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HomeMy WebLinkAboutR-2015-076 - Approved Site Plan Modification and Variances for 401 East Sheridan Street RESOLUTION NO. 2015-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION (SP-18- 89MOD2) AND VARIANCES (VA-053-15NA-073-15) SUBMITTED BY CHRISTOPHER HOLLEN, P.E. WITH KIMLEY-HORN, ON BEHALF OF THE PROPERTY OWNER, DDRM SHERIDAN SQUARE, LLC, FOR PROPERTY LOCATED AT 401 EAST SHERIDAN STREET IN THE CITY OF DANIA BEACH,FLORIDA,AS LEGALLY DESCRIBED IN EXHIBIT"A"ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Chapter 28 of the Code of Ordinances of the City of Dania Beach(the Code"), which chapter contains the City Land Development Code (the "LDC"), pursuant to Part 6, "Development Review Procedures and Requirements",Section 635,states that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS,Chapter 28,Part 6,Article 625 of the LDC states that a variance approval may be granted by the City Commission at the time of site plan approval; and WHEREAS,Christopher Hollen,P.E.with Kimley-Horn,representing the property owner, DDRM Sheridan Square,LLC(the"Applicant")has applied to the City of Dania Beach(the"City"), for site plan modification approval(SP-18-89MOD2)and variance approvals(VA-053-15NA-073- 15), for property legally described in attached Exhibit "A", which is made a part of and is incorporated into this Resolution by this reference; and WHEREAS,previously a minor site plan modification was administratively approved on April 8, 2015, which included interior and exterior alterations necessary to accommodate the proposed Walmart Neighborhood Market; and WHEREAS,additional site modifications have been identified by the Applicant,which are necessary to accommodate a drive through pharmacy,as well as site modifications to enlarge a pond for increased property drainage, shifting an existing dumpster location for easier access and providing for a third required loading space; and WHEREAS, the Applicant is requesting variance approval to waive the drive through distance separation of five hundred feet(500')measured from the driveways of any two(2)sites on the same side of the designated arterial road per the Code in Section 110-190 (A)(9) to provide a distance of approximately four hundred feet(400')between driveways; and WHEREAS,the Applicant is requesting variance approval to permit two(2)wall signs to be located along the street frontage which total approximately two-hundred and thirty(230) sq. ft. on Sheridan Street; the Code in Section 505.110 only provides for one (1) sign per building frontage with a maximum square footage of approximately one-hundred eleven(111) square feet; and WHEREAS,on May 22, 2015, the City's Development Review Committee (the"DRC"), which include representatives from the Broward Sheriff's Office Fire, Public Services, the City's landscape consultant and the Planning Division staff, reviewed the site plan modification and variances for compliance with all applicable regulations; and WHEREAS,staff recommends approval of the site plan modification,drive through variance and signage variance for the Walmart Neighborhood Market; and WHEREAS,the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the City's LDC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing"WHEREAS"clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Resolution. Section 2. That those certain applications for a site plan modification (SP-1 8-89MOD2) and variances(VA-053-15NA-073-15),copies of which are attached as composite Exhibit`B"and Exhibit"C", which are made a part of and incorporated into this Resolution by this reference, are approved. Section 3. That based upon the criteria set forth in the City's Land Development Code Section 625 for variances,and Section 635 for site plans,the site plan modification approval(SP-18- 89MOD2)and variance approvals(VA-053-15NA-073-15)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 4. 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 2 RESOLUTION#2015-076 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 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED July 28, 2015. ATTEST: RD S'��Rr CA A LOUISE STILSON, CMC SALVINO, SR. CITY CLERK 1 AYOR 10 APPROVED AS O FO AND CORRECTNESS: THOMAS J. ANSBRO CITY ATT RNEY 3 RESOLUTION#2015-076 EXHIBIT"A" Sheridan Square Legal Description Legal Description of Shopping Center Land TRACT A SANDPIPER BAY COMMERCIAL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 117, PAGE 2, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THAT PORTION DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT A; THENCE ON AN ASSUMED BEARING OF 88 DEGREES 37 MINUTES 24 SECONDS EAST ALONG THE SOUTH BOUNDARY OF SAID TRACT A,A DISTANCE OF 418.36 FEET TO THE POINT OF BEGINNING; THENCE: NORTH 01 DEGREES 37 MINUTES 09 SECONDS WEST A DISTANCE OF 265.00 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 24 SECONDS EAST A DISTANCE OF 200.00 FEET TO THE INTERSECTION WITH THE SAID EASTERLY BOUNDARY OF TRACT A,THENCE SOUTH 01 DEGREES 37 MINUTES 09 SECONDS EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 229.85 FEET TO AN ANGLE POINT ON THE BOUNDARY OF TRACT A, THENCE SOUTH 43 DEGREES 30 MINUTES 07.5 SECONDS WEST AND ALONG SAID BOUNDARY A DISTANCE OF 49.60 FEET TO THE SOUTH BOUNDARY OF TRACT A; THENCE SOUTH 88 DEGREES 37 MINUTES 24 SECONDS WEST ALONG SAID SOUTH BOUNDARY A DISTANCE OF 164.85 FEET TO THE POINT OF BEGINNING. ALSO DESCRIBED AS TRACT A OF SANDPIPER BAY COMMERCIAL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 117, PAGE2, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THAT PORTION DESCRIBED AS TRANSFLORIDAS BANK OFFICE BUILDING, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 13221, PAGE 342, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 4 RESOLUTION#2015-076 EXHIBIT`B" ALTA/ACSM LAND TITLE SURVEY 1 v < �I _ 4 S :1 js f .. • w ' L _ I I � --- _ PARCEL, ik v _. sas. AVM dASSOCUFM ML -' - KTAmCw WNiT13 TiU1VlM �� oa�mtia�nw,•.� , _ �� •wknodarir-l.k $ RESOLUTION#2015-076 5 E,14TH STREET - �_ tN 70 «orworo 8] 1�1 =�-�_,s •sw,w. t ,ry ._ATM 52 •�y i eL — -. -- m —o�--.�-- - LJ�1 "'1 1 -ti7F olE4 m :3-7-- _ SHEFUDAN STREET SIGNALFEE '-• �� .�.. 'sas #�S2 3S �I 7PL� -r 1 CPO Erma /1 SIGNAGE U�i'r-�a uf� GE ® DI - 0 m I I•• � W�v • - mil" F M 1 PCPAP'r SIGN ATTACHMENT AT EIFS PROPOSED FINISHES ERSPECTIVE AT RX DRIVE-THRU -01 METAL SND WALL 6 RESOLUTION#2015-076 • r j i City of Dania Beach,Florida Department of Community Development Planning and zoning Division i t (954)924-6805 X3643 S 954 922-2687 Fax ! m Standard Development Application i ❑ Administrative Variance. ❑ Land Use Amendment i I €t 2015 ❑ Plat ' u ❑ Date Reed Rezoning ,m;t;V, x e gg i . pr'' �,• a»i L u .n,) i1 t ,d She Plan ❑ Special Exception petition No. M Variance V Ac-,ei.15 O Other. (SEEAPPUrA73MTYPFSQIEDW.F0NRA0S3&4) THIS APPLICATION WILL NOT BE ACCEPTED UN17L 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 application, the responsible contractor of record shall be present at the board hearing. r 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 4 ` Code Part 6,Development Review Procedures and Requirements. ' Location Address: 401 Sheridan St. Dania Beach, FL 33004 Lot(s): Block: Subdivision: I Recorded Plat Name: Sandpiper Bay Commercial Sandpiper Bay Commercial 117-2 B Folio Number(s): 51 2203600010 Legal Description-.tract A less comm Sw coR of said TR, ELY 418.36 to POB Appil t/ConsultantJL I Representative(drdeone) Christopher Hollen, P.E. Address of Applicant: 445 24th Street, Suite 200, Vero Beach, FL 32960_ i Business Telephone: 7 7 2-7 94-410 OHome: Fax: E-mall address: chris-hollen@kimley-horn.com i Name of Property Owner: DDRM Sheridan Square LLC. .Address of Property Owner: 3300 Enterprise Pkwy, Beachwood, OH 44122 Business Telephone: Home: Fax: Explanation of Request:Variance request for approved site plan SP-18-89 MOD For Plata please prvwde proposed Plat Name for Varlancas please attach OftWit as per Serlfon 625.40 of the Land Development Coda. Prop. Net Acreage: 6.5 9ac Gross Age:6.5 9ac Prop.Square Footage: 67,085 SF Edsting Use: Commercial Proposed Use: Commercial 1 of 4 i I i Is property owned individually, by a corporation, association, or a joint Venture? Limited Liability Company t 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 (individual/firm) to represent me/us in all matters related to this application. I/we 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 Commission approval,or pursuant to the expiration timeframe listed In Part 6 of the Dania Beach Land Development Code. ; II STATE OF FLORIDA COUNTY OF BROWARD By: 2 The foregoing Instrument (Owner/ signature*) was acknowledged c BEFORE ME THIS 5 DAY OF M c► 20_15 By: (Print name of person acknowledging) (3oint owner signature if applicable) Notary LFMN VAN" (Sig ature of Notary Public—State of ga'ii-- �ooanu epbw,wg►s�,sole Personally known or Produced Identifladion Type of Identltkation produced: or Drhrem License--O.I sS 13}d *If joint ownership, both parties must sign. if partnership, corporation or association, an authorized offlcer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the Lapplication if an authorized a nt signs for the owner(s). i NO APPLICATION WILL BEAUTOMATICALL YSCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE 8YSTAFF BEFORE PROCESSING OCCURS. 2of4 i I City of Dania Beach,Florida Department of Community Development Planning and Zoning Division I (954)924-MS X3643 i i + Standard Development Application ❑ Administrative Variance JUN Z § 2015 ❑ Land Use Amendment o Plat Planning ❑ Rezoning .Date Rec i ❑ Ske Plan ❑ Special Exception Petition o.• Variance ❑ Other: (SEE'APP WATroN TYALF A fEOME 01VPAWS3&4) i THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH i 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 I i the City Building Division. For more information please reference the Dania Beach Land Development Code Part 6,Development Review Procedures and Requirements. Location Address: 401 Sheridan St. Dania Beach, FL 33004 Lot(s): Block: Subdivision: Recorded Plat Name: Sandpiper Bay Commercial Sandpiper Bay Commercial 117-2 B Folio Number(s): 514103600010 Legal Description: tract A less Comm SW COR of said TR, ELY 418.36 to POB. Appiicant;61 n LltarVLegal Representative(drde one),Christopher Holden,P.E. Address of Applicant: 445 24th Street,Suite 200,Vero Beach,FL 32960 Business Telephone: 772-794-4100 Home: Fax: E-mail address: chris.holien@ldmley-horn.com Name of Property owner: DDRM Sheridan Square LLC II Address of Property Owner: 3300 Enterprise Pkwy, Beachwood, OH 44122 i Business Telephone: Home: Fax: Explanation of Request: Variance request far signage associated with approved site plan SP-18-89 MOD For Plats please provide proposed Plat Name for Varfances please at&Kh ammmatt as per Section 625.40 of lfm Land DeveA*vnwt Code. Prop. Net Acreage: 6.59 aC Gross Acreage:6.59 ac prop.Square Footage: 67,085 SF Existing use: Commercial Proposed use: Commercial 1 of 4 I is property owned individually, by a corporation, association, or a joint venture? Limited Liability Company I AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beads.If I/We are unable to be present, I/we hereby authorize l ,2!: liar.- •� �Qrr•�.�T+� - • .., (individual/firm) to represent me/us In all matters related to this application. I/we 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 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 (Owner/Agent signature*) was acknowledged BEFORE ME THIS 4'k DAY OF 20J_L__ By: (Print name of person acknowledging) (joint owner signature if applicable) CHOMM Notary a> 2M (Signature of N ot ry Public— i~fo6 dA Exp N Apra 4,2049 9aW jhvT"F*b=M8MM6A011 Personally known or Produced Identification Type of identification produced: or Drivers License i I *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 owne s). NO APPLICATION WILL BEAUTOMATICALLYSCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE 8YSTAFF BEFORE PROCESSING OCCURS. 2 of 4 i f i Kimley*Horn June 8,2015 City of Dania Beach ATTN: Mariluz Maldonado 100 W. Dania Beach Blvd. Dania Beach, FL 33004 RE: Walmart 94563-Sheridan Square,Dania Beach,FL Site Plan Variance Submittal Dear Ms. Maldonado, i This Application is being submitted as part of the Phase II Site Plan Approval for the proposed ! Walmart Neighborhood Market located in the Sheridan Square Shopping Center at 401 E. Sheridan Street, Dania Beach, FL 33004. The Existing building was formally occupied by a Publix Grocery Store and is now of interest to Wal-Mart as a Lessee. A Minor Site Plan Modification was approved on April EP, 2015 to make the required changes to the site for Walmart to move in. Now, a Phase II Site Plan Application has been requested which will require a variance for the addition of a drive-thru pharmacy. The proposed modifications from the approved Phase I Wal-Mart Site Plan are listed below. 1) The addition of a drive-thru Pharmacy on the west side of the building. This will be done by removing 19 parking spaces adjacent to the building. The addition of a drive-thru will require a variance from City of Dania Beach Code Section 625.40. 2) Enlarging the pond at the SE corner of the site which will require the loss of 6 parking spaces and the relocation of 4 spaces. 3) The shifting of an existing dumpster at the site's north entrance. This is being done to create an adequate path for Walmart delivery trucks. 4) The addition of a Td loading area to bring the site up to City code. The above changes have been clouded on the Site Plan, Sheet 6220, submitted with this package. i Please contact me at(772)794-4087 or chris.hollendMkimley-hom.com should you have any questions. Sincerely, I I Chris Hollen, P.E. Project Manager i From the desk of j Steven S.Wherry, $I GreenspoonMarderLAW � rd isudeele,gorida33301 Direct Phone:754.200.7017 88$-491 1,'ia0 Direct Fax 954.333.4157 YMWW-9Mh Uf.G0M Ema#I:steven.when,/Qmlaw.com I May 7,2015 j I Marc LaFerrier,AiCP Community Development Director City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach,FL 33004 Re: Variance Application Criteria Statement per Sec.625.40 of the Land Development Code for Distance Separation of drive-through use at Sheridan Square Shopping Center (Variance from Sec. 110-190(A)(9)Commercial drive-through facilities that are subject to the pruwlpal arterial commercial design standards) Dear Mr.LaFerrier, I am writing on behalf of my client Wal-Mart Stores East,L.P.regarding its request for a variance to allow a drive-through to be constructed and used for the retail pharmacy that is a component of its Walmatt Neighborhood Market gmay store in a space under renovation at the Sheridan Square shopping center located at 401 E.Sheridan Street. i A commercial drive-through use at this location is prohibited according to Sec. 110-190(A)(9)of the City's Land Development Code e LDC"),which requires: i Five hundred(500)feet measured from the driveways of any two(2)sites on the same side of the designated amorist Existing drive-Rough facilities that do not comply with the distance separation requh met are not doomed to be nonconforming uses. Pursuant to LDC Sec.625-10(A)(5),which authorizes variance requests fitom separation of uses regulations,and as an attachment to our Standard Development Application for this variance request,please find the following Criteria Statement pursuant to LDC Sec.625-40 for use in review of the above variance request. Please let me know if you have any questions or would like additional information. j Sincerely, i Steven erry,Esq. j Aventura l Boca Ratan I Ft Lauderdale l Las Vegas l MWW Naples Orlando Port tat.Lucie I Tampa West Palm Beach May 7,2015 Page No.2 Variance Criteria Statep�pt Section 625-40(A)of the L17C sets forth the criteria that follow,which the present application satisfies as detailed below: (1) That the requested variance maintains the basic intent and purpose of the subject regulations,particularly as it affects the stability and appearance of the city; i The requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city. As detailed in the next criterion, the approval of this variance request will result in a number of improvements to the shopping center site,some aesthetic,some fimctional,all substantial. The location of the proposed drive- through facility is a vacant former Publix. Since the departure of Publix to a location in i Hollywood,the remaining Dania Beach businesses at this shopping center have been suffering and failing from the lack of an anchor.The proposed drive-through is necessary for a successful Walmart Neighborhood Market grocery store and retail pharmacy at this location,and a new, thriving anchor teuaat is exactly what the remaining businesses at this location need to survive and promote the stability of the city. Failing this,the appearance and condition of the shopping enter is likely to deteriorate and fall into blight (2) That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; The requested variance is compatible with the surrounding land uses and would not be detrimental to the community. The shopping center is a Iong-established commercial use. When it was approved,the shopping center's impacts were evaluated relative to its neighbors,and the i development was required to incorporate certain features to improve compatibility. Chief among those features vW0ie r tternent to construct a mason ry.my wall amend the site to buffer adjacent areas. The masonry wall remains in place, and the petitioner has worked diligently with City staff to add additional features to further improve the compatibility of the shopping center including the proposed drive4hrough facility. These additional features include the following: 1. Add trees and landscaping to the strip along the proposed drive-through facility stall; 2. Add two more accessible curb ramps at the front facade of the store to enhance handicap and pedestrian accessibility; 3. Repaint the shopping center structure in early 2016; 4. Improve the previously approved drainage on site to add a landscaped dry retention area and substantial underground stormwater improvements;and i 5. Limit the sound levels emanating from intercom use in relation to operation of the drive- through facility. (3) That the requested variance is consistent with,and in furtherance of,the goals, E I � E i i May 7,2015 Page No.3 objectives and policies of the adopted Comprehensive Plan,as amended from time to time,and all other slmllar plans adopted by the clty; The requested variance is consistent with,and in furtherance of the following goals,objectives and policies of the adopted Comprehensive Plan,as amended from time to time,and all other similar plans adopted by the city: FLU Objective I Land development regulations shall be maintained which promote orderly growth, development and placement of land uses,which will encourage a mix of residential types and provide good quality of life for the residents of the City of Dania Beach. Approval of the proposed variance request will meet the polies below and provide for the redevelopment o,f'a dying retail shopping center area, thereby meeting this feature of the Comprehensive Plan. FLU Policy 1.1 Provide for a mix of residential communities which Future Land Use Element City of Dania Beach will promote a diverse population and a healthy environment. i Approval of theproposed variance request will allow the addition of a Walmart Neighborhood Market grocery store and retail pharmacy,providing low cost access to wholesome, nutritious foods and medicines affordable to a wide margin of residents, thereby meeting this feature of the Comprehensive Plan. FIX Policy 1.2 Commercialized activities will be provided to serve the residents of the community; k Approval of the proposed variance request will allow the full development of a i neighborhood grocery store and retail pharmacy to serve the needs of the residents, thereby meeting this feature of the Comprehensive Plan. FLU Objective III Available land suitable for the provision of community facilities to support the existing/projected population has been identified. ! Approval of the proposed variance request will promote the policy below, thereby meeting this feature of the Comprehensive Plan. FLU Policy 3.10 Dania.Beach shall incorporate provisions in the Land Development Code requiring new nonresidential,located adjacent to an existing or planned public school site,to incorporate features such as walls,solid hedges or increased setbacks where such use would be incompatible with the public school. Approval of the proposed variance request will result in the increased landscaping and 1 i i t r i May 7,2015 Page No.4 i buffering discussed above, thereby meeting this feature of the Comprehensive Plan. ! FLU Objective V Maintain land development regulations,zoning ordinances and other administrative rules to implement the Comprehensive Plan. i Approval of the proposed variance request will promote the policies below, thereby meeting this feature of the Comprehensive Plan, i FLU Policy 5.12 Dania Beach shall implement regulations which address the potentially adverse impacts of industry,including noise,vibration, air pollution,glare,heat,solid wastes,hazardous wastes,fire and explosion.(B.C.P.#03,04.01) Approval of the proposed variance request will result in a drive-through facility that has carefully calibrated noise output, thereby meeting this feature of the Comprehensive Plan. FLU Objective VI Natural resources and historic resources shall be maintained at their present levels at a minimum. j Approval of the proposed variance request will promote the policies below, thereby meeting this feature of the Comprehensive Plan. FLU Policy 6.4 Promote restoration of the Dania Beach ecological systems including its hydrological and ecological functions as well as any degraded or substantially dim surface waters. (B.C.P.#06.01.01) Approval of the proposed variance request will result in an improved stormwater drainage system, decreasing stormwater runoff and improving hydrological function, thereby meeting this feature of the Comprehensive Plan. FLU Policy 6.11 Local land development codes and regulations shall provide for the protection and creation of surface waters in conformance with State and South Florida Water Management District Policies. (B.C.P.#09.04.01) j I Approval of the proposed variance request will result in an improved stormwater drainage system, decreasing stormwater runoff and, hence,protecting surface waters, thereby meeting this feature of the Comprehensive Plan. FLU Objective V1II New growth and development will only be permitted where services are available and meet the level of service standards of the Comprehensive Plan thereby eliminating urban sprawl. i i i i May 7,2015 Page No.5 Approval of the proposed variance request will promote the policies below, thereby meeting this feature of the Comprehensive Plan, FLU Policy 8.1 Adequate drainage and su=water numgement shall be provided j for all development. Approval of the proposed variance request will result to an improved sto►mm ater drainage system, thereby meeting this feature of the Comprehensive Plan. FLU Policy 8.3 Safe and convenient on site traffic flaw shall be provided in accordance with the Comprehensive Plan and the land development regulations. I Approval of the proposed variance request will result in better landscaped drive aisles providing enhanced preventive directional traffic circulation flow, thereby meeting this feature of the Comprehensive Plan FLU Policy 8.4 Adequate vehicular parking shall be provided for new development in accordance with the land development regulations. I I Approval of the proposed variance request will allow increased pass-through traffic without impacting existing parking despite an adjustment in overall parking that j continues to meet LDCparktng requirements, thereby meeting this feature ofthe Comprehensive Plan. FLU Objective XVII Protect wetlands,hydric soils and the vegetative communities historic to the areas within DaWwBeaeh for their natural functions,such as staring freshwater,filtering stonmwater runoff and preventing erosion. (B.C.P.#09.05.00) Approval of the proposed variance request will resent in an improved stormwater drainage system and increased filtering of stormwater, thereby meeting this feature of the Comprehensive Plan. FLU Objective XXVI The City through planning,land use regulation,or land acquisition,shall maintain the lands adjacent to SE 5'between Sheridan Street and Dania Beach Boulevard for parks, conservation,and storm water retention purposes. i Approval of the proposed variance request will result in an improved stormwater drainage system and increased filtering ofstormwaten thereby meeting this feature of the Comprehensive Plan i FLU Policy 26.1 The City shall maintain SE Sth Avenue as a local street,utilizing abutting vacant properties to meet the recreation and drainage needs of adjoining residential I conununitiee,including the acquisition of excess right-of-way as a passive linear i s i f 4 '` May 7,2015 Page No.6 park and storm water retention area.The City shall investigate the availability of funds(to acquire properties)or the use of zoning and land use regulations to implement this policy. Approval of the proposed variance request will result in an improved stormwater drainage system on a portion of the property not previously occupied by a structure, thereby meeting this feature of the Comprehensive Plan. FLU Policy 26.2 The City shall work with the South Florida Water Future Land Use Element City of Dania Beach Management District,the Broward County Department of Planning and Environmental Protection,and the Florida Department of Environmental Protection to preserve and protect vacant lands on SE 5th Avenue and the adjacent West Park Ecosystem. Approval of the proposed variance request will result in an improved stormwater drainage system on a portion of the property not previously occupied by a structure, thereby meeting this feature of the Comprehensive Plan. (d) That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome;and The plight of the petitioner is due to the unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. Over the course of its development,the Sheridan Square shopping center evolved in a fashion in which the site configuration and design,while giving the appearance of being a single shopping center site that includes the bank building at the intersection of Sheridan Street and SE 5"Avenue,in fact,has been developed with the bank building as a separate outparcel. Given this oddity,and even though there is some common internal drive access and the practical ability of patrons of either the shopping center or bank building to park at the other location when needed,the bank building and its drive-through facilities are not considered a part of the Sheridan Square shopping center,per se. Were the bank building technically considered a part of the shopping center,even as it naturally appears to be so,the present variance request would not be necessary as the overall shopping venter(including the bank building)would be considered to be a single site. The code requires separation between any two"sites,"so because of this technicality,a variance request is required. The technicality at issue,stemming from the manner of development of the shopping center as twos a sites(despite the natural impression separate ( p that it is a single site),is a unique circumstance pertaining to the property and of particular burg to the petitioner. Conformity with the strict requirements of the subject regulations would eliminate completely the ability of the petitioner to have a commercial drive-through use despite that it is able to present a design that proposes to do so without substantially negatively affecting off-site circulation,on-site circulation,on-site parking,and on-site pedestrian circulation,or any other conditions known to i 1 May 7,2015 Page No.7 j the petitioner. (5) That the variance requested is the minimum variance that is necessary to afford relief to the petitioner,while preserving the character,health.,safety and welfare of the community. The variance requested is the minimum variance that is necessary to afford relief to the petitioner,while preserving the character,health, safety and welfare of the community. The petitioner is requesting only one drive-through stall where the LDC,distance separation issues Wide,permits up to three stalls. A single stall is a reduced request,tailored,in part,to minimize the extent of the variance request while keeping with the minimum relief the petitioner needs in association with operation of its pharmacy business. I Unlike other commercial uses that incorporate drive-through facilities,a phannacy or, specifically,a pharmacy combined with a grocery store(as is a common commercial combination),has a very particular and specialized need for drive-through facilities in order to meet three objectives: (1)promote quick,easy,and convenient access for the sick,injured,and fisil to the medicines they need to preserve health and/or promote healing; (2)separate potentially infectious individuals who seek access to medicine for the purpose of protecting the public from contamination of grocery foods and from the possibility of infection of other otherwise healthy grocery patrons;and(3)isolate potentially immune-compromised or otherwise frail individuals for the purpose of protecting those individuals from the risks of exposure to infectious agents or inadvertent contact injuries caused by bumping into other store patrons or slipping or tripping within the premises for other reasons. Meeting these three objectives is important in preserving the health,safety,and welfare of the community,and inclusion of at least one drive-through stall is the minimum necessary to meet these objectives. The addition of a single stall drive-through facility at this location will have no effect on the character of the community. This location is a shopping cuter. Shopping centers frequently have uses that include drive-through elements. This shopping center,in particular,even has a drive-through facility associated with the bank located on the opposite corner,in a developed outparcel. With the existing nature of the shopping center and the already pre-existing drive- through,there will be no notable change to the character of the community by approving this variance request to add a single stall drive-through facility. i I i i i i This document is part of a signage submittal requesting approval for the following: 1.An increase in size of the main brand sign from 96.03 sf to 187.59 A The sign height would increase i from 21-6"h to 31-6"h. 2.An additional 42.11 sg,non-illuminated letter sign to designate the location of the pharmacy drive-through window. Below is an itemized response to the sections of 505-180. Sec.505-180-Relief from requirements,sign variances. (A)A sign variance may be granted pursuant to the procedures and requirements of article 625, except that the criteria for granting variances in section 625-40 shall be replaced with the following criteria: (1)The variance request 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;and • The variance requested for increased signage area and sign quantity is in beeping with the intent but not letter of the Dania Beach sign code.We believe that the signage proposed is in the public interest to direct traffic through the center and for identifying I the major anchor tenant of the shopping center.The aesthetic impact has been considered and determined to be an improvement.In addition,we believe the proposal to be the minimum necessary change for the overall function and identification of the site. (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 j intended by this article;and • The sign size was chosen to match the level of visibility of adjacent similarly zoned buildin .Please see exhibit hotos for corn rison of visibility and s' size. (I I I 0 i Signage of the previous retail tenant—Meant to express the scale and quantity of existing signage. i , i i i i o Signage of nearest adjacent tenant—meant to express visibility,quantity of signs,and location. (3)The impaired visibility or effectiveness of the signage allowed in this article would result in j unnecessary or undue hardship;and l • This is a major anchor tenant in this shopping center,with a much larger than average space and store frontage than the majority of the other tenants.It is set back from the main public street a considerable distance,and is partially obscured by newer outparcel buildings and trees.See view from Street below(Photo from February of 2015). i • In addition the signage to direct customers to the drive thru window will farther increase the flow through the parldng area and prevent staeldng issues in front of the store.. (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. i (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. I I i i • The hardship is the result of the set back of the building and existing landscape.As this is an existing site,none of the configuration of the site or conditions are a product of the applicant's actions.This request for variance is to correct deficiencies in response to existing conditions. (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 clue consideration for the aesthetic of the sign and its scale relative to that of buildings and signs on the same and adjacent properties; and • Our proposed new signage,which includes the main brand sign and the proposed pharmacy sign,will have an aggregate area of 229.70 sf,which exceeds the code i allowable area of 110.15 SF by 119.55 sf,and is approximately 40%less than the area of the previous tenant's signage. i • Per section 505.110(sign code)this building is permitted "One(1)sign is pernitted per building frontage,not to exceed one(1)square foot in area for each foot of budding frontage for the fust seventy-five(75)feet,and one quarter(25)square feet for each additional foot of building frontage,not to exceed one hundred fifty(150)square feet in area.No wad sign shall occupy»rare than seventy(70)percent of the signable area of the surface upon which placed" • The linear frontage of the building is 215.6 Ft.and the height of the building is o Per the code the signable area is 110.15 SF:(215.6-75=140.6 x 0.25=35.15 sq. ft.)or 75SF+35.15SF=110.15 SF o Total signage proposed signage are for the two signs(187.59+42.11)totals 229.70 sq.ft. i o The excess signage is 119.55.(229.70 110.15) o Per subsection 2 and 4—The WM Spark sign occupies 59.6%of the signable area Per the graphic below,the signable area is 314.70 SF.The Sign area is 187.59 SF. (187.59/314.70=59.6%) Cj- y A*:19 Ifl bowh ul fr�arr(`sc��� Q o o Per subsection 2 and 4—The RX Drive Thru occupies 12.8%of the signable area Per the graphic below,the signable area is 328.32 SF.The Sign area is 42.11 SF. (42.11/328.32=12.8%) I i I i i i O (B)A sign variance shall not be granted to allow a type of sign that is prohibited in section 505- 50(prohibited signs). • Sign types proposed are not included in the prohibited signs,listed in section 505-50. (C)n application for a sign variance shall be made with the community development department. Notice shall be as provided in section 610-20(table of public notice requirements). • AcIlmowledged. (D)The provisions of the building code pertaining to unsafe structures shall apply to signs that were permitted through the sign variance process. • Sip mounting will comply to Florida Building code and local wind load requirements. (Ord.No.2012-009,§2(Exh.A),5-8-12) i I KimleyoHorn June 5,2015 City of Dania Beach Ronnie Navarro,P.E. City Engineer 100 W. Dania Beach Blvd. Dania Beads, FL 33004 ! RE: Walmart Pharmacy Drive-Through Queuing Evaluation Dear Mr. Navarro: Three existing Walmart Neighborhood Market stores were surveyed and evaluated to determine the current pharmacy drive-through activity. Vehicle volume counts and maximum queuing counts were obtained by Kimley-Horn at the three pharmacy drive-through locations over a seven day period. Counts were collected between Thursday,April 2, 2015 and Wednesday,April 8,2015. The raw counts are provided as an attachment to this memorandum. The surveyed stores are located at the following addresses: ■ Store 6020 6991 Southwest 81'Street Miami, Florida 33134 ■ Store 6100 3791 Northwest 1671h Street Miami Gardens, Florida 33055 ■ Store 6122 6931 Northwest 881h Avenue Tamarac, Florida 33321 Walmart Neighborhood Market Store 6020-6991 Southwest Wh Street Store number 6020 located north of 801 Street/Tamiami Trail, east of Southwest 715t Avenue, and west of Southwest 69'"Avenue in Miami, Florida. Data collection was performed during the week of Thursday,April 2, 2015 and Wednesday, April 8,2015 with the exception of when the pharmacy was dosed for business. As documented in the attached Table 1,the maximum daily number of vehicles to utilize the pharmacy drive4hrough window was 13 vehicles which occurred on Thursday, April 2, 2015, and the minimum daily number of vehicles to utilize the pharmacy drive-through window was 3 vehicles which occurred on Sunday, April 5, 2015. An average of 6 vehicles per day utilized the pharmacy drive-through window during the surveyed week ! The maximum daily queue observed at the store was two vehicles. A queue of WO vehicles was observed on the following occasions: i I Mr. Ronnie Navarro,P.E. ` June 5,2015 Kimley*Horn Page 2 • April 2,2015 at 3:25 pm (2 vehicles were present in each of the two drive through lanes), • April 3,2015 between 3:30 pm and 3:45 pm (2 vehides were present in one of the two drive- through lanes), and • April 6,2015 at 12 pm(2 vehicles were present in one of the two drive-through lanes). Walmart Neighborhood Market Store 6100—3791 Northwest 167t'Street Store number 6100 located north of Northwest 167"' Street, east of Northwest 167"' Street, and west of Northwest 3r Avenue in Miami Gardens, Florida. Data collection was performed during the week of Thursday, April 2, 2015 and Wednesday, April 8, 2015 with the exception of when the pharmacy was dosed for business. As documented in the attached Table 1, the maximum daily number of vehides to utilize the pharmacy drive-through window was 17 vehides which occurred on Tuesday, April 7,2015,and the minimum daily number of vehicles to utilize the pharmacy drive-through window was 8 vehides which occurred on Sunday, April 5, 2015. An average of 13 vehides per day utilized the pharmacy drive-through window during the surveyed week." l The maximum daily queue observed at the stone was two vehides. A queue of two vehides was observed on the following occasions: April 4,2015 at 9:00 am (2 vehides were present in each of the two drive-through lanes), • April 6,2015 at 6:25 pm (2 vehicles were present in each of the two drive-through lanes), • April 8,2015 at 2:40 pm (2 vehicles were present in each of the two drive-through lanes), and • April 8,2015 at 8:40 pm (2 vehicles were present in one of the two drive-through lanes). Walmart Neighborhood Market Store 6122—6931 Northwest 88'"Avenue Store number 6122 located at the northwest quadrant of the Intersection of McNab Road & Pine Island Road in Tamarac, Florida. Data collection was performed during the week of Thursday, April 2, 2015 and Wednesday, April 8, 2015 with the exception of when the pharmacy was dosed for business. As documented in the attached Table 1, the maximum daily number of vehicles to utilize the pharmacy drive-through window was 27 vehides which occurred on Monday, April 6, 2015, and the minimum daily number of vehides to utilize the pharmacy drive-through window was 2 vehides which occurred on Sunday, April 5, 2015. An average of 16 vehicles per day utilized the pharmacy drive-through window during the surveyed week. The maximum daily queue observed at the store was two vehides. A queue of two vehides was observed on the following occasions: • April 2,2015 at 10:55 am (2 vehides were present in each of the two drive-through lanes) • April 2,2015 at 3:40 pm (2 vehicles were present in each of the two drive-through lanes), • April 6,2015 at 1:00 pm (2 vehicles were present in each of the two drive-through lanes), • April 6,2015 from 5:45 pm to 5,55 pm (2 vehicles were present in each of the two drive- through lanes), • April 6,2015 at 6:20 pm(2 vehides were present in each of the two drive-through lanes), • April 6,2015 at 7:05 pm (2 vehicles were present in each of the two drive-through lanes for 5 minutes, 2 vehides were present in one of the two drive-through lanes for an additional 10 minutes), I i I Mr.Ronnie Navarro, P.E. Kimley*Horn June Page3 • April 7,2015 at 9:00 am (2 vehicles were present in each of the two drive-through lanes), • April 7,2015 between 1:50 pm and 2:00 pm(2 vehicles were present in one of the two drive- through lanes), • April 7,2015 at 3:55 pm (2 vehicles were present in each of the two drive-through lanes), • April 7,2015 between 5:50 pm and 6:05 pm (2 vehicles were present in one of the two drive- through lanes), • April 7,2015 between 6:15 pm and 6:25 pm(2 vehicles were present in one of the two drive- through lanes), • April 7,2015 at 6:30 pm (2 vehicles were present in one of the two drive-through lanes),and • April 8,2015 at 4:15 pm (2 vehicles were present in one of the two drive-through lanes). Should you have any questions or comments regarding the above matter,please contact me at your earliest convenience. Very truly yours, I PUMLEY-HORN AND ASSOCIATES, INC. Dann! H.Jorgenson, P.E. 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