HomeMy WebLinkAboutR-2020-092 Griffin Living Site Plan (SP-022-20) and Variance (VA-023-20) AMENDED 8-25-20 executedRESOLUTION NO.2020-092
AMENDED
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-022-020),
SUBMITTED BY 2750 GRIFFIN LIVING, LLLP FOR PROPERTY LOCATED
AT 2750 GRIFFIN ROAD AND OTHER ADJACENT PARCELS IN THE CITY
OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT
"A," A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;
APPROVING A VARIANCE (VA-023-20) FROM SECTION 205-10(B) FOR A
FIVE FOOT SETBACK WHEN A TWENTY FOOT SETBACK IS REQUIRED;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 28, "Land Development Code" (the "LDC"), Part 6, entitled
"Development Review Procedures and Requirements," Article 635, entitled "Site Plans" of the
City Code of Ordinances (the "City Code") provides that Site Plan approval is required as a
condition to the issuance of a building permit; and
WHEREAS, Chapter 28 of the LDC, Part 6, entitled "Development Review Procedures
and Requirements, Article 625, entitled "Variances" of the City Code of Ordinances (the "City
Code") provides that the City Commission has the authority to grant variances from the
requirements of the Land Development Code if the requirements in Section 625-40 of the City
Code are satisfied;
WHEREAS, 2750 Griffin Holdings, LLLP (the "Applicant") has requested a Site Plan
Approval (SP-022-20) for a mixed -use development on the property legal described in Exhibit
"A" and
WHEREAS, the Applicant has also requested a Variance (VA-023-20) from Section
205-10(B) of the City Code to allow a five foot (5') side setback on the eastern side of the
Property instead of the twenty feet (20') required by Section 205-10(B) of the Code; and
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 the approval of the Site Plan (SP-022-20) is
consistent with the City's Land Development Code and Comprehensive Plan; and
WHEREAS, the City Commission finds that the Applicant has met its burden of proof
and has satisfied the criteria set forth in Section 625-40 of the City Code for the granting of a
Variance (VA-023-20) from the provisions of Section 205-10(B) of the City Code;
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 they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That pursuant to Chapter 28 "Land Development Regulations," Part 6
"Development Review Procedures and Requirements," Article 635 "Site Plans," the following
Site Plan (SP-022-20), attached as Exhibit `B," which is made a part of and incorporated into
this Resolution by this reference, is approved.
Section 3. That pursuant to Chapter "Land Development Code" (the "LDC"), Part 6,
entitled "Development Review Procedures and Requirements, Article 625, entitled "Variances",
the Variance (VA-023-20) along the eastern boundary of the Property to allow a five foot (5')
setback instead of the twenty foot (20') setback as would otherwise have been required by
Section 2015-10(B) of the Code, is approved.
Section 4. The approvals granted by this Resolution are subject to the Applicant's
compliance with the following conditions:
1. Per Resolution 2014-071, Recreation and Open Space Impact Fee of $ 107,756.00 for 79
units to be paid at the time the building permit is issued.
2. Per Article 811, new development and redevelopment in non-residential, mixed -use and
multi -family zoning districts shall provide fee for the creation, acquisition and installation
of public art in the city.
a. Pay In -Lieu Public Art Fee: Pay one-half of one percent (0.5%) of the cost of the
proposed development project, as an "in -lieu" public art fee, with a minimum
payment of $5,000 and a maximum payment of $250,000; or
b. Combination of In -Lieu Public Art Fee and Placement of Art on Site: Placement
of art on the site of the development project, which shall have a minimum value
of one -quarter of one percent (0.25%) of the cost of the proposed development
project combined along with a one -quarter of one percent (0.25%) payment of an
"in -lieu" public art fee. The owner shall provide documentation to the City that
the art fee has been deposited into an escrow account for said purpose prior to the
issuance of a building permit. Prior to placement on the development site, the art
must be approved by the Community Services Director or designed and conform
to the adopted public art guidelines.
3. Per Article 221 (Section 221-10(A)) residential properties located within the 60+ DNL
noise contour shown on the most recent FAA accepted long range noise exposure
contours for the Fort Lauderdale -Hollywood International Airport shall be subject at
building permit to providing evidence that appropriate noise mitigation measures will be
2 RESOLUTION #2020-092
AMENDED 8/25/2020
provided in order to achieve a maximum indoor level of forty-five (45) decibels. The
property is within 60+ DNL noise contour so evidence of noise mitigation will be
required at building permit.
4. Finished floor elevations, per Article 22-10(C), all structures shall be constructed with a
lowest FFE of at least 1 foot above the 100-year flood elevation. Base Flood Elevation is
identified as 5 feet NAVD. Proposed ground level is proposed as 8 feet NAVD.
5. Wheel stops, five and one-half (5 1/2) inches high, shall be installed two (2) feet from the
head (front) of a parking space.
6. Provide 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.
7. All pavement markings shall be alkyd based thermoplastic and fully retro reflectorized,
per BCTED specifications with the exception of parking stall striping.
8. Detail and complete engineering plans will be required prior to Building and R/W permit
approval.
9. Provide utility piping conflict details plan, along with documentation to demonstrate
acceptability of the separation between water, sanitary, storm -water service lines, etc.
Show also all existing and proposed utilities on the landscaping plans for potential
conflicts.
10. 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).
11. Provide drawing file (dwg or dgn) disk of the approved site plan in Florida State Plane
Coordinate (NAD 83). This should be addressed as part of the final submittal.
12. Provide signed and sealed plans for all engineering plan sheets including R-Tank system.
13. Provide regulatory agencies' approval documentation and Permits/Licenses (as
applicable) as part of the final submittal, prior to issuance of the Building Permit
(Broward County Surface Water License, Broward County EPGMD Wastewater Permit,
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.
3 RESOLUTION #2020-092
AMENDED 8/25/2020
14. Prior to the issuance of building permits the fire hydrant and the fire department
connection on the east side of the building (adjacent to SW 27th Terrace) shall be moved,
as allowed by both the Fire Marshall's Office and by Broward County Water and Utilities
while also meeting NFPA regulations and requirements, closer to Griffin Road at the
Applicant's cost and expense such that Griffin Road shall serve as the access point for the
fire hydrant and the fire department connection.
15. Prior to the issuance of building permits the Owner shall record a Declaration of
Restrictive Covenants, in a form approved and accepted by the City Attorney, which
states that the rental apartments shall be market rate rentals and not Section 8 or low
income housing.
Section 5. That pursuant to Section 635-100 "Expiration of Site Plans" of the Land
Development Code, Site Plan (SP-022-20) 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 pursuant to Section 625-50 "Expiration of Variances" of the Land
Development Code, the Variance (VA-023-20) 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 be in force and take effect immediately upon its
passage and adoption.
4 RESOLUTION #2020-092
AMENDED 8/25/2020
PASSED AND ADOPTED on August 25, 2020.
ATTEST:
� V
THOMAS SCHNEIDER, CMC
CITY CLERK
tISHE��
APPROVED AS TO FORM AND CORRECTNESS:
THOM�IS J. N B
CITY ATTO Y
MAYOR
5 RESOLUTION #2020-092
AMENDED 8/25/2020
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF LOT 1 AND ALL OF LOTS 2 AND 3, BLOCK 2, "SEMINOLE PARK
SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
24, PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND
THE SOUTH 287 FEET OF THE NORTH 322 FEET OF THE WEST 165 FEET OF THE
EAST 1/2 OF LOT 4, BLOCK 2, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST,
"PLAT OF SEC'S 28, 29, 31 AND 32", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID
SECTION 32; THENCE SOUTH 88°21'49" WEST ON THE NORTH LINE OF SAID
NORTHWEST 1/4 OF SECTION 32 FOR 153.70 FEET TO A POINT ON THE EAST LINE
OF THE WEST 165 FEET OF THE EAST 1/2 OF SAID LOT 4; THENCE SOUTH 01°08'07"
EAST ON SAID EAST LINE 35.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF GRIFFIN ROAD (STATE ROAD NO. 818) AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 86015-2525,
PAGE 12 OF 21, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
01008'07" EAST ON SAID EAST LINE 287.01 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTH 322 FEET OF SAID LOT 4; THENCE SOUTH 88°21'49" WEST ON SAID
SOUTH LINE 165.01 FEET TO A POINT ON THE EAST LINE OF AFOREMENTIONED
BLOCK 2, "SEMINOLE PARK SUBDIVISION", SAID LINE ALSO BEING THE WEST
LINE OF THE EAST 1/2 OF SAID LOT 4; THENCE NORTH 01°08'07" WEST ON SAID
EAST LINE 2.01 FEET TO THE SOUTHEAST CORNER OF AFOREMENTIONED LOT 3,
BLOCK 2; THENCE SOUTH 88°21'49" WEST ON THE SOUTH LINE OF SAID LOT 3 FOR
129.86 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 2, ALSO BEING THE
EAST RIGHT-OF-WAY LINE OF SOUTHWEST 28TH AVENUE; THENCE NORTH
00055'52" WEST ON SAID WEST LINE AND SAID EAST RIGHT-OF-WAY LINE 255.38
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE TO
THE RIGHT, WITH A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 89°17'41" FOR
AN ARC DISTANCE OF 46.75 FEET TO A POINT OF TANGENCY ON THE
AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF GRIFFIN ROAD (STATE ROAD
NO. 818); THENCE NORTH 88°21'49" EAST ON SAID SOUTH RIGHT-OF-WAY LINE
264.21 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA. CONTAINING 84,032 SQUARE FEET (1.9291 ACRES)
MORE OR LESS.
6 RESOLUTION #2020-092
AMENDED 8/25/2020
EXHIBIT "B"
SITE PLAN
(SP-022-20)
RESOLUTION #2020-092
AMENDED 8/25/2020