HomeMy WebLinkAboutO-2008-031 Create section 22.70 to designate the frontier hotel overlay district a share district Monument sign I
ORDINANCE NO. 2008-031
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, TO CREATE SECTION
22.70 TO DESIGNATE THE "FRONTIER HOTEL OVERLAY DISTRICT';
PROVIDING FOR APPROVAL OF A SHARED DISTRICT MONUMENT
SIGN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("City") has adopted zoning district regulations in the City, in order to maintain and improve the
quality of development and compatibility of land uses within the City while allowing a full range
of land uses and services to the City's residents; and
WHEREAS, the City Commission has adopted Article 22 (of Chapter 28, "Zoning" of
the City Code of Ordinances) entitled "Hotel Overlay District" to encourage coordination
between separately developed and owned hotel-oriented projects in areas servicing the tourism
industry within the City in order to better serve the community needs; and
WHEREAS, Article 22 provides standards and criteria for designation of an area as a
Hotel Overlay District; and
WHEREAS, Oakbrook Realty & Invest, LLC, Coed-Stirling Road, LLC, Palmetto
Hospitality of Dania Beach HP, LLC, Palmetto Hospitality of Dania Beach SS, LLC, and
Palmetto Hospitality of Dania Beach OP, LLC (the "Applicant") have applied for designation of
their combined properties as a Hotel Overlay District (the "Application"); and
WHEREAS, all property owners within the proposed District area have joined in the
Application; and
WHEREAS, the uses within the proposed District include three hotels, an outparcel and
an adjacent approximately 17,000 square foot supporting retail shopping plaza; and
WHEREAS, all properties provide tourism support services and have other location, use
or access relationships between the hotels and adjacent retail plaza qualifying for inclusion
j within the District; and
WHEREAS, the proposed District area includes one property located on Stirling Road;
and
WHEREAS, the hotels included in the Application provide, or will provide upon
opening, shuttle service to the Fort Lauderdale-Hollywood International Airport; and
WHEREAS, the Applicant has submitted the location, design and size of the shared
district monument sign for approval simultaneously with their Application, requesting a 123
square foot monument sign, 14 feet in height; and
WHEREAS, the requested size of the shared district monument sign is necessary to
legibly identify the three hotels, outparcel and retail uses which are to be developed within the
District; and
WHEREAS, City staff has reviewed the application and recommends approval based
upon the finding that the proposed district satisfies the purpose and required elements of Article
22; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed the proposed Frontier Hotel Overlay District designation and
recommended approval to the City Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a newspaper of
general circulation in the City, notifying the public of this proposed ordinance and of a public
hearing; and
2 ORDINANCE#2008-031
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan.
E NOW THEREFORE, B IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Creation of the Frontier Hotel Overlay District. That Article 22, "Hotel
Overlay District" of Chapter 28 "Zoning" is amended to read as follows:
ARTICLE 22. HOTEL OVERLAY DISTRICT
* s *
22.70 Creation of the Frontier Hotel Overlay District.
The Dania Frontier Hotel Overlay District is created and it is applied to certain
properties to be developed with three hotels an outparcel and an approximately 17,000 square
foot retail plaza ¢enerallylying north of Stirling Road and east of Interstate-95, to the east and
west of Southwest If Avenue as legally described in Exhibit "A", which is attached to, and
made a part of,this Section by this reference.
Section 3. Shared District Monument Sign Approval. Pursuant to Section 22.52(c),
and to the development of the Frontier Hotel Overlay District with three hotels, an out parcel and
an approximately 17,000 square foot retail plaza, the proposed 123 square foot sign measuring
14 feet in height is approved.
3 ORDINANCE#2008-031
Section 4. That, except as amended above, all other provisions of Chapter 28 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force
and effect.
Section 5. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 7. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on November 25, 2008.
PASSED AND ADOPTED on second reading on December 9, 2008.
ALBERT C. JONES
MAYOR COMMISSI0 ER
ATTEST: mQo Is Fi
vasTc,�r
Cu4t'C n
LOUISE STILSON, CMC
CITY CLERK
' �RPpgATFA ,�
APPROVED AS TO FO A CORRE ESS:
BY: '
THOMAS J. N RO
CITY ATTORNEY
4 ORDINANCE#2008-031
EXHIBIT `A'
Frontier Hotel Overlay District
Legal Description
THE STIRLING ROAD PLAZA PLAT - A PORTION OF THE WEST % (W ''/,) OF THE
SOUTHWEST '/, (SW ''/,) OF THE SOUTHWEST '/, (SW ''/,) OF THE SOUTHEAST '/, (SE ''/,) OF
SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE SOUTHEAST '/, (SE ''/,) OF SAID SECTION 33; THENCE NORTH 00 DEG 43
MIN 45 SEC EAST ON THE WEST LINE OF SAID SOUTHEAST %,(SE '/,), A DISTANCE OF 73.88
FEET OF THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEG 43 MIN 45 SEC
EAST ON SAID WEST LINE 181.94 FEET TO THE WESTERLY PROLONGATION OF THE MOST
WESTERLY SOUTH LINE OF "HILTON GARDENS AT STIRLING ROAD" ACCORDING TO T14E
PLAT THEREOF AS RECORDED IN PLAT BOOK 171, PAGE 16, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; THENCE NORTH 79 DEG 36 MIN 25 SEC EAST ON SAID
WESTERLY PROLONGATION AND SAID MOST WESTERLY SOUTH LINE 171.84 FEET;
THENCE CONTINUING ON THE SOUTH LINE OF SAID "HILTON GARDENS AT STIRLING
ROAD" NORTH 83 DEG 06 MIN 46 SEC EAST 168.05 FEET TO THE SOUTHEAST CORNER OF
SAID "HILTON GARDENS AT STIRLING ROAD", SAID POINT BEING ON THE EAST LINE OF
THE WEST %: (W %:) OF THE SOUTHWEST %, (SW ''/,) OF THE SOUTHWEST '/, (SW ''/,) OF THE
SOUTHEAST '/, (SE ''/,) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE
SOUTH 00 DEG 48 MIN 44 SEC WEST ON SAID EAST LINE 254.04 FEET TO THE
INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD AS SHOWN
ON MISCELLANEOUS MAP BOOK 5, PAGE 21, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; THENCE NORTH 89 DEG 59 MIN 21 SEC WEST ON SAID NORTH RIGHT-
OF-WAY LINE 193.58 FEET; THENCE ON THE NORTH RIGHT-OF-WAY LINE OF SAID
STIRLING ROAD AS SHOWN IN OFFICIAL RECORDS BOOK 23584, PAGE 103, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA THE FOLLOWING THREE (3) COURSES AND
DISTANCES; 1) NORTH 85 DEG 19 MIN 40 SEC WEST 26.60 FEET TO THE INTERSECTION
WITH THE ARC OF A CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS
NORTH 00 DEG 42 MIN 03 SEC EAST; 2) WESTERLY ON THE ARC OF SAID CURVE HAVING
A RADIUS OF 2245.34 FEET, A CENTRAL ANGLE OF 2 DEG 38 MIN 12 SEC AND AN ARC
LENGTH OF 103.33 FEET; 3) NORTH 36 DEG 38 MIN 09 SEC WEST 18.81 FEET TO THE POINT
OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA CONTAINING 76,849 SQUARE FEET(1.7642 ACRES.)
TOGETHER WITH:
A PORTION OF PARCEL A DUKE AND DUKE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 124, PAGE 48 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL "A" AND A
PORTION OF PARCEL `B", KRILICH PLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 142, PAGE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH
LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION
OF SOUTHWEST 18T" COURT AND SOUTHWEST 1ST STREET ABANDONED BY RESOLUTION
OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONER(RESOLUTION NO. 1999-
602) RECORDED IN OFFICIAL RECORDS BOOK 29499, PAGE 803 OF SAID PUBLIC RECORDS.
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF PARCEL A, DUKE AND DUKE SUBDIVISION; THENCE NORTH 87
5 ORDINANCE#2008-031
DEG 52 MIN 10 SEC EAST ALONG THE NORTH LINE OF SAID PARCEL A, 511.87 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01 DEG 20 MIN 16 SEC
EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE SOUTH LINE OF
SAID PARCEL A; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST ALONG SAID SOUTH LINE
OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE
OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 17 MIN 38 SEC EAST
ALONG SAID NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1 AND THE EAST
LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1, A DISTANCE OF 325.00 FEET TO THE
SOUTH LINE OF LOT 6, IN SAID BLOCK 1; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST
ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85.10 FEET TO THE WEST LINE OF
SAID LOT 6 AND THE EAST LINE OF PARCEL `B" KRILICH PLAT, AS RECORDED IN PLAT
BOOK 142, PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 19 MIN 21 SEC
EAST ALONG THE WEST LINE OF LOT 7 AND SAID EAST LINE OF PARCEL `B", 50.00 FEET;
THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST, 15.07 FEET; THENCE NORTH 01 DEG 28 MIN
53 SEC WEST, 31.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 193.00 FEET, A CENTRAL ANGLE OF 54 DEG 27 MIN 25 SEC, AN ARC DISTANCE
OF 183.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO
THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING
A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11 DEG 53 MIN 53 SEC, AN ARC
DISTANCE OF 146.40 FEET; THENCE NORTH 22 DEG 09 MIN 49 SEC EAST, 52.00 FEET TO A
POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 22 DEG 09 MIN 49 SEC EAST FROM
THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 757.00 FEET, A CENTRAL ANGLE OF 14
DEG 59 MIN 12 SEC, AN ARC DISTANCE OF 198.01 FEET; THENCE SOUTH 01 DEG 21 MIN 28
SEC EAST, 52.63 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO
THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07 DEG 48 MIN
42 SEC WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET,A
CENTRAL ANGLE OF 03 DEG 29 MIN 16 SEC, AN ARC DISTANCE OF 42.92 FEET TO A POINT
ON THE WEST LINE OF PARCEL A OF SAID DUKE AND DUKE SUBDIVISION, THE EAST
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95 AND A NON-TANGENT CURVE
CONCAVE TO THE WEST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85 DEG 10
MIN 32 SEC WEST TO THE RADIUS PINT OF THE NEXT DESCRIBED CURVE); THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5929.65 FEET, A
CENTRAL ANGLE OF 06 DEG 57 MIN 09 SEC, AN ARC DISTANCE OF 719.53 FEET TO THE
POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY, FLORIDA,
CONTAINING 422281.37 SQUARE FEET(9.694 ACRES), MORE OR LESS.
TOGETHER WITH:
HILTON GARDENS AT STIRLING ROAD 171-14 B PARCEL A
6 ORDINANCE 42008-031