HomeMy WebLinkAboutR-2012-093 - Approved Request for Variance for Property located at 4801 Anglers Avenue RESOLUTION NO. 2012-093
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE REQUEST FOR A VARIANCE(VA-22-
12) SUBMITTED BY LOU CAMPANILE, JR., P.E., P.L.S., OF MCLAUGHLIN
ENGINEERING COMPANY, REPRESENTING SUNBELT-RDF, LLC, FROM
THE DANIA BEACH LAND DEVELOPMENT CODE, SECTION 205,
ENTITLED, "TABULAR SUMMARY OF SITE DEVELOPMENT" AND
SECTION 220,ENTITLED,"SUPPLEMENTAL BUILDING AND STRUCTURE
HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR)
ROOFTOP REGULATIONS" AND SECTION 275-100 "LANDSCAPE
REQUIREMENTS"FOR PROPERTY LOCATED AT 4801 ANGLERS AVENUE
IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,Part 2,Article 200,of the Dania Beach Land Development Code sets the"Site
Development Regulations"in the City of Dania Beach; and
WHEREAS, Lou Campanile, Jr., P.E., P.L.S., of McLaughlin Engineering Company,
representing Sunbelt-RDF, LLC, is requesting a variance as follows:
1) To allow a four(4)story,sixty-one foot(61')tall building in lieu of the maximum three
(3)stories,forty foot(40')building allowed by the City Code,Chapter 28, Section 205-
10 and 202-10(A), and
2) To allow an interior landscape area abutting a building to have six(6)feet;Code requires
20 feet; Chapter 28, Section 257-100(E).
for property located at 4801 Anglers Avenue in the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That that certain application(VA-22-12)for the design variations described
above from requirements in the Dania Beach Land Development Code,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. 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repealed to the extent of such conflict.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 August 14, 2012.
ATTEST:
CA"-I�Soo "111 pill. --
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
�pttp'S FIgST
APPROVED AS TO FO AND CORRECTNESS:
THOMASI J. S R ,
CITY ATTORNEY
2 RESOLUTION#2012-093
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: August 14, 2012
TO: Robert Baldwin, City Manager --�
VIA: Marc LaFerrier, AICP, Dirgot6r�
FROM: Corinne Lajoie, AICP, LEED Green Associate, Principal Plannerr �
SUBJECT: SP-15-12/SE-21-12/VA-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
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 roe is located in the Westside Master Plan WMP stud area in Sub Area 1; Griffin
property►tY ( ) Y ,
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 Communil. Development
Planning
(9s )
Standard Development Application APR l _16V
i
❑ Administrative Variance a n n n l
❑ Land Use Amendments^ ,
❑ Plat
❑ Rezoning Date Rec`d:
M Site Plan
M Special Exception SP" Petition No.: t
� Variance YA-oU--ARJ Lei~�3-r
M Other: Delegation Requests (SEEAPPUCATIONTYPESCHEDUZEONPAGES3&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$ 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 Telephone1954) 763-7611 Home: Fax: (954) 763-7615
E-mail address: lou@meco400.com
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 _
e• C-2 Vacant Pro osed Use: C-2 Hotel
Existing Us p
Is property owned individually, by a corporation, association, or ajoin".
venture'? Pro;}sr v is Gtrmed by a Florida Hrccitecd iiabi[itV comp-any.
AUT14GRIZED REPRESENTATIVE
i T/we are fully aware of t€ie request being made to the 1 of Dania Beach.if 17we are
1 unable to be present,1/we hereby authorize
1 (individualjfrm) to repmsP.nt mejus in a atters related to € is application. Efwe
hereby acknowledge that the app#icaMd fee was established CD oft admi€sistia
ems area is not refundable. McLaugEdin Engineering Company &
SiegeL Upman. DunEy. Shepard & Etf iskel. LLP
lvvr are fully aware that ail approvals au6mabca€Ey expire within 12 months 6f City
of Dania Beach Planning and Zoning Baard or O y Coinn lssion approval,or pursuant to
the expiration timeframe iEste in Part 6 of the DarAa B-mch land Development Code.
STATE OF A.L BAMA
COUNTY OF ;-OUSTON By:
i he foregoing instrument (Owner f Aft signature*) L'
was acknowledged
BEFORE FIFE THIS C DAY OF Q.RTJ") 20 12
By:
t-�- � �
(Print'name of person acknowledging) mint Omer signature if a"Okake)
"��1a p0fy`'��
Sg air csf PEatary blid—Staff izf :�icDaCt2 � tn�' � ,�.�-�a ,s�s
Personally known or Praduc�Edeee�eE"sc�an �y'�$'pr�iA S C��•��\
,glrl1alltUtltt
Type cf ideriffnmtiean produced; or Drivers L kert=
1 *If joint ownership, both pari� must sign. ff partnersi�ip, corporation 4r
, assodationr as authorized officer must sign an behalf of the group- A notarized
letter of' aLfthorizadon from the owner of record must accompany the
application tf an authorized agent signs for the awner(s).
NO AAPLrCA77.ON WILT BEAt rr0M. 7Tr--tLL YSCH-EVUL ED FOR A . -lErIN6-
ALL APPLFCA rrONS MU575H PETFRAfINED CC#MPLETE BYSTAFF
BFF0pE PRoCE55ING"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.
June 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-2, 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 1ROM, 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
I est 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-2, Community Business,zoning district where it is located,
(3) 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, aid 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
access
dedication alongAnglers Avenue or new turn lane construction together with controlled ace s
9 f � 9
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
Jude 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 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"). 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
P P p Y
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 (4rh) 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 same 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 15. 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 on 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 same 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,
lone 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 on 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.
Jule 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.l.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 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.
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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., I-I.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 (FLL). 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: httpsl/oeaaa.faa.�o�/c�cTt<i�>lxtcrnal/portaLjJ�.
• Following the receipt of a favorable FAA determination, the applicant may also need to obtain "airspace
obstruction permits" from the Florida Department of 'Transportation (F'DOT). 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: ItIIn: /www.dot.state.11.us/aviation/obstivctiuns.shurl.
• The project.ro'ect. will not exceed 71.0' above Mean Sea Level (MSL) based on North American
proposed
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 PDOT, but arc of 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 C 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 for 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 die Airport. Further information regarding the current and potential impacts of airport
operations on the subject property may be 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 if you have questions or require additional information at 954.3592291.
Sincerely,
� U
Daniel P. Bartholomew, AICP, MBA
Manager of Airport Planning
DB/dc
cc: Jamie McCluskie, Director of Planning
Mail Processing Center Aeronautical Study No.
QPFederal Aviation Administration 2012-ASO-3390-OE
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76137 +�
Issued Date: 06/26/2012
Mr. Hayne Hollis _
Sunbelt-RDF, LLC
2733 Ross Clark Circle __ T
Dothan, AL 36301-3214
** 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: 80-10-0 8.14 W
Heights: 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 Constriction 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)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recormnend 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 construction 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 3
NOTE: REQUEST FOR EXTENSIOP F THE EFFECTIVE PERIOD OF TIT '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 frequencies or use of greater power will
void this detem-rination. 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 constriction of the stricture. 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 government 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
Attachrment(s)
Map(s)
Page 2 of-"')
TOT Map for ASN 2012-ASO-3390-OE
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Page 3 of 3
i
I.R
1 i
From: Kireyev.Sergev i
To: Mark Robbins
Subject: RE: 2012-ASO-3390-OE-Residence Inn Dania Beach, FL FDOT Obstruction Permit 7-9-12 7 a
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 [mailto:mark@meco400.com]
Sent: Monday,July 09, 2012 1:03 PM
To: Kireyev, Sergey
Cc: 'Hayne 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
,VcLarwhlnr Engineer-in; Companti
400 J.W. McLaughlin Ave. (N.E. 3rd Ave.)
Fort Lauderdale, Florida 33301
Pb. (954) 770-3022
Off. (954) 763-7611 - Fx. (954) 763-7615
w%viv.meco400.com markla'meco400.corn
From: Bartholomew, Dan [mailto:dbartholome\,vCabbroward.org]
Sent: Friday, July 06, 2012 1:25 PM
To: 'Mark Robbins'
Cc: 'Hayne Hollis'; Cookish, Darlene; Vee.StewarUZfaa,gov; 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
Serize)I.Kireyev(@dot.state.fl.us
Dan
BR)I-N1ARD
Dan Bartholomew,AICP, MBA
Manager of Airport Planning
Broward County Aviation Department
Fort Lauderdale-Hollywood International Airport (FLL)
2200 SW 4Sth Street, Dania Beach, FL 33312
Office: 954.359.2291; Cell: 954.748.2763
www.fll.net