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HomeMy WebLinkAboutR-2009-022 Comfort Suites Variance RESOLUTION NO. 2009-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING VARIANCE REQUESTS SUBMITTED BY SCOTT BACKMAN, ESQUIRE, REPRESENTING THE PROPERTY OWNER BRYAN ROAD DEVELOPMENT LLC (DP HOTELS, INC.) FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 150 BRYAN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21, prescribes the regulations for off street parking , within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.22, prescribes the regulations for off street loading, within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 18.60, prescribes the regulations for building height within the Industrial Research Office Marine(IROM) zoning district within the City; and WHEREAS, Scott Backman, Esquire, representing the property owner Bryan Road Development LLC (DP Hotels, Inc.), has applied for variances (VA-65-08) as follows: 1. To allow 1 loading space (Chapter 28, "Zoning" Article 6.22 "Off-Street Loading" requires 4 loading spaces); 2. To allow 128 parking spaces (Chapter 28, "Zoning" Article 6.21 "Off-Street Parking" requires 139 parking spaces); 3. To allow the building height to be six stories (Chapter 28, "Zoning" Article 18.60 "IROM Area Requirements", allows five stories); for property located at 150 Bryan Road, Dania Beach; and WHEREAS,the Planning&Zoning Board on January 21,2009,recommended that the City Commission grant the variance requests of VA-65-08, based upon the criteria set forth in section 10.13 of Article 10,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 VA-65-08, for the variances described above from requirements in Chapter 28,"Zoning",of the City of Dania Beach Code of Ordinances,a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1) Applicant provides a 7 day/24 hour airport shuttle. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on February 24, 2009. 141445rc x7t�— ALBERT C. JONES MAYOR—COMMISS ER -S FIRST C'T ATTEST: mQ° r V l .2 LOUISE STILSON, CMC , CITY CLERK APPROV D A O FORM AND CORRECTNESS: TH A A S RO CITY ATTORNEY 2 RESOLUTION #2009-022 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ■ Assignment of Flex/Reserve Units ❑ Land Use Amendment OEM El Plat C EEIii ❑ Plat Delegation Request ❑ Rezoning AUG 2 B NOS Rec'd: �� b i Site Plan ❑ Special Exception Petition No.: 5 h3 ❑ Traf�cway Waiver Planning p ` ■ 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 fad 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: 1a0 Bryan Road Lot(s): Block: Subdivision: Recorded Plat Name: SVmons Plat Folio Number(s): 5042 3327 DD1D Legal Description: See Attached Applicant/Consultan Legal Representative circle one) Scott Backman. Eso. Address of Applicant: 5355 Town Center Road, Suite 801, Boca Raton, Florida 33486 Business Telephone: (561)237-1537 Home: Fax: (561)544-8668 Name of Property Owner: Bryan Road Development Group LLC (DP Hotels, Inc. - Contract Purchaser) Address of Property Owner: PD Box 403780,Miami Beach, Florida 33140(1500 SE 5th Avenue Dania Beach FL 33004) Business Telephone: Home: Fax: Explanation of Request: See attached Variance Justification. For Plats please provide proposed Plat Name for VarianceS please attach Criteria Statement as per ArVcfe 10,13 of Chapter 28, Zoning Code. Prop. Net Acreage: 1.91 acres Gross Acreage: Prop. Square Footage: B3,151 sq. ft. Existing Use: Industrial Proposed Use: Hotel and Office Is property owned individually, by a corporation, or a joint venture? Corporation 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 duly authorized officer, have authorize ican nsultant/Representative) to make and a aforesaid application. Sworn to and subscribed before me Corporation Name: '4�)� This 7 day of�TVT 20 6 Signature: r.Na _ F C.WWA#DDD53ODB2 � �"' Eyes3nDZD�o Date: G nda0 Dy iBDDy432 z 6 -4 Fb..ea Noary As .i (Print Name) Sign\ of Notary Public (Print Title) State of( ) Pdnt Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. 3OINT VENTURE/PARTNERSHIP 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/Consultant/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. I understan .t site plan and variance approval automatically expires within 12 months I m' ion approval, pursuant to Ordinance No. 2005-040. � F � Jc c 9 f�8 fob scan ner sig Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/,, p ntative: This 2 day of 2D b Signature: Date: Ila l l t�`oa ' "" ' °`°""°"°'°°" Sign me o o � (Print Name) State bf co*000s3o 2 Eepm.VT92010 _ _ BMd&d by(B00µ3242 4 ? +n ..—.... No[arf Hssn...... °.... Print Name of Notary Street Address, City, State and Zip Code ( Commission Expires: Seal: Telephone No. & Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have aut-torized (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. SIEGEL, LIPMAN, DUNAY, SHEPARD IS MISKEL, LLP GARY S. DUNAY THE PLAZA • SurrE 801 (551) 368-7700 KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX (561) 358-9274 BONNIE MISKEL BOCA RATON, FLORIDA 33486 JONATHAN L. SHEPARD WWW.SLDSMLAW.COM CARL E. SIEGEL 1.r SCOTT BACKMAN N 6V LINDA B. LYMAN OCT g 2008 VARIANCE JUSTIFICATION STATEMENT — DP Hotels, LLC ("Petitioner') is proposing to develop a 101 room 6-story hotel and a 4,150 square foot 1-story office building within the City of Dania Beach, Florida. The property is generally located on the northeast corner of Stirling Road and Bryan Road ("Property"). The Property is zoned IROM — Industrial Residential Office & Marine District, which permits the proposed hotel and office building. The Property is currently developed with a variety of industrial buildings consistent with the Industrial land use and zoning. 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 Code to permit a total of 127 parking spaces for the Project where the Code requires 139 parking spaces (the "Parking Variance"); 2. Variance from Chapter 28, Article 18.60 (a) of the Code to permit a 6-story building with a maximum height of 56.33 feet where the Code permits a 5-story building with a maximum height of 62 feet (the "Height Variance"); 3. Variance from Chapter 28, Article 6.22 of the Code to permit a total of 1 loading berth where the Code requires 3 loading berth spaces (the "Loading Berth Variance");and 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) 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. Parking Variance -Variance from Chapter 28, Article 6.20 of the Code to permit a total of 127 parking spaces for the Project where the Code requires 139 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. Specifically, the Property is long and narrow, creating significant design constraints for the proposed uses. Petitioner's site plan complies with most Code requirements, and justifies eliminating a small percentage of required parking through the collocation of uses and complimentary airport shuttle service. In this case, Petitioner is requesting a variance to reduce the required number of parking spaces for the Project by 12 parking spaces. The office building, standing alone, actually provides sufficient parking to accommodate the proposed office square footage. However, hotel will have access to the vacant office spaces overnight and on weekends considering the general 9 to 5 hours of operation anticipated for the office uses. 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 Project beyond the 12 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. Other than choosing to purchase the Property for redevelopment consistent with the City's vision, Petitioner has no control over the shape or size of the Property. As noted above, due to the lack of flexibility in site design, Petitioner has chosen to eliminate a small percentage of parking spaces considering the proximity of the Property to the airport, as well as the opportunity to share spaces with the office building during off peak hours. Unfortunately, the Code does not account for shared parking or shuttle service to off set parking deficiencies, thus necessitating this Parking Variance. (c) 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 some 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 airport shuttle service. Indeed, because Petitioner is providing parking for both the proposed hotel and the office building, there will be more than enough parking to accommodate patrons of both uses. The parking for the proposed hotel and office building will be utilized at different peak times of the day. In addition, the complimentary 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.