HomeMy WebLinkAboutR-2025-129 AMOPT LLC Steel Climbing Structure - (SP-042-20MOD) Design Variation 1 RESOLUTION #2025-129
RESOLUTION NO. 2025-129
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-042-20MOD) AND DESIGN VARIATION (OT-017-25) SUBMITTED BY THE OWNER, AMOPT, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 25 W. DIXIE HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA,
PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. WHEREAS, the City Code of Ordinances, Chapter 28, entitled “Land Development Code”
(the “LDC”), of Part 6, entitled “Development Review Procedures and Requirements”, Article
635, entitled “Site Plans”, states that site plan approval is required as a condition to the issuance
of a building permit; and
WHEREAS, AMOPT, LLC (“AMOPT”) (the “Applicant”) is requesting approval of a
Site Plan Modification (SP-042-20MOD) to install a prefabricated steel climbing structure that is
to be used for training as well as a pre-fabricated aluminum shade canopy over the climbing
structure on the property located at 25 W. Dixie Highway, in the City of Dania Beach, as more
particularly described on the attached Exhibit “A” (“Property”), which is made a part of and
incorporated into this Resolution; and
WHEREAS, the Applicant is requesting approval of a Site Plan Modification (SP-
042-20MOD) to install on the property a new 600 square foot concrete pad to accommodate a 25
feet high prefabricated steel climbing structure and an associated 40’ x 15’ x 30’ tall canopy over
the climbing structure for screening purposes, consistent with the attached site plan provided as
Exhibit "B", a copy of which is made a part of and incorporated into this resolution; and
WHEREAS, the Applicant is requesting a Design Variation from the build-to-line
requirement for the building placement of the canopy (OT-017-25); and
WHEREAS, the Applicant has provided sufficient justification demonstrating compliance
with the approval criteria to meet the requirements of the Code; and
WHEREAS, the City’s staff report analyzes the Applicant’s request based on the criteria
and supports the Applicant’s request and is incorporated by reference herein as the City’s findings
of fact; and
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance
with Article 610 of the LDC; and
2 RESOLUTION #2025-129
WHEREAS, the City Commission finds that the approval of the proposed Site Plan
Modification (SP-042-20MOD) and Design Variation (OT-017-25) are consistent with the City’s
Land Development Code and Comprehensive Plan and will protect the public health. safety, and
welfare of the residents of the city, and furthers the purpose, goals, objectives, and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed and are
made part of and incorporated into this Resolution by this reference.
Section 2. That pursuant to Chapter 28 "Land Development Code," Part 6
"Development Review Procedures and Requirements," Article 635 "Site Plans," the following Site
Plan Modification (SP-042-20MOD) attached as Exhibit "B" is approved.
Section 3. That pursuant to Chapter 28 "Land Development Code," Subpart 1, Article
301, "Legal and Administrative Provisions," Section 301-50, "Variations in design; procedure for
review of design variations," the following Design Variation Application (OT-017-25) is approved
as consistent with the Site Plan provided in Exhibit "B".
Section 4. That the approval granted by this Resolution is subject to the Applicant's
compliance with the following conditions:
1. In the event that the proposed construction causes adverse drainage effects to the surrounding
areas, causing flooding outside of the Applicant’s property identified in Exhibit “A”, it is the
responsibility of the owner of the development to address the concerns of the neighbors and
provide a solution at the owner’s expense. (Engineering)
2. During building permit review additional comments may apply and will need to be addressed
prior to Building Permit approval as part of the permit review process. (Engineering)
3. All outside agency permits and approvals will be required at the time of Building and Right-of-
Way (ROW) permitting. (Engineering)
4. For all projects resulting in buildout of the site, such that construction staging cannot occur on
site, Applicant must obtain Staging Plan approval from the Community Development Director
prior to issuance of a building permit. The Staging Plan must include, but is not limited to, location
of equipment and material during construction. (Planning and Zoning)
3 RESOLUTION #2025-129
5. For all projects resulting in the buildout of the site, such that construction staging cannot occur
on site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for
period of construction prior to issuance of a building permit. (Planning and Zoning)
Section 5. That the associated Staff Report prepared for the above applications is
incorporated into this resolution as findings of fact is ratified and confirmed as being true and
correct and is made a specific part of the Resolution.
Section 6. Pursuant to Section 635-100 “Expiration of Site Plans; procedure for
extension,” of the Land Development Code, the site plan 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.
Section 7. That the issuance of a development permit by a municipality does not in any
way create any right on the part of an applicant to obtain a permit from a state or federal agency,
and does not create any liability on the part of the municipality for issuance of the permit if the
applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state
or federal agency, or undertakes actions that result in a violation of state or federal law.
Section 8. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 9. That this Resolution shall effective 10 days after passage.
PASSED AND ADOPTED on August 26, 2025.
Motion by Commissioner Ryan, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
4 RESOLUTION #2025-129
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
5 RESOLUTION #2025-129
EXHIBIT “A” LEGAL DESCRIPTION
A PORTION OF THE SOUTH 300 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT
RIGHT-OF-WAY MAP SECTION 86515-2601 MISCELLANEOUS PLAT BOOK 6, PAGE 38,
TOGETHER WITH TRACT "A" OF "TACO BELL AT DANIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 166, PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE SOUTH 00°22'42" WEST ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT "A" 25.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, ALSO BEING THE
NORTH RIGHT-OF-WAY LINE OF SW 10TH STREET, AS DEDICATED BY "NORTH
HOLLYWOOD", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 1, OF SAID PUBLIC RECORDS; THENCE SOUTH 89°30'09" WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE 441.19 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SW 2ND AVENUE AS DEDICATED BY DEED
BOOK 679, PAGE 613, OF SAID PUBLIC RECORDS; THENCE NORTH 00°22'52" EAST
ALONG SAID EAST RIGHT-OF-WAY LINE 120.39 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS DEDICATED BY OFFICIAL RECORDS BOOK 2862, PAGE 753 AND OFFICIAL RECORDS BOOK 3315, PAGE 548, OF SAID PUBLIC RECORDS; THENCE NORTH 50°10'42" EAST ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE 283.46 FEET TO A POINT ON A LINE LYING
300 FEET NORTH OF AND PARALLEL TO THE AFOREMENTIONED SOUTH LINE AND NORTH RIGHT-OF-WAY LINE; THENCE NORTH 89°30'09" EAST ALONG SAID PARALLEL LINE 387.66 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1) (STATE ROAD NO. 5), AS SHOWN
ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION
86010-2510, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID TRACT "A"; THENCE SOUTH 00°22'38" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, SAID NORTHERLY EXTENSION, AND SAID EAST LINE 245.50 FEET TO THE EASTERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 44°56'26" WEST ALONG
THE SOUTHEAST LINE OF SAID TRACT "A" 42.10 FEET TO THE SOUTHERLY
SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 89°30'09" WEST ALONG THE SOUTH LINE OF SAID TRACT "A", ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW 10TH STREET AS DEDICATED BY SAID PLAT, 133.47 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, AND CONTAINING 157,302 SQUARE FEET (3.6112 ACRES), MORE OR LESS
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REVISIONS
Date:
Checked By:
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Project No.:2025-122
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05-30-2025
SCH
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No. 41831
STATE OF
L ICENSE
FLORI D A
PROFESSIONAL ENGINEER
SUSA N C HOLLAND
This item has been digitally signed & sealed bySusan C. Holland, P.E. Printed copies of thisdocument are not considered signed and sealedand the signature must be verified on anyelectronic copies.
LOCATION MAP
NOTE:
LEGEND
SUSAN C. HOLLANDSTATE OF FLORIDA PROFESSIONAL ENGINEERLICENSE No. 41831
GRADINGPLAN
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Digitally
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2025.05.28
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POLLUTION PREVENTION FOR DRAINAGE
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REVISIONS
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Checked By:
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05-30-2025
SCH
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No. 41831
STATE OF
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FLORI D A
PROFESSIONAL ENGINEER
SUSA N C HOLLAND
This item has been digitally signed & sealed bySusan C. Holland, P.E. Printed copies of thisdocument are not considered signed and sealedand the signature must be verified on anyelectronic copies.
LOCATION MAP
LEGEND
SUSAN C. HOLLANDSTATE OF FLORIDA PROFESSIONAL ENGINEERLICENSE No. 41831
STORMWATER
POLLUTIONPREVENTIONPLAN
Susan C
Holland
Digitally signed
by Susan C
Holland Date:
2025.05.28
13:18:08 -04'00'
SURVEY DATE: 04/26/25
NOTES:
CERTIFICATION:
LEGAL DESCRIPTION:
.
John F
Pulice
Digitally signed by John
F Pulice
Date: 2025.05.22
12:29:52 -04'00'