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HomeMy WebLinkAboutR-2011-119 - Approved Variance Request by Dawn McDonald representing McDonalds Corp located at 1310 S Federal Highway RESOLUTION NO. 2011-119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VARIANCE REQUEST SUBMITTED BY DAWN MCDONALD WITH CORPORATE PROPERTY SERVICES, INC. REPRESENTING MCDONALDS CORPORATION FOR VARIANCES FROM THE UNIFIED LAND DEVELOPMENT CODE,PART 2, SECTION 505-140(C), SIGN REGULATIONS, FOR PROPERTY LOCATED AT 1310 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Part 2, Section 505-140 of the Unified Land Development Code sets the sign regulations for properties fronting on Federal Highway(U.S. #1) in the City of Dania Beach; and WHEREAS,Dawn McDonald of Corporate Property Services Inc.,representing McDonalds Corporation, is requesting a variance to allow: 1. 53.6 square foot total sign area on the east building elevation; the Dania Beach Land Development Code permits a maximum of 18.5 square feet, per Section 505- 140(C)(6)(b); 2. 39.6 square foot sign on the south building elevation; the Dania Beach Land Development Code permits a maximum 9.25 square feet,per Section 505-140(C)(6)(e); and 3. a 14 square foot sign on the north building elevation; the Dania Beach Land Development Code permits no sign, per Section 505-140(C)(6)(e), for property located at 1310 South Federal Highway, in the City of Dania Beach; and WHEREAS, this request has been reviewed by the Community Development staff and it recommends that the City Commission grant the variances as submitted; and WHEREAS, this request has been reviewed by the Community Redevelopment Area Director and he recommends that the City Commission grant the variances as submitted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-32-11 for the variances described above from requirements in the Dania Beach Unified Land Development Code, Part 2, Section 505-140(C), a copy of which application is attached and made a part of this Resolution as Exhibit"A",is approved with the condition that the applicant place at least two trash receptacles on the rear of the property, properly marked so that customers can readily identify them,and ensure that they are emptied daily. 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 November 8, 2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APR)IS FIRS]CST APPROVED AS TO FORM AND CORRECTNESS: c up —1 TI-I AS . AI S O CITY ATTORNEY �� Ao 2 RESOLUTION#2011-119 City of Dania Beach,Florida Department of Community Development - Planning and Zoning Division " (954)924-6805 X3643 General Development Appikation U Administrative Variance Ll Assignment of Flex/Reserve Units O Land Use Amendment Cj Plat LJ Plat Delegation`Request L! Rezoning Date Reed. 9 l U Site Plan J Special Exception Petition No.: 0 Trafficway Waiver XJ Variance U Roadway Vacation Ll Other: THIS APPLICA71ON 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 pro"must also obtain a gilding permit from the City's Building Department. For more information please reference the Dania Beach Lend Development Code Part 6,Development Review Procedures and Requirements. Location Address: 1310 South Federal Highway Lot(s)': 6-10 Block: 45 Subdivision: NORTH-HOLLYWOOD Recorded Plat Name: NORTH HOLLYWOOD (flat Book 4, Page 1) Folio Number(s): 514203106000, 6010 Legal Description: Please see attached survey Applicant/Consultant/Legal Representative(circle one) Corporate Property Services Inc. Address of Applicant: 1239 E. Newport Center Dr #113 Deerfield Beach FL 33442 Business Telephone: (954) 426-5144HOme: Fax: (954) 5 0-•3/ 391 Name of Property Owner: McDonald s Corporation Address of Property Owner: 10150 Highland Manor Dr., #470, Tampa FL 33610 Business Telephone: (954) 224-1174iome Fax: i? Explanation of Request: I,nste��-,'Mrs..,-r�r.,. ra� Lue-thy e�u�t n €ae�ng alle c,13t�e. � I-or Plater pieas'e provide pnWcsed Plat Name for Variances please attach C,bvb Statement as per`'7�i7 Section 625..40 of the Land 0evefopKnent Cade. Prop. Net Acreage: 0=92 Gross Acreage: 0.92 Prop. Square Footage: 4,815 -- Existing Use: Fast food restaurant Proposed Use: Fast fond restaurant w/drive-thru w/side-by-side drive-thru Is propertyowned individually,by a corporation,or a joint venture? Corporation I understand that all approvals automatically expire within 12 months of City Co missionMrovl, rsuant to the expiration timeframe listed in Part 6 of the LaolDevel3Rosangela DeMelloA icant/O Print Name Date APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: his day c {� t t jj L Signature: t Hate: t n Name of Notary Nblic (Print ame) �1 1239 E Newport Center Dr., #113 Kristen Ferretti Deerfield Beach, FL 33442 Print Name of Notary Street Address, may, State and Zip Code Commission Expires c (254) 426 5144 / Fax (954) 570 3391 Seal: Telephone No.&Fax No. xR1sTEN n► I&M% Wi Cam mlWw#EE OBMI Explros%71,2015 8aa�edflntTmy i�ria.�.bii ?I INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above a I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner. This day of 20_ Sig te: Sign Name of Notary Public (Print Name) State of Print Name of N Street Address,City, State and Zip Code Commis Aires: Seal• Telephone No.&Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a du(y authori officer h�a orized (Applicant/Consultant/Representative) Craig McDonald of corpora-fe Property vi to make and file the aforesaid application. Sworn to and subscribed before me Corporation 77e: McDona , Corpora i n This day of 20 Signature: €)ate: - — Rosangela DeMello (Print Name) ea Constructi.r�n Mana er ry is (Print Title) 10150 Highland Manor Drive, Suite 470 Kristen Ferretti Tampa, FL 33610 Print Name of Notary Street Address,City,State and Zip Code Commission Expires - 12--1S (954) 224-1174 Seal. Telephone No.&Fax No. w . "Expr-0 t v'22 2.05 30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the own object lands described above and that all partners have authorized (Appiicant/C nt/Representative) to make and file the id application. Sworn to and subscribed before me This day of 20._,_ Signature: Date- (Print Name)** Sign Naive of Notary Public State of( ) Print Name of Nota Street Address,City, State and Zip Code Commission res: - Seal: Telephone No.&Fax No. ch partner must sign. Attach duplicate sheets as required. CORPCt .,-ATE PROPERTY SER\r,.._..,E , INC. 1239 E. NEVVPORT CENTER DRIVE • SUITE 1 13 k DEERFIELD BEACH, FL.ORIDA 33442 VARIANCE JUSTIFICATION STATEMENT McDONALDIS L/C # 009.0130 it 1310 SOUTH FEDERAL HIGHWAY DANIA BEACH, FL P1 I"1t1i1111g SEPTEMBER 21, 2011 Cho rtm t't There is an existing McDonald's fast food restaurant with a drive-thru located at 1310 South Federal Highway. The 0.92 parcel is zoned SIZED MU (South Federal Highway Corridor—Mixed Use/'Transit Oriented Corridor), has a.Regional Activity Center future land use designation and located with the Community Redevelopment Area. McDonald's has launched a nationwide campaign to revitalize and re-image many existing restaurants. As part of this redevelopment program, McDonald's will be remodeling the interior and exterior of the existing restaurant as well as reconfiguring the drive-thru to the side-by-side concept. As a result of today's hectic lifestyles, current market demands necessitate convenient and economical places to eat. fast food restaurants today are being developed to meet the changing needs of society. This redevelopment project will have a positive influence on the surrounding properties, residences in the area and the City of Dania Beach in general. 1n fact, this project could be the catalysis for other redevelopment in the surrounding area. However, McDonald's current patrons are not familiar with the new image. According to City of Dania Beach Land Development Code (Code) Section 51 0-30 Appearance, all structures on a :site shall create a unified architectural theme and buildings with more than one facade facing a public street shall provide a treatment for each facade. McDonald's new architectural image implements the creative and aesthetically pleasing incorporation of wall signage. Therefore, the request for an additional wall signs will complete the new image as well as comply with the appearance requirements of the Cade. Pursuant to the City of Dania Beach Land Development Code Section 505-190 (Relief from requirement, sign variances), McDonald's respectfully submits this variance application and justification in support of these additional wall signs: "McDonald's"on the eastern elevation facing Federal Highway "McDonald's" on the southern elevation facing S.W, 14"' Street;And "M" over the entrance door on the northern elevation facing the existing alley These additional wall signs will complete the new image and will be consistent with what McDonald's is proposing; to do at their restaurants nationwide. (954)426-E51 r FAX (954)570-339 1 CUB:044077 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 surrounding area is predominately commercial in nature. McDonald's complies with the character of the surrounding areas and will not have a negative impact. Granting of the requested variance will not be contrary to the public's interest, but rather will enable the redevelopment project to move forward, Tile requested wall sign will maintain the basic intent and aesthetic improvement of the sign regulations as it affects the appearance and compatibility with properties in the surrounding areas. 2. The signs permitted under this code cannot be adequately viewed due to physical site distinctions. Although there are no physical site distinctions prohibiting the view of the restaurant, literal application of the sign code will prevent McDonald's from providing clear identification of the new imaged building. The requested variance to add the wall signs is minimal and will not compromise the overall functioning of the site. 3. The applicant's hardship shall not be self-created or based solely on inability to comply with the code. Often, a customer's continued patronage depends on how easily the site can be identified and accessed. The limited signage permitted under the current Code prevents McDonald's from providing adequate business identification. Therefore, the hardship is not self-created or based on an inability to comply with Code. Approval of the sign variance request will enable McDonald's to continue to achieve customer recognition that is so vital to any commercial establishment. In turn, the proposed redevelopment project will be able to prosper, as well as continuing to be an asset to the Dania,Beath community. 4. The architectural design of a structure or the site plan poses unique and extenuating characteristics which are not compatible with the requirements of this article. McDonald's is improving the site through redevelopment. The new architectural image implements the creative and aesthetically pleasing incorporation of wall signage. McDonald's is not proposing to change the use, but rather upgrade the existing improvements. However, by doing so, this results in a reduction of exposure for the new restaurant and creates a hardship. 2 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. Unlike other commercial properties along Federal Highway, the uniqueness of this McDonald's site is that it has three frontages: Federal Highway to the east, S,W 14th Street to the south and an alley to the north. The alley is a public right- of-way for both vehicular and pedestrian traffic. 'rhetefore, wall signage on the elevation facing the alley should be allowed. The requested wall signs are not a prohibited by Code. McDonald's will follow the applicable Code requirements tier public notice regarding the requested sign variance. If approved, all provisions of the Florida Building Code pertaining to unsafe structures shall apply to these proposed wall signs. 3 a k 7 zr I r y n , e z p IF t1! A s' qj i $ ' UL:a C J � ' • 9 1 s I III 31rJ f � ( r J a, I Ik ri - c f r�,F . E ; , , s e 1FP t lw} C �•:I f . CC cDonald"s Har#ley�Purdy rcl7stec u�e.lnc; Use., LL rv. �1 f. 4F ii P � E ?� •t 3� { k""4 1 . m _ it "I yy gt a c a � x -- -i ±: —4- r 1. � I i Rp t � °i F Jf Cl Ll Ej, nA=7 1t r' Hr ' t USA, LLCr: ,;� -. • �.� , "., . �_ n if m J�� D \ 2 a Y Pie, C6 N tCY N : "O L�Z.ID 71 TJ v � g 3 II. E C 2 .y G _ram x c,+ "' '��figr Ws:� EraF- G7U ', r sue+, ^� � _ SR1 .� �- Q_ 0^424z�'..E'� ax �a' g 59 x 3 �=' - ' � r 2^ r o` u. _ t c� ;n ALBERT A. GARGIULO, P.E. fAr ■eery ' . ; CONSULTING ENGINEER MOMP Lie, No. PE 32582 324 SUNSET RD. WEST PALM BEACH,FL.334{i1 1767 Hill Ave. 561486-5` West Palm Beach, R 33 FAX 56'-U,b-_,.j46 561-840-6382 fax 561-840-bod R wais VAR 3 C r J � L T Rt CJ C ��ee last cc: [ co m n I-I , c� ID u �M A '� cc T H .� ' s z Q CO _t tl c R mot GA W Q(N��+ ...... Mvl�r.P may{; "'Y'qR' r �'i• 'k; � -'-- �yA 89 1 SIR s i 0 � � k cCO � _ lm r -_.:.._ Z Up f v HIM agn Y f FT S - x " foTTA till VAN .r. - # ZVI.. ,. a f- 1 — _ � co >`'th,;,. r ! c �1 ur C YZ k lot '�also; 1: F _ ALBERT A.GARGIUL©, P.E. �"" 178 • u CONSULTING ENGINEER Lit.No.PE 32682 324 SUNSET RD, � � ►,�. WEST PALM BEACH,FL.334tl1 1767 Hill Ave. 561486.504 West Palm Beach,FL 33407 FAX 561.688-' 5 561-840-6382 fax 561-84©-6365. i i I Nip) It F o gg a E Ecyy M � � '—'— tlJ • A xa lei Nvr,�4 a LE�TEEi w' F 5 � I _ ppr A RP S $� 4 I El rL rep 19. 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