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HomeMy WebLinkAboutR-2009-095 Banyan Bay Site Plan REVISED RESOLUTION NO. 2009-095 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST AND REQUEST FOR WAIVERS SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, FOR PROPERTY GENERALLY LOCATED AT 4491 RAVENS WOOD ROAD,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, Chapter 28 Zoning, Article 18.60 of the Code of Ordinances of the City of Dania Beach,Florida,states that the City Commission can grant a waiver to the setback requirements in the Industrial Research Office Marine (IROM) and Commercial (C-4) zoning district; and WHEREAS,John M. Milledge,Esquire,representing John T. Loos,Managing Member of Banyan Bay Marine Center,LLC,is requesting site plan approval for the proposed construction of a fifty(50)foot tall dry stack boat storage and repair building,9,270 square foot restaurant and 2-story dock master/ship store building, with the following waivers: WA-82-08—Industrial Research Office Marine (IROM)waivers to allow: 1. the dock master building north setback to be 10 feet;(Chapter 28,Zoning,Article 18.60 requires a 21.5 foot setback.) 2. the restaurant north setback to be 10 feet; (Chapter 28,Zoning,Article 18.60 requires a 20 foot setback, for property generally located at 4491 Ravenswood Road, in the City of Dania Beach; and WHEREAS, the Planning and Zoning Board on January 21, 2009, recommended that the City Commission deny the site plan request(SP-57-07)and subsequent waivers(WA-82-08),based upon the criteria set forth in Section 8.4 of Article I 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-57-07) for site plan approval and waivers (WA-82-08), a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved with the following conditions: 1. Must provide FAA approval letters for pole sign and buildings prior to issuance of a building permit. Letter provided from FAA indicate a 5l'building above mean sea level,however highest point of building is 85.5' & does not include the proposed pole sign(Planning Division). 2. The unity of title provided must be recorded in Broward County public record prior to issuance of the building permit(Planning Division). 3. Bond for canopy replacement in amount of$12,960 as well as a bond for the tree relocation in the amount of $14,310 will be required prior to issuance of a building permit (Landscape Consultant). 4. Confirm hydrant clearances will be met for hydrants located at the NE&SW comers of boat rack system (Fire Marshal). 5. Provide DDCV for fire sprinkler/standpipe system (Fire Marshal). 6. Garage doors shall not be installed on the west side of the dry stack building. 7. Outdoor entertainment shall not extend beyond 10:00 p.m. on any day, although it may be continued if conducted in a fully enclosed area;in no case shall entertainment extend beyond midnight on any day. 8. Applicant agrees to pay to the City$5,000.00 on or before the date the first building permit is issued, such sum to be used by the City for traffic calming measures related to the project. 9. 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. 2 RESOLUTION#2009-095 REVISED Section 2. That based upon the criteria set forth in Section 8-4(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 18 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. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 26, 2009. 6 ANNE CASAO MAYOR—COMMISSIONER ATTEST: !.n4144 �� OPo�pRDIs ggrTCP LOUISE STILSON,CMC CITY CLERK 7 � APPROVED AS TOTAN4SRO CORRECTNESS: BY: T S . CITY ATTORNEY 3 RESOLUTION#2009-095 REVISED RESOLUTION NO. 2009-095 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND REQUEST FOR WAIVERS SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, FOR PROPERTY GENERALLY LOCATED AT 4491 RAVENS WOOD ROAD,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, Chapter 28 Zoning, Article 18.60 of the Code of Ordinances of the City of Dania Beach,Florida,states that the City Commission can grant a waiver to the setback requirements in the Industrial Research Office Marine (IROM) zoning district; and WHEREAS,John M. Milledge,Esquire,representing John T. Loos, Managing Member of Banyan Bay Marine Center,LLC,is requesting site plan approval for the proposed construction of a fifty(50)foot tall dry stack boat storage and repair building,9,270 square foot restaurant and 2-story dock master/ship store building, with the following waivers: WA-82-08—Industrial Research Office Marine(IROM) waivers to allow: 1. the dock master building north setback to be 10 feet;(Chapter 28,Zoning,Article 18.60 requires a 21.5 foot setback.) 2. the restaurant north setback to be 10 feet; (Chapter 28,Zoning,Article 18.60 requires a 20 foot setback, for property generally located at 4491 Ravenswood Road, in the City of Dania Beach; and WHEREAS,the Planning and Zoning Board on January 21, 2009, recommended that the City Commission deny the site plan request(SP-57-07)and subsequent waivers(WA-82-08),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-57-07) for site plan approval and waivers (WA-82-08), a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved with the following conditions I. Must provide FAA approval letters for pole sign and buildings prior to issuance of a building permit. Letter provided from FAA indicate a 51' building above mean sea level,however highest point of building is 85.5' & does not include the proposed pole sign (Planning Division). 2. The unity of title provided must be recorded in Broward County public record prior to issuance of the building permit(Planning Division). 3. Bond for canopy replacement in amount of$12,960 as well as a bond for the tree relocation in the amount of $14,310 will be required prior to issuance of a building permit (Landscape Consultant). 4. Confirm hydrant clearances will be met for hydrants located at the NE&SW corners of boat rack system (Fire Marshal). 5. Provide DDCV for fire sprinkler/standpipe system (Fire Marshal). It is filrther noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION #2009-095 Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 26, 2009. 0",c,;ro ANNE CASTRO �,5 FIRS c� YOR—COMMISSIONER ATTEST: �P r 1 LOUISE STILSON, CMC CITY CLERK APPROVED AS O F AND CORRECTNESS: BY: rk THO A NS O CITY ATTORNEY 3 RESOLUTION#2009-095 (3ty of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General evelopment Application IN Assignment of Flex/Reserve U liliJen O Lnd Use Amendment O Plat LOS 0 Plat Delegation Request J y 0 m Rezoning Date Reed: is sue Plan ial I 5 R 5ri-0'1 � 8pee1nlEteeptbn Petition No.: O Special Request ca pz-' g -0, O Trufiieway Waiver VA=i8-D8 SE-g3-1$ vP-4y•og 5�-�j� -01 0 Valiance 4q.igro9 O Vacation Request Jt<-q,�� vA, ,o-7 O Other.-------- L f u8 VA- ir d3 WA-Z-09 vA-43-06 • - THIS APFUCAT70N WIIL NOT BEACC7lZ'= UNTIL IT IS ODLIM=AND SUBbIIT=WITH ALL NKRSARRY DOCI M17478. Refer to the application typo at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with owb application. For after the hwt applications, the responsible contractor of record shall be present at the bard hearing. Their flhare to attend may impact upon the disposition of your application. As always, the applicant or their authorised kpi-agent must be present at iQmeetngs. Ali projects must also obtain a building permit from the C ity't Harking Department. location Address: 4491 Ravenswood Road, Dania Beach Lot(s): Block: Subdivision: See below and attached. Recorded Plat Name: MVL Plat Folio Niambcr(s): 504229410010 Legal Description: See attached 504229011390 504229011380— Appiicant/Consukan 1 Represenut' circle one) John M. Milledge, Esq. Address of Applicant: 11n S F R" Rtrje -t, 1.5o' flnnr"Fnrt miriPrriale, Fl 33301 Business Telephone: 954-761-8640 Home: "'-' Fax: 954-761-8979 Name of Property Owner. Banyan Bay Marine Center, LLC Address of Property owner: 1815 Cordova Road #210, Fort Lauderdale, FL 33316 Business Telephone: 954-522-4500 Home: --- Fax 954-525-5244 Explanation of%quest: Marina facility with restaurant Prop.Not Acreage: 12.9 Gross Acreage: 12.9 Prop. Square Footage: 561,924 Existing Ube: Marina proposed Use: Marina Is property owned individually, by a corporation, or a joint venture? Comoration 2550-Game!Applicatim CORPORATION NOTARIZED SIGNATURE: Ths is to certify that the below referenced corporation is the owner of subject lands described above and thaw-I,ty: duly authorized officer, have authorized (Applicant/Cmuultant/Represenutive) �oaalsJ G0a 5 to male and Sib the aforesaid application. Swore to and subscribed before me Corporation Name: i This _E'�day of 200%( % ti .1 Signature: Date: John T. Loos yy (Print Name), Vef ota bile (fit Title)) S'4NState of .O/4 ) 1815 Cordova Road,#210,Ft. Lauderdale, FL 33316 pre' t Name o Notary Street Address, City, State and Zip Code Comes i � K4RLY E� Pb- 954_c72450 Fax- 954-525-5244 Seal n Telephone No. k Fax M. qa� I:XPI a13:Un.3I1110 (br131ap1 S1 r+oa.Noln'S�'Ovn I JOINT VENTURFI PARTNIRSHIP NOTARIZED SIGNATURE: Ths 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 authorzed (Applicant/ConsuYant/Representative) to malm and file the aforesaid application. Sworn to and subscribed before me Ths_day of 20_ Signature: Date: I (Print Name)'• Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seat Telephone No. A Fax M. **Each partner must sign. Attach duplicate sheets as required. 2530-General Application I understand that site plan approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. ----------------- ---------------------- ------------ Applicant/Ownersignature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Cbnsuhant/Repreeentative: This C day ofJ 2007 Signature:Q7t--�- AtAA Date:�� John M. Milledge,Esquire Sign Name of No Public (Print Name) State of( ) CJMJSTINE ICMOHT "n'�0 'N?0. u 110 SE 6" Street, 15`a Floor, Fort Lauderdale,FL 33301 Print eaaaaAam Street Address, City, State and TAp Code _Commission FxpimB-- Ph:-954-761-8640-- - Fax, 954-761-8979- Seal• Telephone No. &Fax No. INDIVIDUALOWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant(Oonsuhant/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 Tip lode Commission Expires: Soak Telephone No. &Fax No. 2550—General Application i BANYAN BAY MARINA Dania Beach, FL CRITERIA STATEMENTS JAN 1 4 2009 Planning Department January2OO9 � TABLE OF CONTENTS Page 1. REZONING/SPECIAL REQUEST TO REZONE A PORTION OF THE SITE TO C-4/(A.) 1 EXCEPTION SPECIAL EXCEPTION USE FOR BOAT REPAIR,SERVICE AND STORAGE i REQUEST FOR(B.)SPECIAL EXCEPTION DRY STACK STORAGE 4 2. SITE PLAN SITE PLAN APPROVAL 7 3. PLAT NOTE CURRENT/PROPOSED 7 4, SPECIAL EXCEPTION REQUEST FOR ENTERTAINMENT USE 7 5. VARIANCE REQUEST FOR 10'WALL 10 6. VARIANCE SIDEWALK ADJACENT TO RAVENSWOOD ROAD 12 i T VARIANCE WALL SIGN VARIANCE 13 8. VARIANCE REQUEST FOR 2 DIRECTORY SIGNS(INSTEAD OF 1)AT DOCK 15 MASTER BUILDING 9. VARIANCE REQUEST FOR INCREASE FROM 3(PERMITTED) MONUMENT 16 SIGNS TO 4(PROPOSED). 10. VARIANCE REQUEST FOR POLE SIGN AREA INCREASE FROM 48 SF 18 (PERMITTED)TO 125.4 SF(PROPOSED)AND HEIGHT INCREASE TO 99 FEET 11. VARIANCE REQUEST FOR DRY STACK CONDITIONS 19 12. VARIANCE INTERIOR LANDSCAPE 21 13. VARIANCE REQUEST FOR WEST SETBACK REDUCED FROM 50'TO 35'AT 23 DRY STACK BOAT STORAGE BUILDING. 14. VARIANCE DIRECTORY SIGNAGE: REQUEST FOR LETTER HEIGHT 25 INCREASE FROM 4"TO 5"-8". 15. VARIANCE PARKING VARIANCE 26 16. WAIVER RESTAURANT AND MARINA STORE SETBACK ALONG DANIA 29 CUT-OFF CANAL i L3 Banyan Bay Marina Criteria Statements s. 1. REZONING/SPECIAL EXCEPTION T' REQUEST TO REZONE A PORTION OF THE SITE TO C-4/(A)SPECIAL EXCEPTION USE FOR BOAT REPAIR,SERVICE AND STORAGE. a. 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 use is permitted under the C-4 District as a special exception use. 'S b. 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 proposed use will not create a detrimental impact to the value of the existingcontiguous uses. Proper buffering will be established between th e , subject property and the adjacent uses to the west.To the south and east Is heavy industrial/commercial utilization. To the north is a restaurant and Broward County park. c. 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 will be compatible with existing uses as noted above. Further, architectural standards and designs have been incorporated into the facility, which are compatible with the uses and zoning of the surrounding area. The above noted facility also is meeting a high demand for this type of facility within Broward County and particularly southern Broward County. Dania Beach has similar marina facilities along Dania Cut-off Canal. This project is of the proper scale and orientation of similar structures within the area and is compatible with those uses. d. That adequate landscaping and screening are provided as required in this chapter. The applicant is maintaining many of the mature trees existing on site.This includes transplanting trees at an extraordinary cost in order to help protect and maintain those species. They will also be utilized in the landscaping and screening of the site. Page 1 Banyan Bay Marina Criteria Statements e. That adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. Parking and loading Is provided for both the marina and the restaurant facility.The marina facility is a unique use with a low parking impact which will be compatible with the restaurant facility which has a higher parking a requirement. ;r Access to the site will be from S.W. 45'j' Street. There will be no direct access to Ravenswood Road. Further, the site will be a secure facility and there will be gates that control access to various parts o the facility. f. That the use will be consistent with the existing Comprehensive Plan. The use is consistent with the Comprehensive Plan,which permits both the existing marina facility on the site, as well as the expansion as a neighborhood commercial use. g. 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 use will not have a detrimental impact upon contiguous properties.The applicant, through its protection of many mature trees on the site, is ensuring the environmental Integrity of the site. Also, through the permitting process for the marina facility, environmental review agencies have a significant influence in that process and will ensure the protection of the environmental quality of the area. h. 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. As noted above,the traffic circulation and parking conditions will not have a detrimental effect on the health, safety and welfare of the community. The parking and circulation is self-contained on the property through a single access along SW 45"' Street. Pedestrian traffic is also accommodated on the site and an off-site sidewalk will be incorporated along the south and east perimeters of the property. i. 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 on or near the site that would be hazardous or a Page 2 Banyan Bay Marina Criteria Statements nuisance. The site will not utilize turning movements that would cause a nuisance situation. The access to the site will be from SW Wh Street, which Intersects with Ravenswood Road which is a primary roadway within the area. j. 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. on the futu re development ent of The use will not have a detrimental effect p r ert ies are full developed. properties.The contiguous o Y P r e properties nti uous 6 co oP g i k. 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 use will not result in incompatible noise, lights, vibrations, fumes, odors, dust or physical activities. The site plan for the site ensures the lighting photometrics are consistent with the City's Code. Any external activities on the site are maintained on the interior portion of the site and will not have a detrimental effect on the existing surrounding uses. I. That the use will not overburden existing public services and facilities. Existing public services and facilities are In place to serve the site in terms of traffic,water and sanitary sewer. m. That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. The site plan has been developed to ensure sufficient accessibility for fire, police, rescue and other essential public services to the site. n. 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. Page 3 Banyan Bay Marina Criteria Statements The use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification permitted within this district. REQUEST FOR(B)SPECIAL EXCEPTION USE FOR DRY STACK STORAGE. a. 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 use is permitted under the C-4 District as a special exception use. b. 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 proposed use will not create a detrimental impact to the value of the existing contiguous uses. Proper buffering will be established between the subject property and the adjacent uses to the west.To the south and east is heavy industrial/commercial utilization. To the north is a restaurant and Broward County park. ,d c. 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 will be compatible with existing uses as noted above. Further, architectural standards and designs have been incorporated into the facility, which are compatible with the uses and zoning of the surrounding area. The above noted facility also is meeting a high demand for this type of facility within Broward County and particularly southern Broward County. Dania Beach has similar marina facilities along Dania Cut-off Canal. This project is of the .proper scale and orientation of similar structures within the area and is compatible with those uses. d. That adequate landscaping and screening are provided as required in this chapter. The applicant is maintaining many of the mature trees existing on site.This Includes transplanting trees at an extraordinary cost in order to help protect and maintain those species. They will also be utilized in the Page 4 i Banyan Bay Marina Criteria Statements 4 landscaping and screening of the site. e. That adequate parking and loading is provided and ingress and egress-is so designed as to cause minimum interference with traffic on abutting streets. I Parking and loading Is provided for the Dry Stack Storage Marina. The marina facility is a unique use with a low parking Impact which will be compatible with the restaurant facility which has a higher parking requirement. Access to the site will be from S.W. 45"' Street. There will be no direct �- access to Ravenswood Road. Further, the site will be a secure facility and there will be gates that control access to various parts o the facility. f. That the use will be consistent with the existing Comprehensive Plan. The use is consistent with the Comprehensive Plan, which permits both the existing marina facility on the site; as well as the expansion as a neighborhood commercial use. g. 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 use will not have a detrimental impact upon contiguous properties.The applicant, through Its protection of many mature trees on the site, is ensuring the environmental integrity of the site. Also, through the permitting process for the marina facility, environmental review agencies have a significant Influence In that process and will ensure the protection of the environmental quality of the area. h. 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. As noted above,the traffic circulation and parking conditions will not have a detrimental effect on the health, safety and welfare of the community. The parking and circulation is self-contained on the property through a single access along SW Wh Street. Pedestrian traffic is also accommodated on the site and an off-site sidewalk will be incorporated along the south and east perimeters of the property. Page 5 Banyan Bay Marina Criteria Statements i. 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 on or near the site that would be hazardous or a nuisance. The site will not utilize turning movements that would cause a nuisance situation. The access to the site will be from SW 4V' Street, which intersects with Ravenswood Road which is a primary roadway within the area. j. 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 use will not have a detrimental effect on the future development of contiguous properties.The contiguous properties are fully developed. k. 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 use will not result in incompatible noise, lights, vibrations, fumes, odors, dust or physical activities. The site plan for the site ensures the lighting photometrics are consistent with the City's Code. Any external activities on the site are maintained on the Interior portion of the site and will not have a detrimental effect on the existing surrounding uses. I. That the use will not overburden existing public services and facilities. Existing public services and facilities are in place to serve the site in terms of traffic,water and sanitary sewer. m. That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. The site plan has been developed to ensure sufficient accessibility for fire, police,rescue and other essential public services to the site. n. 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 Page 6 Banyan Bay Marina Criteria Statements commission. 2. SITE PLAN APPROVAL SITE PLAN APPROVAL IS ALSO BEING REQUESTED. 3. PLAT NOTE Current Plat Note: Commercial 8,900 square feet Boat Storage 39,000 square feet Proposed Plat Note: Marina (wet/dry) 487 berths Ancillary Commercial 20,700 square feet Max. Building Height/Sign Height 105 feet AMSL 4. SPECIAL EXCEPTION REQUEST FOR ENTERTAINMENT USE a. 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 use is permitted under the IROM District as a special exception use. b. 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 proposed use will not create a detrimental Impact to the value of the existing contiguous uses. The proposed live entertainment would be at the restaurant facility which is located in the far northeastern corner of the property directly across from the Rustic Inn restaurant which is situated on the north side of the canal. Immediately east of the restaurant is Ravenswood Road and the bridge that crosses the Dania Cut-off Canal. Proper buffering will be established between the subject property and the adjacent uses to the west. To the south and east is heavy Industrial/commercial utilization. To the north is a restaurant and Broward County Marine park. c. 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; Page 7 Banyan Bay Marina Criteria Statements The property will be compatible with existing uses as noted above. Further, architectural standards and designs have been Incorporated into the facility, which are compatible with the uses and zoning of the surrounding area. The proposed live entertainment located at the restaurant will be compatible with existing uses on contiguous property. As noted previously, to the north is the existing Rustic Inn restaurant which is situated on the north side of the Dania Cut-off Canal. The live entertainment will be situated at the restaurant which Is in the northeast corner of the subject property. Also in that corner of the subject property is a landscape buffer along the eastern limits of the property and landscaping along the entrance to the marina facility. There are existing similar uses such as the outdoor restaurant and entertainment that have existing within the City of Dania Beach.This project Is of the proper scale and orientation of similar structures within the area and is compatible with those uses. d. That adequate landscaping and screening are provided as required in this chapter. I The applicant is maintaining many of the mature trees existing on site. This includes transplanting trees at an extraordinary cost in order to help protect and maintain those species. They will also be utilized in the landscaping and screening of the site. e. That adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. Parking and loading is provided for both the marina and the restaurant facility. The marina facility is a unique use with a low parking Impact which will be compatible with the restaurant facility which has a higher parking requirement. Access to the site will be from S.W.45ti'Street.There will be no direct access to Ravenswood Road. Further, the site will be a secure facility and there will be gates that control access to various parts o the facility. f. That the use will be consistent with the existing Comprehensive Plan. The proposed live entertainment is accessory to the restaurant which is a permitted use within the City's Comprehensive Plan. b. 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. Page 8 Banyan Bay Marina Criteria Statements i The proposed live entertainment will not have a detrimental affect on contiguous properties. The hours of operation planned for the live entertainment are Sunday through Thursday until 10:00 p.m. and Friday and Saturday until 12:00 midnight. In addition, he applicant,through Its protection of many mature trees on the site,is ensuring the environmental Integrity of the site. 4r c. 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. As noted above, the traffic circulation and parking conditions will not have a detrimental effect on the health, safety and welfare of the community. The parking and circulation Is self-contained on the property through a single access along SW 45"' Street. Pedestrian traffic is also accommodated on the site. d. 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 on or near the site that would be hazardous or a nuisance. The site will not utilize turning movements that would cause a nuisance situation. The access to the site will be from SW 451' Street, which intersects with Ravenswood Road which is a primary roadway within the area. e. 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 use will not have a detrimental effect on the future development of contiguous properties.The contiguous properties are fully developed. f. 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 use will not result in incompatible noise, lights, vibrations, fume s, odors dust or physical activities. The site plan for the site ensures the lighting photometrics are consistent with the City's Code.As noted above, the hours of operation for the live entertainment will be Sunday through Thursday until 10:00 p.m. and Friday and Saturday until 12:00 midnight, which would have a limited impact in terms of noise for the surrounding area. Page 9 Banyan Bay Marina Criteria Statements g. That the use will not overburden existing public services and facilities. Exlsting public services and facilities are in place to serve the site in terms of traffic,water and sanitary sewer. h. That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. The site plan has been developed to ensure sufficient accessibility for fire, police, rescue and other essential public services to the site. L 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 use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification permitted within this district. S. VARIANCE REQUEST FOR 10'WALL a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Due to the unique nature of the location of the site to the adjacent residential area, the applicant proposes to provide for a 10-foot wall in lieu of an 8-foot wall in order to further protect the interaction with the adjacent residential. Substantial buffers have been planned for the facility. The applicant is relocating a substantial portion of mature trees on site to create a substantial buffer along the western limits of the property. Additional landscaping elements are provided throughout the property and along the perimeter of the property to provide substantial buffering and enhance the compatibility of the use with the surrounding area. b. That 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 the applicant. The existing wet marina facility was existing on the site when the site was acquired for the proposed use of the wet/dry marina. The Page 10 Banyan Bay Marina Criteria Statements a fall adjacent available land for the and the juxtaposition of the wet marina facility expansion of the marina dry stack facility constrains the expansion to provide for additional dry stack marina facilities to support the growing demand for this type of facility. 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 This creation of the 10-foot wall will not confer on the applicant any special privilege that is dented by this chapter of the zoning code to other lands, buildings or structures in the same zoning district. Rather, the applicant is willing to spend the additional money to construct the SO-foot wall to further enhance the Interaction with the residential uses to the west. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant The literal interpretation of the chapter deprives the applicant of rights commonly enjoyed by properties in the same zoning district.The 10-foot wall, rather than 8-foot, would actually enhance the interaction with the existing residential to the west and the proposed utilization of the site and the enhancements planned for the western limits of the site. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure This minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. it would create further compatibility with adjacent uses. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. I The variance will be in harmony with the general Intent and purpose of the chapter and will not be injurious to the area involved or otherwise detrimental to the public welfare. Substantial buffers have been planned for the facility. The applicant is relocating a substantial portion of mature trees on site to create a substantial buffer along the western limits of the property. Additional landscaping elements are provided throughout the property and along the perimeter of the property to provide substantial buffering and enhance the Page 11 Banyan Bay Marina Criteria Statements compatibility of the use with the surrounding area.The property is situated in primarily in an industrial zone within the city's comprehensive plan and the zoning code of the city. The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 6. VARIANCE SIDEWALK ADJACENT TO RAVENSWOOD ROAD a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; There is a unique circumstance as it relates to the frontage along Ravenswood Road. This area connects to a bridge over the Dania Cut-off Canal, which does not have sidewalks. In order to construct the sidewalk along Ravenswood frontage would be essentially a sidewalk to nowhere and would present hazardous and dangerous condition. b. That 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 the applicant. As noted the site is located on Ravenswood Road north of Griffin Road. Ravenswood Road is a collector road serving the area. The existence of the bridge over the Dania Cut-off Canal without sidewalks presents a hazardous and dangerous condition.The existing conditions and location of the site do not result from the actions 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 This variance will not confer on the applicant any special privilege that is denied by this chapter of the zoning code to other lands,buildings or structures in the same zoning district. Other facilities in the area could have the opportunity to request a similar treatment for their properties. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant Page 12 Banyan Bay Marina Criteria Statements If the literal interpretation of the code were applied to this property, it would create unnecessary and undue hardship on the applicant because it will be required to construct a sidewalk which would present a dangerous and hazardous condition to the public that may wish to traverse the area. e. That the variance granted is the minimum variance that will make possible the x- reasonable use of the land, building or structure The minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general intent and purpose of the chapter and will not be injurious to the area involved or otherwise detrimental to the public welfare. Not having a sidewalk along Ravenswood Road would be consistent with what is occurring throughout this primarily industrial area. It would be in harmony with the area and not injurious to the area.The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city.The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 7. VARIANCE WALL SIGN VARIANCE -a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Unique to the property is its location within the City as it relates to the area north of Griffin Road along Ravenswood Road and west of 1-95. The site is also within 1,000 feet of 1-95 which under the city's sign code section 28-140 permits certain elements. Being located on Ravenswood Road north of Griffin Road, the visibility of the site suffers and the need for expanded signage is important to the viability and success of the proposed use of the property. Along the east and southern faces of the dry stack marina, additional signage has been requested to help promote the viability of the use within the community. b. That the special conditions and circumstances do not result from the actions of the applicant; Page 13 Banyan Bay Marina Criteria Statements The special conditions and circumstances do not result from the actions of the applicant. As noted the site is located on Ravenswood Road north of Griffin Road. Ravenswood Road is a collector road serving the area.There is a need for enhanced signage to provide for the viability of the proposed use.The existing conditions and location of the site do not result from the actions 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 This variance will not confer on the applicant any special privilege that is denied by this chapter of the zoning code to other lands, buildings or structures in the same zoning district. Other facilities in the area could have the opportunity to request a similar treatment for their properties. d. The literal interpretation of the provisions of this chapter would deprive the in the same zoning db properties ro erties g applicant of rights commonly enjoyed y P district under the terms of this phapter and would work unnecessary and undue hardship on the applicant If the literal interpretation of the code were applied to this property, it would create unnecessary and undue hardship on the applicant because of low site visibility and the need to enhance the signage in the area In order to provide opportunity and success to the facility. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure The minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general intent and purpose of the chapter and will not be injurious to the area involved or otherwise detrimental to the public welfare. The creation of the additional signage will enhance the viability of the proposed use for the site and the attraction to the site for the neighboring community.The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city.The IROM Page 14 Banyan Bay Marina Criteria Statements and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. Refer to Drawings SP 3.2 and SP 3.3 for the Dry-Dock Storage building signage. C-1, C-3, and C-5 to comply with Dania Beach Slgnage code requirements. In addition, Sheet C-A2.Oa drawing 03 reflects that there is no proposed signage on the West side of the Tower at the SE corner of the Dry-Dock storage building. 8. VARIANCE REQUEST FOR 2 DIRECTORY SIGNS(INSTEAD OF 1)AT DOCK MASTER BUILDING I a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Unique to the property is its location within the City as it relates to the area north of Griffin Road along Ravenswood Road and west of 1-95.The site is also within 1,000 feet of 1-95 which under the City's Sign Code section 28-140 permits certain elements. Being located on Ravenswood Road north of Griffin Road, the visibility of the site suffers and the need for expanded signage Is important to the viability and success of the proposed use of the property. Along the east and southern faces of the dry stack marina, additional signage has been requested to help promote the viability of the use within the community. b. That 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 the applicant. As noted the site is located on Ravenswood Road north of Griffin Road. Ravenswood Road is a collector road serving the area.There is a need for enhanced signage to provide for the viability of the proposed use.The existing conditions and location of the site do not result from the actions 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 This variance will not confer on the applicant any special privilege that Is denied by this chapter of the zoning code to other lands, buildings or structures in the same zoning district. Other facilities in the area could have the opportunity to request a similar treatment for their properties. Page 15 I Banyan Bay Marina Criteria Statements d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant If the literal interpretation of the code were applied to this property, It would create unnecessary and undue hardship on the applicant because of low site visibility and the need to enhance the signage in the area In order to provide opportunity and success to the facility. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure The minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general intent and purpose of the chapter and will not be injurious to the area Involved or otherwise detrimental to the public welfare. The creation of the additional signage will enhance the viability of the proposed use for the site and the attraction to the site for the neighboring community.The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city.The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 9. VARIANCE REQUEST FOR INCREASE FROM 3 (PERMITTED) MONUMENT SIGNS TO 4 (PROPOSED). a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Unique to the property is its location within the City as it relates to the area north of Griffin Road along Ravenswood Road and west of 1-95. Being located on Ravenswood Road north of Griffin Road,the visibility of the site suffers and the need for expanded signage is important to the viability and success of the j proposed use of the property. Along the east and southern faces of the dry i Page 16 Banyan Bay Marina Criteria Statements stack marina, additional signage has been requested to help promote the viability of the use within the community. b. That 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 the applicant. As noted the site is located on Ravenswood Road north of Griffin i Road. Ravenswood Road is a collector road serving the area.There is a need for enhanced signage to provide for the viability of the proposed use.The existing conditions and location of the site do not result from the actions 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 This variance will not confer on the applicant any special privilege that is denied by this chapter of the zoning code to other lands, buildings or structures in the same zoning district. Other facilities in the area could have the opportunity to request a similar treatment for their properties. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant If the literal interpretation of the code were applied to this property, it would create unnecessary and undue hardship on the applicant because of low site visibility and the need to enhance the signage in the area in order to provide opportunity and success to the facility. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure The minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general intent and purpose of the chapter and will not be Injurious to the area involved or otherwise detrimental Page 17 Banyan Bay Marina Criteria Statements to the public welfare. The creation of the additional signage will enhance the viability of the proposed use for the site and the attraction to the site for the j neighboring community.The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city.The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 10.VARIANCE _ REQUEST FOR POLE SIGN AREA INCREASE FROM 48 SF(PERMITTED)TO 125.4 SF (PROPOSED)AND HEIGHT INCREASE TO 99 FEET. a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; As the site is located within 1,000 of 1-95, Section 28-140 permits the development of a pole sign to enhance visibility and marketability of the site for the neighboring community and the traveling public Due to the unique and peculiar orientation of the Interstate in the particular area with the elevated ramp for the Griffin Road exit, the applicant is requesting additional height of the sign and additional sign face to provide for adequate visibility for the property for the traveling public. b. That 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 the applicant.They result from the construction of 1-95 and the unique orientation of the Griffin Road exit ramp. 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 This variance will not confer on the applicant any special privilege that is denied to other lands, buildings or structures in the same zoning district. The condition of this property is unique to the area and the diminished visibility of the area to the traveling public. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant Page 18 i f I' Banyan Bay Marina Criteria Statements 4_ The literal interpretation of the chapter deprives the applicant of rights commonly enjoyed by properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The orientation of the site with 1-95 is unique. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure The minimum variance would grant the reasonable use and visibility of the site to the traveling public. In addition, a portion of the sign face expansion Is due to the fact that the applicant is providing space for the Citys name to be part of the sign to help promote the city and the location of the project within the City of Dania Beach. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. r The variance will be in harmony with the general intent and purpose of the chapter and will not be injurious to the area involved or otherwise detrimental to the public welfare. The property is situated in primarily an industrial zone within the citys comprehensive plan and the zoning code of the city.The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. It is important to permit reasonable visibility of the pole sign to support the project and identify the area as Dania Beach. 11.VARIANCE .REQUEST FOR DRY STACK CONDITIONS a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The application of the 100-foot residential setback; maximum SO boat slips within the building and maximum 30-foot height is being requested for relief by this variance. As previously noted, because of the unique layout of the property and existing wet marina, the availability of land for-the siting of the dry stack marina requires the buildings be located on the property within approximately 80 feet of the adjacent residential to the west. However, to mitigate that condition and as previously noted, a great number of existing trees are being relocated at a great cost by the applicant to the western perimeter of the site to enhance and expand the landscaping of the area far above the city code standards. The relationship of the building setback and Page 19 Banyan Bay Marina Criteria Statements landscape buffer will provide substantial buffers and mitigation to the neighboring community. The eWs code requirements of a maximum 50 boat slips is problematic In that the industry standard for development of dry stack marina facilities does not envision that type of marine facility. It Is impractical and created undue physical and financial hardship to the applicant to construct a dry stack marina facility In that fashion. The height limitation is being increased to provide for the efficient utilization of the site. The juxtaposition of the wet marina facility and the adjacent available land for expansion of the marina dry stack facility constrain the utilization of the site. The relocation of the existing mature trees to the western limits of the property will serve to mitigate any potential Impacts created by the increased height being requested. b. That the special conditions and circumstances do not result from the actions of the applicant; The existence of the existing wet marina facility and the siting of the planned expansion of the facility does not result from the actions of the applicant. The existing condition of the wet marina requires the siting of the building In the fashion that is proposed due to the unique site constraints. 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 This variance will not confer on the applicant any special privilege that is denied by this chapter of the zoning code to other lands, buildings or structures in the same zoning district. Other facilities In the area have the opportunity to request a similar treatment for their properties. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant The literal Interpretation of the chapter deprives the applicant of rights commonly enjoyed by properties in the same zoning district. The property is zoned IROM and C-4 Commercial. The application of the literal Interpretation of the code would work unnecessary and undue hardship on the applicant because of the juxtaposition of the wet marina facility and the adjacent available land for the expansion of the marina dry stack facility. Page 20 Banyan Bay Marina Criteria Statements e. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure This is the minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general intent and purpose of the chapter and will not be Injurious to the area Involved or otherwise detrimental to the public welfare. Substantial buffers have been planned for the facility. The applicant is relocating a substantial portion of mature trees on site to create a substantial buffer along the western limits of the property. Additional landscaping elements are provided throughout the property and along the perimeter of the property to provide substantial buffering and enhance the compatibility of the use with the surrounding area. The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city. The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 12.VARIANCE INTERIOR LANDSCAPE Chapter 26 Landscape Code .Sec.26-48. Interior landscaping for all vehicular use areas. 1. Each intermediate and terminal landscaped peninsula shall have a minimum of two (2) trees. There shall be no less than one (1) tree for each two hundred(200) square feet orfraction of the remainder interior vehicular landscape area. 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; 1. The placement of trees in the parking islands directly adjacent to the marina will be detrimental due to constant leaf drop that will increase the maintenance cost of boat storage. The proposed 6' clear trunk.coconut palm trees are esthetically compatible with marina developments and are consistent with the landscape scheme of this project. The code further requires I tree for each 200 square feet of interior vehicular use area, which Page 21 Banyan Bay Marina Criteria Statements totals 41.5 trees. The amount of new proposed trees falls short of the required quantity. However, the applicant proposes to retain as many large canopy trees as possible on the site. The Site Plan has been designed to take into account as many of the existing trees as possible. Large trees that cannot be retained in its current location will be relocated to other locations on site. The combined caliper total for existing trees to remain and trees to be relocated far exceed the code requirements. The applicant therefore requests a variance of the number of trees required by this code section. b. That the special conditions and circumstances do not result from the actions of the applicant. I It is the applicants opinion that the conditions and circumstances do not result from his actions, rather it results from the site limitations of an existing marina that prevent his right to make a reasonable use of his property as an outdoor storage facility. 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. The granting of this variance 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. d. That literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant. It is the applicants opinion that the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other marina properties on the Dania Cut-off Canal and/or the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Page 22 Banyan Bay Marina Criteria Statements f. That the grant of the variance will be in harmony with the general Intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. It is the applicant's opinion the requested variance will be in harmony with the general intent and purpose of this chapter, and that such variance will s not be injurious to the area involved or otherwise detrimental to the public welfare. 13.VARIANCE REQUEST FOR WEST SETBACK REDUCED FROM 50'TO 35'AT DRY STACK BOAT STORAGE BUILDING. a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The application of the 50-foot interior side setback is being requested for relief by this variance. As previously noted, because of the unique layout of the property and existing wet marina, the availability of land for the siting of the dry stack marina requires the buildings be located on the property within approximately 80 feet of the adjacent residential to the west except for one building corner at 35 feet. However,to mitigate that condition,a great number of existing trees are being relocated at a great cost by the applicant to the western perimeter of the site to enhance and expand the landscaping of the area far above the city code standards.The relationship of the building setback and landscape buffer will provide substantial buffers and mitigation to the neighboring community. The juxtaposition of the wet marina facility and the adjacent available land for expansion of the marina dry stack facility constrain the utilization of the site. The relocation of the existing mature trees to the western limits of the property will serve to mitigate any potential impacts created by the increased height being requested. b. That the special conditions and circumstances do not result from the actions of the applicant; The existence of the existing wet marina facility and the siting of the planned expansion of the facility does not result from the actions of the applicant. The existing condition of the wet marina requires the siting of the building in the fashion that is proposed due to the unique site constraints. Page 23 Banyan Bay Marina Criteria Statements 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 This variance will not confer on the applicant any special privilege that is dented by this chapter of the zoning code to other lands,buildings or structures In the same zoning district. Other facilities in the area have the opportunity to request a similar treatment for their properties. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant The literal interpretation of the chapter deprives the applicant of rights commonly enjoyed by properties in the same zoning district. The property is zoned MOM and C-4 Commercial. The application of the literal interpretation of the code would work unnecessary and undue hardship on the applicant because of the juxtaposition of the wet marina facility and the adjacent available land for the expansion of the marina for the dry stack facility. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure This is the minimum variance that would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be Injurious to the area or otherwise detrimental to public welfare. The variance will be In harmony with the general intent and purpose of the chapter and will not be injurious to the area involved or otherwise detrimental to the public welfare. Substantial buffers have been planned for the facility. The applicant is relocating a substantial portion of mature trees on site to create a substantial buffer along the western limits of the property. Additional landscaping elements are provided throughout the property and along the perimeter of the property to provide substantial buffering and enhance the compatibility of the use with the surrounding area. The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city. The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. Page 24 Banyan Bay Marina Criteria Statements 14.VARIANCE DIRECTORY SIGNAGE: REQUEST FOR LETTER HEIGHT INCREASE FROM 4"TO 5"-13". a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Unique to the property is its location within the City as it relates to the area north of Griffin Road along Ravenswood Road and west of 1-95. Being located on Ravenswood Road north of Griffin Road,the visibility of the site suffers and a the need for expanded signage is Important to the viability and success of the 71 proposed use of the property. Along the east and southern faces of the dry stack marina, additional signage has been requested to help promote the viability of the use within the community. b. That 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 the applicant. As noted the site is located on Ravenswood Road north of Griffin Road.Ravenswood Road is a collector road serving the area.There is a need for enhanced signage to provide for the viability of the proposed use.The existing conditions and location of the site do not result from the actions 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 This variance will not confer on the applicant any special privilege that is denied by this chapter of the zoning code to other lands, buildings or structures In the same zoning district. Other facilities In the area could have the opportunity to request a similar treatment for their properties. PP tY d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant If the literal interpretation of the code were applied to this property, it would create unnecessary and undue hardship on the applicant because of low site visibility and the need to enhance the signage in the area in order to provide opportunity and success to the facility. Page 25 e ' Banyan Bay Marina Criteria Statements i e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure The minimum variance would grant the reasonable use of the land, buildings and structures proposed for the facility. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general Intent and purpose of the chapter and will not be Injurious to the area involved or otherwise detrimental to the public welfare. The creation of the additional signage will enhance the viability of the proposed use for th e site and the attraction to the site for the neighboring community.The property is situated in primarily an industrial zone within the chys comprehensive plan and the zoning code of the city.The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 15.VARIANCE PARKING VARIANCE a. That special conditions and circumstances exist which are peculiar to the lands, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The application of the standard parking requirements of the city for a unique marina facility such as the above are not appropriate. The applicant has researched other zoning codes within the immediate area regarding marine facilities and found that the overwhelming majority of those jurisdictions provide for a much lower parking standard for dry stack marinas. The City standard for dry stack is per .5 spaces per storage slip,which is as much as five times greater than the municipal standard in the surrounding area. Also, unique with this property, is the mixed-use component of the property with the proposed restaurant facility on the northeastern portion of the site which is a compatible fit with the proposed dry stack marina. Several facilities within Broward County offer this unique interrelationship of uses. Also unique to this site are the hours of operation. The majority of the marina facilities will be closed after dusk and the restaurant facility will continue to operate at that time to provide an opportunity for a shared parking arrangement between the uses. Also unique to the site for parking is that the restaurant facility has parking located on the east side of the wet marina and the dry stack marina parking is located on the west side of the wet marina, as well as along the southern portion of the property fronting S.W.45"'Street. Page 26 Banyan Bay Marina Criteria Statements s b. That 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 the applicant. The existing wet marina facility was existing on the site when the site was acquired for the proposed use of the combined wet/dry marina. The expansion for additional dry stack marina facilities will support the growing demand for this type of facility. 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 This variance for parking will not confer on the applicant any special privilege that Is denied other lands, buildings or structures in the same zoning district. Other facilities In the area could have the opportunity to request a similar treatment for their properties. d. The literal interpretation of the provisions of this chapter would deprive the applicant 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 the applicant The literal interpretation of the zoning code as it relates to parking on the site would reduce the practicality for the commercial marina enterprise as to deprive the applicant of rights commonly enjoyed by other properties in the zoning district and present undue and unnecessary hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure The requested parking deviation,which is outlined In the site data table, is the minimum variance that makes possible the reasonable use of the land. It should be noted that the parking deviation is only related to the dry boat racks and the restaurant facility relief and most of that is primarily related to the dry stack marina. Below.is a marina parking comparison that was conducted for the surrounding communities. Page 27 Banyan Bay Marina Criteria Statements MARINA PARKING COMPARISON Revised July 2006 CITY REQUIREMENTS 5 spaces,plus 1 space for each 2 slips. i space for each 30 dry storage spaces, Aventura Plus 1 space for each 350 sq.ft.of indoor space of boats for Sale, plus 1 space for each 1500 sq.ft.of outdoor display of boats for sale, plus any retail or restaurant space. a. Yacht club, boat marina, charter boat, sightseeing boat,excursion boat,or gambling boat. • 0.7 spaces per each slip plus 1 space per Dania Beach each 2 persons allowed within maximum occupancy. b. Dry stack boat marina 0.5 spaces per boat storage space 1 space per 3 wet slips Deerfield Beach 1 space per 5 dry lips 1 space per 2 boat slips Fort Lauderdale 0.2 per dry storage space. 1 space per 3 wet slips Hollywood 1 space per 10 dry lips 1 space per 2 wet slips Miami Beach 1 space per 10 slips in dry storage 1 space for every boat slip, except for dry marinas where the requirements shall be one space for every Port Everglades one thousand (1,000) sq.ft. of gross floor area storage structure. For shipyard, in addition to spaces required for buildings within the yard, 30 spaces for each ship berth in excess of 300 ft in length or for each dry dock. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area or otherwise detrimental to public welfare. The variance will be in harmony with the general intent and purpose of the chapter and will not be Injurious to the area involved or otherwise detrimental to the public welfare. Substantial buffers have been planned for the facility. The applicant is relocating a substantial portion of mature trees on site to Page 28 Banyan Bay Marina Criteria Statements create a substantial buffer along the western limits of the property.Additional s. landscaping elements are provided throughout the property and along the perimeter of the property to provide substantial buffering and enhance the compatibility of the use with the surrounding area.The property is situated in primarily an industrial zone within the city's comprehensive plan and the zoning code of the city. The IROM and C-4 zoning district enhances and supports the creation of marine related facilities to support the economy and future development of the city. 16.WAIVER—RESTAURANT AND MARINA STORE SETBACK ALONG DANIA CUT-OFF CANAL A. REQUEST FOR NORTH SETBACK REDUCED FROM 21W TO 10'AT DOCK MASTER BUILDING. B. REQUEST FOR NORTH SETBACK REDUCED FROM 20'TO 30'AT RESTAURANT. Per Article 18-IROM Section 18.60 (c)(3), the applicant is requesting the City Commission to permit the reduction. Due to the unique configuration and planned uses of the site, only relief for the Dock Master and Restaurant buildings along the waterfront is requested. Page 29