICT,FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that"hotels" are allowed as a special exception use in the TOD (Transit Oriented Development) District; and WHEREAS,Jay Patel,property owner, has applied for a special exception to allow a hotel use with the assignment of 75 hotel rooms from the Local Activity Center,within the"TOD"Zoning District for property located at 205 North Federal Highway in the City of Dania Beach; and WHEREAS, the Planning & Zoning Board on July 16, 2008, recommended that the City Commission grant the special exception request, 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-30-08,fora special exception to allow a hotel with the assignment of 75 hotel rooms from the Local Activity Center in the TOD(Transit Oriented Development) zoning district, for property located at 205 North Federal Highway, 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 August 26, 2008. ALBERT C. JONES MAYOR-COMMISS R ATTEST: �Po�aao•s F1�rc,` LOUISE STILSON, CMC CITY CLERK A7EC �� APPROVED AS TO RM�AND CORRE ESS BY: THO SBRO CITY ATTORNEY 2 RESOLUTION#2008-141 City of Dania Beady Florida Department of Community Development Planning and Zoning Division (954) 924-680S Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Rex/Reserve Units ❑ land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Reed: ' Site Plan —� C Special Exception Petition No.: t__- L -C < Trafficway Waiver ,1k Variance ❑ 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 mast be present at all meetings. All projects must also obtain a building permit from the City's Building Department Location Address: �J� '3 \i\f Lot(s): Block: __ Subdivision: r C-�_n r Z Recorded Plat Name: Folio Number(s): 04;) �`-i cal CIL,C Legal Description: Ir',: r,T C" , \✓t G Applicant/Consultant/Legal Representative ( e one) ` Sri ?~�7r D—D;a3, Address of Applicant: Business Telephone: Home: Fax: ti Name of Property Owner: _ti.,A-E,,, Address of Property Owner. Business Telephone:!'-�J, -150Horne: Fax: Explanation of Request: �1TC`- I c � •r .l \ hi tl u^ i1Ul f'' \ Lr i-� For Plats please provide proposed Plat Name fork Vaiiance's plea attach Criteria Statement as per Amide 10.13 of Chapter 28,Zoning Code. Prop. Net Acreage: Gross Acreage: T Prop. Square Footage: Existing Use: • - i Proposed Use: \-1 Is property owned individually, by a corporation, or a joint venture? .- CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duty authorized officer, have authorized (Applicant/Consuttant(Representative) to make and file the aforesaid application. Sworn to and subscribed bLfore me Corporation Name: This f day of Air�r; L20� T Signature: �Il COURTNEY CRUSH Date: Lt t I ! o MY COMISS10N t DD 653919 EXPIRES:March 22,2071 Bontletl Thm No�l'PutlkuntlennC°rs �, ,• (Print Name) Sign Name of Notary Public (Print Title) State of Print Name of No Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. JOINT VENTUREIPARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consulant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. CRITERIA SPECIAL EXCEPTION AND VARIANCES `^'L i r Pursuant to the regulations of Section 21.12 Downtown Transit Oriented Development-gam District of the Dania Beach Code of Ordinances (the "Code") applicant desires to build a hotel -- on the property located at 205 N. Federal Highway, Dania Beach, Florida (the "Property"). A special exception is requested for this proposed hotel located in the TOD district. The proposed hotel (the "Hotel") meets the criteria for a special exception as follows: (1) That the use is permitted as a special exception use as set forth in the Schedule of Use Regulations, City of Dania Beach, in article 4 hereof. The TOD zoning district permits hotels with a minimum of 75 rooms as a special exception use. (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 Hotel is a desirable use in the TOD, will enhance the Federal Highway corridor and improve the pedestrian experience, and therefore will not cause a detrimental effect on the value of contiguous uses or the general area. (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 Hotel is a desirable use in the TOD, will enhance the Federal Highway corridor and improve the pedestrian experience, and therefore will not cause a detrimental effect on the value of contiguous uses or the general area. (4) That adequate landscaping and screening are provided as required in this chapter. The Hotel will provide adequate landscaping and is depicted on the landscape sheet attached to this application. a (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. The Hotel provides adequate parking for this limited service hotel and is requesting a An analysis of the adequacy of the from the provisions of the Code. y q Y parking variance fr P 9 parking will be provided. (6) That the use will be consistent with the existing Comprehensive Plan. Hotels are permitted by the TOD zoning district which is consistent with the Dania Comprehensive Plan designation of Local Activity Center. (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 Hotel and its use as a hotel will not have negative environmental impacts on contiguous properties or the general area. (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 Hotel and its use as a hotel will not have negative effect on vehicular or pedestrian traffic on contiguous properties or the general area. In fact, the Hotel is designed to enhance the pedestrian experience of Federal Highway. Further access to the Hotel is on the South off of NE 1s`St, where it will not impact traffic flow on Federal Highway. (9) That the use will not utilize tuming movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. As stated above, access to the Hotel is on the South off of NE 1:t St, where it will not impact traffic flow on Federal Highway. Adequate stacking space is provided and turning will be internal to the Hotel garage. (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 Hotel is designed in keeping with the design guidelines in the TOD and will enhance the contiguous properties and begin the redevelopment of the TOD District. (11) 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 on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. The Hotel is limited service and will not contain a restaurant. The use is consistent with the office use to the north, and commercially zoned residential use to the North West, and will not cast unnecessary light to the north. (12) That the use will not overburden existing public services and facilities. The applicant will confirm that there are adequate public services and facilities necessary to support the Hotel and provide documentation of same. (13) That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. The Hotel has been designed to provide adequate access for fire, police and other essential public services (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 TOD zoning district permits hotels with a minimum of 75 rooms as a special exception use. The Hotel is a desirable use in the TOD, has been designed in keeping with the TOD design requirements, and will enhance the Federal Highway corridor and improve the pedestrian experience. Further the Hotel represents a significant redevelopment effort in keeping with the TOD District intent. 10.13. VARIANCES. The Hotel is requesting variance to Section 21.12 of the Code as follows: Height: South and West Setbacks Parking 1. HEIGHT VARIANCE —VARIANCE FROM 60' TO 67' (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 Hotel property is comprised of a half acres of land and is bounded on three sides by rights- of-ways. The intent of the TOD to encourage land acquisition is not feasible for the Property. To the north of the Property is an existing law firm. The Hotel proposes a height of 67', where the Section 21.13 permits 60 feet for a property this size. Given the respectful design and generous north setbacks, and the visual separation created by the three rights of way, applicant believes this Property is unique and the height proposed is appropriate. b That the special conditions and circumstances do not result from the actions of the applicant; The configuration of the Property, both its size and boundaries are not created by any action of the applicant (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;