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Home My WebLink AboutR-2015-077 - Approved Sign Variance for Park N Go of Fort Lauderdale, LLC at 1101 Eller Drive RESOLUTION NO. 2015-077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CONSIDERING A SIGN VARIANCE (VA-021-15) SUBMITTED BY TRIPP SCOTT, PA, ON BEHALF OF THE PROPERTY OWNER PARK `N GO OF FORT LAUDERDALE LLC, FOR PROPERTY LOCATED AT 1101 ELLER DRIVE IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT A; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 of the Code of Ordinances of the City of Dania Beach (the City Code"),which chapter contains the City Land Development Code(the"LDC"),pursuant to Part 3, "Special Zoning Districts,"Article 320 "Port Everglades Development District(PEDD)," Section 320.50 (g) , entitled"Development Standards-Signs,"provides the requirements for all sign types located within the PEDD; and WHEREAS, Tripp Scott, P.A. representing the property owner, PARK'N GO of Fort Lauderdale, LLC, (the "Applicant") has applied to the City of Dania Beach (the "City"), for sign variance approval (VA-021-15), for property legally described in Exhibit"A;" and WHEREAS, the intent of the PEDD is to provide for and encourage appropriate and consistent land use patterns within the jurisdictional boundaries of Port Everglades,irrespective of whether the land being regulated lies within the municipal boundaries of the cities of Hollywood, Fort Lauderdale or Dania Beach or within the unincorporated territory of Broward County; and WHEREAS, pursuant to Section 320-80 "Variance" of the PEDD, any variance from the PEDD Development Standards contained within Article 320 shall be processed pursuant to the variance procedures established within Part 6, "Development Review Procedures and Requirements,"Article 625 "Variances"of the LDC; and WHEREAS, in accordance with the requirements of Article 625 and of Article 505 "Sign Regulations"of the LDC,the criteria governing a PEDD sign variance request are those in Section 505-180 "Relief from requirements, sign variances"of the LDC; and WHEREAS,the Applicant is requesting a sign variance approval to permit a"freestanding" sign with a maximum sign area of 528 square feet(two-sided)and a maximum sign height of 48 feet; and WHEREAS,where the LDC permits a freestanding,double sided sign with a maximum sign area of 128 square feet and a maximum sign height of 16 feet,pursuant to Section 320.50 (g); and WHEREAS,the sign variance request is specifically limited to the PEDD sign regulations pursuant to LDC Section 320-50(g)concerning the maximum sign area and height of a permissible "freestanding" sign type (excluding pole signs)as defined pursuant to Section 505-20 of the LDC; and WHEREAS,Section 505-180(B)provides that a sign variance shall not be granted to allow a type of sign that is prohibited under Section 505-50 of the LDC; and WHEREAS,pursuant to Section 505-50(AA),all pole signs and projecting pole signs that are not specifically authorized for shopping centers, hotels, office complexes and industrial complexes within one thousand(1,000)feet of I-95 or I-595 in accordance with LDC Section 505- 130 and the Hotel Overlay District regulations of LDC Section 315-50, are prohibited within the City;"and WHEREAS, staff recommends denial of the requested sign variance to permit a "freestanding"sign with a maximum sign area of 528 square feet(two-sided)and a maximum sign height of 48 feet; and WHEREAS,the City Commission finds that the sign variance criteria in Section 505-180 of the LDC [has/has not] been met by the Applicant; 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 are made a specific part of this Resolution. Section 2. That the sign variance application(VA-021-15),a copy of which is attached as composite Exhibit`B,"is made a part of and incorporated into this Resolution by this reference, is hereby approved. Section 3. That based upon the criteria set forth in the City's Land Development Code Section 625 for variances, the sign variance approval (VA-021-15) 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 plan,within eighteen(18)months from the date of this Resolution. 2 RESOLUTION#2015-077 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 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: Rp's grC�f LOUISE STILSON, CMC SALVING, SR. CITY CLERK ��, YOR APPROVED AS TO FORM AND CORRECTNESS: THOMA J. A$`S ROF CITY ATTORNEY 3 RESOLUTION#2015-077 EXHIBIT"A" Legal Description A portion of Parcel A, "PHILLIPS INDUSTRIAL PARK",according to the Plat thereof, as recorded in Plat Book 175, Pages 23, 24 and 25, of the Public Records of Broward County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Parcel A; THENCE South 01°36'24" East on the East line of said Parcel A, a distance of 551.19 feet to the POINT OF BEGINNING; THENCE continue South 01°36'24"East on said East line of said Parcel A,a distance of 259.85 feet to the beginning of tangent curve concave to the Northwest; THENCE Southwesterly on said East line of Parcel A and the arc of said curve having a radius of 533.68 feet,through a central angle of 31°01'21",an arc distance of 307.59 feet to a point on the arc of a non-tangent curve concave to the South,said point being on the Northerly line of Parcel 160,as shown on Florida Department of Transportation Right of Way map and labeled"Boundary Survey, Eller Drive,Parcel 160",prepared by F.R.Aleman&Associates,Inc.,dated 09-27-2007,the radius point of said non-tangent curve bears South 02°07'55" East; THENCE Westerly on said Northerly line of Parcel 160 and the arc of said curve having a radius of 688.08 feet, through a central angle of 36°38'24", an arc distance of 440.02 feet to a point on the South line of said Parcel A,said point being on the arc of a non-tangent curve concave to the South, whose radius point bears South 04'18'12"East; THENCE Westerly on said South line of said Parcel A and on said arc of said curve having a radius of 180.00 feet,through a central angle of 1099'52", an arc distance of 32.46 feet to the Southwest corner of said Parcel A and the Southeast corner of Parcel B of said "PHILLIPS INDUSTRIAL PARK"; THENCE on the line common to said Parcels A and B the following four(4)courses and distances; 1. North 01°41'28" West, a distance of 469.76 feet; 2. South 889 8'32" West, a distance of 145.00 feet; 3. North 46°43'15" West, a distance of 30.00 feet; 4. North 01°41'28" West, a distance of 199.95 feet; THENCE North 88°02'56" East, a distance of 694.95 feet to the POINT OF BEGINNING. Said lands lying in Broward County, Florida. 4 RESOLUTION#2015-077 EXHIBIT`B" PPJRSCN GO mum i SIGNAGE DIMENSP-DNS s r AERSAL?MEIN FROM JAhIUAR'*2==�4 'T J MAP LEGEND G 5 RESOLUTION#2015-077