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HomeMy WebLinkAboutR-2012-092 - Approved request by Lou Campanile, Jr., of McLaughlin Engineering Company for SunBelt-RDF, LLC for a special exception use to allow a hotel use located at 4801 Anglers Avenue RESOLUTION NO. 2012-092 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY LOU CAMPANILE,JR.,P.E.,P.L.S.,OF MCLAUGHLIN ENGINEERING COMPANY REPRESENTING SUNBELT-RDF,LLC,FOR A SPECIAL EXCEPTION USE TO ALLOW A HOTEL USE ON PROPERTY LOCATED AT 4801 ANGLERS AVENUE IN DANIA BEACH,FLORIDA,LOCATED IN A COMMERCIAL("C- 2") ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Unified Land Development Code,Section 630-50,states that Special Exceptions may be granted when: (1) the use is permitted as a special exception use as set forth in the use regulations of Part 1 of that Code; (2) the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located; (3) the use will be compatible with the existing uses on contiguous property with uses in the general area and 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; (4) adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities; (5) adequate parking and loading are provided,and ingress and egress are so designed so as to cause minimum interference with traffic on abutting streets; (6) 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; (7) 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; (8) the use will not utilize turning movements in relation to its access to public roads or intersections, its location in relation to other structures or proposed structures on or near the site,that would be hazardous or a nuisance; (9) the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the comprehensive plan; (10) 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; (11) the use will not overburden existing public services and facilities; and WHEREAS, applicant, Lou Campanile, Jr., P.E., P.L.S., of McLaughlin Engineering Company representing the property owner,Sunbelt-RDF,LLC,has applied for a special exception to allow a hotel use within the Commercial ("C-2") Zoning District for property located at 4801 Anglers Avenue in the City of Dania Beach; and WHEREAS,the Dania Beach Unified Land Development Code, Section 110-20,states that special exceptions may be granted for a"hotel", subject to the following conditions: 1) Guestroom access shall be via interior corridors; 2) Individual wall or window mounted air conditioners (if used) shall not project beyond any exterior wall of the building; 3) It must have a minimum of one hundred(100)guest rooms; and WHEREAS,the Community Development staff reviewed this request and recommends that the City Commission grant the special exception request; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain Application SE-21-12, for a special exception to allow a hotel in the Commercial ("C-2")Zoning District, for property located at 4801 Anglers Avenue in Dania Beach,a copy of which Application is attached as Exhibit"A"which is made a part of and is incorporated into this Resolution by this reference, is approved. Section 2. This approval shall automatically expire and become null and void,unless all development permit applications and construction drawings (if applicable) that are necessary to establish the special exception use are submitted within twelve (12) months of City Commission approval,the Applicant obtains all necessary development permits(including payment of all fees) within eighteen(18)months of City Commission approval and that all development permits remain valid until the project is completed subject to the conditions set forth above. 2 RESOLUTION#2012-092 Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 14, 2012. ATTEST: T� LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO FO AN CORRECTNESS: 1 -A,, THOMAS J ANSB O CITY ATTORN 3 RESOLUTION#2012-092 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 14, 2012 TO: Robert Baldwin, City Manager VIA: Marc LaFerrier, AICP, Dirpot6r FROM: Corinne Lajoie, AICP, LEED Green Associate, Principal Planner SUBJECT: SP-15-12/SE-21-12NA-22-12/DR-23-12: The applicant, Lou Campanile, Jr., P.E., P.L.S, with the McLaughlin Engineering Company, representing Sunbelt-RDF LLC., is requesting a site plan, special exception, variances and delegation request to amend a note on the plat to allow 159 room, 4- story, hotel and to amend the Non-Vehicle Access Line for a property located at 4801 Anglers Avenue(SECOND READING). SITE PLAN To allow the construction of a 159 room hotel. SPECIAL EXCEPTION To allow hotel use in a Commercial (C-2) zoning district; per Section 110-20. VARIANCE 1. To allow a 4-story/41 foot, 8 inch tall building, code permits a maximum of 3-stories/ 40 feet, per Section 205-10 &220-10. 2. To allow an interior landscaped area abutting a building to be six (6) feet; code requires 20 feet; Chapter 29, Section 275-100(E). DELEGATION REQUEST To amend a note on the plat to allow a total of 159 hotel rooms and amend the Non- Vehicle Access Line (NVAL). PROPERTY INFORMATION: ZONING: Commercial (C-2) FUTURE LAND USE: Commercial OVERYLAY: Westside Master Plan, Sub Area 1: Griffin Road West The subject property includes two platted parcels, equaling approximately 3.8 acres, located on the south west corner of Griffin Road and Anglers Avenue. This property is currently vacant. A previous site plan was approved on this site for the construction of a shopping center, which has since expired. SITE PLAN The site plan proposed is for the construction of a 159 room hotel. The development will also provide an outdoor pool, landscaping and direct pedestrian access from the bus stop on Anglers Avenue (a policy identified in the WMP). Access to the site will be made available from Griffin Road and Anglers Avenue, as identified on the plat. The applicant conducted an environmental assessment which found the site had a high infestation of invasive, exotic plants and fill brought to the site that has reduced the native habitat, making it difficult for any animals to inhabit the property. The assessment also found that no rare, threatened, endangered or species of special concern as listed by the State or Federal Government were observed on the site. At staffs request, the applicant is provided a 'Welcome to Dania Beach' sign at the corner of Griffin Road and Anglers Avenue that will be approximately 13 square feet and stand 3.5 feet tall. As discussed in the Westside Master Plan, Griffin Road is a gateway into the city and entry feature signage is recommended by the plan. The applicant has received conditional approval from Broward County Aviation Division and a Determination of No Hazard to Air Navigation from FAA, which will expire December 26, 2013. The property has an active code violation on the property regarding the removal of specimen trees from the site without permit, which occurred under pervious ownership. The applicant is continuing to work with staff to address the issue and the proposed landscape plan, that provides more trees than the minimum required by code, will resolve the violation. The applicant is providing 92 more trees than are required by code, at staffs request, to soften the impact of the building and provide additional buffering along the west from the adjacent residential development. This project went through the Development Review Committee where it was reviewed by the Fire Marshal, City Engineer, the city's landscape consultant and Community Development. The following comments must be addressed by the applicant prior to issuance of a building permit: 1. Coordinate the installation of the city approved bus shelter with Public Services(Planning). 2. Provide unity of title prior to issuance of a building permit(Planning). 3. Complete the application for approval for the fire protection water supply design (Fire Marshal). 4. Need fire flow requirement for buildings (Fire Marshal). 5. Provide a copy of the complete set of approved plans in PRD format on CD-ROM disk (Fire Marshal). Provide a disk containing the approved site plan (*.dwg file format in NAD83) is expected as part of the final submittal package (City Engineer). 6. Drainage calculations and other drainage related details mentioned in the site plan review will be expected during construction permitting with the city (City Engineer). SPECIAL EXCEPTION Part 1 of the City's Unified Land Development Code permits hotel use as a special exception in the Commercial(C-2)zoning district, with the following conditions: 1. Guestroom access shall be via interior corridors. 2. Individual wall or window mounted air conditioners (if used) shall not project beyond any exterior wall of the building. 3, Must have a minimum of one hundred (100) guest rooms. The proposed development meets all of the conditions identified above. In addition, Section 630-50 states that the Planning and Zoning Board or City Commission, as applicable, shall review the application to determine whether the special exception use complies with the following standards: 1. That the use is permitted as a special exception use as set forth in the use regulations of part 1 of this code. 2. That the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located. 3. That the use will be compatible with the existing uses on contiguous property, with uses in the general area and zoning districts where the uses 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. 4. That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities. 5. That adequate parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. 6. 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. 7. 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. 8. 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 propose structures on or near the site that would be hazardous or a nuisance. 9. 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. 10. That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, orders, 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. 11. That the use will not overburden existing public services and facilities. VARIANCE 1. BUILDING HEIGHT The variance request is to allow a 4-story/41'8" tall building, code permits a maximum of 3- stories/ 40 feet. The residential town house development to the west is built at two (2) stories and is buffered by a six (6) foot wall. Additionally, parking and landscaping surrounds each townhouse building providing approximately 117 foot separation from the closest residential unit to the west side of the hotel building. While the overall height of the building, to the highest point, will be 70.67 feet, the code measures height to the top of tie beam of the uppermost floor and allows structures screening mechanical equipment to exceed this height. The proposed height is one story less than the hotels located on the north east corner of Anglers Avenue and Griffin Road. In addition, if the project was required to comply with the maximum height allowed by code, additional variance from other development standards, such as parking and landscaped open space may become necessary. 2. LANDSCAPE BUFFER The code requires a five (5) foot landscape buffer separating the vehicular use area from the building, which increases by five (5) feet for each additional story, requiring a total of 20 feet for this project. The applicant is provided a buffer that varies from six (6)feet to twelve (12) feet. All perimeter landscape buffers adjoining the residential communities meet or exceed the minimum code requirements. Additional, the applicant, at staffs request, has removed several unnecessary parking spaces and provided larger landscape islands, increasing the amount of trees and pervious area on the site. Complying with this requirement would reduce the landscape buffer provided adjacent to the neighboring residential homes or reduce required parking. In addition, Section 625-40 states, the city commission or planning and zoning board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that: (1) 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; (2) The special conditions and circumstances do not result from the actions of the applicant; (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, buildings or structures in this same zoning district; (4) Literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on the applicant; (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; (6) The variance granted will be in harmony with the general intent and purpose of this Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. DELEGATION REQUEST The applicant is requesting to change the note on the plat, limiting the use of the property from the existing language that reads: This property is restricted to 48,000 square feet of Commercial Use. Freestanding banks and drive thru bank facilities are not permitted without the approval of the board of County Commissioners who shall review and address these uses for increased impacts. Any structure within the plat must comply with Section IV D.1.f., Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of property owner including any owner or owners of property within this plat who took title to the property with reference to this plat. To the proposed language that reads: This property is restricted to 159 Hotel Rooms. Any structure within the plat must comply with Section IV D.1.f., Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of property owner including any owner or owners of property within this plat who took title to the property with reference to this plat. In addition to the change of use, the applicant is also proposes some changes to the Non g Pp p p 9 Vehicle Access Lines (NVAL) on the plat. These changes have been reviewed by staff in Public Services and the Fire Marshal's Office. No objections by staff have need raised to the proposed changes to the plat. WESTSIDE MASTER PLAN This property is located in the Westside Master Plan (WMP) study area in Sub Area 1; Griffin Road West. The site plan addressed two (2) of the policies identified in the WMP, as identified below: Policy 2.6 Acquire easement for gateway features. Policy 2.9 Add land development regulations to ensure that new development and redevelopment proximate to transit stops provide direct pedestrian access from the building to the transit stop. CITY COMMISSION PREVOUS ACTION On July 24, 2012 the City Commission approved the delegation request on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On June 20, 2012 the Planning and Zoning Board heard the delegation request and recommended approval. STAFF RECOMMENDATION SITE PLAN Approve with the condition that staff comments are addressed prior to issuance of a building permit and provided the special exception and variances are granted. SPECIAL EXCEPTION Approve. VARIANCE 1 —Building Height-Approve. 2—Landscape Buffer—Approve. DELEGATION REQUEST Approve. City of Dania Beach, Florida Department of Community Development Planning ) xr� (95 (, WF Standard Development Application APR ! l 2011 ❑ Administrative Variance d n nAu 1 ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Rec'd: M Site Planla , 1�,�� M Special Exception SP' Petition No.:9 Variance YA-o'�o'�-AR j)DR-�3 1� M Other: Delegation Requests (SEEAPPUCATIONTYPESCHEDMEONPAGES3&4) 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 Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: 4801 ANGLERS AVENUE, DANIA BEACH, FLORIDA 33312 Lot(s):Parcels A BBlock: Subdivision: SHOPS AT GRIFFIN SUBDIVISION 178-92 Recorded Plat Name: SHOPS AT GRIFFIN SUBDIVISION 178-92 5042 32 55 0010 SHOPS AT GRIFFIN SUBDIVISION 178-92 Folio Number(s): 5042 32 55 0020 Legal Description: Parcels A 8< B _ Lou Campanile, Jr., P.E., P.L.S. Applicant/ onsultan Legal Representative(circle one) McLaughlin Engineering Company Address of Applicant: 400 N.E. 3rd Avenue, Fort Lauderdale, Florida 33301-3234 Business Telephone.(954) 763-7611 Home: Fax: (954) 763-7615 E-mail address: I0u@mec0400.c0m Name of Property Owner: SUNBELT-RDF, LLC Address of Property Owner: 2733 Ross Clark Circle, Dothan, Alabama 36301-3214 !_ Business Telephone:(334) 793-6855 Home: Fax: (334) 836-3557 Explanation of Request: Please see attached Explanation of Request. _ For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Section 625,40 of the Land Development Code. Prop. Net Acreage: 3.8262 Gross Acreage: 3.8262 _prop. Square Footage: 166,671 _ Existing Use: C-2 Vacant Proposed Use: C-2 Hotel Is property owned iondividuaifyr by a corporation, associatiron, or a 1oijj't venturE? iPrGPertv IS oEvned by a Florida limf ed iiabili V Ccmpany. AUTHORIZED REPiZESENTATIVE I/we are€ci€ly aware of the request being made to the Citty of mania Beach.if FCwe are i unable to be preserwk 1/we hereby authorize � (individuaijfrrry) to represe.rit welm in a"afters related to this application. Efwe hereby acknowledge that the applicaM61fee was established to offset administrative costs and is not ref'undabEs. McLaughlin Engirt ring Company & Siegel, Lipman. Dunay; Shepard € €(l iskel, LLr Ijvve are fi ly aware than all approvals aatortraticaffy expire within 1.2 moriths of C€ty �-Dania Beach Planning and Zoning Board or City Commission appruval,or pursuant to j the mUi€atiaa tirneframe kst�- in Part 5 of the Darda Beach land ©e.•e[opme nt Code. ` STATE of ALAr3AMA COUNTY OF 1,iOUSTON By: The forego€ng instrument (€Wner%A. €t signature*) G was acknov(edged BEFORE ME THIS t DAY OF T 1 20 12 By: (Fruit'narne of persw acknowledging) gait owner signature if aP"PfRab),e) P o �14 1 K �Eaf:ary (Sigrsa ltu of Notary i6—State of Alabama ) =�� �co Bros :ED PersonaF6y known or ProducedIdensfScatian nSTN 01 Type of identification produced: or Drivers Liter of ,joint ownership, both parties must sign. If partnershipr corporation or association, an authorized officer must sign on behalf of the group. A. notarized ietber of' adthorization from the owner of record must accompany the application tf an authorizer(agent signs for the owner(s). NO APP4TC47I0N l ITU$EftVTOMA77-CALLYSCHEDULED FOR A MH 7TNG. ALL APRaCATrONS MUST SE LYEFERIF9VED C OMPL'- E 3Y STAFF SFFQRE pRoCE,S61NG OCCURS. Residence Inn 4801 Anglers Avenue, Dania Beach,Florida Project Narrative Sunbelt-RDF, LLC ("Petitioner") owns two (2) platted parcels of property totaling+/- 3.83-acres located at 4801 Anglers Avenue ("Property"), which is generally located on the southwest corner of Griffin Road and Anglers Avenue within the City of Dania Beach ("City"). Petitioner proposes to develop the Property with a one hundred fifty-six (156) room, four (4) story Residence Inn Hotel ("Project"). The underlying land use of the Property is Commercial on both the City and the Broward County ("County") Land Use Maps, which permits a variety of uses, including hotels, designed to support the commercial needs of the resident and tourist populations of Dania Beach. The Property is located within the City's C-2, Community Business, zoning district which permits the Project as a Special Exception. The Property is currently filled to grade, undeveloped and has access to both Griffin Road and Anglers Avenue, which is permitted by the Shops at Griffin Subdivision Plat as recorded in Broward County Plat Book 178,Page 92 ("Plat"). In order to develop the Project, Petitioner is seeking various development approvals from both the City and the County. Petitioner is requesting the City to permit the Project as a Special Exception use pursuant to Section 110-20 of the City's Land Development Regulations ("LDRs"). Petitioner is also requesting variances from the City's LDRs to permit: (1) a maximum building height of four (4) stories and forty-one feet and eight inches (41'-8") for the Project in accordance with the City's definition of building height, and (2)an interior landscaped area abutting a building with a minimum width of six feet (6') at the entrance locations to a varying width of seven (7') to twelve feet (12') separating the Vehicular Use Areas(VUA)from the walls of the building. Additionally, Petitioner is requesting approval from both the City and the County to amend the existing restrictive note on the Plat to allow for the development of the one hundred fifty-six (156) room hotel, and to modify the access drive location, turnlane length and corresponding non-vehicular access lines to accommodate the requests of the Florida Department of Transportation(FDOT)and Broward County. June 15.2012 Residence Inn 4801 Anglers Avenue,Dania Beach, Florida Special Exception Request and Justification Sunbelt-RDF, LLC ("Petitioner") owns two (2) platted parcels of property totaling+/- 3.83-acres located at 4801 Anglers Avenue("Property'),which is generally located on the southwest corner of Griffin Road and Anglers Avenue within the City of Dania Beach ("City"). Petitioner proposes to develop the Property with a one hundred fifty-six (156) room, four (4) story Residence Inn Hotel ("Project"). The underlying land use of the Property is Commercial on both the City and the Broward County ("County") Land Use Maps, which permits a variety of uses, including hotels, designed to support the commercial needs of the resident and tourist populations of Dania Beach. The Property is located within the City's C-2, Community Business, zoning district which permits the Project as a Special Exception. The Property is currently filled to grade, undeveloped and has access to both Griffin Road and Anglers Avenue, which access is permitted by the Shops at Griffin Subdivision Plat as recorded in Broward County Plat Book 178, Page 92 ("Plat"). In order to develop the Project, Petitioner hereby requests the City to permit the Project as a Special Exception use pursuant to Section 110-20 of the City's Land Development Regulations("LDRs") as follows: Special Exception from Section 205-10 of the City's LDRs to permit a hotel use in the C-2,Community Business,zoning district. As discussed in greater detail below, this Special Exception request complies with Section 630-SO(A) of the City's LDRs,Special Exception Use Review Standards. In particular, Petitioner will demonstrate that: (1) the use is permitted as a special exception use as set forth in the use regulations of part 1 of the City's LDRs; (2)the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located; (3) the use will be compatible with the existing uses on contiguous property, with uses in the general area, with the C-2, Community Business, zoning district where the use is to be located and 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; (4) adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities; (5) adequate parking and loading is provided, and ingress and egress is designed so as to cause minimum interference with traffic on abutting streets; (6) 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; (7) 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; (8)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 Property, that would be hazardous or a nuisance; (9) the use will not have a detrimental effect on the future development of contiguous properties or the general area,according to the comprehensive plan; (10) 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;and (11)the use will not overburden existing public services and facilities. Jule 15. 2012 (1) The use is permitted as a special exception use as set forth in the use regulations of part 1 of the City's LDRs. Section 110-20 of the City's LDRs, the 'List of Permitted, Special Exception and Prohibited Uses" includes Hotel as a permitted Special Exception Use within the C-7-, Community Business, zoning district. (2) The use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the C-2, Community Business, zoning district within which it is to be located. The Project will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the C-2, Community Business, zoning district within which it is to be located. The Property is located at a high-intensity intersection with many surrounding existing commercial and industrial uses. To the north of the Property, across Griffin Road, is a mix of small-scale commercial uses including a gas station, an auto repair center and a restaurant, which is within the C-2, Community Business, zoning district with an underlying land use of Commercial. To the northeast of the Property is a mix of commercial uses including two(2)four(4)story hotels, which are located within the IROM, Industrial-Research-Office-Marine, zoning district with an underlying land use of Commercial. To the east of the Center, across Anglers Avenue, is a mix of commercial uses including a gas station, the Humane Society, the Bass Pro Shops Sportsman's Park, a hotel and the Tri-Rail, which are located within a variety of zoning districts including C-2, Community Business, C-3, General Business District, IROM, Industrial-Research-Office-Marine, OS, Open Space, and IROC, Industrial-Research-Office-Commercial, with an underlying land use designation of either Commercial or Parks and Recreation.Additionally, the Property is located within one(1)mile of the Fort Lauderdale-Hollywood International Airport. The Project is compatible with all of the surrounding existing commercial and industrial uses. Contiguous to the Property on the south and west is a gated four hundred twenty-seven (427) unit multi family residential community, The Villas at Harbor Isles Condominium, which is zoned RM, Multiple-Family (10 du/ac) Residential District, with an underlying land use of Low Medium (10) Residential. The residential use will be sufficiently screened from the proposed hotel use and will not be adversely affected by the Project. Directly south of the Project is a vehicular entry to the residential community, which includes a water feature on each side of the road, thus actually creating an approximately three hundred and fifty foot (+/- 350') buffer between the Property and the nearest residential unit to the south. Similarly, there is a drive aisle and parking located directly to the west of the Property, thus creating an approximately sixty-five foot (65') buffer between the Property and the nearest residential unit to the west. Additionally, there are existing mature trees on the west side of the Property, which Petitioner intends to preserve, the Project is designed to provide landscaping in excess of that required by the City's LDRs on the boundaries shared with the residential use, and the perimeter of the residential property is lined with existing mature trees. Considering that the Property is located in close proximity to the airport and the Bass Pro Shops Sportsman's Park, there are three (3) hotels nearby, and the Project will be more than adequately screened from the June 15.2012 adjacent residential use, the Project will not cause a detrimental impact to the existing contiguous uses, uses in the general area and the C-Z Community Business,zoning district where it is located. (a) The use will be compatible with the existing uses on contiguous property, with uses in the general area and the C-2, Community Business, 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 Project will be compatible with the existing uses on contiguous property, with uses in the general area and the C-2, Community Business, 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. There exists a need for additional rooms for overnight accommodations based on the proximity of the Property to the Fort Lauderdale-Hollywood International Airport (FLL), the Bass Pro Shops Sportsman's Park, and downtown Dania Beach. The lack of available property large enough for hotel development in this area and the fact that many hotel rooms will be lost due to the future expansion of the FLL airport make the Property a prime location that is harmonious in use and character for the area. Due to the FAA's airspace regulations, existing and proposed structures in the area are restricted in height. The Project is designed to be a four(4)story building that is well within the FAA's regulations and consistent with other multi-story structures in the area. Orientation of the Residence Inn is centrally located on the 3.83-acre site with driveways and service areas located away from the residential community to the west and south (4) That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities. Adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities. The Villas at Harbor Isles is an established multi family community that is contiguous to the Project on the west and the south. There is an existing six foot (6') tall decorative concrete wall along the common boundaries of the properties. As detailed above, the closest multi family residential buildings of the adjacent community to the west are buffered by the existing wall, mature landscaping, a two (2) way paved roadway and parking areas. An even more significant buffer area is provided adjacent to the south side of the Property including an entry to the residential community and two (2) lakes. In addition to the buffers existing on the residential property, the Project is designed to include a buffer on the Residence Inn side of the decorative concrete wall that will provide landscaping in excess of the City's LDR requirements and effectively screen the Project from the adjacent residential community. (5) That adequate parking and loading is provided,and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. Adequate parking and loading is provided, and ingress and egress is designed so as to cause minimum interference with traffic on abutting streets. As the Project is required to provide one hundred eighty-two (182) parking spaces, and the Project is designed to provide one hundred June 15. 2012 ninety-one (191) parking spaces, there is sufficient parking. The Project is designed to orient the main entrance and loading areas away from the adjacent residential community and towards Anglers Avenue. The loading area is also located on the southeast portion of the Property so as to avoid any conflict with traffic on abutting streets. The only means of ingress and egress to the Property are through the previously approved and platted driveway openings on Griffin Road and Anglers Avenue. An additional turn lane will be constructed on Anglers Avenue to minimize interference with traffic on the adjacent streets. The Project will provide adequate parking and loading with access points designed to minimize interference with traffic on Griffin Road and Anglers Avenue. (6) 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 Project 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. A comprehensive Reconnaissance Level Field Assessment was recently performed on the Property. The Property was surveyed for compliance with the South Florida Water Management District Basis of Review, Broward County Ordinance No. 93-49, section 27, and the City of Dania Beach "Tree Preservation"Ordinance (Chapter 26,Article 2) and "Wildlife Protection" Ordinance (Chapter 29, Article 4). The Property was investigated to identify native vegetative communities, determine the viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission ("FGFWFC"), and the Florida Department of Agriculture. The Environmental Assessment concludes that the Property is located in a highly developed commercial and residential area. The high infestation of invasive, exotic plants and filling the site has reduced the native habitat, making it difficult for any animals to inhabit. No standing water is present on the property. No rare, threatened, endangered or species of special concern as listed by the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission ("FFWCC"), and the U.S. Fish and Wildlife Service ("USFWS") were observed on the property. No wetlands or wetland indicators were observed on the site. The habitat value is rapidly diminishing due to the extensive infestation of exotic and invasive vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. The Project will not have a detrimental impact on the Property or the surrounding area. (7) 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. The Project 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. A public bus shelter easement additional road right-of-way June 15. 2012 dedication along Anglers Avenue for new turn lane construction, together with controlled access locations on Griffin Road and Anglers Avenue were required for the previous development approval of the Property. The previous approval was for a commercial retail shopping center. The Project will accommodate all required parking and patron/service vehicle circulation on the Property. (8) 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 Property,that would be hazardous or a nuisance. The Project 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 Property, that would be hazardous or a nuisance. The plat for the Property, "Shops at Griffin Subdivision", as recorded in Plat Book 178 Page 92 was approved by the City of Dania Beach and Broward County and recorded in the Broward County Records within the last three (3)years. The entitled but undeveloped site approvals include additional road right-of-way dedication along Anglers Avenue for new turn lane construction, together with controlled access locations on Griffin Road and Anglers Avenue. This means that the Project will not utilize turning movements that would be hazardous or a nuisance to the public roads, intersections or structures near the site. The Project is also subject to complying with the Florida Department of Transportation("FDOT")Access Management Guidelines along Griffin Road(State Road 818). (9) 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 Project will not have a detrimental effect on the future development of contiguous properties or the general area, according to the City's Comprehensive Plan. The Property is among the last remaining undeveloped commercial parcels in this quadrant of the City. Due to the proximity of the Property to Fort Lauderdale-Hollywood International Airport (FLL), the Tri-Rail and the interchange of Griffin Road with Interstate 95, the development in the general area to the north and east of the Property is industrial and commercial in nature. The multi family and mobile home residential communities to the west and south, respectively, are completely built-out. Previous developmental approvals for use as a retail shopping center were issued on the Property but were never constructed due to the drastic decline in the retail marketplace. Considering the essentially built out status of the surrounding area, the Project will not be detrimental to the future development of the general area. (10) 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 Project 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 Property is one of the last remaining undeveloped commercial parcels in this highly June 15. 2012 developed quadrant. Due to the proximity of the Property to Fort Lauderdale-Hollywood International Airport, the Tri-Rail and the interchange of Griffin Road with 1-95, the general area to the north and east of the Property is developed with industrial and commercial uses. The orientation of the Project on the Property is designed such that the service uses are located on the east side of the Property away from the multi family and mobile home residential communities that exist to the west and south, respectively. The City's applicable LDRs regarding compatibility with the adjoining community have been incorporated into the Project's design and development plan. As such, the Project will not result in the adverse creation of additional incompatible nuisances to the contiguous properties and uses in the general area. (11) That the use will not overburden existing public services and facilities. The Project will not overburden existing public services and facilities. The availability of adequate infrastructure, which includes roadway impacts, potable water, sanitary sewer and surface water runoff has been investigated and verified with the City, Broward County, FDOT and the South Florida Water Management District. Additional infrastructure elements are to be constructed as part of the development including a new turn lane along Anglers Avenue to improve traffic circulation and access to the Property. Considering the foregoing, the Project will not overburden the existing public services and facilities in the area. June 15, 2012 Residence Inn 4801 Anglers Avenue,Dania Beach, Florida Variance Request and Justification—Building Height Sunbelt-RDF, LLC ("Petitioner') owns two (2) platted parcels of property totaling +/- 3.83-acres located at 4801 Anglers Avenue ("Property"), which is generally lo cated on the southwest corner of Griffin Road and Anglers Avenue within the City of Dania Beach ("City"). Petitioner proposes to develop the Property with a one hundred fifty-six (156) room, four (4) story Residence Inn Hotel ("Project"). The underlying land use of the Property is Commercial on both the City and the Broward County ("County") Land Use Maps, which permits a variety of uses, including hotels, designed to support the commercial needs of the resident and tourist populations of Dania Beach. The Property is located within the City's C-2, Community Business, zoning district which permits the Project as a Special Exception. The Property is currently filled to grade, undeveloped and has access to both Griffin Road and Anglers Avenue, which access is permitted by the Shops at Griffin Subdivision Plat as recorded in Broward County Plat Book 178, Page 92 ("Plat"). The City's C-2, Community Business, zoning regulations permit a structure with a maximum height of three (3)stories/forty feet (40'). In order to develop the Project, Petitioner hereby requests a variance from the City's Land Development Regulations ("LDRs")as follows: Variance from Sections 205-10 and 220-10 of the City's LDRs to allow for a four(4) story/forty-one feet and eight inches (41'-8") tall building height in lieu of the maximum three (3) story/ forty foot(40')height. As discussed in greater detail below, this variance request complies with the Section 625 of the City's LDRs,Variance Review Criteria. In particular, Petitioner will demonstrate that: (1)special conditions and circumstances exist which are peculiar to the land; (2) the special conditions and circumstances do not result from the actions of the petitioner;(3)the granting of the variance will not confer on the petitioner any special privileges; (4) the literal interpretation would deprive the petitioner of rights commonly enjoyed by others in the C-2, Community Business, zoning district; (5) the variance is the minimum variance that would make reasonable use of the land; and (6) the granting of the variance would be in harmony with the intent of the land development regulations. (1) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands,structures or buildings in the same zoning district. Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the same zoning district. Petitioner is requesting a variance to increase the building height to four(4)stories/forty-one feet and eight inches (41'-8") in order for the Project to be visible from Interstate 95 and consistent with comparable hotels in the immediate vicinity. The Property is 3.83-acre parcel located on the southwest corner of Griffin Road and Anglers Avenue, which is a very high-intensity intersection, approximately one-quarter(1/4) mile west of the Interstate 95 interchange with Griffin Road and approximately one-half(1/2) mile west of the Fort Lauderdale-Hollywood International Airport. June 15. 2012 The Property's proximity to the airport and Interstate create an ideal location for the Project. The Property is also located between high-intensity commercial uses to the north and east and a residential multi family use to the south and west. The Property's large size renders it most suitable for a medium sized development of this nature. The Project is designed such that it is oriented away from the contiguous residential use to mitigate potential impacts to the residential community. The inclusion of a fourth (4[h)story to the Project makes it possible for Petitioner to design the Project so as to eliminate adverse effects on the neighboring residential community and comply with other required development standards. Both the Property's location at such a high intensity intersection in close proximity to Interstate 95 and the airport and the Property's large size are special conditions that are unique to the Property and which necessitate the inclusion of a fourth (4`h) story for the Project. Were the Project required to comply with the forty foot (40') maximum building height requirement, additional variances from other important development standards, such as parking, open space, coverage and landscaping requirements, may become necessary. There are several parcels along Griffin Road, to the west of the property, that are similarly zoned C-2, Community Business. They do not have the special conditions that apply to the Property such as the high intensity corner location, size and rectangular lot configuration. Considering the foregoing, Petitioner respectfully requests approval of this variance. (2) The special conditions and circumstances do not result from the actions of Petitioner. The special conditions and circumstances do not result from the actions of Petitioner. The special conditions detailed above include the Property's location at a high-intensity commercial intersection, proximity to Interstate 95 and the Fort Lauderdale-Hollywood International Airport, and large size. Neither the Property's location nor size results from the actions of Petitioner. Additionally, the building height requirements established by Sections 205-10 and 220-10 of the City's LDRs do not differentiate between uses permitted by right and those permitted by special exception, which typically require the additional building height. (3) Granting the variance requested will not confer on Petitioner any special privilege that is denied by this chapter to other lands,buildings or structures in this same zoning district. Granting this variance request will not confer any special privileges on Petitioner that are typically denied to others within the some C-2, Community Business, zoning district. Petitioner has submitted a request to permit a Special Exception use on the Property. The City's LDRs do not contemplate the need for differing development regulations for uses permitted by right in the C-2, Community Business, zoning district and the uses permitted by special exception. The City has previously acknowledged that hotels require a certain height and number of stories in order to ensure that an adequate number of hotel rooms are provided within each use. Indeed, the City's LDRs requires all hotels to be designed with certain minimum standards that include one hundred (100)rooms, access to said rooms via interior corridors, and window mounted air conditioners to be located flush with the walls of the building. The City has previously recognized that consolidation of the facilities that provide overnight accommodations for visitors and residents at high-intensity locations is beneficial to the long-term economic viability of the City. June 15. 2012 (4) Literal interpretation of the provisions of this code would deprive Petitioner of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on Petitioner. Literal interpretation of the City's LDRs would deprive Petitioner of rights commonly enjoyed by other properties in the C-Z Community Business, zoning district and would work unnecessary and undue hardship on Petitioner. This variance request is necessary due to the Property's unique size and location. The Property's size renders it most suitable for a medium-scale development of this nature and its location makes it an ideal setting for the proposed hotel use. If the required maximum building height requirements were enforced, several additional variances from the City's parking, open space, coverage and landscape requirements may become necessary. Requesting several variances when the granting of one (1)variance will make possible the Project would work unnecessary and undue hardship on Petitioner. (5) The variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. The requested variance is the minimum variance that will make possible the reasonable use of the Property. This variance simply requests the addition of one (1) additional story/an increase of one foot and eight inches(1'-8")in maximum building height. Were Petitioner required to comply with the maximum building height requirement, several additional variances may be required from other development standards such as parking, open space, coverage and landscape requirements. By virtue of granting this building height request to allow for a fourth (4`h)floor, Petitioner is able to meet all other applicable LDRs and provide a comparable facility to those in the immediate marketplace. (6) The variance granted will be in harmony with the general intent and purpose of this Land Use Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting this variance will be in harmony with the general intent and purpose of the City's LDRs and will not be injurious to the City or otherwise detrimental to the public welfare. Indeed, Petitioner is proposing a Residence Inn by Marriott, which will provide another upscale hotel chain in the City that will appeal to business travelers and tourists alike. The Project has been designed to accommodate the basic intent of the LDRs by centrally locating the building and providing the main entrance on the eastern face of the building. The service loading area for the few instances that deliveries are made to the hotel is located away from the existing residential uses to the west of the Property. Additionally there are large scale retail commercial uses to the east and three (3) hotels that are located northeast and east of the Property that are four (4), five (5) and six (6) stories tall. The Project is in harmony with the surrounding uses and will not be injurious to the area or detrimental to the public welfare. June 15. 2012 Residence Inn 4801 Anglers Avenue, Dania Beach, Florida Variance Request and Justification—Vehicular use landscape areas abutting buildings Sunbelt-RDF, LLC ("Petitioner") owns two (2) platted parcels of property totaling +/- 3.83-acres located at 4801 Anglers Avenue ("Property"),which is generally located on the southwest corner of Griffin Road and Anglers Avenue within the City of Dania Beach ("City"). Petitioner proposes to develop the Property with a one hundred fifty-six (156) room, four (4) story Residence Inn Hotel ("Project"). The underlying land use of the Property is Commercial on both the City and the Broward County ("County") Land Use Maps, which permits a variety of uses, including hotels, designed to support the commercial needs of the resident and tourist populations of Dania Beach. The Property is located within the City's C-2, Community Business, zoning district, which permits the Project as a Special Exception. The Property is currently filled to grade, undeveloped and has access to both Griffin Road and Anglers Avenue, which access is permitted by the Shops at Griffin Subdivision Plat as recorded in Broward County Plat Book 178, Page 92 ("Plat"). Section 275-100(E)of the City's Land Development Regulations("LDRs") requires a minimum of five feet (5')of landscaped area separating a Vehicular Use Area (VUA)from the building, which increases by five feet(5')for each additional story. In order to develop the Project, Petitioner hereby requests a variance from the City's Land Development Regulations as follows: Variance from Section 275-100(E) of the City's LDRs to allow for an interior landscaped area abutting a building having a minimum width of six(6)feet at the entrance locations to a varying width of seven (7) to twelve (12) feet separating the Vehicle Use Area (VUA)from the walls of the building. As discussed in greater detail below, this variance request complies with the Section 625 of the City's LDRs,Variance Review Criteria. In particular, Petitioner will demonstrate that: (1)special conditions and circumstances exist which are peculiar to the land; (2) the special conditions and circumstances do not result from the actions of the petitioner; (3)the granting of the variance will not confer on the petitioner any special privileges; (4) the literal interpretation would deprive the petitioner of rights commonly enjoyed by others in the C-2, Community Business, zoning district; (5) the variance is the minimum variance that would make reasonable use of the land; and (6) the granting of the variance would be in harmony with the intent of the land development regulations. (1) Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands,structures or buildings in the same zoning district. Special conditions and circumstances exist which are peculiar to the Property and which are not applicable to other lands, structures or buildings in the some zoning district. Petitioner is requesting a variance to allow for an interior landscaped area abutting a building having a minimum width of six(6)feet at the hotel entrances to a varying width of seven (7) to twelve (12) June I5. 2012 feet separating the VUA from the walls of the building. The Property is a 3.83-acre parcel located on the southwest corner of Griffin Road and Anglers Avenue, which is a very high-intensity intersection, approximately one-quarter (114) mile west of the Interstate 95 interchange with Griffin Road and approximately one-half (112) mile west of the Fort Lauderdale-Hollywood International Airport. The Property's proximity to the airport and Interstate create an ideal location for the Project. The Property is also located between high-intensity commercial uses to the north and east and a residential multi family use to the south and west. The Project has been designed such that it is spread across the property at a reduced height and oriented away from the contiguous residential use to mitigate potential impacts on the residential community. All required perimeter landscape buffers adjoining the residential community to the south and west meet and/or exceed the minimum requirements of the City's LDRs. In an effort to provide maximum setback from the adjoining residential community, and for convenience to the hotel patrons, the vehicle use area driveway and parking circumnavigate the entire building. This constitutes an application of the interior landscape area abutting a building to all four sides of the hotel, which would not be required for other lands, structures, or buildings in the some zoning district having the VUA on only one side. Were the Project required to comply with the twenty foot (20') minimum interior landscaped area abutting a building requirement, additional variances from other important development standards, such as parking, open space, coverage and landscaping requirements, may become necessary. There are several parcels along Griffin Road, to the west of the property, that are similarly zoned C-2, Community Business. They do not have the special conditions that apply to the Property such as the high intensity corner location, size and rectangular lot configuration. Considering the foregoing, Petitioner respectfully requests approval of this variance. (2) The special conditions and circumstances do not result from the actions of Petitioner. The special conditions and circumstances do not result from the actions of Petitioner. The special conditions detailed above include the Property's location at a high-intensity commercial intersection and proximity to Interstate 95 and the Fort Lauderdale-Hollywood International Airport, as well as the Commercial Zoning designation located immediately adjacent to a multi- family development. These conditions are entirely outside of the Petitioner's control. Additionally, the interior landscaped area requirements do not differentiate between uses where, as noted above, a hotel use such as that proposed by the Project will be penalized for providing vehicular use areas to serve its customers, yet other uses, such as the previously approved retail center, are permitted to have back of house uses adjacent to residentially zoned property without additional landscaping along the building wall. (3) Granting the variance requested will not confer on Petitioner any special privilege that is denied by this chapter to other lands,buildings or structures in this same zoning district. Granting this variance request will not confer any special privileges on Petitioner that are typically denied to others within the same C-2, Community Business, zoning district. Petitioner has submitted a request to permit a Special Exception use on the Property. The City's LDRs do not contemplate the need for differing development regulations for uses permitted by right in the C-2, Tune 15. 2012 Community Business, zoning district and the uses permitted by special exception. The City has previously acknowledged that hotels provide a certain convenience to their patrons by providing ease of access to their hotel rooms. Indeed, the City's LDRs requires all hotels to be designed with certain minimum standards that include one hundred (100) rooms, and access to said rooms via interior corridors. The City has also previously recognized that consolidation of the facilities that provide overnight accommodations for visitors and residents at high-intensity locations is beneficial to the long-term economic viability of the City. Most importantly, it should be noted that even with the reduced width requested by this variance, Petitioner meets the intent of the LDRs by providing the landscape percentages and quantities otherwise required for the Project. (4) literal interpretation of the provisions of this code would deprive Petitioner of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on Petitioner. Literal interpretation of the City's LDRs would deprive Petitioner of rights commonly enjoyed by other properties in the C-2, Community Business, zoning district and would work unnecessary and undue hardship on Petitioner. This variance request is necessary due to the Petitioners desire to maximize the setback to the adjacent residential community while providing ease and convenience to hotel patrons. The Property's location makes it an ideal setting for the proposed hotel use, however it is necessary to seek this variance in order to limit the height of the Project and provide adequate buffering from the residential neighbors to the west and south. If the required interior landscaped area abutting a building requirement was enforced, several additional variances from the City's parking, open space, coverage and landscape requirements would likely be necessary. Requesting additional variances when the granting of two(2)minimal variances will make possible the Project would impose unnecessary and undue hardship on Petitioner. (5) The variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. The requested variance is the minimum variance that will make possible the reasonable use of the Property. This variance simply requests a reduction of an interior landscape buffer adjoining the building while maintaining the required minimum perimeter landscape buffers required by the LDRs. Were Petitioner required to comply with the interior landscaped area abutting a building, several additional variances would likely be required from other development standards such as parking, open space and coverage requirements. By virtue of granting this reduction of an interior landscape buffer adjoining the building, Petitioner is able to meet all other applicable LDRs and provide a comparable facility to those in the immediate marketplace. (6) The variance granted will be in harmony with the general intent and purpose of this Land Use Code,and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting this variance will be in harmony with the general intent and purpose of the City's LDRs and will not be injurious to the City or otherwise detrimental to the public welfare. Indeed, Petitioner is proposing a Residence Inn by Marriott, which will provide another upscale hotel chain June 15. 2012 in the City that will appeal to business travelers and tourists alike. The Project has been designed to accommodate the basic intent of the LDRs by centrally locating the building and providing the main entrance on the eastern face of the building. The service loading area for the few instances that deliveries are made to the hotel is located away from the existing residential uses to the west of the Property. Additionally there are large scale retail commercial uses to the east and three (3) hotels that are located northeast and east of the Property that provide parking for the patrons on all four sides of the hotel with instances that do not necessarily meet the interior landscape buffer adjoining the building as required by the City's Land Development Regulation. The Project is in harmony with the surrounding uses and will not be injurious to the area or detrimental to the public welfare. June 15. 2012 EXISTING PLAT NOTE: This property is restricted to 48,000 square feet of Commercial Use. Freestanding banks and drive thru bank facilities are not permitted without the approval of the board of County Commissioners who shall review and address these uses for increased impacts. Any Structure within the plat must comply with Section IV D.1.£,Development Review Requirements,of the Broward County Land Use Plan,regarding hazards to air navigation. This note is required by Chapter 5,Article IX,Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of property owner including an owner or owners of property within this plat who took title to the property with reference to this plat. NEW NOTE: This property is restricted to 159 Hotel Rooms. Any Structure within the plat must comply with Section IV D.1.£,Development Review Requirements,of the Broward County Land Use Plan,regarding hazards to air navigation. This note is required by Chapter 5,Article IX,Broward County Code of Ordinances,and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of property owner including an owner or owners of property within this plat who took title to the property with reference to this plat. 'urN.��..'TJUS _ci.ul su_�dLLC�oS: Ol II IL LE 7 - � > 5 11 E FFtF r 'zl Eel - -Ell El z, ED F qF EE � — d — J _ � � .� w u _)ll 'JON ilJONAS YE UO-j' if T TIP'. % 1 71 1 aj IR PW la�M A- 22 LU uj Lu IL I Ir Ll 4-6 LIA oz Lu �r b - [I�'�d-1_L[IS i yaraai�'uuno�oavr,ova n J77 JQX 1775:Vr7S' ors rrraa do i I� a_ u i (n.. HDV39 Vli,.' -NNI 3�i l301S321 I ' :I _ b I {♦ i __�1�, yJy �I�I �#I f� \��:Jc;11'+•�'r 'I I I a°. { , __ f� iy I I (a ho mo— it 17 j tCL r JiI I Ili S � I5 y 1 G I I k el OI:� 'Ili Oi ljjl a wl I - J a _ Ill 'AMI 1139NAS I _ i j ,I jljd 4-1 —Lill' -- — a = F — - I' JI _ r_ grU z. AL - "i I < Dil 'ja� ilHNns -V-7 Qe- 2,ua- Y I `I� 1� qj 41. it W.A VIA N 41 I rl- I ?' COUNT` AVIATION DEPARTMENT- Fort Lauderdale-Hollywood International Airport 2200 S.W.45 Street,Suite 101 •Dania Beach,Florida 33312•954-359-6100 ' 6/22/2012 Lou Campanile,Jr., P.E., P.L.S. McLaughlin Engineering Company 400 J.W. McLaughlin Avenue(NE 3rd Ave.) Fort Lauderdale. Florida 33301-3234 RE: Proposed Residence Inn at Anglers Ave. and Griffin Rd.,Dania Beach, FL Broward County Aviation Department(BCAD) Review Dear Mr. Campanile: The Broward County Aviation Department(BCAD)has reviewed the Residence Inn development proposal located southeast of Fort Lauderdale-Hollywood International Airport (1,LL). Since the proposed project is within 20,000 feet of FLL, its development and operation is subject to Federal Aviation Regulation(FAR) Part 77, Florida Statutes Chapter 333 and/or the Broward County Airport 'Zoning Ordinance. These standards seek to ensure that any proposed construction, use of high lift equipment, such as cranes, or other potential hazards will not negatively impact the safe and efficient use of the airport and surrounding airspace. At this time,BCAD is granting conditional approval of the proposed development. The conditions of this approval are as follows: • Based on the location of the proposed project, FAR Part 77, Subpart B and Section 5-182(n)(2) of the Broward County Land Development Code,require the applicant to obtain a "Determination of No Hazard to Air Navigation" from the Federal Aviation Administration (FAA). The receipt of a favorable determination is required for all critical building points and temporary construction cranes and must be received prior to any construction activity. The following web address can be used to initiate the Federal Review(FAA 7460-1)process: hops:/loeaaa.fia. o�/c�eae>vcxternal/portal.isp. • Following the receipt of a favorable FAA determination, the applicant may also need to obtain "airspace obstruction permits" from the Florida Department of 'Transportation (FDOT). This documentation is necessary to determine if the project will adversely affect public health or safety. If required, these permits must be obtained prior to the commencement of any construction. The following web address can be used to acquire additional information pertaining to the FAA and FDOT airspace obstruction review and permitting process: htlii:i!ww�v.dot.state.11.us/aviation/obstrllctiuns.slittrl. • The proposed project will not exceed 71.0' above Mean Sea Level (MSL) based on Nordi American Vertical Datum 1988(NAVD `88). At this location,a structure exceeding this height would impact critical airspace surfaces, some of which are not monitored by the FAA or FDOT, but are or critical safety importance to operations at the airport. • The Proposed development must not generate light or glare that could be disorienting to pilots operating in the vicinity of the airfield. Broward County Board of County Commissioners Gunzburger•Dale V.G Hotness•Kristin Jacobs-Chip LaMarca•Ilene Lieberman•Stacy Ritter•John E Rodslrom,Jr •Barbara Shanef•Lois Wexler www.broward.org Adherence to these conditions is required Ibr BCAD approval of the Residence Inn development. This review also serves to advise to the applicant of potential aircraft over-flight and noise impacts on this property due to its close proximity to the Airport. Further information regarding the current and potential impacts of airport operations on the subject property may he obtained from the Broward County Aviation Department, Airport Development Planning Division. The applicant should note that the project is not eligible for federal funding to mitigate aircraft noise. Please do not hesitate to contact me il'you have questions or require additional information at 954.3592291. Sincerely, Danicl P. Bartholomew, AICP, MBA Manager of Airport Planning DB/dc cc: Jamie McCluskie, Director of Planning Mail Processing Center Aeronautical Study No. Federal Aviation Administration 2012-ASO-3390-OE Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 06/26/2012 t l n A!", Mr. Hayne Hollis 1 Sunbelt-RDF, LLC „ 1 `' 2733 Ross Clark Circle A `. 1 �1; Dothan, AL 3630 1-3214 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Residence Inn Dania Beach, Florida Location: Dania Beach, FL Latitude: 26-03-43.78N NAD 83 Longitude: 80-10-08.14 W Heiglrts: 8 feet site elevation (SE) 63 feet above ground level (AGL) 71 feet above mean sea level(AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction(7460-2, Part I) _X Within 5 days after the construction reaches its greatest height(7460-2, Part II) 11 Based on this evaluation, markina and]rg a g hting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we reconunend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 12/26/2013 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a constriction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of') NOTE: REQUEST FOR EXTENSIOP F THE EFFECTIVE PERIOD OF TH- DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. Al�i ER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and fi-equencies or use of greater power will void this detemlination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes,derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local governnent body. Any failure or malfunction that lasts more than thirty(30) minutes and affects a top light or flashing obstruction light,regardless of its position, should be reported immediately to (877)487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored,notify the same number. If we can be of further assistance, please contact our office at(817) 321-7754. On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2012-ASO-3390-OE. Signature Control No: 162315492-167679848 (DNE ) Karl Trautmann Specialist Attachnient(s) Map(s) Page 2 of') TO! Map for ASN 2012-ASO-3390-OE iT r a 1J-tl� Af ,�. a,� W rl'V-:-I'' 147 r .- '��1-�--."~ 1-� �•U l- -lf ' i� .' a l rcR— ;swrxzAcs waoc— F di 7 ' ! �7Mtann,lcdi}��ocr� TC " . rt --y-�`-�s•�- - I,'L• -C. 1- Af Page 3 of 3 I From: Kirevey.Sergey To: Mark Robbins Subject: RE: 2012-ASO-3390-OE-Residence Inn Dania Beach,FL FDOT Obstruction Permit 7-9-12 !v Date: Tuesday,July 10,2012 9:43:25 AM Mr. Robbins— According to your FAA determination, your structure does not exceed federal obstruction standards. Therefore, an Airspace Obstruction Permit for the proposed structure is not required. I greatly appreciate your request for review,and I hope I was able to help! Best Regards, Sergey Kireyev Airspace and Land Use Manager Florida Department of Transportation, Aviation Office 605 Suwannee Street, M.S. 46 Tallahassee, FL 32399-0450 (850) 414-4502 From: Mark Robbins [ma ilto:mark@ meco400.com] Sent: Monday,July 09, 2012 1:03 PM To: Kireyev, Sergey Cc: 'Rayne Hollis'; 'Lou Campanile'; 'Scott Backman' Subject: FW: 2012-ASO-3390-OE- Residence Inn Dania Beach, FL -- FDOT Obstruction Permit 7-9-12 Mr. Kireyev— Our client is in the process of receiving final development approval for a 4-story Residence Inn hotel in the City of Dania Beach, FL. We are in the proximity of Fort Lauderdale-Hollywood International Airport and have received the Final Determination Letters from the FAA and Broward County Aviation Department(copies attached). As referenced in the following email from Dan Bartholomew(BCAD),we would appreciate your determination if we are required to obtain an aviation obstruction or any other permit(s)from FDOT for our project. Please let me know if you have any questions /comments or required additional information regarding the project. Thank you Mark Mark D. Robbins .11cLaul,ghlin En-ineerin ConwanY 400 J.W. McLaughlin Ave. (N.E. 3rd Ave.) Fort Lauderdale, Florida 33301 Ph. (954) 770-3022 Off. (954) 763-7611 - Fx. (954) 763-7615 i,*iv%v.meco400.com mark(&meco400.enm From: Bartholomew, Dan [mailto:dbartholomew(o)broward.org] Sent: Friday, July 06, 2012 1:25 PM To: 'Mark Robbins' Cc: 'Hayne Hollis'; Cookish, Darlene; Vee.Stewart(dDfaa.goy; Mccluskie, James; 'Scott Backman'; 'Barry Kraselsky'; 'Miguel A. Rodriguez FAIA'; 'Lou Campanile' Subject: RE: 2012-ASO-3390-OE - Residence Inn Dania Beach, FL REVISED BCAD DETERMINATION LETTER recd 6-26-12 / 7-6-12 Mark: I'm not sure that Dania Beach has adopted a zoning ordinance provision that meets the requirements of an "Airport Zoning Ordinance" per FDOT. Several relatively recent projects close to the airport, within Dania Beach, have been required to obtain obstruction permits from FDOT. Please contact Mr.Sergey Kireyev with the FDOT Aviation Division for a ruling. He can be reached at: Mr. Sergey Kireyev Aviation Office Florida Department of Transportation 605 Suwannee Street, MS 46 Tallahassee, Florida 32399-0450 850-414-4500 Phone 850-414-4508 Facsimile Se rgey.Ki reyevP dot.state.fl.us Dan Dan Bartholomew,AICP, MBA Manager of Airport Planning Broward County Aviation Department Fort Lauderdale-Hollywood International Airport (FLL) 2200 SW 45th Street, Dania Beach, FL 33312 Office: 954.359.2291; Cell: 954.748.2763 www.fil.net