Loading...
HomeMy WebLinkAboutR-2025-130 SP-043-24 Braha Dania LLC RESOLUTION NO. 2025-130 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-043-24) AND DESIGN VARIATION (OT-027-25) SUBMITTED BY THE OWNER, BRAHA DANIA, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 225-255 E. DANIA BEACH BLVD., IN THE CITY OF DANIA BEACH, PROVIDING FOR CONDITIONS; CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the Chapter 28, entitled "Land Development Code" (the "LDC"), of Part 6, entitled "Development Review Procedures and Requirements," Article 635, entitled "Site Plans" of the City Code of Ordinances provides that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, Braha Dania, LLC (the "Applicant") is requesting site plan approval (SP- 043-24) for the proposed construction of a mixed-use development on the property legally described in Exhibit "A", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant is requesting site plan approval for the proposed construction of a mixed-use development consisting of 168 condo-hotel units, a 168-room hotel, approximately 19,677 sq. ft. of commercial uses, and 18 rowhouse/townhome dwelling units (SP-043-24) as referenced in Exhibit "B", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant has requested a Design Variation (OT-027-25) pursuant to the provisions in Section 301-50(D), of the LDC, requesting relief from the minimum lot size requirement for the 18 rowhouse/townhome units (OT-027-25); and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; 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; and 2 RESOLUTION #2025-130 WHEREAS, the City Commission approves the proposed Site Plan (SP-043-24) and Design Variation (OT-027-25) to permit the future development of the subject property pursuant to and consistent with the attached site plan provided as Exhibit “B”; and WHEREAS, the City Commission finds that the approval of the Site Plan (SP-043-24) and Design Variation (OT-027-25) are consistent with the City's Land Development Code and Comprehensive Plan and will protect the 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 above “Whereas” clauses are ratified and confirmed, and they are made a 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 (SP-043-24), 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-027-25) is approved as consistent with the Site Plan provided in Exhibit "B". Section 4. That the approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. Show, label, and provide the dimensions for the city parcel 504234290021 between the site and NE 2nd Court on all site and civil plan sheets. (Engineering) 2. A signed, sealed, and dated survey shall be submitted identifying the center line on NE 2nd Court. The survey shall clearly dimension the full right-of-way (ROW) width and center line to center line as well as clear show and label the city owned parcel. (Engineering) 3. Any revisions to the site layout will require a site plan modification. The survey submitted is not clear and needs to be revised to clearly show the center line on NE 2nd Ct. I included at the end, as well as clear show and label the city owned parcel. (Engineering). 4. A signed, sealed, and dated survey of Fronton Boulevard ROW for the length of the property is required to confirm the new edge of pavement along the East side of the project. The site and civil plans shall be revised to show and label the new edge of pavement and ensure that a consistent edge of pavement is shown and dimensioned along the full length of the East side of the development. Dimensions of travel lanes, curb, sidewalks, medians, etc., are required. (Engineering) 3 RESOLUTION #2025-130 5. The Engineer of Record shall provide revised, signed, and sealed civil engineering plans and drainage report addressing pending Engineering comments delineated on Engineering’s DRC approval, dated July 25, 2025. The Architect of Record shall provide revised signed and sealed site plan sheets addressing the pending Engineering comments stated on Engineering’s DRC approval dated July 25, 2025. (Engineering) 6. All building roof areas, including the townhouses, shall be directly connected to the onsite stormwater management system, consisting of an exfiltration trench and drainage wells. (Engineering) 7. At a minimum, the Finished Floor Elevation shall be greater than the 100-year 3-day storm event. (Engineering) 8. The Owner / Developer is required to construct a private lift station onsite and connect to the City’s existing main force in East Dania Beach Boulevard Right-of-Way at their own cost per the DRC plans. (Engineering) 9. Due to the fact that the City of Dania Beach is approaching sanitary sewer capacity with respect to the Large User Agreement between the City of Dania Beach and the City of Hollywood (Reso No.80-90), additional flows to the sewer utility system may generate the need to modify the agreement. The Applicant is responsible for all fees to update the agreement, as may be necessary. This determination is usually made at the COH permitting review. (Engineering) 10. 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) 11. A profile for the proposed Force Main (FM) in the ROW is required. (Engineering) 12. 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) 13. Provide Broward County (BC) standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 14. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications except for parking stall striping. (Engineering) 15. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional Engineer in the State of Florida (if applicable). (Engineering) 16. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm-water service lines, etc. (Engineering) 17. Show all utilities on the Ground Level Landscape Plan & Schedule, Sheet LP-1, for potential conflicts. (Engineering) 4 RESOLUTION #2025-130 18. Provide ADA parking, access / driveway, and sidewalks /ramps including dimensions in accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons" and latest edition of "Accessibility Requirements Manual" by Department of Community Affairs, Florida Board Building Codes and Standards, and in accordance with Americans with Disability Act (ADA). (Engineering) 19. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, Florida Department of Environmental Protection, FDOT, BC Environmental, BC Aviation, BCTED etc.). Also, include Utility / Right of Way Permits from City, Broward County, and State Roads as applicable. (Engineering) 20. All internal intersections shall have traffic control devices compliant with the City, MUTCD, BCTED, and FDOT Standards. (Traffic) 21. ADA and regular parking spaces shall follow the City, MUTCD, BCTED, and FDOT Standards. (Traffic) 22. Pavement marking and signage shall follow City, MUTCD, BCTED, and FDOT Standards. (Traffic) 23. The ADA pavement markings and signs shall face the aisle. (Traffic) 24. Directional arrows shall follow the traffic direction for all driving aisles. (Traffic) 25. R3-5R Right turn only signs shall be included at the driveways. (Traffic) 26. Provide Broward County standard details for pavement marking and signage. All traffic control signs and devices shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications, except for parking stall striping. Please include a note indicating this.(Traffic) 27. Final approval of TIS is contingent upon FDOT review and acceptance of the Traffic Impact Analysis (TIA), including the proposed queue analysis methodology and results. (Traffic) 28. Provide Broward County (BC) standard details for all pavement markings and signage. All signs shall conform to BCTED and MUTCD standards. Sign faces shall use Type XI retroreflective sheeting, except for school zone and pedestrian signs, which shall be fluorescent yellow-green Type IV. (Traffic) 29. All pavement markings (excluding parking stall striping) shall be alkyd-based thermoplastic, fully retro-reflectorized, per BCTED specifications. (Traffic) 30. Provide an MOT plan prepared by a Florida-licensed Professional Engineer or General Contractor, per FDOT and local agency requirements. The MOT shall address pedestrian, bicycle, and vehicular traffic in a safe and efficient manner. (Traffic) 31. Additional comments may be issued and must be addressed before permit approval. (Traffic) 32. The developer is required to participate in the City’s Public Art program by payment into the City’s Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction, which will be established at the time of building permit submittal per Code Sec. 811-70. (Planning) 5 RESOLUTION #2025-130 33. RECREATION AND OPEN SPACE IMPACT FEE: Per Resolution 2015-071, $1,825 per townhouse dwelling must be paid for the Recreation and Open Space Impact Fee. Therefore, a total of $32,850.00 (18 units x 1,825) is to be paid at the time the building permit is issued. (Planning) 34. RAC Transportation Impact Fees. The Via Planning Inc. Consulting Traffic Impact Technical Memo identifies xx PM Peak Hour Trips for the 225-255 E. Dania multifamily site plan. Therefore, the difference in peak hours is $5,102.40 (240 trips X $21.26) due prior to the issuance of a building permit (Planning). 35. STORMWATER PLAN: Per the Dania Beach Code of Ordinances, Chapter 27, Section 27-227, “a stormwater management plan shall be submitted to the city for all projects that add impervious area or modify pervious area, whether or not city commission approval is required.” Please provide a stormwater management plan for engineering review and comment. Should include provisions that exceed minimum requirements. (Planning). 36. Provide the estimated construction value for development so that impact fees may be determined. (Planning). 37. Proposed 7FT wide and 996.31 FT in length sidewalks on E. Dania Beach Blvd will require a dedication as per regulations from Code Sec. 309-10 (Complete Streets)(Planning). 38. Per Code Sec.8-7 Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details with the next submittal. The City Commission must approve the use of the City Logo. (Planning). 39. For all projects resulting in the buildout of the site, construction staging cannot occur on- site; must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, the location of equipment and materials during construction. (Planning). Section 5. That pursuant to Section 635-100 "Expiration of Site Plans" of the Land Development Code, the Site Plan (SP-043-24) and Design Variation Application (OT-027-25) 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 6. 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 6 RESOLUTION #2025-130 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 7. That the associated department Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. 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 be effective 10 days after passage. PASSED AND ADOPTED on August 26, 2025. Motion by Vice Mayor Salvino, second by Commissioner Lewellen. 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 ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 7 RESOLUTION #2025-130 Exhibit “A” Legal Description Lots 1 through 11, inclusive, and Lot 12 less the West 14 feet, Block 1, DANIA COUNTRY CLUB ESTATES, according to the Plat thereof, recorded in Plat Book 32, Page 23, of the Public Records of Broward County, Florida. a/k/a 255 East Dania Beach Blvd., Dania, FL 33004 Exhibit “B”