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Home My WebLink AboutR-2015-015 Approves variance requests (VA-12-15, VA-13-15, VA-14-15, VA-15-15, VA-16-15, VA-17-15, VA-18-15, VA-19-15, & VA-20-15) by N&S Properties LLC for property at 48 South Federal Highway RESOLUTION NO. 2015-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING VARIANCE REQUESTS(VA-12-15,VA-13- 15,VA-14-15,VA-15-15,VA-16-15,VA-17-15,VA-18-15,VA-19-15,&VA-20- 15) SUBMITTED BY DAVID R. MILLER AIA OF DAVID MILLER AND ASSOCIATES, P.A., REPRESENTING THE PROPERTY OWNER, N&S PROPERTIES LLC, FOR PROPERTY LOCATED AT 48 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Code of Ordinances Chapter 28 "Land Development Code," Part 6 "Development Review Procedures And Requirements,"Article 625 "Variances," Section 625-40 "Variance Review Criteria"provides that a variance request shall be reviewed based on the criteria identified in Section 625-40(A)(1)-(5); and WHEREAS, Section 625-40(B) provides that a variance request from Article 505, "Sign Regulations" shall be reviewed based on the criteria identified in Section 505-180 "Relief From Requirements, Sign Variances"; and WHEREAS, David R. Miller, AIA of David Miller & Associates, P.A., representing the property owner N&S Properties,LLC(the"Applicant"),is requesting Site Plan approval(SP 99- 14) for the proposed construction of a new 148-room hotel to be located at 48 South Federal Highway, in the City of Dania Beach, Florida, as legally described in Exhibit"A"; and WHEREAS, in relation to and concurrent with the proposed Site Plan(SP 99-14)approval for a new 148-room hotel,the Applicant is requesting a variance from Section 265-30 of the Land Development Code authorizing a waiver of 88 required parking spaces where 140 parking spaces are required(VA-12-15),but which will otherwise be provided in the City's parking garage adjacent to the development site. The developer shall be responsible for obtaining and providing all of the required parking in accordance with the applicable City Codes and agreements at all times; and WHEREAS, the Applicant is requesting a variance from Section 311-20 (E) of the Land Development Code to permit alternative building deviations,which are inconsistent with the existing Code standards (VA-13-15); and WHEREAS, the Applicant is requesting a variance from Section 303-40(L) of the Land Development Code to permit an alternative building frontage type,which is inconsistent with the existing Code standards (VA-14-15); and WHEREAS, the Applicant is requesting a variance from Section 303-40(G) of the Land Development Code to permit parking in the first layer of the building, where parking is not permitted(VA -15-15); and WHEREAS,the Applicant is requesting a variance from Section 303-40 (M)of the Land Development Code to permit less than twenty-five(25)percent of the first layer(active uses)to be located on Federal Highway, where seventy(70)percent is required(VA-16-15); and WHEREAS, the Applicant is requesting a sign variance from Section 505-90(W) of the Land Development Code to permit a sign on the interior(north)building elevation,where currently none are permitted(VA-17-15); and WHEREAS, the Applicant is requesting a variance from Section 265-140(C) of the Land Development Regulations to permit a parking garage with zero(0)feet of clearance between parking spaces and walls,where a minimum of two and a half(2.5)foot separation is required(VA-18-15); and WHEREAS, the Applicant is requesting a variance from Section 307-30(B) of the Land Development Code to permit a dumpster enclosure to be located zero(0)feet from the build-to line, where twenty(20) feet is required (VA-19-15); and WHEREAS,the Applicant is requesting a sign variance from Section 505-210(H)(4)of the Land Development Regulations to permit a marquee sign to be ninety(90)feet on each side,where a maximum of thirty (30) feet is currently permitted(VA-20-15); and WHEREAS, the City's Development Review Committee (DRC), which is composed of staff, reviewed the Variance Requests for compliance with all applicable regulations; and WHEREAS,the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the Land Development Code; and WHEREAS,the City Commission finds that the approval of the proposed Variance Requests (VA-12-15,VA-13-15,VA-14-15,VA-15-15,VA-16-15,VA-17-15,VA-18-15,VA-19-15,&VA- 20-15)will protect the public health,safety,and welfare of the residents of the City,and furthers the purpose, goals, objectives and policies of the Comprehensive Plan; 2 RESOLUTION#2015-015 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. Recitals. The foregoing"WHEREAS"clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Approval of Variance Requests. Pursuant to Chapter 28 "Land Development Regulations,"Part 6"Development Review Procedures And Requirements,"Article 625 "Variances,"Section 625-40"Variance Review Criteria,"the following Variance Requests are approved: VA-12-15 - a variance from Section 265-30 of the Land Development Code authorizing a waiver of 88 required parking spaces; and VA-13-15 - a variance from Section 311-20 (E) of the Land Development Code to permit alternative building deviations; and VA-14-15-a variance from Section 303-40(L)of the Land Development Code to permit an alternative building frontage type; and VA-15-15 - a variance from Section 303-40(G) of the Land Development Code to permit parking in the first layer of the building; and VA-16-15 -a variance from Section 303-40 (M)of the Land Development Code to permit less than twenty-five (25) percent of the first layer (active uses) of the building to be located on Federal Highway; and VA-17-15 - a sign variance from Section 505-90(W) of the Land Development Code to permit a sign on the interior(north)building elevation; and VA-18-15 - a variance from Section 265-140(C) of the Land Development Regulations to permit a parking garage with zero (0) feet of clearance between parking spaces and walls; and VA-19-15 -a variance from Section 307-30(B)of the Land Development Code to permit a dumpster enclosure to be located zero (0) feet from the build-to line; and VA-20-15 - a sign variance from Section 505-210(H)(4) of the Land Development Regulations to permit a marquee sign to be ninety(90) feet on each side. Section 3. Conditions. The approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions,to which the Applicant stipulated at the public hearing: 3 RESOLUTION#2015-015 1. That those certain applications must be reviewed by the Broward County Aviation Department. The contact person is William Castillo,Airport Planner,located at 220 S.W. 45 Street, Suite 101, Dania Beach, Florida, 33312, (954) 359-6100. 2. That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency,or undertakes actions that result in a violation of state or federal law. Section 4. Expiration of Variances. Pursuant to Section 625-50 "Expiration of Variances"of the Land Development Code, all approved Variances shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan(SP-99-14),within eighteen(18) months from the date of this Resolution. Section 5. Conflicts. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. Effective Date. That this Resolution shall be in force and take effect immediately upon its passage and adoption PASSED AND ADOPTED on February 10, 2015. ATTEST: LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK ,y MAYOR APPROVED AS FORM AND CORRECTNESS: 0'r—� 11f\\ THO14AS J. NSBRO CITY ATTORNEY 4 RESOLUTION#2015-015 EXHIBIT A PARCELI LOTS 9 AND 10, LESS STATE ROAD, BLOCK 22, "TOWN OF MODELO", NOW DANIA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 49, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. PARCEL II LOTS 11, 12, 13, 14, 15 AND 16, LESS STATE ROAD OF LOTS 12, 13 AND 16, BLOCK 22, "TOWN OF MODELO", NOW DANIA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 49, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,SAID LANDS SITUATE,LYING AND BEING IN BROWARD COUNTY, FLORIDA. 5 RESOLUTION#2015-015