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HomeMy WebLinkAboutR-2011-041 - Approving variance request submitted by Wilson Hollywood Showroom, LLC for property located at 1901 Tigertail Boulevard RESOLUTION NO. 2011-041 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VARIANCE REQUEST SUBMITTED BY WILSON HOLLYWOOD SHOWROOM, LLC FROM SECTION 505-140, UNIFIED LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1901 TIGERTAIL BOULEVARD IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Unified Land Development Code,Part 5,Article 510, Section 505-140, outlines special signage regulations by location or type of use; and WHEREAS,the applicant,Wilson Hollywood Showroom,LLC,has applied for a variance (VA-09-11) as follows: 1. to allow for a sign area of 171.75 square feet (ULDC Section 505-140 allows a maximum area of 48 square feet); and 2. to allow for identification of nine(9)tenants per sign face (ULDC 505-140 restricts copy to permit name and nature of the complex only), for property located at 1901 Tigertail Boulevard in the City Dania Beach; and WHEREAS,the Community Development staff reviewed this request and recommend that the City Commission grant it; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-09-11 for the variances described above from requirements in the Dania Beach Unified Land Development Code,Part 5,Article 510, Section 505- 140, a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 10, 2011. �%lam PATRICIA A. FLURY o�PR°Is Fi YOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK AMD APPROVED AS TO FO AND CORRECTNESS: 3 THOMAS . A S RO CITY ATTORNEY 2 RESOLUTION 42011-041 _ City of Dania Beach, Florida Department of Community Development Plannin wing-Daricic►ra..r General Development ApprGcati®n a ❑ Administrative Variance iEi� ❑ Assignment of Flex/Reserve UnitsLJ Land # O Plat Use Amendment 01E,M, ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan LJ Special Exception Petition No.:' ❑ Trafficway Waiver r" Variance Sigrnage ❑ Roadway Vacation ❑ Other THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. For more information please reference the Dania Beach Land Development Code Part 6,Development Review Procedures and Requirements. Location Address: 1901 Tigertail Boulevard Lot(s): Block: Subdivision: Recorded Plat Name: Designer's Place at Dania(Plat Book 129,Page 33) Folio Number(s): 5042-3342-0010 Legal Description: (E>nsultantll-egal Representative(circle one) Applicant is Property Owner,see below Address of Applicant: Business Telephone: Home: Fax: Name of Property Owner: Wilson Hollywood Showroom LLC Address of Property Owner: 5555 Anglers Avenue, Suite 8,Dania Beach,FL 33312 Business Telephone: 954-894-5501 _ Home: Fax: 954-894-5017 Explanation of Request: Sign variance request for pylon sign.Please see attached Justification Statement for more details. For PAihc plam pmY1&-prnpoged Plat Nmw for VaryWxwsr ph3m attach 0YAw ar ant as per Sec abn 625.40 o!'b'Ve Land Dev+ kplirwent Code Prop. Net Acreage: Gross Acreage: +1-4.58 Existing Building Square Footage: +/-93,446 Existing Use: 2 industrial warehouse buildings Proposed Use: same Is property owned Individually, by a mi-poration, or a,joint venture? Limited Liability Company(LLC) � underst.�ind that all approval,, automatically expire within 12 months of City Cnmxmnission approval, or pursuant to the expiration tivnefranne listed in Part 6 of the Land 0eve>oprnmntCode. � _----______ Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE � �wmn �oao`| subscnhmi before [lie App||cao|/Co� su|ta VVs / L/ Uoyof /0\ ( Dahsl �_-- Name of Nodi'ry 1,661i( (Print Name) of ' !j,'55 Town Cemer Rd, Ste 801 Boca Raton, F1_35486___ 'nn&ameo[ Nutary \ Street Address, Oty, State and Zip[ode C onimi� oonmm`"""~`~� so��zr �5z�uoc�/uo� 237 �525|onu |an o /5�� 5448aSB�x Seal: Telephone No. & Fax No, LLC NOTARIZED SIGNATURE This is to certify that the below referenced corporation is the owner of subject lands described above and have authorized aforsidapplication. (Applicant/Consultant/Representative) that I, as a duly authorized officer, 12 make and file the aforesaid application, Sworn to and subscribed before me Corporation Name: n � t "� l - This .1 day of Jr LfU 20 0 - i � �...._„� Signature: a ,�✓ (_ � ' f jt Date: f , NABILA BOODOO -- �•- My COMMISSION#EE064159 Air EXPIRES February 14,2015 (print Na ) (407)30"153 M Sign Name of Notary Public (Print Tide) State of(j 1{X" d a ) Print Name of Notary Street Addre!,—sCff,State Ad Zip Code f 1_j3, j Commission Expires: 0 141 L� (j, V,���. 5� Lw Seal: Telephone No.&Fax No. NT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to rtify that the below referenced that the duly authorized persons are the owners of subject lands described to and that all partners have authorized (ApptkantJConsuttant/Representative) to make and file the aforesaid application. Sworn to and subscribed re me This day of 20 Signature: (Print Name Sign Name of Notary Public State of( ) Print Name of Notary Street Address,City,State and Zip Co Commission Expires: Seal: Telephone No.&Fax No. **Each partner must sign. Attach duplicate sheets as required. RREEF Statement of interest in Propqqy AnO Authorization to File Petitions Wilson Hollywood Showrooms. L.L.C. certifies that it is the Owner of the subject property and authorizes SIEGLI- LIPMAN, DUNAY, SHEPARD, &MISKEL, LLP,as agent, to submit and process any and all development applications, including but not limited to variances,text amendments, site plans,etc.to the City of Dania Beach and represent Owner at any public hearings necessary for the approval and development of the proposed development. 6(rc-a --50-roU )�fQ(.A— Print T, Signature — 3VIV Address M 160� �A City/State/Zip ' ( wly) 9 Phone State of-GC-0-EJ- LCt County of.ale'Loj&e- 'rhe foregoing instrument was acknowledged before me this 34 day or 201XJ by an individual, who is personally known to me or who has produced as identification and who did take an oath. NOTARY PUBLIC: Sign: My Commission Expires; B. CAROL KNAGGS A Member of Deutsche Bank Group Notary Pubk,CtWdW8 Cw*,Georgia My Commission Expires January 26,2013 � T F\ � � J `]��(�[[. L,�P��/\��' �� []��/�Y' .����P�R`[j �� |wlISKE[' [[P s^n, s uuw�, T�cP�xz� ^ Suns �o/ � '56/, 368'7700 xcwwsr* W. u=wAw o3557ovvwCENTER RcAo FAX. '5o/, aoe-92rw auww/s MIsucL E3ocA Rxnnw. FuOmc* 334e6 Jow^To^w L. o*Ep^no vmwv,sLosmL^vxCo~ oARL E. s/caEL aCorr BxoxM^N uwo^ B c~w^w Designer's Place Pole Sign Variance 19U1TigartaNBoulevard Sign Variance Justification Statement Wilson Hollywood Showroom, LLC ("Petitioner") owns the +/- 4.68 acre property located at 1901 Ti8ertai| Boulevard ("Property"), as shown on the attached location map. The Property is currently developed with two (2) industrial warehouse buildings totaling +/- 93,446 square feet and is known as the Designer's Place. As indicated by the name of this industrial complex, it is comprised of several interior design showroom retail/wholesale tenants.The very nature of this type of commercial industrial use both requires and attracts a larger customer base than typical industrial uses. The Property is isolated, as it is located on a dead end road with a +/' 1,2OO foot setback from the nearest intersection and abuts Interstate 95 (+/- 65 feet from right-of-way). This isolation and compromised visibility diminishes retail activity from general passersby and prevents customers from easily identifying the location of the industrial complex. Proper siQnage will improve both the complex's visibility and customer identification to ensure the continued economic viability ofthe complex and its tenants. As such, Petitioner is requesting relief from Section 505'240(8) and its subsections (1)(a) and (b) of the City's Land Development Regulations ("Code") to permit double-faced pole sign that: 1\ )s4Ufeet in height measured from grade;2)has 171.75 total square feet of sign area per side(overall sign area total mf343 square feet); and 3) identifies both the name of the industrial complex and up to 9 tenants per side. A survey and sign package identifying the specific location of the proposed pole sign and the sign specifications are included with this sign variance request. As discussed in greater detail below,the sign variance request is consistent with Code Section 505-190. Specifically,the sign variance request demonstrates that the: 1)basic intent and aesthetic improvement purposes of the sign regulations will be maintained, particularly as it affects the appearance and compatibility with properties in the surrounding areas; 2) signs permitted under this Code cannot be adequately viewed due to physical site distinctions; 3) Petitioner's hardship is not self-created urbased solely on the inability to comply with the Code; 4) architectural design of the existing structures or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of this article; and 5\ existing structures and site configuration are unique, which cause the dgnaQe permitted by this article to be ineffective in identifying e use or structure that would otherwise be entitled toasign. Pole Sign Variance Justification:cesignm's Place(/mvngenuxBoulevard) 1. The sign, after the granting of a variance, will still maintain the basic intent and aesthetic improvement purposes of the sign regulations, particularly as it affects the appearance and compatibility with properties in the surrounding areas. The proposed pole sign maintains the basic intent and aesthetic improvement purposes of the sign regulations and is compatible with surrounding development. The proposed pole sign has a warm neutral color scheme that is consistent with the industrial complex as well as surrounding development. In addition, the slanted architectural feature on the building fa4ades is mimicked on the requested pole sign. Adjacent development generally consists of industrial and warehouse type development ranging in height from one to two stories. The proposed pole sign height is 40 feet measured from grade with an 84 inch concrete base and will be located along the portion of the Property abutting Interstate 95.The proposed sign is double-faced with signage facing Interstate 95 and Tigertail Boulevard.The location, height and double-face of the proposed sign are needed to ensure visibility and assist in identifying the physical location of the industrial complex from both the highway and Tigertail Boulevard, especially considering the compromised visibility and isolation of the Property, which is about 1,200 feet from the nearest intersection and located at the end of a dead end road abutting Interstate 95.Additionally,locating the proposed sign adjacent to the highway mitigates any impacts associated with the sign height that may otherwise affect adjacent development. 2. The signs permitted under this Code cannot be adequately viewed due to physical site distinctions. The signs permitted under this Code do not provide adequate visibility to the Property, as the Property is uniquely situated at the terminal end of a dead end road (Tigertail Boulevard) and abuts Interstate 95 (+/- 55 feet from right-of-way). In addition,the Property is more than 1,200 feet from the nearest main intersection of Tigertail Boulevard and Anglers Avenue, the street signage of which is in need of repair/replacement, thereby imparting another obstacle to locating the complex. Further to this,the eastward vista from this intersection is skewed by the peak of the railroad tracks intersecting Tigertail Boulevard. The presence of the railroad tracks combined with the hill-like peak of said tracks proffers the feeling of heavy industrial and freight type uses. In fact the foregoing comprises the majority of uses in the vicinity, as the commercial industrial use of the Property along with the property to the immediate south is an anomaly within this industrial area. Considering the foregoing physical site constraints that effectively eliminate the visibility of the Property, the Code permitted pole sign height and maximum sign area does not provide adequate visibility or identification of the Property and its use for vehicles traveling at highway speeds or average roadway speeds,especially from a distance of 1,200 feet with poor street signage and obstructions. As such, Petitioner is proposing a double-faced pole sign that will be above the elevation of the abutting Interstate 95,for a total height of 47 feet, including the 7 foot base height of the sign, and a sign area of 171.75 square feet per side that includes the name of the complex,Designer's Place, and 9 tenant panels on each side.The maximum sign area and letter size height for "Designer's Place" is 17.25 square feet and 15.5°, Pole Sign Variance Justification:Designer's Place(1901 Tigertail Boulevard) 2 respectively. The total tenant sign area is 154.5 square feet, with 8 tenant panels at approximately 15.45 square feet and 1 tenant panel at approximately 30.9 square feet. Maximum letter height for the tenant panels will be prescribed by the foregoing panel sizes. The proposed pole sign will allow vehicles traveling along the highway and Tigertail Boulevard to safely navigate and easily identify the location of the industrial complex. Visibility and identification of the industrial complex is essential for the economic viability of the complex and its tenants, as well as for the convenience of the customers, especially considering the commercial industrial type use of interior design showrooms,the nature of which requires a substantial customer base to sustain itself in comparison to typical industrial uses. The isolated location of the complex presents challenges for both tenants and would-be customers as it is effectivelyhidden from view. However, the proposed pole p P sign will not only provide adequate visibility and identification of the Property for vehicles thereby ensuring safe traffic movement but also for customers, deliveries and other typical business activities. 3. The applicant's hardship shall not be self-created or based solely on inability to comply with the Code. Petitioner's hardship is not self created, as the Property's isolated location at the end of a dead end road combined with its distance from a cross road and adjacency to Interstate 95, approximately 1,200 feet and 55 feet, respectively, present genuine visibility challenges. Additionally, the poor quality street signage identifying the intersection (of Tigertail Boulevard/Anglers Avenue) along with the railroad tracks obstructing the view from the intersection to the Property and the general character of adjacent uses as heavy freight/industrial type uses combine to create significant identification obstacles that are well out of the Petitioner's control. That being said, the economic health of the industrial complex is inextricably connected to its visibility and ease of identification by customers, especially considering that the complex's commercial industrial use is an anomaly within this area. Although the proposed pole sign exceeds that permitted by Code, it is the minimum height and sign area that will effectively mitigate the physical site constraints that have compromised the Property's visibility. 4. The architectural design of a structure or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of this article. Although the Property's uniquely isolated location requires exception to the pole signage allowed by the Code, the building height of the two existing warehouse structures and the site plan layout are both conducive to accommodate the requested pole sign, as it is proposed to be located in the southern most landscaped parking island along the east property line.This sign location optimizes visibility from the adjacent highway(interstate 95) and the building height provides visibility from Tigertail Boulevard. The proposed sign location also ensures that the requested pole sign will not impact surrounding development. Considering the isolated location of the Property,the requested pole sign is the only signage Pole Sign Variance Justification:Designer's Place(1901 Tigertatl Boulevard) 3 that will provide adequate visibility and identification, as wall signs and monument signs alone cannot adequately identify a commercially based industrial property boxed-in by a highway and a dead end road that is further compromised by its distance from the nearest intersection and other visual obstructions including poor street signage and railroad tracks. 5. The structure or site configuration are unique, which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. The uniquely isolated location of the Property causes the pole signage permitted by the Code to be ineffective, whereas the site configuration and structure accommodate the requested pole sign. The Property is situated at the terminal end of a dead end road (Tigertail Boulevard), is located more than 1,200 feet from the main intersection of Tigertail Boulevard and Anglers Avenue and abuts Interstate 95(+/-55 feet from right-of-way).These constraints are exacerbated by the inadequate street signs of the intersection and the hill- like peak of the railroad tracks that interrupts the vista and intensifies the heavy freight/industrial character of the area. These combined physical site constraints not only effectively eliminate the visibility of the Property but also render the pole signage permitted under this Code ineffective. Petitioner is requesting a pole sign that will adequately identify the use and location of the industrial complex,as the increased sign height and sign area will allow vehicles to identify the Property from both the highway and Tigertail Boulevard. Adequate identification and visibility are crucial to the economic viability of the industrial complex, especially considering the current depressed market conditions and the commercial nature of the industrial complex. Pole Sign Variance Justification:Designer's place e1901 Tigertail Boulevard) 4 �:. 7 E � s�Y �1 r w d ai Z"o E x 0 n a �o r 12 m CL z< rL 2(1lI�A�/S.FO� m a -� z° i 41 gat- aria-2� -fru - atn van w t �� ^. 6W -10 ��.T, SAWPOT 4 � I I LRM I i t a E r :�D i i ry k ter, �^' ( - UaELT I1tFiY.;OR $tft:SO � � 12'6SEE1`N6F IN?e 7y�g. LANCNE7f tMINIEc riAB£ vRAD_t.1N£ T, Y#Rlh-y",s, r # 3 ew eese F' "uw.,F TOTAL SiCF Q -171,75 Sq Ft, Ra- �Soc Pr f uoq=F REH+'°i�k(FF..kris' Dolvaes Pipe Letters a 17.2$$4,Ft Toot Panel Sign*IISU Sq.ft "L wpO"�' N`�:M�VIFLEtYMi.. «.. ` 1?Pw V m; ®®��,,.��. -..kk RRnn µµb�yy pnr•n.�t,"o 'tFlF0�ltii r*rviam Ystdavr t2�sorr&onset 5e�rofina ' (J �UF Y�4�wcir r .p3AWl�L SO{*. 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