HomeMy WebLinkAboutR-2021-008 Prime Realty Capital LLC Site Plan (SP-069-20) and Variance (VA-070-20) REVISED 1-11-21RESOLUTION NO.2021-008
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-069-20) AND
VARIANCE (VA-070-20) APPLICATIONS SUBMITTED BY PRIME
REALTY CAPITAL, LLC, FOR PROPERTY LOCATED AT SOUTHWEST
26' TERRACE IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY
DESCRIBED IN EXHIBIT "A', 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, Prime Realty Capital, LLC ("Applicant") is requesting Site Plan (SP-069-
20) approval to permit the development of 48,150 square feet of equipment, machinery sales and
rental services with outdoor storage to be located at Southwest 26ffi Terrace (the "Property") as
legally described in Exhibit "A" attached to and made a part of this Resolution; 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
Applicant has demonstrated that the necessary criteria identified in the LDC have been satisfied;
and
WHEREAS, the Applicant has requested a variance to permit a storage lot with a gravel
surface for outdoor storage of equipment/machinery (VA-070-20), where Section 265-110(K) of
the LDC requires storage lots for vehicles, boats and equipment to be surfaced with asphalt or
concrete; 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 proposed Site Plan (SP-
069-20) and Variance (VA-070-20) applications 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 as
being true and correct, and they are made a part of and incorporated into this Resolution by
reference.
Section 2. That pursuant to Chapter 28 "Land Development Code," Part 6
"Development Review Procedures and Requirements," Article 635 "Site Plan," the following
Site Plan (SP-069-20), attached as Exhibit `B", which is made a part of and incorporated into
this Resolution by reference is approved.
Section 3. That pursuant to Chapter 28 "Land Development Code," Part 6
"Development Review Procedures and Requirements," Article 625 "Variances," the following
Variance application (VA-070-20) is approved consistent with the Site Plan provided in Exhibit
«B»
Section 4. The approvals granted by this Resolution are subject to the Applicant's
compliance with the following conditions:
CONDITIONS OF APPROVAL:
I. Additional comments may apply and will need to be addressed prior to Building Permit
approval. (Engineering)
2. The Applicant has provided a new Survey indicating a revised northern boundary line.
Proposed sidewalk within R/W shall be extended along entire east property line towards north.
Applicant is to revise the plans accordingly to show the additional sidewalk and swale
restoration. (Engineering)
3. Provide Maintenance of Traffic (MOT) Plan by a licensed General
Contractor/Professional Engineer in the State of Florida (If applicable). (Engineering, Planning
& Zoning)
4. Demonstrate that the sidewalk will not exceed a five percent (5%) longitudinal slope and
two percent (2%) cross -slope. Additional grades shall be shown on the plans for sidewalk
construction. (Engineering)
5. Provide a cross section of driveway (SW 26th Terrace) showing the ADA slope of the
crosswalk or sidewalk, with sufficient detail and dimensions. Proposed grades for crosswalk
shall be shown on plans. (Engineering)
6. Pavement marking restoration shall be required along SW 26th Street. (Engineering)
2 RESOLUTION #2021-008
7. The two proposed driveways impact roadside swale area and swale drainage. Applicant is
to provide drainage facility to drain the swale area between the two driveways. Proposed
driveway Swale elevations/cross slope shall be revised for safety of traffic movement.
(Engineering)
8. Minimum 0.3% slope shall be provided along edge of pavement flow line. No ponding
shall be allowed in front of driveways. (Engineering)
9. In accordance with City Code of Ordinances in Article 415, entitled "SIDEWALKS
AND SWALES," Applicant is responsible for the construction of sidewalks / swales within the
road ROW when buildings are constructed or substantially improved. (Engineering)
10. Detail and complete engineering plans will be required prior to Building and right-of-way
permit approval. (Engineering)
11. The Applicant only submitted a drainage statement. Applicant is to provide a detail
drainage report and detail Paving, Grading, Drainage plan. Such report and plans will need to be
reviewed prior to building permit approval. (Engineering)
12. Wheel stops, five and one-half (5 %2) inches high, shall be installed two (2) feet from the
head (front) of a parking space. (Engineering)
13. Provide utility piping conflict details plan, along with documentation to demonstrate
acceptability of the separation between water, sanitary, storm -water service lines, etc.
(Engineering)
14. Show also all existing and proposed utilities on the landscaping plans for potential
conflicts. (Engineering).
15. 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)
16. 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. (Engineering)
17. 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 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.
(Engineering)
3 RESOLUTION #2021-008
18. FAA/BCAD: The proximity to the airport will be required FAA/BCAD review and
approval. Contact William Castillo, Airport Planner with Broward County Aviation Department,
located at 2200 SW 45 Street, Suite 101, Dania Beach, FL 33315, (954) 359-6100. (Planning &
Zoning)
19. Public Art Program: Per Article 811, new development and redevelopment valued over
One Million Dollars ($1,000,000.00), 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
$5,000.00 and a maximum payment of $250,000.00; 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. (Planning &
Zoning)
20. Staging: For all projects resulting in buildout of the site, such that 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, location of equipment and material during construction. (Planning & Zoning)
21. Dust Control: Applicant shall provide a dust control program approved by the City
Engineer, that ensures that dust will not leave the site and also that the crushed rock is properly
treated so that the runoff from rock will not be damaging to the drainage system, prior to the
issuance of a building permit (Planning & Zoning).
Section 5. That pursuant to LDC Section 635-100 "Expiration of Site Plans," and
Section 625-50 "Expiration of Variances," the Site Plan (SP-069-20) and Variance (VA-070-20)
application approvals 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 #2021-008
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 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 all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 8. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on January 12, 2021.
ATTEST:
y
THOMAS SCHNEIDER, CMC TAMARA JADES
CITY CLERK ce►_ .1y' MAYOR
APPROVED A TO FORM AND CORRECTS:
THONIAS S', Af SB
CITY ATTORNEY
5 RESOLUTION #2021-008
Exhibit "A"
Legal Description
A PORTION OF PARCEL "A" OF "DJP AIRPORT WEST PLAT", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 178, AT PAGE 69 AND PARCEL "I" OF
"RAVENSWOOD 26TH AVE. FLL AIRPORT PLAT (PLAT 7)", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 162, AT PAGE 9, BOTH OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE
SOUTH 00053'44" EAST ALONG THE EAST LINE OF SAID PARCEL "A", A DISTANCE
OF 199.57 FEET; THENCE SOUTH 88°30'15" WEST ALONG A SOUTHERLY
BOUNDARY LINE OF SAID PARCEL "A", A DISTANCE OF 15.00 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL "I"; THENCE SOUTH 00°53'44" EAST ALONG
A THE EAST BOUNDARY LINE OF SAID PARCEL "I"; A DISTANCE OF 61.01 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°53'44" EAST ALONG
SAID EAST BOUNDARY LINE, A DISTANCE OF 198.82 FEET TO THE SOUTHEAST
CORNER OF SAID PARCEL "I" AND A POINT ON THE BOUNDARY LINE OF SAID
PARCEL "A"; THENCE NORTH 88°30'15" EAST ALONG SAID BOUNDARY LINE OF
PARCEL "A", A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST BOUNDARY
LINE OF SAID PARCEL "A", THENCE SOUTH 00°53'44" EAST ALONG THE SAID
EAST BOUNDARY LINE OF SAID PARCEL "A", A DISTANCE OF 125.00 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE SOUTH 89 3140 WEST ALONG
THE SOUTH BOUNDARY LINE OF SAID PARCEL "A" FOR 105.92 FEET; THENCE
NORTH 00 48 11 WEST ALONG A BOUNDARY LINE OF SAID PARCEL "A" FOR 110.23
FEET; THENCE NORTH 76 15 15 WEST ALONG A BOUNDARY LINE OF SAID PARCEL
"A" FOR 39.75 FEET; THENCE NORTH 00°53'44" WEST ALONG A LINE 336.54 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID PARCEL "A", FOR 200.87
FEET; THENCE NORTH 88°30'15" EAST, FOR 321.56 FEET TO THE POINT OF
BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA, AND CONTAINS 101,345 SQUARE FEET (2.3266
ACRES) MORE OR LESS.
6 RESOLUTION #2021-008
Exhibit "B"
Site Plan
(SEE ATTACHED)
RESOLUTION #2021-008
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