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Home My WebLink AboutR-2025-187 SP-099-17MOD H20 SP Mod and VarianceRESOLUTION NO. 2025-187 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-099-17MOD) TO REMOVE THE POOL, OTHER MINOR SITE AND LANDSCAPE CHANGES; AND A VARIANCE REQUEST (VA-024-25) TO ALLOW AN ACCESSORY DOCK TO EXTEND 7’-10” INTO THE WATERWAY WHERE THE LIMIT IS TEN (10) PERCENT OF THE WIDTH OF THE WATERWAY (6.0’); AS SUBMITTED BY THE APPLICANT, INBI HOLDINGS, LLC, FOR THE PROPERTIES LOCATED AT 4632-4648 SW 32 AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the City Code of Ordinances, Chapter 28, entitled “Land Development Code” (“LDC”) of Part 6, entitled 'Development Review Procedures and Requirements’ of Article 635, entitled “Site Plans” of Section 635-80, provides that site plan modifications or deviations are required prior to commencement of construction; and WHEREAS, INBI Holdings, LLC (the “Applicant”), applied to the City of Dania Beach (the “City”) for approval of a site plan modification (SP-099-17MOD) to remove the pool, make minor adjustments to the site, including changing the seawall location, addition of a dock, and landscaping changes, for properties legally described in Exhibit "A", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, Due to restrictions in the area at the proposed and approved location of the pool, a commercial pool could not be constructed pursuant to state code. Accordingly, it has been eliminated and replaced with a patio and pergola, and with a sink/outdoor kitchen; and WHEREAS, Due to the elimination of the pool, the property lines to Units C2 and D1 were revised to eliminate the common area encroaching into their backyards; and WHEREAS, There are six-foot (6’) CMU walls installed by the north and south adjacent properties, thereby eliminating the need for any fencing on our side perimeters of the subject lot; and WHEREAS, Applicant proposes to use travertine patios to match the common area that replaced the pool; and 2 RESOLUTION #2025-187 WHEREAS, Perimeter walkways to docks have been eliminated and access to docks provided via the shared common element patio area that replaced the pool; and WHEREAS, Applicant eliminated unnecessary curbing to enhance project appeal; and WHEREAS, The bike rack has been relocated to the south side next to Unit B3; and WHEREAS, Chapter 28, 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 requested a Variance (VA-024-25) to allow the accessory dock to extend 7’-10” into the waterway, where LDC Section 240-20 limits the location to ten percent (10%) of the width of the 60’ waterway; and WHEREAS, JHA Land Surveyors provided an As Built survey for the Dock dated: 1-13- 2025 showing sea wall and dock built pursuant to approved plans and permits, also indicating 1 foot 10” inch encroachment into 60-foot right of way in canal; and WHEREAS, the requested variance is consistent with, and in furtherance of, the goals, objectives, and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city; 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 WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that approval of the Site Plan Modification (SP- 099-17MOD and Variance (VA-024-25) to permit the future development of the subject property pursuant to and 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 City Commission finds that approval of the Site Plan Modification (SP- 099-17MOD and Variance (VA-024-25) 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. 3 RESOLUTION #2025-187 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and that they are made a part of incorporated into this resolution by reference. Section 2. That pursuant to Chapter 28 LDC, Part 6 “Development Review Procedures and Requirements,” Article 635 “Site Plan,” the following Site Plan Modification (SP-099- 17MOD), attached as Exhibit “B”, a copy of which is made a part of and incorporated into this Resolution by this reference, is approved. Section 3. That pursuant to Chapter 28, "Land Development Code", Part 6 “Development Review Procedures and Requirements," Article 625 "Variances, the Variance application (VA-024-25) 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) The property has been subdivided. Provide an updated recorded Declaration of Covenants with a new legal description of all properties. (Planning and Zoning) 2) The photometric plan must show lighting at the property line. Include the property line and the horizontal foot-candle measurements at the property line. Per Code Section 280- 40, A) The overspill of light originating from any lot, regardless of zoning, onto any other lot located within a residential zoning district shall not exceed five-tenths (0.5) of a horizontal foot-candle measured at grade level at the property line before permit issuance. (Planning and Zoning) 3) Provide information/specifications on changes to the proposed lighting before permit issuance. (Planning and Zoning) 4) Provide colored elevations for the new trellis structure in the communal area per Code Section 635-50 before permit issuance. (Planning and Zoning) 5) A building permit/site permit revision is required for the site plan modifications. (Engineering) 6) The Broward County Stormwater Management License (BC SWM) permit modification is required at the time of the site permit revision. (Engineering) 7) Section A-A and B-B on C-2 indicate a wall is proposed along the West side of the property, along the entrance. Broward County approval of the vertical slat fence at the entrance, West of the retention areas, is required. (Engineering) 4 RESOLUTION #2025-187 8) The BC SWM License permit release letter for the original and/or modifications to the site, per this review is required at the time of the site permit close-out package. (Engineering) 9) A berm at the elevation consistent with the 25-year 3-day storm event peak stage is required around the entire property and through the driveways, including where existing walls are no longer proposed. (Engineering) 10) In the event that the proposed construction causes adverse drainage effects to the surrounding areas, 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) Additional comments may apply and will need to be addressed at the time of the City’s site permitting process. (Engineering) 12) Any other outside agency approvals pertaining to the modifications are required at the time of the city’s site permitting process. (Engineering) 13) PMS Sheet C-5: Plans shall be revised to address the following: a) ADA parking space shall face the driving aisle as shown in the detail. b) Double yellow lines shall be dimensioned per BCTED Standards. c) Wheel stops per detail in sheet C-5 and section 265-110 shall be included. d) Stop sign at the exit driveway shall be located behind the curb following BCTED and MUTCD standards. e) Modifications to the approved set of plans shall be included in the Civil set. f) The area within the sight triangles shall remain unobstructed per the City’s code. g) The stop bar shall be 4 ft away from the sidewalk, minimum per MUTCD. (Traffic Engineering) 14) All pavement markings shall conform to BCTED specifications. All pavement markings shall be thermoplastic with the exception of parking stall striping. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized. Any change to the approved configuration will require a review. (Traffic Engineering) 15) Contractor is responsible for providing appropriate Maintenance of Traffic for the duration of the project. MOT shall accommodate pedestrian, bicycle, and vehicular traffic in a safe and efficient manner. (Traffic Engineering) 16) All outside agency permits are required prior to the approval of the City’s site permit. (Traffic Engineering) 17) Provide revised landscape and irrigation plan sheets which show the 2 additional parking stalls added just south of the entrance (and the revised landscaping and proposed plant- list to match) before permit issuance. (Landscaping) 18) Update the landscape requirements table to reflect the presumed reduction in NVUA trees/shrubs and an updated pervious/impervious calculation to capture the increased impervious in the two additional parking stalls before permit issuance. (Landscaping) 19) Mooring or parking of any vessels (boats) shall be parallel to the seawall. This condition shall be incorporated into a declaration of restrictive covenants recorded against the property. 5 RESOLUTION #2025-187 Section 5. That pursuant to LDC Section 635-100 “Expiration of Site Plans,” the Site Plan Modification (SP-099-17MOD) approval shall automatically expire and become null and void unless the Applicant commences with construction of the improvements shown on the Site Plan, within eighteen (18) months from the date of this Resolution. Section 6. That pursuant to Section 625-500 “Expiration of Variances,” of the Land Development Code, the variance (VA-024-25) 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 order 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 on the part the municipality for issuance of the development order 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 the associated Planning & Zoning Division Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. Section 9. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 10. That this resolution shall become effective 10 days after passage. PASSED AND ADOPTED on November 18, 2025. Motion by Commissioner Ryan 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 ____ ____ 6 RESOLUTION #2025-187 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 7 RESOLUTION #2025-187 EXHIBIT A (LEGAL DESCRIPTION) 8 RESOLUTION #2025-187 9 RESOLUTION #2025-187 10 RESOLUTION #2025-187 11 RESOLUTION #2025-187 12 RESOLUTION #2025-187 13 RESOLUTION #2025-187 EXHIBIT B (SITE PLAN)