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HomeMy WebLinkAboutR-2016-021 Approves SP-107-15, SE-17-16, VA-12-16, VA-13-16, VA 14-16, VA-15-16, VA-16-16 by Bill Laystrom with Doumar, Allsworth, Laystrom, et al./Cohen Dania Beach Hotel dba DCOTA at 1825 Griffin Rd. (2) RESOLUTION NO. 2016-021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-107-15), APPROVING A SPECIAL EXCEPTION (SE-17-16), AND APPROVING VARIANCES (VA-12-16), (VA-13-16), (VA-14-16), (VA-15-16) AND (VA-16- 16) SUBMITTED BY BILL LAYSTROM, ESQUIRE, WITH DOUMAR, ALLSWORTH, LAYSTROM, VOIGT & ADAIR, ON BEHALF OF THE PROPERTY OWNER COHEN DANIA BEACH HOTEL, LLC D/B/A THE DESIGN CENTER OF THE AMERICAS, FOR PROPERTY LOCATED AT 1825 GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA AS LEGALLY DESCRIBED IN EXHIBIT "A', A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bill Laystrom, Jr. of Doumar, Allsworth, Laystrom, Voigt & Adair, on behalf of Cohen Dania Beach Hotel, LLC d/b/a The Design Center of the Americas (the "Applicant"), is requesting site plan approval, approval of a special exception, and five (5) separate variances for the redevelopment of Le Meridian Hotel located at 1825 Griffin Road in the City of Dania Beach, Florida(the "City"), as legally described in Exhibit"A"; and WHEREAS, the City Code of Ordinances, Chapter 28 "Land Development Code" (the "LDC"), Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans", Section 635-20(A), provides that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, Article 630 of the LDC entitled "Special Exception Uses" states that the City Commission may grant a special exception based on its determination that the petitioner has demonstrated that the necessary criteria in the LDC have been satisfied; and WHEREAS, the Applicant is requesting special exception approval to permit a hotel in a commercial zoning district; and WHEREAS, Part 6 of the LDC, Article 625, entitled "Variances", Section 625-40 states that the City Commission may grant a variance based on its determination that the petitioner has demonstrated that the necessary criteria identified in the LDC have been satisfied; and WHEREAS, the Applicant is requesting a variance approval from LDC Section 275- 100(C) to permit the removal of certain intermediate landscape peninsulas and the retention of other nonconforming intermediate landscape peninsulas (VA-12-16); and WHEREAS, the Applicant is requesting a variance approval from LDC Section 275- 100(D)to permit terminal landscape peninsulas of approximately nine (9) feet in width where ten (10) feet in width is required(VA-13-16); and WHEREAS, the Applicant is requesting a variance approval from LDC Section 275- 100(E) to permit the retention of the existing landscaping abutting the buildings where a minimum of ten(10) feet of landscaping abutting the buildings is required (VA-14-16); and WHEREAS, the Applicant is requesting a variance approval from LDC Section 505- 120(0)to allow two (2) wall signs where only one (1) wall sign is permitted (VA-15-16); and WHEREAS, the Applicant is requesting a variance approval from LDC Section 510- 30(H) in order to permit twenty-seven percent (27%) glass coverage on the ground floor of the building where a minimum of thirty-five percent (35%) glass facade is required on the ground floor of the building (VA-16-16); and WHEREAS, staff recommended approval of the proposed Site Plan(SP-107-17), Special Exception (SE-17-16), and Variances (VA-12-16), (VA-13-16), (VA-14-16), (VA-15-16) and (VA-16-16) in its report dated March 8, 2016; and WHEREAS, public notice was provided in accordance with law; and WHEREAS, the City Commission finds that the approval of the Site Plan (SP-107-15), Special Exception (SE-17-16), and Variances (VA-12-16), (VA-13-16), (VA-14-16), (VA-15- 16) and (VA-16-16) will protect the health, safety, and welfare of the residents of the City, and furthers the purpose, goals,objectives and policies of the City Comprehensive Plan. 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 they are made a specific part of this Resolution. Section 2. Approval of Site Plan (SP-107-15). Pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans," the following Site Plan (SP-107-15), attached as Exhibit `B," which is made a part of and incorporated into this Resolution by reference, is hereby approved. Section 3. Approval of Special Exception (SE-17-16). Pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 630 "Special Exception Uses," the application for Special Exception Use (SE-17-16), a 2 RESOLUTION#2016-021 copy of which is attached as Exhibit "C", which is made a part of and is incorporated into this Resolution by this reference, is hereby approved. Section 4. Approval of Variances (VA-12-16), (VA-13-16), (VA-14-16), (VA-15- 16) and_(VA-16-16). Pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements, " Article 625 "Variances," the following applications for Variances (VA-12-16), (VA-13-16), (VA-14-16), (VA-15-16) and (VA-16-16), a copy of which is attached as Exhibit "D", which is made a part of and is incorporated into this Resolution by this reference, is hereby approved. Section 5. Conditions. The approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. Applicant shall provide traffic statement of additional trip generations using the latest ITE generation rates. 2. Applicant shall provide geometric dimensions for all proposed driveways, parking stalls,turning radius, etc. 3. Applicant shall provide drainage calculations. 4. Applicant shall show sight triangle at existing ingress/egress- this must be reflected on the landscaping plan using FDOT Index 546 for guidance. 5. Pursuant to City Code (Article 415 — Sidewalks and Swales), the Applicant shall be responsible for sidewalks and swale improvements located within the right-of-way. 6. Applicant shall provide a projection of water demand, sewage and solid waste generation in tabular format in compliance with Article 805 of the City Code. 7. Applicant shall provide as part of the final submittal a drawing file (dwg or dgn) disk of the approved site plan in Florida State Plane Coordinate (NAD 83). 8. Applicant shall provide "No Parking" signs and yellow painted curbs in the fire lane to the satisfaction of BSO Fire. 9. Applicant shall provide a copy of the approved set of plans in .pdf format via email to kennethsean_brown@sheriff.org . If the plan set is too large to send through email, please deliver the plans in .pdf format on a CD-ROM to Attn. Chief Brown, Fire Marshal's Office, 103 West Dania Beach Boulevard, Dania Beach, FL 33004. 10. Applicant shall provide a letter from Broward County identifying whether the subject property requires platting or re-platting. Pursuant to City Code Section 605-30(F), the Applicant must provide "the recorded plat and any agreements modifying the plat (example: amendment to the restrictive note or NVAL), if the subject property has been platted. 11. Pursuant to City Code Section 635-50(I), the Applicant shall identify "locations and dimensions of all existing and proposed right-of-way and dedications, including ultimate right-of-way lines (if applicable)". 12. Applicant shall identify projected water demand for the proposed project. 13. Applicant shall be required to pay all applicable Impact Fees as provided on 10-19- 15. 14. Pursuant to City Code Section 635-50(S), the Applicant shall provide "location, 3 RESOLUTION#2016-021 character, size, height and orientation of proposed signs, including building signage details shown on plan elevations and the method of illumination". Pursuant to City Code Section 505-120(B), the Applicant shall provide an address sign. 15. Pursuant to City Code Section 265-50(3), the Applicant is required to satisfy all parking standards and requirements. All drawings shall accurately reflect the required and proposed number of parking spaces. 16. Applicant shall not permit the long-term or short-term storage of vehicles on the subject property. 17. Pursuant to City Code Section 265-120(B), the Applicant shall provide a valet parking agreement that identifies "...the number and location of parking spaces reserved for valet parking, and shall require that any use of property for which valet parking is provided in order to satisfy the required number of parking spaces shall cease immediately if for any reason the valet service is not provided at all times during the operation of the uses for which the parking is provided". Pursuant to City Code Section 265-120(B), the site plan shall delineate valet podium, signage and attendant-parking spaces, and provide an adequate number of stacking spaces for the drop-off area without blocking crosswalks. 18. Applicant shall have the proposed project reviewed by the Broward County Aviation Department and Federal Aviation Administration as applicable. 19. Pursuant to City Code Section 265-51, the Applicant shall provide the minimum bicycle parking requirements. 20. Pursuant to City Code Section 510-30(H), the Applicant shall provide detailed drawings demonstrating the glass fagade on the primary elevation is between the heights of two feet six inches (2.5') and eight feet(8') above grade. 21. Applicant shall identify how the proposed project is compatible with the existing Development of Regional Impact (DRI). Section 6. Violation of Conditions. Failure to adhere to the terms and conditions of approval above shall be considered a violation of the City Code and persons found violating the conditions shall be subject to the penalties prescribed by the City Code, including but not limited to, the revocation of the approvals granted by this Resolution. The Applicant understands and acknowledges that it must comply with all other applicable requirements of the City before it may commence construction or operation, and this Resolution may be revoked by the City Commission at any time upon a determination that Applicant is not in compliance with the City Code. Section 7. Site Plan Expiration. Pursuant to Section 635.100 "Expiration of Site Plans" of the Land Development Code, the Site Plan (SP-107-15) approval 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, within eighteen (18)months from the date of this Resolution. 4 RESOLUTION#2016-021 Section 8. Expiration of Special Exception. Pursuant to Section 630-70 "Expiration of Special Exceptions" of the Land Development Code, the Special Exception (SE- 17-16) 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 within eighteen(18) months from the date of this Resolution. Section 9. Expiration of Variances. Pursuant to Section 625-50 "Expiration of Variances" of the Land Development Code, the Variances (VA-12-16), (VA-13-16), (VA-14- 16), (VA-15-16) and (VA-16-16) 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 within eighteen (18) months from the date of this Resolution. Section 10. 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 undertake actions that result in a violation of state or federal law. Section 11. Conflicts. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 5 RESOLUTION#2016-021 Section 12. Effective Date. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 8, 2016. �PRp'S F1Rg�, ATTEST: LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK AYOR p1TFr 1 APPROVED AS TO RM AND CORRECTNESS: THO J. AN R CITY TO 6 RESOLUTION#2016-021 EXHIBIT "A" LEGAL DESCRIPTION See Attached 7 7 RESOLUTION#2016-021 INSTR # 112422629, OR BK 50952 PG 1736, Page 3 of 6 EXHIBIT "A" LAND DESCRIPTION PROPERTY CONVEYED TO COHEN DANIA BEACH HOTEL LLC A portion of Parcel "A", Design Center/Hotel/Office Complex, according to the Plat thereof as recorded in Plat Book 118, Page 11, of the Public Records of Broward County, Florida.,described as follows: Commencing at the Southeast Corner of said Parcel "A", thence South 88°39'27" West (Plat bearing), along the South boundary of said Parcel "A", 262.50 Feet;Thence departing said South Boundary, North 01°20'33" West, 224.83 Feet; Thence South 88°39'27" West, 120.67 Feet to the Point of Beginning;Thence continue South 88039'27"West, 1.83 Feet;Thence North 01 '20'33" West, 122.50 Feet;Thence North 88°3927" East, 1.83 Feet;Thence South 01020'33" East,129.50 Feet to the Point of Beginning. Said lands lying in the City of Dania Beach,Broward County,Florida containing 225 Square feet,more or less. 8 RESOLUTION#2016-021 EXHIBIT"B" SITE PLAN See Attached 8 10 LdS n PYlltl p1aRCa " l rloai}IN,t141vYy�IJ I � seaYYnwai m Ali•459+9sy i aoJelm.V.roxuw - rYnuavJrxo r}w.. r.�n sa.w.x tlYxN raw�rou°.r rnry {y mYi•et�a9�tl . i aia.Rg7 V+°°B ITA arm auclava%aci Nni"�"i..+on D. .w..a.aae��/ i �.uewn i � �>n•:xewnw.niN"'i.slm •spm.Y � Rcwaa '1 1 � RYtxH4a.P18LHWI 1111 I ! 1 1 I I ' alMalIYAM, '� I MmV 1 ' C '� YYIW � m.'M I I\ I I' •� °"""'" J p xleC F 8 1:. ` s+mil/errill±tw �I i i ! 1 1 aaalm. ' ,� � Emu 1 �. aem.nsowlpa fI WY 14.IILari ° NlCY NNF eH. 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P .1LIOHNp I L 1 �.1!r�!JJaFONu{�_ A QQ uWYlYlraxY 1 //!4/Y —~ ptl p• riRir , , 1 YnYaa 61 � I 'A}iJ�L1YiM }} I •1��1// � rawHprn � 1 I P'd9la _I a � �� {. .• xnaopaa = v �p v D _+ vw tY +� L wP'v "is •nl b �l�•l/1 axENYM1IG axWpMVlOIP"e N%I L - PYlp.WLAtl I i n'npH JPN ta..II—i ; F a J9iRV1 n I YJM+wb tla�vea un r, r j Irif 4YICIu I j I �' i r.l / 1 .t pMNAa I rx"J NMI* 'Rxp ��•.��, ' IYb.HA%M'Ja'xM30 I I � i � i'D � L1nxK.D 'a I 1=°- IILnrMSN/ll T.Itllxa}IlJ \-ti-•` I A+GW1n.V.ina{ ti_1_ ____ ___ _ _ _ _ HWaL"la •dr •/• •,�• .- 1i_-»- _ - _A�G�Py,4�Q�Q�1S_-- C � 1. /A b,H� ._.��tJ�6' _—•Y-!s� _--_n 0 euu.au _ am Ja:awfnlAT _ _ �__ iViVPW aaoYNNp A b k.L1H4wdi _—'GlBSiYJ:ORN . .S9 AI'Pdi.—_.______ ArN.aJv-pN _ e.ue .N ens YYS0114.p]]aM]aNNY9a __.-_'-_-._._ -____— _ .HJNac a r-r+rrleo aaxuwunnnrmarlas•xnnrY N11N'Jrl Vtl'/11YiY NOHlHP lAJn1.4:ri1D -All-----SJO----elxigi dlftlNK aNatvx tlYltllaP 11818b! .:JM.WN / eM 1�W AJ11 I.LaH.MYPPVI Y99M:. JY.rrr9tlw _ I PIJr�mtllia tasrmo.aAwl r �-�.._•_••—......- rll°1R°IPP7 ......----"'`�~^ �•gram '! rnrlrllaxeuxxnaxuJRilrYlnlP I.awaYwlHana4l..mKa I ..! — 4VP. aaalaairl,N:4 I.O>Mb all:Y:CfOli1MAN � � JIiIATRFPLr]iIYRWOL•--._.--••-�'���,. _—_ ....._._.—..... 4.Rlr°NK NgNA41=111-3110 -------------i�*l --i'—'— ----'--.M (9 a c---'• —Ism. ab a.w.�leapa aaJu �-qPP b� eYNmn�Yl� MP* v / Wrcaiblrtl t �o wJJ�i EXHIBIT "C" Special Exception See Attached 9 12 S Fll�gt. City of Dania Beach,F kckla Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954)922-2687 Fax Standard Development Application O Administrative Variance O Land Use Amendment O Plat O Rezoning Date Reed: O Site Plan Special Exception Petition No.: O Variance GI Other: (SEE APPLICATION TYPE SCHEDULE ON PAGES 3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTM IT I3 COMPLETE AND SUBMTr'L ED 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: 1825 Griffin Road Lot(s): Parcel B Block: __ Subdivision: Plat Book 118 Page 11 Recorded Plat Name: Design Center Hotel/Office Complex Parcel B of the Design Center Hotel/Office Folio Number(s): 5042-33-36-0010 Legal Description: Complex Plat (Plat Book 118, Page 11', Applicant/Consultant/Legal Representative (circle one) C. William Lays trom.Jr. AddressofApplicant: 1177 S .E . 3rd Avenue, Fort Lauderdale, FL 33316 Business Telephone: 954-270-3226 Home: 954-581-1738 E-mail address: blaystromnaol.com Name of Property Owner: Cohen Dania Beach Hotel LLC Address of Property Owner: 1825 Griffin Road Business Telephone: 954-762-3400 Home: Fax: The existing hotel is a special exception, which was Explanation of Request : never formally approved . 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: Gross Acreage: Prop. Square Footage: 569,597 Fang Use: H o t e l Proposed Use: H o t e 1 1 of 4 13 RESOLUTION#2016-021 Is property owned individually, by a corporation, association, 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 preseM 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 D elopm t Code. STATE OF FLORIDA COUNTY OF BROWARD -- The foregoing instrument (Owner/Agent signature* was adavowledged BEFORE ME THIS DAY OF 201(-0 By: C. William Laystrom, Jr. (Print name of person adaiowledging) (joint owner signature if applicable) N o t a r y 41driUMAtVd f 4r.."rlraeTs:- hlvr.- (Signature of Notary Public State of Amid , * 41 wFF 1.1 2 AIjO,Bonded Thn,Notary PAW Undenniters aorProduoed Wder, or, - Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or asso cation, 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 BEAU'TOMATICALLYSCMEDULED FORA MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2 of 4 14 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND PEE SCHEDULE INC0h1PIXM SUBIVIIWALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications. These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per"Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. APPLICATION TYPE FEE LAND USE Assignment of Flex Units or Filing fee= $4,000.00 plus$5.00 per flex,reserve or LAC/RAC unit or hotel room or Acreage 100 per acre or portion of such area 2 review and notice costs Change of Land Use Filing fee = $7,000.00, plus$500.00 per acre or portion of area btdudes Stafforooessm 2 review and rtottoe ZONING Change of Zoning (Rezoning) Less than 2 acres-$2,500.00. Greater than 2 acres-$6,000.00 btdudes Staffpmcessuig 2 mview and notice coasts Zoning Code Text Change Changing the list of Permitted Uses-$6,000.00 General Text-$2,000.00 Includes Staff processing, 2 review cycles,advertising and notice costs PLAT (Perimeter) Filing fee= $2550.00 plus$50.00 per acre or portion of such area (Subdivision)Filing fee=$2550.00 plus$100 per acre or portion of such area kwkwks Stqffpruoessvn 2 review aides,adyertww and notice costs Delegation Request $1,500.00 Indudes Staffpwcessmg,2 review and notice costs S I T E P L A N Residential,Hotel,Condo-lintel, Filina fee =11,000.00 PLUS$10.00 per unit Time-Share,Motel Plus retainer for staff consultant review,administrative and notice cost$5,000.00 Minimum fee=$6,100.00 knWes StqffpmcessvW,2 mview cajdes,a&Aettising and nonce oasts All other uses FIling fee =$1,000.00 PLUS the following: $5.00 : 100 s.f.for 1'10,000 s.f. $2.00 : 100 s.f. in excess of 10,000 s.f Plus retainer for staff/consuitanf review,administrative and notice cost$4,000.00 Minimum fee=$5,500.00 Inch Ides Staffproeessing,2 review cycles;adtaertwW and notice costs Site Plan Revisions $2,500.00-btdudes staf`'praaessing and up to 2 review comes. AddWrial t ari ywas assoduted with arty ret&%Onto asiteplon wedzuyiedaacom*tgto the assodated uvknce ft Extension of $1 250.0D—Single Edension(PLUS)an additional$ Approval(s)(Site plan, 250.00 for each associated approval variance,special exception 3of4 15 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCHEDULE INC ONfflMSUBNIIITALSARENOrTAOC EPrAE LEPORREVIEWANDPROCESSNCir. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications. These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per "Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. SPEC AT.EXCEP1110N SPECIAL EXCEPTION Filing fee=$3,700.00 plus$200.00 per acre or portion of such area Exdudins cell towers Includes Staff processim 2 review adverfigrg and node costs SPECI4LFXCEP77ON Filing fee= $4,000 Includes Staff processing,2 review cydes,advertising and notice costs Additional Resubmittal Any additional review or public notice required by staff or professional consultants due W the (In addition to the standard(2)review cydes) negligence of the applicant will be charged to the applicant as per Article 685-10 Cost recovery for Development Review of the Dania Beach Land Development Code. VARIAN APPEAL 4&WAIVERS Administrative Single Family i 300.00 Administrative all other i 500.00 Single Family/Community FacilitV $ 490.00 Duplex $1,050.00 Triplex $1,150.00 Multifamily, Hotel,Condo-Hotel(per variance) $2,300.00 Nonres. r variance 2 000.00 Wall Sim 700.00 Monument Sin s1 200.00 Pole Sign Aspermitted) 2 400.00 Appeal(single family&comm fac 650.00 Appeal all other uses 1 925.00 Dumpster Appeal to Corn. Dev. Dir. 200.00 Dumpster Appeal to City Corn. 500.00 Alcoholic Beverage Variance $1,250.00 Mobility 1400.00 Trafficwa Waiver $4,000.00 Vacation—Road Easement 53 500.00 Alcohol Extended Hours License Application $2,250.00 Alcoholic Beverage Waiver $1,000.00 Zoning Review: State Liquor License 50.00 Outdoor Seating/Dinning 100.00 Assisted Livinq Facility 65.00 CRA Grant Application 800.00(up to this amount based on scope of work UNSPECIFIED $ 500.00 PLUS any outside costs incurred by the city as per"Section 685-10" Revised-823-11 As per City Commission Approval Resolution #2011-090 4of4 16 RESOLUTION#2016-021 LAW OFFICES DOUMAR, ALLSWORTH, LAYSTROM, VOIGT, WACHS & ADAIR, LLP 1177 SOUTHEAST THIRD AVENUE JOHN H.ADAIR,Tr,P.A. FORT LAUDERDALE, FLORIDA 33316-1109 BENJAMIN R. DISHOWITZ, P.A. EMERSON is WORTH, P.A. BROWARD (954) 762-3400 RAYMOND A. DOITMAR,P.A.- E.SCOTT A_LLSWORTH,P.A. TOLL FREE (866) 242.9488 C.WILLIAM LAYSTROM,JR., P.A. IVIARK E.ALLSWORTH, P.A. TELEFAX (954) 525-3423 JOHN D.VOIGT, P.A. WEBSITE: SFLALAW.COM JEFFREY S.WACHS,P.A.+ +ALSO ADIlIITI"ED IN PENNSYLVANIA OF COUNSEL JOHN TORMERLY ADMITTED INMICHIGAN JODIE SIEGELL, P.A. W. P.A.PA December 29, 2015 Re: DCOTA Hotel Renovation- Special Exception Use Approval COHEN DANIA BEACH HOTEL, LLC RESPONSES TO CRITERIA FOR SPECIAL EXCEPTION USE APPROVAL The Applicant currently has an application pending to amend the site plan of the existing Sheridan Hotel located at 1825 Griffin Road to provide for both interior and exterior remodeling and to re-brand the hotel as Le Merldien Hotel. As part of this site plan amendment process, the staff has identified one or more variances which the Applicant will need to seek in order to accomplish this new plan. Specifically, it has been determined that the hotel use is a special exception use in this zoning district. Although the hotel was obviously approved, it appears that the special exception was never specifically granted, and the Applicant seeks to rectify this oversight. As part of this request for special exception use approval, the City must consider as part of its determination the following criteria: (1) That the use is permitted as a special exception use as set forth in the use regulations of Part 1 of this code; The use is permitted in the use regulations of Part 1 of the code. (2) That the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located; Since the hotel is an existing use, it has already been proven that it will not have a detrimental impact to the 17 RESOLUTION#2016-021 value of contiguous uses and to the zoning district where it is located. (3) That the use will be compatible with the existing uses on contiguous property, with uses in the general area and zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning; Again, since the hotel is an existing use, it has been shown conclusively that it will satisfy this portion of the criteria, and that it is a compatible use with the surrounding areas. (4) That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities; The landscaping is being improved as part of the site plan modification application. Since it is an existing hotel use, the existing landscaping has been deemed adequate as a buffer. (5) That adequate parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets; Since this is an existing hotel use with only a site plan modification, the Applicant is ensuring that the adequate parking that is existing will remain. (6) That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located Iin the general area or an environmental impact inconsistent with the health, safety and welfare of the community; The hotel use will not have a detrimental environmental impact as has been shown in its years of existence. (7) That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community; 18 RESOLUTION#2016-021 Since it is an existing hotel use that is not being enlarged, but rather only modified and improved, the impact on vehicular and pedestrian traffic, parking and the like will not change. (8) That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance; The traffic flow pattern is not changing from the existing use, so this portion of the criteria should already be satisfied. (8) That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the comprehensive plan; There •is nothing to suggest that a hotel use will have a detrimental impact on future development, but rather should help encourage future development with the remodeling and upgrades being provided by the Applicant. (10) That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character; Since the use is already existing and is not being enlarged, the Applicant would submit that it has already met this portion of the criteria. (11) That the use will not overburden existing public services and facilities. Since the use is already existing and is not being enlarged, the Applicant would submit that it has already met this portion of the criteria. Respectfully submitted this 67w `day of January, 2016. i - Z4�C. WILLIAM LAYSTROM, JR. 19 RESOLUTION#2016-021 I fl-TrEMS CORRESPONDINGIDSCHEDUEE ll,"I INFORMATION -*FetioN 11 T'VANIS10 CIMEOL)SNOTEV:: TCH! '100 HjRACA117IIHEHMHOHDCK- p H,H. rv, vic HC rigs .DE t.. ICl—I—th— 0/20VE.—I—A."NERELOCk- some CHHH. ... CD whom.MILMFANIA.SFOTIGNIOAD.UWERIIIESCOPECf AHHQ-.bl.l. .. r 1 ^, .: . I-,'q M—..HOW DM THE W.HAM POHOPEWIMOIIIE-.CC0Ar—. 0 A AT At........... —1........0 1. ............73—Y 1 ..........ellu,iw 171 L:GX...I IATM TH— —W I I =- r. A '" C)MADCAP.(X H.MORN Hew VAS - -Meng 111 1.-Mg Mb.r. o IT010.6911A, IH—tRflII3I..-,HIOII—�HJD— EE T h 1.1.181A I PIX,—I M..SHOHAM is (B)THE myl Ot1p'IwlvOutvmMimClWlal mnEnWHrrtlC tat nom.. Hre.—knrAHO ne.Med H—R. ......... 0 LHOIME SWIM HITECTIVENONNI 123.27.1 11.1-1140.01114.2—VA ILI,1., .41.1 pp 1 111.11 TUP" oA IM12 0',1 A— w NHEI.HLOI,,.--LY(&H HA�Hair MOM-�imum. �,O —HZ MC f.—Il H.01--X IVO-, —.1 cow Tbmwsmt SHH-1,HH- T 1.41111.4i..l-COMM—CHY. 0 -mm— I.,—�vyN MA AN, Oiap �Cp —IAH-CCHA.HW—1 �—.21". PC..RIMoLn,.ANCYCH NOMM RECORD DESCRIETV14 LEGEND OF SYMBOLSVABBRE)IIA[laile'l Harr-A A, oal X, I Huy— ua At.cee I 0 MOAK W..C9 111— AHHHI- mx!= NPNpo,hmt— C tVk.MH H-1, H—, ShWaWn at FIL LawWmlaW Akpat RvJW Ebw I U—C-ft Jr.) 102500910P�ADMAAn B Ult!DF!<lJ]-EQFWWSLA754130 0A8mY16'IfVN4T181Za61ltfiWz WAIPAW lmp.Y 0 —3-My-, WAR 109.IIAAIYAJ.V111. —hHA­HHHH=r'THLHIHIEH­,It 078,7e/,74 4 H, H 'L.I.4 PH 0-- MO.— z tAMNO,NOOKmlV 1.—8 W.—10....ATED ADSR aw 04 61=M. H.Y.,C.1 0­yEl H.— :1 U I431'A— Rg.CIMS RECRCCH[IMIIE RCM, Z &9 45 P A K, QT.I I- 0 2,3 12 1 .. A —CH PRELMNAW 0 im za UM OR [AECRENd,, 1.7.217H HEMORtIPROV—DI-I SIGNIFiCANFOBSERYATIOI6StirMinji 'ROJECTREVISIOK.RECORD: AA 1. --tmu", .—I E� It—At CORP. " IYROHI STH4. 1.COMM/. cNCN ==01 THE M .111 CH'HTl.,ot PMm%CI 11 Ell. N0611000500.0.021 l O—U- H.—CO 1 FBArt711 A :7CAUGENSED SOMM0R"I6ff& 1 ICQC—M M—1. ]IW getlad wftb pfflftKt*"Idol votdo,=00=14p, 20 RESOLUTION#2016-021 a t --------------------_—------ _ - -- s>a --- Newt« cHma — Eant:eeser _ - �-- --2r-_ _-___ ------__-___l —r- — -1—rT I" — I fill i ef; 1 _ 1 N■ry1N'Eee �fX P'9 � I� — 1 e L (D® I � I I x� ID-1 icl {t It N I 9_< I I i I (0.47cg nsui.; 84 0.0 v 021, 07,4 Y NOWSSITEM =Tree c-r1�L3�W:SYMBbLS'X'PBHRF�IA. -n N°`Y- PREPAF fee.MYLO)A \ ---'• .tv. (ALTNAL,ZiM LAND TITLE SURVEY) Sheratm at Ft Lauderdale Aaport Projed FDF....bmthp.l.-y-M.. 21 RESOLUTION#2016-021 EXHIBIT "D" See Attached Variance Applications (VA-12-16) (VA-13-16) (VA-14-16) (VA-15-16) (VA-16-16) 10 22 RESOI s►txsr City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 9246805 X3643 (954) 922-2687 Fax Standard Development Application o Administrative Variance p Land Use Amendment Plat o ReMning Date Reed: She Plan pSpecial Exception Petition No.: o Variance Other: (SEE APPLICATION TYPE SCHEDULE ON PAGES 3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNM IT IS COMPLETE AND SUBMTI'TED 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. L o c a t i o n A d d r e s s : 1 8 2 5 G r i f f i n R o a d Lot(s): Parcel Block: Subdivision : Plat Book 118 Page 11 Recorded Plat Name : Design Center Hotel / Office Complex Parcel B of the Design Center Hotel/Office Folio Number(s): 5042-33-36-0010 Legal Description: Complex Plat (Plat Book 118, Page 11) Applicant/Consultant/Legal Representative (circle one) C. William Lays trom, Jr. Address of Applicant: 1177 S.E. 3rd Avenue, Fort Lauderdale, FL 33316 Business Telephone: 954-270-3226 Home: 954-581-1738 E-mail Fax: 954-525-3423 address: blaystrom@aol.com Name of Property Owner : Cohen Dania Beach Hotel LLC A d d r e s s o f P r o p e r t y O w n e r : 1 8 2 5 G r i f f i n R o a d Business Telephone : 954 - 762 - 3400 Home : Fax : Three Landscape Variances from LDC 275-100 Explanation of Request: Sections (C),(D), and (E). See attached. For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Section 62540 of the Land Development Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: 569,597 E x i s t i n g U s e H o t e I H o t e I Proposed Use: 23 RESOLUTION#2016-021 Is property owned individually, by a corporation, association, or a joint venture? AUTHORIZED REPRESENTATIVE we frilly aware of the request being made to the City of Dania Beach. NI/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 Ci of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania each Land Dev oilmen Code. STATE OF FLORMA COUNTY OF BROWARD By: ' The foregoing instrument (Owner / Agent si ature*) was acknowledged BEFORE ME THIS O I]PIYT 20 I o C. William Laystrom, Jr. (Print name of person acknowledging) (Joint owner signature if applicable) Nohny\ Ple� R k c j e a f i �� NK03N1V#FF131171 D(PDtES'Jay 19,2018 (Signature of Notary Public—State of .brrcle--� '�`., Personally known or Produced Identification Type of identific atton Fod+uced: or Drhmrs 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 BEAUTOMATICALLYSCMEDULED FOR A MEETING, ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS, 2 of 4 25 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCHEDULE i NCONM IZM SUBWWALS ARE NOT ACCEFrABLE FOR REV11LV AND PROCJESMG. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications.These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per 'Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. APPI-MATInN TYPE PER, LAND USE Assignment of Flex Units or Filing fee= $4,000.00 plus$5.00 per flex, reserve or LAC/RAC unit or hotel room or Acreage $100 per acre or portion of such area Includes Staff prppessi 2 review adverdsing and notice costs Change of Land Use Filing fee = $7,000.00, plus$500.00 per acre or portion of area Includes Staff processft 2 review advertisinq and notice ZONING Change of Zoning (Rezoning) Less than 2 acres-$2,500.00 Greater than 2 acres-$6,000.00 Indudes Staff processing,2 review cydes,advertising and notice costs Zoning Code Text Change Changing the list of Permitted Uses-$6,000.00 General Text-$2,000.00 Includes Staff processing,2 review cycles,advertising and notice costs PLAT (Perimeter) Filing fee= $2550.00 plus$50.00 per acre or portion of such area (Subdivision)Filing fee= $2550.00 plus$100 per acre or portion of such area Includes Staff processeng,2 review cydes,advertising and notice costs Delegation Request $1,500.00 Indudes Staff processing,2 review cyder,advertising and notice costs SITE PLAN Residential,Hotel,Condo-Hotel, Filing fee = $1.000.00PLUS410.00 per unit _ Time-Share, Motel Plus retainer for staff consultant review,administrative and notice cost$5,000.00 Minimum fee=$6,100.00 Includes Staff processing,2 review cydes,advertising and notice costs All other uses Fffinm fee =$1,000.00 PLUS I in : $5.00 : 100 s.f.for 1st 10,000 s.f.,$2.00 : 100 s.f. in excess of 10,000 s.f Plus retainer for staff/consultant review,administrative and notice cost$4,000.00 Minimum fee=$5,500.00 Irx�Judes Staff processing,2 review cydes,advertising and notice costs Site Plan Revisions $2,500.00-Includes staff processing and up to 2 review cyder. Additional variances associated with any revision to a site plan are dtarged according to 0e associated variance type. Extension of Approval(s) $1,250.00—Single Extension(PLUS)an additional (Site plan,variance,special $ 250.00 for each associated approval exception requests) 3of4 26 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCHEDULE INCOMPLETE SUBMWALS ARE NOT ACCEPTABLE FOR REVIEW AND PING. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications. These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per'Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. SPECIAL EXCEPTION SPECIAL EXCEPTION Filing fee= $3,700.00 plus$200.00 per acre or portion of such area (Excluding cell towers) Includes Staff roce�si 2 review cydes adverbstr7g and notice costs SPKJAL fXGEP170N Filing fee = $4,000 Cellular Towers Includes Staff processing,2 review cydes,advertising and notice costs Additional Resubmittal Any additional review or public notice required by staff or professional consultants due to the (In addition to the standard(2)review cycles) negligence of the applicant will be charged to the applicant as per Article 685-10 Cost recovery for Development Review of the Dania Beach Land Development Code. VARLANCM APPEALS&WAIVERS Administrative,Single Family $ 300.00 Administrative,all other $ 500.00 Single Family/Community Facility $ 490.00 Duplex $1,050.00 Triplex $1,150.00 Multifamily,Hotel,Condo-Hotel(per variance) $2,300.00 Nonres. r variance $2 000.00 Wail Sin $ 700.00 Monument Sign $1,200.00 Pole Sign Aspermitted) $2,400.00 Appeal (single family&comm fac) $ 650.00 Appeal all other uses $1,925.00 Dumpster Appeal to Corn. Dev. Dir. $ 200.00 Dumpster Appeal to City Corn. $ 500.00 Alcoholic Beverage Variance $1,250.00 Mobility $1,400.00 Trafficwa Waiver $4 000.00 Vacation—Road/Easement $3,500.00 Alcohol Extended Hours License Application $2 250.00 Alcoholic Beverage Waiver $1,000.00 Zoning Review: State Liquor License $ 50.00 Outdoor Seating/Dinning Seating/Dinning $ 100.00 Assisted Living Facility $ 65.00 CRA Grant Application 800.00(up to this amount based on scope of work) •UNSPECIFIED $ 500.00 PLUS any outside costs incurred by the city as per"Section 685-10" Revised—8-2341 As per City Commission Approval Resolution #2011-090 4of4 27 RESOLUTION#2016-021 January 5,2016 Corinne Lajoie, AICP, LEED GA Planning and Zoning Manager NIEVERA City of Dania Beach WILLIAMS Community Development Department DESIGN 100 West Dania Beach Blvd Dania Beach, FL 33004 RE: Le Meridien Hotel - Variance Request - LDC Section 275-100 (C) & (D) PZ#: SP-107-15 Dear Corinne, Please find enclosed, for your review and consideration, Nievera Williams Design (NWD) request for variances from the ensuing land development code sections: Land Development Code Section: 2 75-1 00 Interior landscape requirements for vehicular areas (VUAs) Code Section Requirement: PALM BEACH Section (C) Intermediate landscape peninsulas 223 Sunset Avenue 1) There shall be no more than twelve (12) parking stalls along the same Suite 150 Palm Beach,FL33480 parking aisle without an eight-foot-wide by fifteen-foot-long P:561.659.2820 F:561.659.2113 intermediate landscape peninsula (exclusive of curb dimensions). NEW YORK Each peninsula shall have a minimum of two (2) category 2 or 39 Fifth Avenue category 3 trees, or a minimum of one (1) category 1 tree, provided Suite3C that the peninsula width is increased to ten (10) feet. New York,NY 10003 P:212-533-2683 2) Intermediate peninsulas may be spaced to allow up to twenty (20) F:56+1-659-2113 parking stalls between them along the same parking aisle when a nieverawilliams.com 28 RESOLUTION#2016-021 minimum width of ten (10) feet plus one (1) foot for every extra parking space over fifteen (1 5) is added to one (1) of the adjacent LWI islands in the row. These islands must contain a minimum of two (2) category 1 trees. NIEVERA Section (D) Terminal landscape peninsulas WILLIAMS Terminal landscape peninsulas shall be ten (10) feet wide and as long as the DESIGN required length of the parking stall in that aisle (exclusive of curb dimensions). Each peninsula shall have a minimum of two (2) category 1 trees. PALM BEACH 223 Sunset Avenue Suite 150 Palm Beach,FL 33480 P:561.659.2820 F:561.659.2113 NEW YORK 39 Fifth Avenue Suite 3C New York,NY 10003 P:212-533-2683 F:56+1-659-2113 nieverawilliams.com 29 RESOLUTION#2016-021 N Variance Request Justification: The property in question is an existing site approved by the City of Dania W Beach prior to enacting the current land development code (LDC). Due to this constraint it has proven difficult for Nievera Williams Design (NWD) to NIEVERA satisfy the intermediate landscape peninsulas LDC requirement while WILLIAMS DESIGN meeting the code minimum parking requirements, without redeveloping the site. The existing condition in the north (northwest) parking area provides for two (2) to three (3) foot wide intermediate landscape peninsulas and terminal landscape peninsulas, although this satisfies the number of intermediate peninsulas it does not satisfy the overall size requirements for them. NWD is proposing to remove the existing 2'-3' wide intermediate landscape peninsulas and add that additional area to the respective terminal landscape peninsulas opening them up to approximately nine (9) feet wide from three (3) feet wide. Those existing intermediate landscape peninsulas are of inadequate size to promote large and healthy shad trees, which is currently manifested on-site where the vast majority of shade trees in those undersized peninsulas are either in very poor health or currently dead. PALM BEACH 223 Sunset Avenue Suite 150 Although, this scenario is still insufficient in the number of intermediate Palm Beach,FL 33480 P:561.659.2820 landscape peninsulas provided and non-conforming in the required 10' F:561.659.2113 wide terminal landscape peninsulas - by enlarging the terminal peninsulas NEW YORK to nine feet wide in those areas, it has allowed NWD to propose new 39 Fifth Avenue Category 1 Shade Trees in those respective terminal peninsulas where their Suite 3C New York,NY10003 installation size will be at 16' height overall. P:212-533-2683 F:56+1-659-2113 nieverawilliams.com 30 RESOLUTION#2016-021 There are additional instances of non-conforming intermediate peninsula peninsulas throughout the site in terms of the required spacing of one intermediate peninsula per 12 parking spaces. Those intermediate peninsulas happen to be of a more significant width, five (5) feet and more, NIEVERA where we feel they are large enough to support the health of the larger WILLIAMS canopy trees that they are currently housing. We are also requesting a DESIGN variance on those circumstances to alleviate any negative effects on the total parking count for the site. PALM BEACH 223 Sunset Avenue Suite 150 Palm Beach,FL 33480 P:561.659.2820 F:561.659.2113 NEW YORK 39 Fifth Avenue Suite 3C New York,NY 10003 P:212-533-2683 F:56+1-659-2113 nieverawilliams.com 31 RESOLUTION#2016-021 January 6, 2016 Corinne Lajoie, AICP, LEED GA Planning and Zoning Manager City of Dania Beach NIEVERA Community Development Department WILLIAMS DESIGN 100 West Dania Beach Blvd Dania Beach, FL 33004 RE: Le Meridien Hotel - Variance Request - LDC Section 275-100 (E) PZ#: SP-107-15 Dear Corinne, Please find enclosed, for your review and consideration, Nievera Williams Design (NWD) request for variances from the ensuing land development code sections: Land Development Code Section: 275-100 Interior landscape requirements for vehicular areas (VUAs) Code Section Requirement: PALM BEACH (E) Vehicular use landscape areas abutting buildings. 223 Sunset Avenue Suite 150 Palm Beach,FL 33480 1) Requirements for site plans not within CRA-form-based districts. A P:561.659.2820 F:561.659.2113 landscaped area having a minimum width of five (5) feet, or the NEW YORK equivalent square footage, shall separate the VUA from the walls of a single story building. The minimum landscaped area width shall 39 Fifth Avenue Suite 3C increase by five (5) feet for each additional story up to a maximum New York,NY 10003 landscaped area of twenty-five (25) feet. If the site constraints and P:212-533-2683 F:56+1-659-2113 configuration limit the ability q to provide the required dimensions 9-211 nieverawilliams.com 32 RESOLUTION#2016-021 adjacent to the building, a minimum five (5) feet of landscaping, or the equivalent square footage, must be provided adjacent to the building, and the additional required square footage not provided adjacent to the building must be added to the perimeter landscape buffer of the site. NIEVERA WILLIAMS DESIGN PALM BEACH 223 Sunset Avenue Suite 150 Palm Beach,FL 33480 P:561.659.2820 F:561.659.2113 NEW YORK 39 Fifth Avenue Suite 3C New York,NY 10003 P:212-533-2683 F:56+1-659-2113 nieverawilliams.com 33 RESOLUTION#2016-021 Variance Request Justification: The property in question is an existing site approved by the City of Dania Beach prior to enacting the current land development code (LDC). Due to this constraint it has proven difficult for Nievera Williams Design (NWD) to NEVERA satisfy the vehicular use landscape areas abutting the building requirements WILLIAMS and/or the alternative area mitigation option, while maintaining the code DESIGN minimum parking requirements and the spatial programming of the Hotel's outdoor common spaces/activities. There are portions of the building frontage along the north facade, northwest building corner, and west building fagade where the hotel tower exceeds two stories and therefore requires more than the ten feet landscape area provided by our plan. Even with the exception for loading zone access and vehicular drop off areas there is still several hundred square feet for dedication necessary by the vehicular use landscape areas abutting the building code requirements. Although, we do have a shortfall of area required by the vehicular use landscape area abutting the building and there is limited space available along the south and west perimeter buffer - that space has been dedicated to the spatial programming of outdoor common spaces/activities. PALM BEACH 223 Sunset Avenue Suite 150 Due to these restrictions we are requesting a variance from the portion of Palm Beach,FL 33480 P:561.659.2820 LDC 275-100 Interior landscape requirements for vehicular areas (VUAs) F:561.659.2113 NEW YORK Section (E) Vehicular use landscape areas abutting buildings, which cannot 39 Fifth Avenue be brought into compliance without affecting the overall integrity of the Suite 3C project. New York,NY 10003 P:212-533-2683 F:56+1-659-2113 nieverawilliams.com 34 RESOLUTION#2016-021 NIEVERA WII JAMS DESIGN PALM BEACH 223 Sunset Avenue Suite 150 Palm Beach,FL 33480 P:561.659.2820 F:561.659.2113 NEW YORK 39 Fiflh Avenue Suite 3C New York,NY 10003 P:212-533-2683 F:56+1-659-2113 nieverawilliams.com 35 RESOLUTION#2016-021 LAW OFFICES DOUMAR, ALLSWORTH, LAYSTROM, VOIGT, WACHS & ADAIR, LLP 1177 SOUTHEAST THIRD AVENUE JOHN H.ADAIR,III,P.A. FORT LAUDERDALE, FLORIDA 333 16-1 1 09 BENJAMIN R. DISHOWITZ, P.A. EMERSON ALLSWORTH, P.A. BROWARD (954) 762-3400 RAYMOND A.DOUMA_R.,P.A. E.SCOTTALLS WORTH,P.A. TOLL FREE (866) 242-9488 C.WILLIAM LAYSTROM,JR.,P.A. MARK F. AT.T 4 WORTH.P.A TF.LF,FAX (954) 525-3423 .TOT4N n. VOTrIT P.A. WEBSITE: SFLALAW.COM JEFFREY S.WACHS,P.A.+ +ALSO ADMITTED IN PENNSYLVANLA OF COUNSEL "FORMERTY ADMITTED TN MTCHK;AN .JOHN W. PERLOFF. P.A. JODIE SIEGEL,P.A. January 6, 2016 Re: DCOTA Hotel Renovation - Landscape Variance COHEN DANIA- BEACH HOTEL, LLC RESPONSES TO CRITERIA FOR LANDSCAPE VARIANCES The applicant currently has an application pending to amend the site plan of the existing Sheridan Hotel located at 825 Griffin 'Road to provide for both interior and exterior remodeling and to re-brand the hotel as Le Meridien Hotel. As part of this site plan amendment process, the staff has identified one or more variances which the applicant will need to seek in order to accomplish this new plan. Specifically, the applicant requires variances as to the size and number and distance between intermediate landscape peninsulas and terminal landscape peninsulas in the parking lot, plus to reduce the size of the interior landscape required area for vehicular areas . These are detailed in the two attached letters. As part of this request for a variance, the city must consider as part of its determination the following criteria: (1, Whether the special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Special conditions and circumstances exist to the extent that the applicant is remodeling an existing hotel where the parking and landscaping was approved many years ago pursuant to an older code. At this point, it is impossible space wise to comply with both parking and landscape requirements. In meetings with the staff, it was determined that the parking compliance was the more crucial component, but that the applicant would strive to upgrade landscaping wherever possible. Unfortunately, the applicant has no room 36 RESOLUTION#2016-021 whatsoever to increase the size of landscape areas or peninsulas within the existing parking lot . As a result it is the applicant ' s position that special conditions and circumstances do exist. (2 ) whether the special conditions and circumstances do not result from the actions of the applicant; The special conditions and circumstances do not result from this applicant ' s actions to the extent that they already exist and were approved by the city. For a large hotel, the applicant cannot sacrifice parking and unfortunately does not have the space to accommodate full parking compliance and full landscape. (3) Whether granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, buildings or structures in this same zoning district; The applicant would submit that granting of the variance would not confer any special privilege that would be denied to any other applicant in the district that faces the same circumstances . The existing landscaping is approved by the city and the requirement to upgrade to a code which cannot be met is triggered by the applicant ' s refurbishing of the hotel, which will serve only to improve the facility and its appearance . The applicant would hope that this is in keeping with the City' s "goals" . (4) Whether literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on the applicant; A literal interpretation of this code provision would deny the applicant with adequate parking in which to run a major hotel and meeting center. The purpose of the remodeling of the hotel is to insure the long term liability of the facility, which cannot be accomplished if parking is severely limited as would be required to meet the landscape requirement. (5) Whether the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 37 RESOLUTION#2016-021 The variance granted is the minimum variance in that it is essentially the existing approved landscaping which the applicant is asking to maintain. There are some areas of configuration or slight diminishment which cannot be ebounded in order to maintain the required parking count . The applicant is not seeking to reduce landscaping, but only to provide landscaping which will accommodate the proposed amended site. Whether the variance granted will be in harmony with the general intent and purpose of this Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; The variance granted should be in harmony with the general intent and purpose of the Land Development Code in that it is essentially a renewed approval of existing landscaping and is necessary to maintain adequate parking for the hotel . Again , granting of the variance would not be injurious to the area or otherwise detrimental to public welfare because the landscaping is already in existence and was originally approved by the city in current condition. The applicant would offer that the existing hotel with its current landscaping is in no way detrimental to the community. Respectfully submitted this 6th day of January, 201 C. WfftIAM LKY91fROM JR 38 RESOLUTION#2016-021 CCRD'DESCRIETIONT: 110 n-G. srFE J-7 /k.a,.V AAO.01.0.. L.A.,40 IV,.—...........................11.40120 :71.7-W 7.7 t A LT A A C S M:LA N E I T I T L E S U R V P r 02 Sheraton at Ft.Lauderdale Airport Project IAC P.M AS 201400901,001 R.1. a)w it—R1110 Road,mMa,R Z RE4) R RASE.UPON�ORDER NO.47,1130 1,- id OF M OELGYNATONA=INSURANCE COUPANY BUM-AR EFFECTIVE DATE OF APRILS,2014 11d10 PAL 0 — a—. PAPA­ MC040 W41.10.0.(.1)0.I-10—U.Its d) i> —,AJA.AI—LAAA­ A. 0 .01.2411��10101.412.4.%M�lIOALT.C.1.007MOD.all'"' < -,I an KWA, ova lad,.A,, 1-111..a uarlana,09 0a, 1J.". .191, Cr M.._t T Pig 0< Z U. to a r- r —.1135tNENC90W�.a,rsUANORT.—VVAI— m'2 111U�WFMD�5�.UL,I-OFLM10.13.10�A SUR AG110. PU,d1,M117P,-0.0PWEA­a d—frE,Cm,piS/470 11 19 PRELIMINARY zu NOTE —/A MAMMA A1076.SNAXAA., & 1....1—N IN M PACE CAN AREII 100 0*0110110*1*01. SIDNAACATAIN MA 01 SAL. 'AAA SWAN. C00NA11AGO TA Vad...CAffwMMEM.1A..17 000(A.AK US 39 RESOLUTION#2016-021 s -------- -- r GRB+MROAD eal¢xa —— affxNm.W,re oarWarnfL• a — —— — — ��••�:• ----- a: -r - - - T I- - - - - - - - - I -- -r l 7 a. I �� ,e•... Z --------- Ii CO aaL � I I — 1 ° I. Q® S I �.�--------- - ---- - I 1%r M-; T i' I 1 S -------- M'� -- -� O YI' j W.� s .Ilco -ffrvraa _.•�..... ' +� ,I ,e I o D) af 71Lf., s .0 I mo _ sS yy '0 m 8 i -~-- ( p s I c3 8 SCALF,I •• j"117 is r.F. ( "'°° `- ^' ALTA/A(SM LAND TITLE SURVEY •0 .C•e,141m0 NI fOA: ..�. 9maGon at FLauder Lauderdale AiPort Mogect a.mnuAWer:AWmsA.vu .mvcoaov-v •vv.-n o. •Df.•.. ..A..rb:y 40 RESOLUTION#2016-021 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6805 X3643 (954) 922-2687 Fax Standard Development Application O Administrative Variance O Land Use Amendment O Mat • ReDOt��g -- Date Redd: O Site Plan O Special Exception Petition No.: Variance Cl Other: (SEEAPPLIC4770N TYPE SCHEDULE ON PAGES 3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBNIITTED 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: 1825 Griffin Road Lot(s): Parcel B Block: Subdivision: Plat Book 118 Page 11 Recorded Plat Name: Design Center Hotel/Office Complex Folio Numbers : 5042-33-36-0010 Parcel B of the Design Center Hotel/Office ( ) Legal Description:Complex Plat (Plat Book 118, Page 11) Applicant/Consultant/Legal Representative (circle one) C. William Laystrom, Jr. AddressofApplicant: 1177 SE 3rd Avenue, Fort Lauderdale, FL 33316 Business Telephone: 954-270-3226 Home: 954-581-1738 E-mail Fax: 954-525-3423 address: blaystr om(a,aol. coin Name of Property Owner : Cohen Dania Beach Hotel LLC Address of Property Owner : 1825 Griffin Road Business Telephone: 954-762-3400 Home: Fax: Sign Variance as part of Site Plan Amendment- E x p l a n a t i o n o f R e q u e s t : H o t e l R e n o v a t i o n For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Section 62540 of the Land Development Code. Prop.Net Acreage: Gross Acreage: Prop. Square Footage: 569,597 Exi fi Use: H o t e 1 Proposed Use: H o t e 1 1 cif 4 41 RESOLUTION#2016-021 Is proPertY owned individually, by a corporation, association, or a joint venture? AUTHORIZED REPRESENTATIVE I we are hilly 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. /we are fully aware that all approvals automatically expire within 12 months of City f Beach Planning and Zoning Board or City Commission approval, or pursuant to the piration timefmme listed in Part 6 of the Dania Beach Land De lopme t Code. STATEOFFLORMA COUNTY OF BROWARD By. The firegoing instrument (Owner / Agent signature*) was acknowledged BORE ME THIS DAY OF 20 1�0_ By C. William Laystrom, Jr. (Print name of person acknowledging) pa owner signature if applicable) Notary 116-t, MMfWRCEEUsoiv tAt-ngJ.JUY lye 4115 (Signature of Notary Public—State of Florid& Bonded i Personally known or Pro&ioed IdentHlcatkm Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or a�sociati,on, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the a ti )n if an authorizedagent signs for the owner(s)- NO APPLICA TION WILL BEAUTOMATICALLYSCHEDULED FORA MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2 of 4 42 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCHEDULE INCOMPLETE SUBMITTALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications. These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per "Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. APPI TVATION TYPE FEE LAND USE Assignment of Flex Units or Fling fee= $4,000.00 plus$5.00 per flex,reserve or LAC/RAC unit or hotel room or Acreage $100 per acre or portion of such area Indudes Staffjorocessing,2 review cyder,advertising and notice costs Change of Land Use Filing fee = $7,000.00, plus$500.00 per acre or portion of area Includes StaffDrocessing,2 review cydes,adverb-sing and notice costs Change of Zoning(Rezoning) Less than 2 acres-$2,500.00 Greater than 2 acres-$6,000.00 Includes Staffprm!ssing,2 review cydes,advertising and notice costs Zoning Code Text Change Changing the list of Permitted Uses-$6,000.00 General Text-$2,000.00 Includes Staff processing, 2 review cycles,advertising and notice costs PLAT (Perimeter) Filing fee= $2550.00 plus$50.00 per acre or portion of such area (Subdivision)Fling fee=$2550.00 plus$100 per acre or portion of such area Indudes Staff processing,2 review cycles,advertising and notice costs Delegation Request $1,500.00 Indudes Staflproaessing,2 review cyder,advertising and notice costs SITE PLAN Residential,Hotel,Condo-Hotel, — Time-Share,Motel Plus retainer for staff consultant review,administrative and notice cost$5,000.00 Minimum fee= $6,100.00 Includes Staff'processing,2 review cycles,advertising and notice costs All other uses — $5.00: 100 s.f.for 11t 10,000 s.f., $2.00: 100 s.f. in excess of 10,000 s.f Plus retainer for staff consultant review,administrative and notice cost$4,000.00 Minimum fee= $5,500.00 Includes Staff processing,2 review cycles,advertising and notice costs Site Plan Revisions $2,500.00-Includes staffpraaessing and up to 2 review cydes. Additional variances associated with any revision to a site plan are diarged according to bie associated variance type. Extension of Approval(s) $1,250.00—Single Extension PLUS an (Site plan,variance,special additional$250.00 for each associated approval exception requests) of 4 43 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCEMULE INCOMPLETE SUBMITTALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all applications for land use Plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications. These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the city. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per "Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. SPECIAL EXCEPTION SPECIAL EXCEPTION Fling fee= $3,700.00 plus$200.00 per acre or portion of such area (Excluding cell towers Includes Staff processing,2 review qVcles,advertising and notice costs SPECL4L IXCEPTION Filing fee= $4,000 Cellular Towers) Includes Staff`'processing,2 review cydes,advertising and notice costs Additional Resubmittal Any additional review or public notice required by staff or profieswrial consultants due to the (In addition to the standard(2)review cycles) negligence of the applicant will be charged to the applicant as per Article 685-10 Cost recovery for Development Review of the Dania Beach Land Development Code. VARIANCES APPEALS&WAIVERS Administrative Single Family 300.00 Administrative all other 500.00 Single Family/Community Facility 490.00 Duplex $1,050.00 Triplex $1,150.00 Multifamily,Hotel,Condo-Hotel(per variance) $2,300.00 Nonres. r variance 2 000.00 Wall Sin 700.00 Monument Sin S1,200.00 Pole Sign Aspermitted) 2 400.00 Appeal(single family&.comm fac 650.00 Appeal all other uses 1 925.00 Dum ster Appeal to Corn. Dev. Dir. 200.00 Dum ster Appeal to City Corn 500.00 Alcoholic Beverage Variance $1,250.00 Mobility 1400.00 Trafficwa Waiver $4,000.00 Vacation—Road Easement $3,500.00 Alcohol Extended Hours License Application $2,250.00 Alcoholic Beverage Waiver $1,000.00 Zoning Review: State Liquor License $ 50.00 Outdoor Seating/Dinning Seating/Dinning $ 100.00 Assisted Living Facility 65.00 CRA Grant Application 800.00(up to this amount based on scope of work) UNSPECIFIED $ 500.00 PLUS any outside costs incurred by the city as per"Section 685-10" Revised—8-23-11 As per City Commission Approval Resolution#2011-090 4 of 4 44 RESOLUTION#2016-021 LAW OFFICES DOITMAR, ALLSWORTH, LAYSTROM, VOIGT, WACHS & ADAIR, LLP 1177 SOUTHEAST THIRD AVENUE JOHN H.ADAIR,III,P.A. FORT LAUDERDALE, FLORIDA 333 16-1 109 BENJAMIN R. DISHOWITz, P.A. EMERSON ALLSWORTH,P.A. BROWARD (954) 762-3400 RAYMOND A.DOUMAR,P.A.* E.SCOTT ALLS WORTH,P.A. TOLL FREE (866) 242-9488 C.WILLIAM LAYSTROM,JR.,PA. MARK E.ALLS WORTH,P.A. TELEFAX(954) 525-3423 JOHN D.VOIGT,P.A. WFRSITF,- SFI,ALAW_COM IFFFRFV S.WACT4S P.A.+ +ALSO ADMITTED IN PENNSYLVANIA OF COUNSEL .FORMERLY ADMTTED IN MICHIGAN JOHN W.PERLOFF,P.A. IODIE SIRGEL.PA. December 16, 2015 Re: DCOTA Hotel Renovation - Sign Variance COHEN DANIA BEACH HOTEL, LLC RESPONSES TO CRITERIA FOR SIGN VARIANCE The applicant currently has an application pending -to amend the site plan of the existing Sheridan Hotel located at 825 Griffin Road to provide for both interior and exterior remodeling and to re-brand the hotel as La Meridien Hotel . As part of this site plan amendment process, the staff has identified one or more variances which the applicant will need to seek in order to accomplish this new plan. Specifically, the applicant is allowed to have one wall sign on the north face of the hotel building only. The applicant is seeking to permit a second . sign on the south face of the building in the same location where the existing sign is . As part of this request for a variance, the city must consider as part of its determination the following criteria: ( 1 ) Whether the special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable • . o other lands, structures or buildings in the same zoning district; Applicant ' s Response: The subject hotel is located -at the southeast corner of Griffin Road and 1-95 within the DCOTA development. The building faces north fronting Griffin Road and has the allowed sign on the north side of the building. This sign is visible from both 1-95 south bound and Griffin Road traffic heading in either direction. Currently, the building has a sign on the south side, which is the only sign visible from northbound traffic on 1-95. The applicant would submit that the unique location of this building next 45 RESOLUTION#2016-021 to an interstate highway requires signage on both sides of the building so it can be identified from motorists on 1-95 passing in either direction. Since the subject use is as a hotel, adequate signage is essential in that many customers of the hotel will be from out of town and will be unfamiliar with its location and will be relying on signage to locate the hotel . The fact that the applicant is only seeking to replace the old sign with a new sign is also unique in that the prior signage was approved and the size of the proposed sign falls within with the city ' s code requirements. (2 ) Whether the special conditions and circumstances do not result from the actions of the applicant; Applicant ' s Response : Since this is an existing hotel with existing signage, the current applicant cannot be held responsible for the special conditions and circumstances concerning the location of the building next to Interstate 95 in the orientation of the building to require signage on both sides . Further , it appears that the special circumstances were approved by the city and extra signage granted as part thereof. ( 3 ) Whether granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, buildings or structures in this same zoning district. Applicant ' s Response : The applicant would submit that granting this variance would not confer any special privilege in that the signage is already in existence •and the applicant is only seeking to replace the existing sign with a new sign for the new hotel brand . It is not believed that this would in any way grant anything special to this applicant that would be denied to other similarly' situated applicants. (4 ) Whether literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on the applicant; Applicant ' s Response: A literal interpretation of this code provision would deny the applicant any signage on the south elevation of the building. As a result, there would be no 46 RESOLUTION#2016-021 signage whatsoever visible to north bound vehicles on 1-95 . This would certainly constitute a significant hardship to the applicant for the operation of hotel on this site and an undue hardship to the applicant does not serve any purpose to the city. Whether the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; Applicant ' s Response: The applicant is seeking the minimum variance in that it is seeking only to replace existing approved signage with a new sign for the new hotel brand. By seeking essentially what the applicant already has been granted in the past, the applicant feels that the minimum request is feasible under the circumstances . Whether the variance granted will be in harmony with the general intent and purpose of this Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; Applicant' s Response: Allowing replacement of existing sign on •a large hotel building should clearly be in harmony with the general intent and purpose of the Land Development Code. Further, the signage will in no way be injurious to other businesses or residents in the area and will simply identify the hotel and its location. Respectfully submitted this 17th day of December, 2015. C. WILLIAM LAYSTROM JR. 47 RESOLUTION#2016-021 ! T..,.PDwLY.. P,La,DALI.D.]].....,L�a.DIL..IIa Pprwo00 N r7r7-'N 11 ITEMS CORRESPONDING TO SCHEDULE B-II WING NFORhvabN ,�'.�,'�,' LY'�. :• t: .nwwnel..Ol.tl..1.]v„I.]O...tr.tv..oe.lOVTs.,.ltt.] -•n•1 s•l'•: L%,Y!?�r.-y;.. •s� 'w '�•�ti•.:i:i..'.i... -.� r.O 9.>]I]OtI.L rWr oOY.Jn00.•0 0l.e,.Oa.O•aa[o iOY•]0c-0 0.WI.+.11Yl1l iv M1,r.tN]10e.... ...a 1 0.ro rl1<,N1.r0.4.. , WE. ax e .,' i TnnY us rD®acD..D.ma•eavrerpepYOaJaD Ant .... jj•:•��r..�"::. PRo,.M/Odt 11.1W.etlYV•VrWRIo11gr0 ROJ.L a\ �',[ , �''�• lY. ill/]AlI.Ir Y_LA1t1lJT•LT Ym< M .•....•.m..ir.•.t P.•T•o w,w,a YC oe,•o j .. • `.7ir•. aI.II,t]J>Y[mrvuocovnl.lemsmlllo.I.o-a>I>Y.I,IwgAe[ •ir 110... P•.C.YYDYrIT•YWIOiDtu.v'IT 1T®. 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S0tF!CAW:013SE VAiXX WD. ;..,,_ a chat..;...:�r...-:COPYRIGHT2014'1 1:'..^•.'y.'`�%:..xR.. .,DD.rPLDT.o.�l�.Tn .[rgwYD.LDDi�..�,Dr _ 'A., �4 1D 61.]a..�.r.A. 4 r nlolsmr� oaaeWA%CORE /, /ouawmCidm0000 M.L DRIJW I!Q•,RIY �•••••• .LRtV6DmrvJD OPF URVB>.ODI OOOOOt i001]I1o0 00]I]t IT]LIU O.IAO.I•ll..O,. I.LlOitlo O,VJt TQIW01Io11JrOYWOO..R.Mn.TKK e1 rr101,rrVIC0�11611.IOl1. 0110 •AO,IID Mtl1,tAlt ro I.,1J[o HAL ITI YITIgeWiI CR!•RE60IVlDCYlMv1..O100Y 4t,0.1t. YIOYn Ilil'IOp6E'IOITI�1.fi". I>• 00100011]]Icdewe%CA b770Wh we.o,aPEPRs.EETSE—.0] YYRtCiIfrOCL -.. - r0T--•YERddALiE3.E..EI3DEE 3ERtECUEEI rrisCB.ErJ�LOUs'Pb7ES? -71 48 RESOLUTION#2016-021 or ' _--------------- Wf -------- --- CNN� 1 RACI11.2523.6] � ara an I'OAD- ��NT�w $ IENOTa1031 _ 6 B11ak 22 ZSS or E M '255r ^ a. $ ------------- --�i ,14 li 1 t _-V M R'Sf9PEW _II a+ - ------------ Twii I _ i nr I 1 I — I t ------------- ---__-. "=--- r3- 1 1 :- O i-Pd - aw�"Iw1M i I Z 1 r ,rw•I � 1 ' PP 3 j-1 1 1 4 I Etft 1. EEr:EErw - { i I' 2 �, " "l7 t �� , I no) .e.e.e..e a aaae t WsZgi ♦fi It it d I q,# �• 1 1 Zto I I 1 u)2 ec2 (CAP If VE '° v i ? i I srctl o 0 t-- SME'r 49 „ ', ; i , O I z I N,EJ W694 SUM04 wee r,erw.u.� r^ DE/X LEGEND'OF'SYMBOESWASSREVIAtTIONS ...,... VALTAACST9 LM 'T U SU2VEY) MiEPARED EOM Sheraton at Ft.Lauderdale Arnort Proiert MFcreMMv,N pOIFad v e r s c o n 49 RESOLUTION#2016-021 Sir, .� City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954)922-2687 Fax Standard Development Application Administrative variance M Land Use Amendment p Plat o Date Reed: Site Plan O SpedalEwepdon Petition No.: O Variance iq Other. (SEE APPLICATION TYPE SCHEDULE ON PAGES 3&4) THIS APPLICATION WILL NOT BE A UNTIE.IT IS COS EM AND Willa TIED 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: 1825 Griffin Road Lot(s): Parcel B Block: Subdivision: Plat Book 118 Page 11 Recorded Plat Name: Design Center Hotel/Office COmplex Folio Numbers 5042.33.36.0010 Parcel B of the Design Center Hotel/Office ( ) Legal Description: Complex Plat (Plat Book 118, Page 11) Applicant/Consultant/Legal Representative (circle one) C. William Laystrom,Jr. Address of Applicant: 1177 S . E . 3rd Avenue, Fort Lauderdale, FL 33316 Business Telephone: 954.270.3226 Home: 954.581.1738 Fax: 954.525.3423 Email address: blaystrom@aol.com Name of Property Owner: Cohen Dania Beach Hotel LLC Address of Property Owner: 1825 Griffin Road Business Telephone: 954-762-3400 Home: Fax: Variance from Section 510.30(H) regarding minimum Explanation o f R e q u e s t : required glass facade 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: Gross Acreage: Prop. Square Footage: 5 6 9 , 5 9 7 Existing Use: H o t e I Proposed Use: H o t e I 1 of 4 50 RESOLUTION#2016-021 Is proPertY owned individually, by a corporation, association, 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 (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 Detelopmgnt Code. STATE OF FLORIDA COUNTY OF BROWARD By . �- The foregoing instrument (Owner / Agent signature* was acknowledged BEFORE ME THIS, t+CF' , 20Ar �_ By: C. William Laystrom, Jr. (Print name of person acknowledging) -(Joint owner signature if applicable) Notary c4146 C ' c42 4 k0.Ufa%A WNWO ]3ITLt (Signature of Notary Public—State of Florida Wo WR S:]*,19„201.8 Banded Thru Notary POW Undemfts 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 a 'cation if an authorized agent signs for the own s . NO APPLICATION WILL BE A UTOMA TICALL Y SCHED ULED FORA MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2of.4 51 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCHEDULE INCOMPLETE SUBMITTALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances, site plans and other zoning related applications.These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per "Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. APPLICATION TYPE FEE Assignment of Flex Units or Filing fee= $4,000.00 plus$5.00 per flex, reserve or LAC/RAC unit or hotel room or Acreage $100 per acre or portion of such area brafudes Staffprowswig 2 review and notice costs Change of Land Use Filing fee = $7,000.00, plus$500.00 per acre or portion of area brdudes&qffpvcessM 2 reveew g0des,adi eying and notice costs ZONING Change of Zoning (Rezoning) Less than 2 acres-$2,500.00 Greater than 2 acres-$6,000.00 brdude s Staf`pmwssing 2 review cydes,aduerftsuW and notice costs Zoning Code Text Change Changing the list of Permitted Uses-$6,000.00 General Text-$2,000.00 Includes Staff processing, 2 review cycles,advertising and notice costs PLAT (Perimeter) Filing fee= $2550.00 plus$50.00 per acre or portion of such area (Subdivision)Fling fee=$2550.00 plus$100 per acre or portion of such area brdudes&qffpmwssing 2 review gook-s,a&Aert rg and notice costs Delegation Request $1,500.00 kwhides Staffpmoassurg 2 review cyder,adr erhwW and notice casts SITE PLAN Residential,Hotel,Condo-Hotel, Filing fee_ Time-Share, Motel Pius retainer for staff consultant review,administrative and notice cost$5,000.00 Minimum fee= $6,100.00 brdudes% pmwssvigs 2 review cyder,adveitiwW and notice casts All other uses — $5.00 : 100 s.f.for 1st 10,000 s.f.,$2.00 : 100 s.f. in excess of 10,000 s.f Plus retainer for staff/consultant review,administrative and notice cost$4,000.00 Minimum fee=$5,500.00 hwhwles% processuig 2 retwty cyder,aduei tisbrg and notice costs Site Plan Revisions $2,500.00-brdudes stq$prooessing and up to 2 review cyder. Adchhond vananaes associated with any rsursion to a srtepkin are dymjed acomdmg to the uan associated iance type, Extension of Approval(s) $1,250.00—Single Extension (PLUS)an (Site plan,variance,special additional $250.00 for each associated approval exception requests) 3 of 4 52 RESOLUTION#2016-021 City of Dania Beach APPLICATION TYPE AND FEE SCEMULE INCOMPLETE SUBMITTALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all epplicati.ns for land use plan amendments, rezoning, special exception use, variances,site plans and other zoning related applications. These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City, the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. The standard review process for all development applications are two (2) review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per "Section 685-10 Cost Recovery for Development Review"of the Dania Beach Land Development Code. SPECIAL EXCEPTION SPECIAL EXCEPTION Filing fee= $3,700.00 plus$200.00 per acre or portion of such area (Excluding cell towers Includes Staff rocessin 2 review c)es advertising and notice costs SPECIAL EXCEPTION Filing fee = $4,000 Cellular Towers Includes Staff processing,2 review cycles,advettising and notice costs Additional Resubmittal Any additional review or public notice required by staff or professional consultants due to the (In addition to the standard(2)review cycles) negligence of the applicant will be charged to the applicant as per Article 685-10 Cost recovery for Development Review of the Dania Beach Land Development Code. VARIANCES,APPEALS&WAIVERS Administrative Single Family 300.00 Administrative all other 500.00 Single Family/Community Facility 490.00 Duplex $1,050.00 Triplex $1,150.00 Multifamily,Hotel,Condo-Hotel(per variance) $2,300.00 Nonres. r variance 2 000.00 Wall Sin 700.00 Monument Sin $1,200.00 Pole Sign Aspermitted) 2 400.00 Appeal(single family 8h comm fac 650.00 Appeal all other uses 1 925.00 Dum ster Appeal to Com. Dev. Dir. 200.00 Dumpster Appeal to City Conn. 500.00 Alcoholic Beverage Variance $1,250.00 Mobility 1400.00 Trafficwa Waiver $4,000.00 Vacation—Road/Easement $3,500.00 Alcohol Extended Hours License Application $2,250.00 Alcoholic Beverage Waiver $1,000.00 Zoning Review: State Liquor License 50.00 Outdoor Seating/Dinning 100.00 Assisted Living Facility 65.00 CRA Grant Application 800.00(up to this amount based on scope of work) UNSPECIFIED i $ 500.00 PLUS any outside costs incurred by the city as per"Section 685-10" Revised—8-23-11 As per City Commission Approval Resolution#2011-090 4 of 4 53 RESOLUTION#2016-021 LAW OFFICES DOLTMAR, ALLSWORTH, LAYSTROM, VOIGT, WACHS & ADAIR, LLP 1177 SOUTHEAST THIRD AVENUE JOHN H.ADAIR,III,P.A. FORT LAUDERDALE, FLORIDA 333 16-1 109 BENJAMIN R. DISHOWITZ, P.A. EMERSON ALLS WORTH,P.A. BROWARD (954) 762-3400 RAYMOND A. DOTTMAR, P.A. E.SCOTTALLSWORTH,P.A. TOLL FREE (866) 242-9488 C.WILLIAM LAYSTROM,JR., P.A. MARX E.ALLS WORTH,P.A. TELEFAX(954)525-3423 JOHN D.VOIGT,P.A. UUPTIQTTP• QPT AT AW Onhfi -VVVD a 117AnvQ n A +ALSO ADMITTED IN PENNSYLVANIA OF COUNSEL *FOR IERLY ADMITTED IN MICHIGAN JOHN W. PERLOFF, P.A. JnDTF.RTF.(;F.T. P A December 29, 2015 Re: DCOTA Hotel Renovation - Sign Variance from Commercial Design Standards, Section 510-30 (H) COHEN. DANIA BEACH HOTEL, LLC RESPONSES TO CRITERIA FOR VARIANCE FROM COMMERCIAL DESIGN STANDARDS, SECTION 510-30 (H) The Applicant currently has an application pending to amend the site plan of the existing Sheridan Hotel located at 1825 Griffin Road to provide for both interior and exterior remodeling and to re-brand the hotel as Le Meridien Hotel . As part of this site plan amendment process, the staff has identified one or more variances which the Applicant will need to seek in order to accomplish this new plan. Specifically, Section 510-30 (H) requires that the ground floor of a commercial building such as this hotel be comprised of at least 35% of glass windows and doors with regard to the primary elevation. The site plan modification submitted indicates that the existing hotel has a 27% glass coverage on the ground floor and, therefore, requires a variance of 8% from this design standard. As part of this request for a variance, the City must consider as part of its determination the following criteria: ( 1) Whether the special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; This is an existing hotel that was approved with this amount of glass and door coverage on the ground floor. The hotel is being remodeled and it is both impractical and virtually impossible to increase the amount of glass 54 RESOLUTION#2016-021 on the ground floor. The Applicant would note that every other floor of the building greatly exceeds the amount of glass required for the ground floor or for the floors themselves. (2) Whether the special conditions and circumstances do not result from the actions of the applicant; Since this is an existing hotel with existing elevations that are only being remodeled and modernized, the current Applicant cannot be held responsible for the special conditions and circumstances which led to -the original approval of the hotel and its existing design . The special circumstances were approved by the City, so the Applicant would ask that the approval be granted a second time. (3) Whether granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, buildings or structures in this same zoning district; The Applicant would submit that granting this variance would not confer any special privilege in that the building is already ' in existence and the Applicant is only seeking to modernize the hotel and change the hotel brand. The Applicant believes that this would in no way grant anything special to this applicant that would be denied to similarly situated applicants. (4) Whether literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on the applicant; A literal interpretation of the code would require the Applicant to essentially rebuild the ground floor of the hotel . Since it is an existing multi-story building, this is not feasible to undertake under the circumstances of the site plan amendment package that has been submitted. (3) Whether the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 55 RESOLUTION#2016-021 The Applicant is seeking the minimum variance in that it is seeking to only maintain what is currently has and not to expand the variance. ( 6) Whether the variance granted will be in harmony with the general intent and purpose of this Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; Allowing the hotel to continue as is with a remodeling should clearly be in harmony with the general intent and purpose of the Land Development Code . Approval of the existing elevations will in no way be injurious to other businesses or residents in the area, since it is an existing hotel. Respectfully submitted this day of January, 2016. ( Z . 1 C. WILLIAM LAYSTR 56 RESOLUTION#2016-021 p.ITEMS CORRESPONDING TOSCHEDULE•1341r. 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TY«'1.Yoew.aewl-s «saosu.« '6'.1 ' 021,0 °°°0T'°°"'.Oe1 57 RESOLUTION#2016-021 •oa eaooanau--au.awa-eo.mo�aP�aa � h , -------- ----"�• GRFFNMAD ' NON.SAT � •�7�'��— O'BXit101a AEl1C� »:C� - - -- �- - - -- 1-I - --- ---- - -'- -- ------------- ------ -- -�- -- - -:x�- - -CV I Y ' t --------------------- Co- ---- ` ! ! o cD ---- -------------------------- - 10 , fir* tLM c§at f i b e I Zy 0.2 0':' zsh,f. MALE 40' —— Xenalr E p 1......LEGEN0.0ESYMBOLSA ABBREVIATIONS. rALTA/ACSM LAND TITLE SURVEY Sheraton at Ft.Lauderdale Airport Project DATE OE REM SURM.J UL 14.W14 NNV.<PROEOT N0.341.OD34�_ PDF.aIOdWlgualFxtXy aialve,sonw.nu."n..cN 59 RESOLUTION#2016-021