HomeMy WebLinkAboutR-2016-014 Approving the variance requests VA-132-15/VA-133-15/VA-34-15 by Leigh Robinson Kerr & Assoc. Inc. on behalf of DS Realty,Inc. for 2800 Federal Hwy. RESOLUTION NO. 2016-014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE VARIANCE REQUESTS SUBMITTED
UNDER APPLICATIONS VA-132-15NA-133-15NA-134-15 BY LEIGH
ROBINSON KERR AND ASSOCIATES,INC.,ON BEHALF OF THE PROPERTY
OWNER,DS REALTY,INC.,FOR PROPERTY LOCATED AT 2800 FEDERAL
HIGHWAY IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,pursuant to Chapter 28,the"Land Development Code,"Part 6,"Development
Review Procedures And Requirements,"Article 625, "Variances"of the City Code of Ordinances
(the"City Code"),Leigh Robinson Kerr and Associates,Inc.,agent on behalf of the property owner
DS Realty,Inc. (the"Applicant"),has applied to the City of Dania Beach(the"City"),for approval
of variance requests(VA-132-15NA-133-15NA-134-15)as referenced in Exhibit`B",for property
legally described in Exhibit"A"; and
WHEREAS,City Code Section 625-40 states that the City Commission may grant a variance
based on its determination that the petitioner has demonstrated that the criteria identified in the City
Code have been satisfied; and
WHEREAS, the Applicant is requesting a variance (VA-132-15) to provide terminal
landscape islands less than ten (10) feet in width where City Code Section 275-100(D) requires a
minimum ten (10) foot wide terminal landscape island; and
WHEREAS,the Applicant is requesting a variance(VA-133-15)to provide landscaping on
two(2)sides of a dumpster enclosure where City Code Section 275-170(B)requires landscaping on
three (3) sides; and
WHEREAS,the Applicant is requesting a variance(VA-134-15)to provide a minimum five
(5) foot landscape buffer where City Code Section 275-120 requires a minimum ten (10) foot
landscape buffer; and
WHEREAS,the Applicant has provided sufficient justification demonstrating compliance
with the approval criteria to meet the requirements of the City Code; and
WHEREAS,public notice was provided in accordance with law; and
WHEREAS, the City Commission finds that approvals of the requested variances are
consistent with the City's Code and Comprehensive Plan;
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 these certain applications (VA-123-15NA-133-15NA-134-15) for
variance approval, copies of which are attached as Exhibit `B", which are made a part of and are
incorporated into this Resolution by this reference, are approved.
Section 3. 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. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on January 26, 2016.
ATTEST: o�P�'S F1 7.cry
LOUISE STILSON, CMC CO A. SALVINO, SR.
CITY CLERK MAYOR
. per,
APPROVED AS TO F RM ND CORRECTNESS:
('\ e-�
THO J. BJkO
CITY ATTO EY
2 RESOLUTION#2016-014
Exhibit"A"
DAIAGI LEGAL DESCRIPTION 1-26-16:
A portion of the Northwest one-quarter(NW 1/4), of the Southwest one- quarter(SW 1/4), of the
Northwest one-quarter (NW 1/4), of Section 23, Township 50 South, Range 42 East, Broward
County, Florida and being more fully described as follows:
Commencing at the Northwest corner of the said Northwest one-quarter(NW 1/4),of the Southwest
one-quarter (SW 1/4), of the Northwest one-quarter (NW 1/4), of said Section 23; thence North
87°26'47"East,on the North line of the said Northwest one-quarter(NW 1/4),of the Southwest one-
quarter(SW 1/4), of the Northwest one-quarter(NW 1/4), of said Section 23, a distance of 275.22
feet; thence South 04°34'25" West, a distance of 10.08 feet to the Point of Beginning; thence
continue South 04'34'25"West,a distance of 537.90 feet,to a point on the East Right-of-Way line of
U.S. Highway No. 1 (Federal Highway) as shown on the Florida Department of Transportation
Right-of-Way Map Section 86095-2406,Sheet 8 of 13;thence Northwesterly on the said East Right-
of-Way line of the following three (3) courses and distances;North 12°08'59" West, a distance of
15.60 feet;thence North 16°27'07" West,a distance of 395.80 feet;thence North 08°54'52" West,a
distance of 134.98 feet to the Point of Termination of said three (3) courses and distances; thence
North 87°26'47"East,on a line 10.00 feet South of(as measured at right angles)and parallel with the
said North line of the Northwest one-quarter(NW 1/4), of the Southwest one-quarter(SW 1/4),of
the Northwest one-quarter (NW 1/4), of said Section 23, a distance of 179.37 feet to the Point of
Beginning.
Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida, and
containing 51,200 square feet, or 1.1754 acres more or less.
3 RESOLUTION#2016-014
City of Dania Beach, Florida j
Deparhnent of Community Development
Planning-and Zoning Division
(954)924-6805 X3643
(954)922-2687 Pax
Standard Development Application
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Q Land Use Amendment
o Plat DEC 0 9 2015 D
• Rezoning Date
Site Plan
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Variance
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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
Documentatlon'cheddist 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
auftdzed 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 Beady Land Development
Code Part 6,Development Review Proaedurea and Requirements.
Location Address: 2800 Federal Highway
Lot(s): N/A Block N/A Subdivision: N/A
Recorded Plat Name: Alexandria Daiagi Plat(application under review,not recorded)
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Folio Number(s): 504223000230 Legal Description: Please see attached.
Appiicarlt/Consulta I Representatl role one) Leigh Robinson Kerr&Associates, Inc.
Address of Applicant., 808 E.Las Qlas Boulgyard#104, Ft_ Laud. Fl.33301
Business Telephone: 954-467-6308 Home: N/A Fax: 954-467-6309
Email address: Lkerr808@bellsouth.net
Name of Property Owner: DS Realty Inc.
Address of Property Owner: 2512 SW 30*Avenue,Pembroke Park, FL 33009
Business Telephone: 954-457-1000 Home. N/A Fax: 954-457-1500
Expfanati n of Request: Request for 3 variances described in attached justification.
Fear Plfa�ptlease pmA*pmpaW Plat Arsine for Wrbmw Afem attach Oftarb 210=0 as per
Sbcdw 62SA40 of brie Land Obi Cbd&
Prop. Net Acreage: 1.18 Gross Acreage: 1.9 Prop.Square Footage: 51,197 s.f.
Bdsting Use: Parking lot Proposed Use: Hotel
1 d4
Is properly owned individually, by a carp oratlon, association, or a joint
venture?' Corporation
I/we are hilly aware of the request being made to AM City of Dania Beach. If I/We am
unable to be present,I/we herby authorize !W Robinson Kerr&Associates,
(Individual/firm) to represent me/us In all miisittels meshed to this application. I/we
hereby acknowledge that the applicable The was established to offset administrative
costs and is not refundable.
I/we are folly 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 Miretion tlmeframe listed in Part 6 of the Dania Beach Land Devel ment Code.
STATE OF FLORIDA
COUNTY OF BROWARD By.-
The foregoing instrument (Owner/ gnature*)
was acknowledged
BEFORIE ME THIS -k'AA . DAY OF � T
By: al
a
MWW i
(Print name of person acknowledging) (7olnt owner signature if applicable)
i
Notary �.. uttftar E
(Signature of Notary Public—State of ` ) �n p�-aim w w.pa �.
M'��A1rl�,�OtA
cadre On#a low
M. Bid N�Yaut Nobry Aan. i
Personally known or Produced Idenf!Ilcation
Type of identification produced., or Drhrm Uaeme
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*If joint ownership, both parties must sign. If pertnershlp, 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
applicarion if an authorized agent signs fbr the owners).
AV APPLICAITON WILL REAI/TOMATICALLY: iIEDULED FORA MEETIAR6.
ALL APPLWATIOW MIST BEOETERP11AW COMPLETE 8 YSTAFF
BEFORE OCCURS.
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LEXI N GTON INN & SUITES
Dania Beach, FL
REQUEST FOR VARIANCE
December 8, 2015
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fttps://d.docs.live-net/callflbfbb72375f/2015/1518-LeArigton Site Plan/VarianceRequests/VarianceRequesb LFXINGTON.doc
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PROJECT INFORMATION AND JUSTIFICATION
The supplemental information provided in this document outlines requests to the City
of Dania Beach being sought by the applicant as it relates to the project known as
Lexington Inn & Suites. The subject site is located on the east side of US1/Federal
Highway and on the south side of S.E. 2811 Street. Please refer to Exhibit A: Aerial which
depicts an aerial view of the site comprised of folio 504223000230.
The subject site is currently used as a parking lot for the nearby airport. The Applicant is
proposing to develop the site with a 158-room hotel with parking provided on the
property located on the north side of S.E. 28'" Street. A parking agreement has been
prepared and will secure the provision of parking for the hotel. The proposed hotel is
permitted as a Special Exception use with approval by the City Commission. The City i
Commission approved the special exception per Resolution 2015-113 at its September I
21, 2015 meeting.Th a proposed hotel use is a well-suited use for the subject site and
for the area, which is located near both the Port and the Airport. The proposed hotel
will provide accommodation opportunities to both locals and Port/Airport travelers.
The applicant is requesting variances outlined in the below table in order to facilitate
the development of the subject site with a hotel.The need for variances is largely due to
the size (1.9 acres) and irregular shape of the site which limits the density, j
configuration, and development potential for the site. In addition, Port Everglades
property is adjacent to the east. In the interest of security and in coordination with Port
Authorities,the subject site's proximity to the Port limits the design and use of the site.
These size and location circumstances unique to the subject site create a need for relief
from certain Code provisions in order to accommodate quality development on the site
while still upholding the integrity of the City's Code.
The applicant is requesting the variances outlined in the below table.
SECTION/ CODE PROPOSED
DESCRIPTION j
Sec. 275-100(D) 10 Ft Less than 10 Ft in two locations
Interior landscape requirements j
for VUAs—Terminal Landscape
Peninsulas,Width
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Sec. 275-170(B) Provide Landscape provided on two sides.
Landscape requirements for landscaping on Dumpster located adjacent to wall
screening—Equipment, three sides abutting Port property.Due to
Dumpsters increased security needs,certain design
elements are limited in this area.
Sec. 275-120 10 Ft Minimum of 5'adjacent to drive;6'3"
Perimeter Buffer Landscape in limited area of building. Exceeds 10'
Requirements in most areas.
Pagel
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Per City Code Section 625.40, when requesting a variance, the applicant must address
certain criteria. As outlined below, the variances being sought comply with the criteria
prescribed in the City's Land Development Code:
1. The request maintains the basic intent and purpose of the subject regulations,
particularly as it affects the stability and appearance of the City;
The proposed development and use of the site not only maintains the basic
intent of regulations, but also Improves the appearance of the subject site and
is an attractive and suitable use for the site.
2. The request is otherwise compatible with the surrounding land uses and would
not be detrimental to the community,
The proposed use is permitted as a Special Exception by the City Commission
per Resolution 2015-113 approved at its September 21, 2015 meeting. The
proposed hotel is compatible with surrounding land uses and will not be
detrimental to the community. The general area is comprised of commercial
uses which are compatible with the proposed hotel use.
3. The request is consistent with, and in the furtherance of, the goals, objectives
and policies of the adopted Comprehensive Plan, as amended from time to time,
and all other similar plans adopted by the city;
The proposed project is consistent with the City's GOPs/Comprehensive Plan.
The proposed use is permitted under the existing land use and zoning
categories.
4. The plight of the petitioner is due to unique circumstances of the property or the
petitioner which would render conformity with the strict requirements of the
subject regulations unnecessarily burdensome; and
The subject site is an Irregular triangular shape and small size (1.9 acres)which
limits the density, configuration of buildings, and development potential for
the site. In addition, the subject site's proximity to the Port limits the design
and use of the site.
5. 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 variances requested are the minimum necessary to accommodate a quality
development on the site while still upholding the integrity of the City's Code.
The character, health, safety and welfare of the community is not
compromised.
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EXHIBIT A
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