HomeMy WebLinkAboutR-2009-093 Banyan Bay Marina Special Exception-REVISED REVISED
RESOLUTION NO. 2009-093
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING
THE REQUEST SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE,
REPRESENTING JOHN T. LOOS,MANAGING MEMBER OF BANYAN BAY
MARINE CENTER,LLC,FOR SPECIAL EXCEPTION REQUESTS TO ALLOW
THE CONSTRUCTION OF WET AND DRY STACK MARINAS IN A C-4
(COMMERCIAL)ZONING DISTRICT WITH VARIANCES FROM REQUIRED
HEIGHT AND NUMBER OF BOAT SLIPS ALLOWED, AND TO ALLOW
CONSTRUCTION OF BOAT REPAIR SERVICE AND STORAGE IN AN IROM
(INDUSTRIAL RESEARCH OFFICE MARINE) ZONING DISTRICT, FOR
PROPERTY GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD,IN THE
CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Zoning Code Chapter 28, Zoning, Article 4. District
Regulations, provides that"Wet and Dry Stack Marinas"are allowed as a special exception use in
the C-3 and C-4 (Commercial)zoning districts with the following conditions:
Chapter 28, Zoning, Article 4. District Regulations, as a condition to the special exception
uses in the C-3 and C-4 zoning districts, allows a maximum thirty(30) feet in height.
Chapter 28, Zoning, Article 4. District Regulations, as a condition to the special exception
uses in the C-3 and C-4 zoning districts, allows a maximum of fifty(50)boat slips;and
WHEREAS, the Dania Beach Zoning Code, Chapter 28, Zoning, Article 4. District
Regulations,provides that"Boat Repair Service and Storage"are allowed as a special exception use
in the C-3 and C-4 (Commercial) zoning districts; and
WHEREAS, the Dania Beach Zoning Code Chapter 28, Zoning, Article 18.40 Industrial
Research Office Marine(IROM).District,provides that"Entertainment Use"is allowed as a special
exception in the IROM (Industrial Research Office Marine) zoning district; and
WHEREAS,John M.Milledge,Esquire,representing John T.Loos,Managing Member of
Banyan Bay Marine Center, LLC, has applied for three(3) special exception requests to allow the
following:
SE-59-07-To allow wet and dry stack marina on property zoned C-4,with the following variance
requests:
1. To allow the dry stack boat storage building to be 50' tall;(Chapter 28,Zoning,Article 4.
District Regulations, as a condition to the special exception uses in the C-3 and C-4
zoning districts, allows a maximum 30 feet in height.) - VA-92-08
2. To allow a dry stack boat storage building to provide 360 boat slips;(Chapter 28,Zoning,
Article 4.District Regulations,as a condition to the special exception uses in the C-3 and
C-4 zoning districts, allows a maximum of fifty(50)boat slips.)—VA-93-08
SE-83-08 - To allow boat repair service and storage on property zoned C-4.
SE-84-08 - To allow entertainment use on property zoned IROM,
for property generally located at 4491 Ravenswood Road, City of Dania Beach; and
WHEREAS,the Planning&Zoning Board on January 21,2009,recommended that the City
Commission deny the special exception requests, based upon the criteria set forth in Chapter 28,
"Zoning",Article 6,"Supplementary Use Regulations",Section 6.40,"Special Exception Uses",of
the Code of Ordinances of the City of Dania Beach;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application SE-59-07,for a special exception to allow a wet
and dry stack marina use in a C-4 (Commercial) zoning district, for property generally located at
4491 Ravenswood Road, in the City of Dania Beach, (a copy of which application is attached and
made apart of this Resolution as Exhibit"A"), is approved with the following variances:
1. To allow the dry stack boat storage building to be 50'tall;(Chapter 28,Zoning,Article 4.
District Regulations, as a condition to the special exception uses in the C-3 and C-4
zoning districts, allows a maximum 30 feet in height.) -VA-92-08
2. To allow a dry stack boat storage building to provide 360 boat slips;(Chapter 28,Zoning,
Article 4.District Regulations,as a condition to the special exception uses in the C-3 and
C-4 zoning districts, allows a maximum of fifty(50)boat slips.)—VA-93-08
2 RESOLUTION#2009-093
REVISED
Section 2. That that certain application SE-83-08, for a special exception to allow boat
repair service and storage in a C-4 (Commercial) zoning district, for property generally located at
4491 Ravenswood Road, in the City of Dania Beach, (a copy of which application is attached and
made a part of this Resolution as Exhibit"A"), is approved.
Section 3. That that certain application SE-84-08, for a special exception to allow
entertainment use in an IROM (Industrial Research Office Marine) zoning district, for property
generally located at 4491 Ravenswood Road, in the City of Dania Beach, (a copy of which
application is attached and made a part of this Resolution as Exhibit"A"), is approved.
Section 4. That this approval shall automatically expire and become null and void unless
a building permit is obtained for a principal building on or before eighteen (18) months from the
effective date of this Resolution.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on May 26, 2009.
.S FIRST C/TY
ATTEST: me°
�0-0 0" cA.
LOUISE STILSON, CMC ANNE CASTRO
CITY CLERK MAYOR-COMMISSIONER
/'�RaoRP'�o
APPROVED AS, ORM AND CORRECTNESS
\ ff
THOM,kSJ. BRO
CITY ATTORNEY
3 RESOLUTION#2009-093
REVISED
City of Dania Beach, Florida
Department of Community Development
.Planning and Zoning Division
(954) 924-3645
General Development Application
01 Assignment of Flex/Reserve U n
❑ Land Use Amendment
O Plat Ir li
0 Plat Delegation Request y I 7
0 Rezoning g HP p 0100i Date Reed: qJ���_!
al Site Plan rw„* :r., h
13 Special Exception ` °i` '=:iet� Petition No.: SP Sri-07
O Special Request /yr_5$ 7-7
O Traffleway Waiver VA 18 08 5�-43-C,4 vP-IN-og 11�`LL
m Variance up--grog
❑ Vacation Request vA_86-eVs
VA' �00 '0
O Othcr. ----------yA 81-08 w F-rdS-t�i
JA-01a..o%
WA-2Q1-0fi vA-R1-os 4FZ-leZ -077
THIS APPLICATION WELL NOT BE ACCt1 P7ED UN71L IT IS COMPISIE AND SUBAUTIED WITH
AIL NECRSARAY DOQJbffiV7S. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
'Moir 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.
Ali projects must also obtain a budding permit from the(sty s Building Department.
Location Address: 4491 Ravenswood Road, Dania Beach
Lot(s): B)Dck: Subdivision: See below and attached.
Recorded Plat Name: MVL Plat
Folio Number(s): 504229410010 DEgal Description: See attached
504229011390
504799011380
Applicant/Ctinsukan 1 Representat' circle of e) John M. Milledge, Esq.
Address of Applicant: 11 G S F Rth Stre -t 1 Fth flnnr Fort I audPrdalf, FI 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
Enplanatlun of Request: Marina facility with restaurant
Prop.Net Acreage: 12.9 Gross Acreage: 12.9 Prop, Square Footage: 561.924
bclstng ae: Marina Proposed Use: Marina
Is property owned individually, by a corporation, or a joint venture? Corporation
2550—Crc eral Application
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I w a duly authorized officer, have authorized (Applicant/Consukant/Representative)
5 �"1 4c+c>5 to make and fib the aforesaid application.
Sworn to and subscribed before me Corporation Name:
This day of 200l{ Banva 'j
Signature:
Date:
John T. Loos
(Print Name)
Si a fNota blic (Print Title)
State of Q%0A )
VN&k-\ S4 ��,- 1815 Cordova Road, 0210,Ft. Lauderdale, FL 33316
Print Name o Notary Street Address, City, State and Zip Code
Comm_i_s io> s:_KARLY E SNYDER Ph- 954_522-4500 Fax: 954-525-5244
Seal e p Mv � Telephone No. &Fax M.
'�it���c I:XPI NIS:fkv 3•=UIU
Ip,)�iaOSJ FlaiG NolYy S�vie�coin
I,
JOINT VENTUREI PARTNERSHIP NOTARIZED SIGNATURE:
i
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/Consukant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This day of 20_
Signature:
Date:
I
(Print Name)*
Sign Name of Notary Pubic
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires!
Seat Telephone No. &Fax No.
+*Fach partner must sign. Attach duplicate sheets as required.
2550-GcwrM Application
I understand that site plan approval automatically expires within 12 months of City
Commission approval, pursuant to Ordinance No. 2005-040.
-------------------- ---------------------- ---------------
Applicant/Owner signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Apphaant/Consuhant/Representative:
Ibis C day of`I L--Q" _200 7
Signature: AAA
Date: �O"7
John M. Milledge, Esquire
Sign Name of No Public (Print Name)
State of( )
s^ CFiltISTiN KNlOHT
W "n'�s"Nnnswu 1)0 SE 6' Street, 15`h Floor, Fort Lauderdale,FL 33301
Print fte 04 aaA,lmC. Street Address, (Sty, State and tip Code
CommissionExp¢es. . -- . . . _ - ---Ph:-9-54-76-1-8640--- Fax,•9547-761-997
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
authorized (Applicant/Omsuhant/Representative) to
make and file the aforesaid application.
I
Sworn to and subscribed before me Owner.
This day of 20
i —
Signature:
Date:
i
Sign Name of Notary Public (Print Name)
State of( )
Pant Name of Notary Street Address, City, State and Tip Code
Commission Expires:
Seal Telephone No. &Fax No.
2550—General Application
i
i II
BANYAN BAY MARINA
Dania Beach, FL
CRITERIA STATEMENTS
HOME
JAN 1 4 2009
Planning
Department
January2OO9 3
S Fri
TABLE OF CONTENTS
I
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
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
7. 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
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Banyan Bay Marina Criteria Statements Y,
1. REZONING/SPECIAL EXCEPTION '
REQUEST TO REZONE A PORTION OF THE SITE TO C-4/(A)SPECIAL EXCEPTION USE
FOR BOAT REPAIR, SERVICE AND STORAGE. 3
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
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.
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 r
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. 450' 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 45ti' 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
i
nuisance.
The site will not utilize turning movements that would cause a nuisance
situation. The access to the site will be from SW 45"' Street, which
intersects with Ravenswood Road which is a primary roadway within the
area.
I
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 photometric 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.
i
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
i Lain those
species. The will also be utilized in the
an Y
protect and m p
Page 4
i
Banyan Bay Marina Criteria Statements
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 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. 45v' 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&' 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 4e 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
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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 comer 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.
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. 45U'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.
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.
I
The site will not utilize turning movements that would cause a nuisance
situation. The access to the site will be from SW 450' 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, fumes, 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 A,
' r
g. 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 4
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.
5. 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
j 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
juxtaposition of the wet marina facility and the adjacent available land for the
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-toot wall 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. Rather, the applicant is
willing to spend the additional money to construct the 10-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.
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
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
applicant of rights commonly enjoyed by other properties in the same zoning
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 Signage 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
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
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
Q
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
proposed use of the property. Along the east and southern faces of the dry
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 GriffinY
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
I
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
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
w
Banyan Bay Marina Criteria Statements f
;.w
I
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.
variance that will make possible the
e. That the variance granted is the minimum p
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 City's 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.
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 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. 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 50 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 city's 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 :y
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
II
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,
j buildings and structures proposed for the facility. a
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.
j
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;
I. 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
canopytrees as possible n the site. The Site Plan has been designed to take
o es
P g
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 h
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
not be injurious to the area involved or otherwise detrimental to the public -A
welfare.
i
13.VARIANCE
REQUEST FOR WEST SETBACK REDUCED FROM SO'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 SO-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
i
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
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 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.
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Banyan Bay Marina Criteria Statements
14.VARIANCE
DIRECTORY SIGNAGE: REQUEST FOR LETTER HEIGHT INCREASE FROM 4"TO 5"-80.
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
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;
i
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
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.
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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
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.
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.Wh Street.
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Banyan Bay Marina criteria Statements
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 x,
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.
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Banyan Bay Marina Criteria Statements
MARINA PARKING COMPARISON
Revised July 2006
CITY REQUIREMENTS
5 spaces,plus 1 space for each 2 slips.
1 space for each 10 dry storage spaces,
Aventura Plus 1 space for each 350 sq.ft.of indoor space of
boats for Sale, plus 1 space for each 2500 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 (1,00(3) sq. ft. of gross floor area storage
structure.
For shipyard, in addition to spaces required for
buildings within the yard, 10 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
I
Banyan Bay Marina Criteria Statements
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 x
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 21'4"TO 10'AT DOCK MASTER
BUILDING.
B. REQUEST FOR NORTH SETBACK REDUCED FROM 20'TO 10' AT RESTAURANT.
Per Article 18-IROM Section 18.60 (c)(3), the applicant is requesting the City
Commission i ion 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