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HomeMy WebLinkAboutR-2013-112 Approved Site Plan Request & Variance by Scott Backman on Behalf of Joan Leto for Property at SW 19 Court for proposed construction of a 6 story 130 room hotel RESOLUTION NO. 2013-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST(SP-31-13)AND VARIANCE(VA-44-13)SUBMITTED BY SCOTT BACKMAN,ESQUIRE,WITH DUNAY, MISKEL, BACKMAN & BLATTNER, LLP, ON BEHALF OF JOAN LETO OF THE JOAN LETO REVOCABLE LIVING TRUST FOR PROPERTY LOCATED ON SW 19TH COURT IN THE CITY OF DANIA BEACH,FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Chapter 28, Section 635 of the Dania Beach Land Development Code,Part 6, entitled "Development Review Procedures and Requirements", states that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, Scott Backman, Esquire with Dunay, Miskel, Backman & Blattner, LLP, representing Joan Leto of the Joan Leto Revocable Living Trust,is requesting site plan approval for the proposed construction of a six (6) story, 130 room hotel to be located on SW 19d' Court in the City of Dania Beach; and WHEREAS,Chapter 28, Section 625 of the Dania Beach Land Development Code,Part 6, entitled"Variances", states that variances may be approved by the City Commission at the time of site plan approval; and WHEREAS, Scott Backman, Esquire, representing Joan Leto of the Joan Leto Revocable Living Trust,is requesting a variance to allow an additional wall sign on the south building elevation which has no street frontage, and City Code permits one wall sign per building frontage, per Section505-120(0); and WHEREAS,the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the Dania Beach Land Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That those certain applications(SP-31-13)for site plan approval and(VA-44- 13)for variance approval,copies of which are attached as composite Exhibit"A",which are made a part of and incorporated into this Resolution by this reference, are approved with the following conditions: 1. The Applicant must provide latest revised set of plans on disk prior to proceeding to PP P P P P g public hearing (Community Development). 2. A new fire flow test is required. The original flow test only included one hydrant flowing. The required flow for the building will probably require up to four or more hydrants to achieve the amount of water needed for the building(Fire Marshal). 3. The Applicant must provide a drawing file disk (dwg or dgn) of the approved site plan in Florida State Plane Coordinate(NAD83). This should be addressed as part of the final submittal (Public Services). 4. The Applicant must meet the conditions identified by the Broward County Aviation Department in its letter dated July 3,2012,which includes approval from the Federal Aviation Administration ("FAA") and the Florida Department of Transportation ("FDOT") for an air space obstruction permit. It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 635 of the Dania Beach Land Development Code, all site plan approvals shall automatically expire and become null and void unless the applicant files a complete building permit application with construction drawings for all improvements shown on the site plan,within eighteen(18)months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION#2013-112 Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED September 24, 2013. ATTEST: LOUISE STILSON, CMC W R B. DUKE, III CITY CLERK MAYOR �aao`s Flq�� APPROVED AS T FO AND CORRECTNESS: 1 � t THOMAS 9BItb CITY ATTORNEY 3 RESOLUTION#2013-112 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 24, 2013 TO: Robert Baldwin, City Manager VIA: Marc LaFerrier,AICP, Direct /d" FROM: Corinne Lajoie, AICP, Principal Planner, LEED GAp SUBJECT: SP-31-13NA-44-13: The applicant, Scott Backman, Esq. with Dunay, Miskel, Backman & Blattner, LLP., on behalf of the property owner Joan Leto, Trust of Joan Leto Revocable Living Trust, is requesting to site plan and variance approval for the construction of a hotel on property located at SW 19 Court. REQUEST SITE PLAN To approve a site plan for the construction of a 6-story, 130-room room hotel. VARIANCE To allow a wall sign on the south building elevation with no street frontage, for a total of two (2) wall signs; code permits wall signs only on street frontages [Sec. 505- 120(0)]. PROPERTY INFORMATION EXISTING ZONING: Industrial, Research, Office, Commercial (IROC) LAND USE DESIGNATION: Industrial A site plan, and associated variance and flex allocation, was approved October 14, 2008 for Townplace Suites Hotel on this property. Those approvals were last extended by the City Commission on February 14, 2012 for one year, expiring on December 14, 2013. The property is in the process of being sold and the applicant is proposing construction of a Home 2 Suites hotel on this property. While the site plan is new, the City Attorney's Office has determined that the previously approved and extended height variance and flex allocation can be utilized for the new site plan. SIGN VARIANCE The applicant is requesting two (2) wall signs, one on the east elevation facing SW 19 Court (visible from Interstate 95) and another on the south elevation facing the adjoining property (visible from Stirling Road). The Code permits one wall sign per street frontage. In this case only one (1)wall sign is permitted on the east building elevation. The proposed wall sign is within the allowable sign area permitted. The code requires individual channel letters with raceways installed behind the wall and a cabinet with push through letters and number so that only the letters and number are illuminated, giving the effect of individual channel letters. Section 505-180 allows relief from the code requirements through the variance process based on the criteria identified below. (1)The variance request is in harmony with the general intent and purpose of this article, and s_not_coot ary to the public interest_ especially with reaard_to the aesthetic impact gpJbe surrounding area. The surrounding area is comprised of hotel properties and industrial property. The sign request is in the public interest as it assists patrons of the hotel in navigating to the site. The property does not front on Interstate 95 nor does it front on Stirling Road. This makes it difficult to locate the site. The proposed signage will assist in this effort. (2)The variance is necessary in order for the sign to achieve the level of visibility and effectiveness typical for conforming signs within the same zoning district in the city and intended by this article. The code allows signage on street frontages because it envisions the majority of the traffic to the site will be from the street on which the property fronts. In this case, SW 19 Court is a small side street off of Stirling Road. Visibility from Stirling Road is of great importance as the people traveling to the hotel will be visitors from out of town who are unfamiliar with the area. Signage will help these visitors find the site. (3)The impaired visibility or effectiveness of the signage allowed in this article would result in unnecessary or undue hardship. As noted above, the property does not have direct frontage on Stirling Road and is therefore restricted in the placement of tis signage in areas that do not provide adequate visibility for patrons on the project. (4)The hardship is not a result of the applicant's actions, financial hardship, or any inconvenience of complying with the code, but are a result of: (a)Conditions that are unique to the land, building, site configuration; or (b)Conditions that are unique to the configuration of the site in relation to adjacent sites or features; or (c)Other unique conditions that are not self-created by the applicant. The hardship is not the result of the applicant's action, but rather the location of the property. (5)The request is the minimum necessary deviation from the requirements of this article to provide for reasonable and adequate sign visibility and effectiveness, with due consideration for the aesthetic of the sign and its scale relative to that of buildings and signs on the same and adjacent properties. Due to the site and visibility constraints set forth above, the applicant is requesting an additional wall sign on the south fagade of the building that will comply with all size, placement and aesthetic. SITE PLAN The proposed 6-story hotel meets code requirements for parking, landscaping and pervious area. The site plan modification was reviewed by the Fire Marshal, Public Services, the City's landscape consultant and the Planning Division as well as Broward County Aviation Department. The following outstanding comments remain, which are identified below: 1. Staff has requested photos of existing hotels that match the building elevations proposed, none has been provided. Staff has also requested detailed building elevation identifying proposed colors and building materials. Development). 2. Must provide latest revised set of plans on disk prior to going to public meeting (Community Development). 3. A new fire flow test is required. The original flow test only included one hydrant flowing. The required flow for the building will probably require up to four or more hydrants to achieve the amount of water needed for the building. (Fire Marshal). 4. Provide drawing file (dwg or dgn) disk of the approved site plan in Florida State Plane Coordinate (NAD83). This should be addressed as part of the final submittal (Public Services). 5. Must meet the conditions identified by Broward County Aviation Department in their letter dated July 3, 2013, which includes approval from FAA and FDOT for an air space obstruction permit. CITY COMMISSION PREVIOUS ACTION On October 14, 2008 the City Commission approved the site plan (Reso. No. 2008-190) variance (Reso. No. 2008-189) and flex allocation (Reso. No 2008-188) for the construction of a 130-room Townplace Suites hotel. On February 14, 2012 the City Commission approved the last extension of the site plan, variance and flex allocation until December 14, 2013. STAFF RECOMMENDATION SITE PLAN Approve, provided the applicant address all of staff comments prior to issuance of the building permit. VARIANCE Approve, provided the wall signs comply with the following: 1. The raceways for channel letters to be installed behind the wall; and 2. The cabinets provide push through letters and number so that only the letters and number are illuminated, giving the effect of individual channel letters. TP)I llrfii�li::a�i �� ti 1UN j 3 2013 City of Dania Beach, Florida Department of Community Development Planning Planning and Zoning Division (954)924-6805 X3643 Department (954)922-2687 Fax Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Reed: ® Site Plan ❑ Special Exception Petition No.: �11 ® Variance Q Other: Flex Acreage (sEEAPPIMMON TYPE SCHEDULE ONPAOES3D4) 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: SW 19 Court, Dania Beach, Florida 33004 Lot(s): Block: Subdivision: Recorded Plat Name: Leto Park Folio Number(s): 5042 33 37 0011 Legal Description: See Exhibit"A" Applicant/Consultant/Legal Representative(circle one)Scott Backman, Esq.- Dunay, Miskel. Backman and Blattner, LLP Address of Applicant: 5355 Town Center Road, Suite 801 Boca Raton, FL 33486 Business Telephone: 561-391-4900 Home: Fax: 561-W-9974 E-mail address: sbackman admbblaw.com 0 Name of Property Owner: Joan Leto. Trustee of the Joan Leto Revocable Living Trust dated March 28, 1994 Address of Property Owner: c/o Stephen J. Straley, Esci.- Straley&Otto, P.A. 2699 Stirling Road, Ste. C-207 Ft. Lauderdale, FL 33312 Business Telephone:954-962-7367 Home: Fax: 954-962-7423 Explanation of Request. Site Plan,Variance and Flex Acreage Request, Please see attached Exhibit"B"For Plats please provide proposed Plat Name for Variances please attach Criteria .SYatement as per Section 625.40 of the Land Development Code. Prop. Net Acreage: 2.34 Gross Acreage: 9 34 Prop. Square Footage: 86,508 Existing Use: vacant lot Proposed Use: Home2 Suites by HILTON 1 of 4 Is property owned individually, by a corporation, association, or a ,point venture? Revocable Living Trust AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are an (individual/firm) to represent me/us in all matters related to this application. I/we Blattner, hereby acknowledge that the applicable fee was established to offset administrative LLP costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval,or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code, STATE OF FLORIDA COUNTY OF BROWARD By. The foregoing instrument (Ow r/ Agent signature*) was acknowledged Joan Leto, Trustee of the Joan Leto Revocable Living Trust dated March 28, 1994 BEFORE ME THIS DAY OF June . 2QJ3_ By: Joan Leto,Trustee of the Joan Leto Revocable Living Trust dated March 28.MW (Print name of person acknowledging) (Joint owner signature if applicable Q ....M q�50,?k Notary ch (Signs re of Notary Pub is to of Florida ) =* s 05. rrEor� o� Personally known or Produced Identification A. Type of identification V11"i i�S A�� produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICATION WILL BEAUTOMATICALL YSCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2of4 [Insert Letterhead] Statement of Interest in Property and Authorization to File Petitions � nictPP nfth roa n ra i PtnJb1P T.1V1na-1�n�StP.i March 7U�Qd�rPtti_ ec_Chit= __ -- is the Owner of the subject property and authorizes DUNAY, MISKEL, BACKMAN AND BLATTNEF, LLP, as agent to submit and process any and all development applications to the City of Dania Beach and represent Owner at any public hearings necessary for the approval and development of the proposed Home2 Suites by HILTON within the City of Dania Beach. OA Print Name Si ature 3 ,vr::> Sir eLL1 R� Address (-(-.(1'J -.[ , fit~. 3 � o Zl City/State/Zip Cg51 ) q3 `1 -`ISLv Phone State of Ir d County of _ The foregoing instrument was acknowledged before me this day of 2013, by 6 L an individual,who is_1/personally known to me or who has produced as identification and who did take an oath. NOTARY PUBLIC: ��»luwlip�� Sign M.R ppre 40, r` &pi WON41 o,o Print: l *�� My Commission Expires: 310 y/�S .ogg ( IIS111���� Exhibit "A" [Legal Description of Property] EXHIBIT"A" Legal Description The South Y2 of the following described parcel: All that portion of Tract"A"of Leto Park,according to the plat thereof recorded in Plat Book 118, Page 39,of the Public Records of Broward County, Florida; LESS the South 278.86 feet, as shown on said plat,and that portion conveyed for road purposes, recorded in Official Records Book 23810,Page 242. Exhibit "B" [Site Plan,Variance and Flex Acreage Request] UUNAY Gary S. nay M'S KE L Bonnie MiskkeL el Scott Backman BACKMAN David K.Blattner BLATTN ER r.t.P Alison Meyer Home2 Suites By Hilton SW 19a'Court Narrative CN Hotels, Inc. ("Petitioner") is the contract purchaser for the property generally located west of Interstate 95 at the northwest corner of Stirling Road and SW 191h Court("Property")in the City of Dania Beach ("City"). The Property is zoned Industrial, Research, Office & Commercial ("IROC") and the underlying Land Use is Industrial, which permits a variety of uses, including hotels, designed to support the commercial needs of the resident and tourist populations of Dania Beach. Petitioner proposes to develop the vacant 2.34 acre Property with a 130 unit, ±86,508 square foot Home2 Suites By Hilton ("Project").Petitioner is submitting the following development applications to the City for the Project:(1). Site Plan,(2)allocation of Industrial CN Hotels, Inc.to commercial flex and (3)Variance. The proposed Project is permitted within the schedule of permitted uses set forth within Section 115-40 of the City Code subject to the conditions of use numbered 6 and 72,which are found in Section 115-50. Pursuant to Section 115-50(6),the conditions of use for the project are "subject to the provisions of the Future Land Use Element of the Comprehensive Plan pertaining to commercial uses in the Industrial and Employment Center future land use categories."The Project is compliant with this provision because the future land use plan permits hotels in Industrial use areas. Additionally, the Project is compliant with Section 115-50(72),which requires the following:(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, and (3)A minimum of 100 rooms are required and the Project proposes 130 rooms. With its close proximity to the International Airport, Port Everglades and Interstate 95,the Property is in an ideal location for the proposed Project. The Property is surrounded by a Best Western Plus to the east and a Cambria Suites to the north,as well as a new Comfort Suites Hotel that was recently approved on the parcel to the south. The upscale nature of the hotel,in conjunction with the ideal location,will attract business travelers and tourists to the City.The proposed Project will also provide additional employment for residents of the community and will create a beautiful destination that is safe,enjoyable,vibrant,and family friendly. Restaurants and retail establishments in the surrounding area will also see increased patronage from the hotel guests. 5355 Town Center Road,Suite 801, Boca Raton,FL 33486 TO.(561)391-4900 Fax.(561)368-9274 www.dmbbiaw.com i rn.. m Zh77 CC m z � i - S i i ,I �D rn� v _-- e, - a • m rn T h n o i � f 3z It-A F.--i 117-1 FF E j�Kf I i f r c�n T o cm } S cm O m Z K N t A �m m A St1 I m E � o E aa1 h7I A=m ZO I I z 0 � IEI FL m a f C ► � o ; � E I c rn ` ki i t 1 i i N H -0O -0 Z -am mn OD 0 0- o =D�:� w m m 3 m m m 3D Op -C m ( p n _ " m pl m I i i v ' t N v rn rn_: i m s r my � � Z 1 r �n m m m rn=;o OO cp'1 C O G1 �i Z O Z rn D N n m n Z t � NU � 'i �•' G I.# �: t t Eia Q \\ � 916 {� 1• a 9�1 Lo I I I I 1 I I I I I I u f c C I I I I I I I i� I I I I B9 O �ii 0 I L7--i I e i I r I l �r I I I I� 4a I R A I I IE---J E m I I I - I I IrD [Z g a p m ml Om I I I I I I I I I I � I I I I I I i• I I I (TIT d I U 1 • �� o � ; %�� � oP �� I= a RI nna 111a DANIA BEACH MANAGEMENT, INC r, ww a STURT Liam 6u0Dwo 3;a1,;:17; E€ 7,a JAMES E. GILGENBAGMlab A AHOME2 SUITES BY HILTON 4e'"¢_@^°•lac=i�iiet` ABGXITEGTYBE fl PLANNING(� SUITE 107 NEWORT COYYERCE CENTERsII $RRl1NL ROAD k SW 19TN COIART, 1RACT A,U:TO RAT I =91§II - } /�IIII 1NPORC II171" Ill OAl11A REAOI. RRON'AIN LOVN7Y, RORIDA JI 'Itl$a'1,-.e!�. �� /Ill (95.)A76— . FLORIDADA 73N2 Jfl izATas lxmAli p <Eo' l Q ^4RI ) E8� 6F FF 2$ $€.-oSgRN A, 2 •� A y Lii E A �AV Ni CA +:F_Fr � �1•@� Aeea Np; y �StE.ENC c 53I .6r; > o ��" q" €$Snx� 7 "Nun.` xx gR $4 �] �: Z a i5'=� �gi° as �E G 4 9• (.L�. �x A)9�5544&d A= C � - :^_^R$� 9 YQ{�_ .7 E � -:�a�� AN 'pn N1 JA -� AC7P a 6 vv - v•e s $ a i £ y ev n, 1 S_2_9iix ll i L• AIOOOADD'E. 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SEACN, SADAARD CONTY, RORIOA v EY ;I !! d (.54)426-1652 ROWA 33442 - City of Dania Beach, Florida AUG 2 8 2013 Department of Community Development Planning and Zoning Division Planning (954)924-6805 X3643 Department (954)922-2687 Fax Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.:1 r R Variance ❑ Other: (SEEAPPUCATIONME SCHEME ON PAGES 3&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: SW 19 Court, Dania Beach, Florida 33004 Lot(s): Block: Subdivision: Recorded Plat Name: Leto Park Folio Number(s): 5042 33 37 0011 Legal Description: Please see attached Exhibit"A" Applicant/Consultan gal Representative circle one)Scott Backman, Esq.-Dunay, Miskel, Backman&Blattner, LLP Address of Applicant: 14 SE 4th Street, Suite 36, Boca Raton,FL 33432 Business Telephone: 561405-3325 Home: Fax: 561-409-2341 E-mail address: sbackman@dmbblaw.com Name of Property Owner: Joan Leto, Trustee of the Joan Leto Revocable Living Trust dated March 28, 1994 c/o Stephen J. Straley,Esq. -Straley&Otto, P.A.2699 Stirling Road, Ste.C-207, Address of Property Owner:Fort Lauderdale. FL 33312 Business Telephone:454-46 -7367 Home: Fax: Explanation of Request: Please see attached Exhibit"B"for Variance Request explanation 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: 234 Gross Acreage: 2.34 Prop. Square Footage: 86,508 Existing Use: vacant lot Proposed Use: Hama Suites by HILTON 1 of 4 Is property owned individu...iy, by a corporation, assoL_,tion, or a joint venture? AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (f`ndiviidual/frrm)-tom r res� tus in all—m s_related--tv th s licetion.I -- hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commi approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania nd Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument ( er0/ gent nature*) was acknowledged BEFORE ME THIS DAY OF 1`1 20J-3— By: (Print name of person acknowl ging) (Joint owner signature if applicable) ` s t�,pv p•e Nota :. ..%, KATHLEEN J BRIGNOLA (Signature MY COMMISSION#FF029740 of Nota P I —S to Of I ) A; EXPIRES July 5,2017 (4lA)398-0153 FbridalloterySarvko.com Personally known, or Produced Identification Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICA TION WILL BE AUTOMA TICALL Y SCHEDULED FORA MEETING, ALL APPLICA TIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2 of 4 [Insert Letterhead.] Statement of Interest in Property and Authorizatign_to File Petitions Joan Leto,Trustee of the Joan Leto Revocable Living Trust dated March 28, 1994 certifies that it is the Owner of the subject property and authorizes DUNAY, MISKEL, BACKMAN AND BLATTNER, LLP, as agent to submit and process any and all development applications to the City of Dania Beach and represent Owner at any public hearings necessary for the approval and development of the proposed Home2 Suites by HILTON within the City of Dania Beach. �J pA v Li.k f --rAv T�L� Print Name �AU4, ,�l tUre Address City/State/Zip CA Sy ) Phone State of Ir uW County of The foregoing instrument was acknowledged before me this day of 2013, by Le an individual,who is_.pY ersonally(mown me or who has produced as identification and who did take an oath. NOTARY P LM.80A IC: . R.S. Sign �l • y�� • a••� �a Print:0y1 cCctf1,C li? 9121 j .ors �T My Commission Expires: Pdhpe C� Exhibit "A" [Legal Description of Property] EXHIBIT"A„ Legal Description The South%of the following described parcel: All that portion of Tract W of Leto Park,according to the plat thereof recorded in Plat Book 118,Page 39,of the Public Records of Broward County, Florida; LESS the South 278.86 feet,as shown on said plat,and that portion conveyed for road purposes, recorded in Official Records Book 23810,Page 242. I I I f I i 1 I I Exhibit "B" [Explanation of Request] Home2 Suites by HILTON SW 191h Court Wall Sign Variance Justification Statement CN Hotels("Petitioner")is the contract purchaser for property located on the west side of SW 191h Court,- approximately 300 feet north of Stirling Road("Property")in the City of Dania Beach("City"). The Property is zoned Industrial, Research, Office & Commercial ("IROC") and the underlying Land Use is Industrial. Petitioner proposes to develop the vacant 2.34 acre Property with a 130 unit, +/- 86,508 square foot Home2 Suites by HILTON ("Project"). Section 505-120(0) permits one wall identification sign per building frontage. Petitioner is therefore permitted only one wall sign on the East elevation as the Property only has frontage on SW 191h Court ("Variance"). In order to provide the necessary visibility from Stirling Road and 1-95 for the Project, Petitioner requests a variance from the City code as follows: Variance from City Code Section 505-120(0)to allow wall sign on the South elevation("Variance") In support of the proposed Variance,Petitioner will demonstrate that:(1)the Variance is in harmony with the general intent and purpose of this article,and is not contrary to the public interest, especially with regard to the aesthetic impact on the surrounding area;(2)the Variance is necessary in order for the sign to achieve the level of visibility and effectiveness typical for conforming signs within the same zoning district in the city and intended by this article; (3)the impaired visibility or effectiveness of the signage allowed in this article would result in unnecessary or undue hardship;and(4)the hardship is not a result of the Petitioner's actions,financial hardship,or any inconvenience of complying with the code, but are a result of:(a)conditions that are unique to the land,building,site configuration;or(b)conditions that are unique to the configuration of the site in relation to adjacent sites or features; or (c) other unique conditions that are not self-created by the Petitioner;(5)the request is the minimum necessary deviation from the requirements of this article to provide for reasonable and adequate sign visibility and effectiveness,with due consideration for the aesthetic of the sign and its scale relative to that of buildings and signs on the same and adjacent properties. (1) The Variance is in harmony with the general intent and purpose of this article,and is not contrary to the public interest,especially with regard to the aesthetic impact on the surrounding area. The Variance is in harmony with the general intent and purpose of Article 505 and is not contrary to the public interest, especially with regard to the aesthetic impact on the surrounding area. The purpose of this article is, in part, to coordinate the type, placement and scale of signs within a zoning district, to facilitate communications and to allow for special circumstances. In addition, the general intent of signage is to identify business to the public at large. The Variance aligns with other hotels in the City, however,the literal interpretation of the code would deprive Petitioner of rights commonly enjoyed by other properties and hotels in the same zoning district. Because the Property is not immediately adjacent to 1-95 or Stirling Road, existing and potential customers will have a difficult time locating the Property. The code permits only one east facing wall sign and one monument sign on the SW 19th Court frontage. As a result,the Project has no identification on Stirling Road and very limited visibility for travelers on I- 95 seeking the Stirling Road exit for the Project. Petitioner is simply requesting the Variance in order to provide greater visibility for the hotel considering the location of the Property in relation to 1-95 and Stirling-Road thatwould not be necessary if the Property had frontage on Stirling Road. --- (2) The Variance is necessary in order for the sign to achieve the level of visibility and effectiveness typical for conforming signs within the same zoning district in the city and intended by this article. Granting the Variance is necessary in order for the sign to achieve the level of visibility and effectiveness typical for conforming signs within the IROC zoning district. Indeed, the proposed hotel is permitted to place signage on the east side adjacent to S.W.19'h Court,however,the only traffic using this street would be the patrons of the Project as well as the other hotel uses to the north and south. Because the Property is not immediately adjacent to 1-95 or Stirling Road like many other hotels in the City, Petitioner is requesting this variance in order to provide greater visibility typical for conforming signs within the same IROC zoning district in the City. (3) The impaired visibility or effectiveness of the signage allowed in this article would result in unnecessary or undue hardship. The impaired visibility or effectiveness of the signage allowed in this article would result in unnecessary or undue hardship to Petitioner and Project. As noted above,the Property does not have direct frontage on Stirling Road and is therefore restricted in the placement of its signage in areas that do not provide adequate visibility for patrons of the Project. The vast majority of patrons staying at the hotel are projected as business travelers and tourists visiting South Florida, most of whom will be unfamiliar with South Florida geography and travelling to the Property by way of 1-95. In order for the proposed hotel to operate effectively, potential patrons must know where the hotel is located. Additionally,the Property's visibility is impaired by the recently constructed Best Western hotel and soon to be constructed Comfort Suites hotel. As a result, the code permitted signage does not afford Petitioner or the Property the visibility intended by the City's sign regulations. (4) The hardship is not a result of Petitioner's actions, financial hardship, or any inconvenience of complying with the code, but is a result of: (a) conditions that are unique to the land, building, site configuration;or(b)conditions that are unique to the configuration of the site in relation to adjacent sites or features;or(c)other unique conditions that are not self-created by the applicant. The hardship noted above does not result from actions by the Petitioner. In particular,the lack of visibility associated with the Property is the result of urban sprawl impacting South Florida,which has resulted in several developed properties located between 1-95 and the Property. Petitioner is proposing to develop a property that does not front directly on Stirling Road and has impaired visibility from both Stirling Road and 1-95 due to the Best Western hotel that was recently constructed and soon to be constructed Comfort Suites hotel. Therefore the signage is needed to direct patrons to the Project. (5) The request is the minimum necessary deviation from the requirements of this article to provide for reasonable and adequate sign visibility and effectiveness, with due consideration for the aesthetic of the sign and its scale relative to that of buildings and signs on the same and adjacent properties. The Variance is the minimum necessary deviation from the requirements of this article to provide for reasonable and adequate sign visibility and effectiveness,with due consideration for the aesthetic of the sign and its scale relative to that of buildings and signs on the same and adjacent properties. Due to the site and visibility constraints set forth above, Petitioner is simply requesting an additional wall sign on the south facade of the Project that will comply with all size, placement and aesthetic requests. As such,the Variance is the minimum necessary deviation from the code's requirements. 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Stott Backman, Esq with Dimay. Miskel, Backman&Blattner.LLP. On behalf of the property owner Joan Leto trust of loan LBrO Revo- cable riving Trust.is requeSting to site plan and Vartance approval for the construction of a lintel on property Wcdted at S:4 19 Court A RESOLUTION OF THE CITY COM- MISSiON OF TIE CITY OF DANIA BEACH FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-31-13) AND VARIANCE IVA-44.13)SUBMIT- TFD BY SCOTI BACKMAN,rSQIIIRF WITH OUNAY,MiSKEL,BACKMAN Ii BLATTNER. LLP, ON BEHALF OF LOAN LETO OF THE LOAN LETO RE- VOCABLE LIVING TRUST FOR PROP- ERTY LOCATED ON SW 19TH COURT IN THE CITY OF DANIA BEACH, FLURIDA; PROVIDING FOR CON. FLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Legally described:The South of the following described parcel All that portion of Tract "A' Of Leto Park.accOrduig 10 Thu plat thereof recorded in Plat Book 118.Page 39 of the Puobc Records of Bro vard, rlorida Less the South 278 86 feet as shown do said plat, and that por- tion conveyed for road purposes. recorded in the Official Records Book 2 38 10.Page 242 Copies of the proposed requests are available for viewing in the Community Development Depart- ment. 100 West Dania Beach Boulevard, Dania Beach, Florida. and may be inspected by the public during norms:business hours.For more information please call the Planning Division at(954)924.6805 x3643 in arcdrdance •with the Ameri- cans With Disabilities Act•persons needing assistance to participate in any of these proceedings snould contact the City Clerk's office 100 w.Dana Beach Blvd.Dania Beacn, FL 33004,(954)92.1.6900 x3623,at least 48 hours prior to the meet- ing. Please be advised that it a per- son decides to appeal any decision made by Local Planning Agency the Planning and Zoning Board or the City Commission with respect to any matte( considereu at this hearing, such person will need a verbatim record of the proceed- ings and for this purpose such per- son may need to ensure that a ver- batim record of the proceedings;s - made. whiCn record includes the lebhnlunv and evidence upon whii:b tr,e S t: ba5et! Tlse •y daei n:1r pri;wde Or prepare acr, reO:rd gars-.,aw t0 f s u5 CJnl n.umly Develr_.pment Deparh Met,! Planning Division September 13.2013 SUN SENTINEL PROOF Customer: CITY OF DANIA(PARENT) Contact: DONNA H. KIREY Phone: 95G9218700 Ad Number: 14176287 Insert Dates: 09,1312013 Section: CL Class: 720; 11720 PUBLIC HEARING NOTICES Size: 1 x 97.00 Printed By: CH31 Date: 09/11/2013 Price: 229.95 Signature of Approval: ___ Date:._,