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HomeMy WebLinkAboutR-2021-061 Maimonides-Shalom Academy Delegation Requests for Non-Vehicular Access Line (DR-95-20) and Plat Note Amendment (DR-98-20)RESOLUTION NO.2021-061 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUESTS FOR THE AMENDMENT OF THE LOCATION FOR A NON -VEHICULAR ACCESS LINE (NVAL) (DR-95-20) AND A PLAT NOTE AMENDMENT RELATING TO THE TOTAL SQUARE FEET OF SCHOOL USE (DR-98-20), SUBMITTED BY CYNTHIA A. PASCH, AICP, ON BEHALF OF THE PROPERTY OWNER, MAIMONIDES-SHALOM ACADEMY, INC., FOR THE PROPERTY LOCATED AT 5300 SW 40 AVENUE IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cynthia A. Pasch, AICP, on behalf of Maimonides-Shalom Academy, Inc. ("Applicant"), has requested approval of a Plat Note Amendment (the "Plat Note Amendment") and of a Non -Vehicular Access Line (NVAL) Amendment for the property located at 5300 SW 40 Avenue within the City of Dania Beach, Florida (the "City"), which property is legally described in Exhibit "A attached and incorporated by reference into this Resolution"; and WHEREAS, the City Code of Ordinances, Chapter 28 "Land Development Code" (the "LDC"), Part 6, entitled "Development Review Procedures and Requirements," Article 640 entitled "Plats," at Section 640-70, entitled "Amendment of plat", states that subsequent to City Commission approval of a Plat, the Plat may [thereafter] be amended by the City Commission; and WHEREAS, the Applicant has requested approval of an amendment to the existing location of the Non -Vehicular Access Line (NVAL) (DR-95-20), as further described in Exhibit B, attached and incorporated by reference into this Resolution, of the of the Maimonides Day School Campus Two Plat (the "Plat"), recorded in Plat Book 176, Page 116 of the Public Records of Broward County, Florida; and WHEREAS, the Applicant has requested approval of an amendment to the Restrictive Note on the Plat, which authorized 85,000 square feet of school use (10,810 square feet of Pre-K, 17,546 square feet of elementary, and 56,644 square feet of secondary school) to now permit 99,000 square feet of private school use (no breakdown of the use by grade) (DR-98-20), as further described in Exhibit C, attached and incorporated by reference into this Resolution; and WHEREAS, Broward County requires that the City concur with the proposed revision prior to review by the Broward County Commission; and WHEREAS, staff recommended approval of the requested application in the staff report dated April 13, 2021; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the request is consistent with Section IV of the Future Land Use Element of the City of Dania Beach Comprehensive Plan (the "FLU Element"), titled "IV. Requirements for Future Land Use Goals, Objectives and Policies"; and WHEREAS, the request more particularly furthers Objective V, Policy 5.3 of the FLU Element to "[... ] streamline the development approval process where practical"; and WHEREAS, the City Commission finds that approving the Applicant's requests for the amendment of a non -vehicular access line (NVAL) (DR-95-20) and the plat note amendment (DR-98-20) 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. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That the City's staff report (DR-95-21 and DR-98-20) is ratified and confirmed as being true and correct and is made a specific part of the Resolution as finding of fact. Section 3. Pursuant to Chapter 28, "Land Development Code," Part 6 entitled "Development Review Procedures and Requirements," Article 640, entitled "Plats," at Section 640-70, entitled "Amendment of plat," the amendments to the non -vehicular access line (NVAL) (DR-95-20) and plat note (DR-98-20) as provided in the attached Exhibits "B" and "C" are hereby approved. Section 4. 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 the 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. 2 RESOLUTION #2021-061 Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 27, 2021. ATTEST: v► THOMAS SCHNEIDER, CMC CITY CLERK )RR ECTNESS: TAIVIARA JAME�� MAYOR 3 RESOLUTION #2021-061 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A, MAIMONIDES DAY SCHOOL CAMPUS TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 176, PAGE 116, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 295,056.00 SQUARE FEET OR 6.7736 ACRES MORE OR LESS. 4 RESOLUTION #2021-061 EXHIBIT "B" MAINMONIDES DAY SCHOOL CAMPUS TWO PLAT NON -VEHICULAR ACCESS LINE AMENDMENT RESOLUTION #2021-061 ACCURATE LAND SURVEYORS, INC. 1150 E. ATLANTIC BLVD. L.B. #3635 TEL. (954) 782-1441 POMPANO BEACH, FLORIDA 33060 SHEET 1 OF 2 FA%. (954) 782-1442 EXISTING NON -VEHICULAR ACCESS LINE DESCRIPTION: Non -vehicular access line as shown on the plat of MAIMONIDES DAY SCHOOL CAMPUS TWO, according to the Plat thereof as recorded in Plat Book 176, Pages 116 and 117, of the Public Records of Broward County, Florida, said line being more particularly described as follows; Beginning at the Northwest corner of the aforementioned MAIMONIDES DAY SCHOOL CAMPUS TWO, thence South 07°36'37" West (basis of bearing) along the West line of MAIMONIDES DAY SCHOOL CAMPUS TWO, a distance of 90 feet to the Point of Terminus of the aforementioned non -vehicular access line being the Point of Beginning of a 50 foot opening restricted to egress only; thence continue South 07°36'37" West along the aforementioned West line, a distance of 50 feet to the Point of Terminus of the aforementioned 50 foot opening being the Point of Beginning of a the continuation of the aforementioned non -vehicular access line; thence continue South 07°36'37" West, along the aforementioned West line, a distance of 311.95 feet to a point hereinafter known as reference point "A" being the Point of beginning of a 51.62 foot opening restricted to ingress only; thence continue South 07°36'37" West, along the aforementioned West line a distance of 51.62 feet to the Point of Terminus of the aforementioned 51.62 foot opening being the Southwest corner of the aforementioned plat; thence from the aforementioned Reference Point "A"; South 82°23'23" East, a distance of 12.00 feet to the Point of Terminus of the aforementioned non -vehicular access line. t L. Thol-0 NO. 3869 STATE OF FLORIDA Vat valid without the signature and the original raised seal of a Flonda Licensed Surveyor and Mapper. CERTIFICATION: This is to certify that this sketch was made under my responsible charge and is accurate and correct to the best of my knowledge and belief and does not constitute a field survey as such. I further certify that this sketch meets the current Standards of Practice, established by the Board of Professional Surveyors and Mappers, Chapter 5J-17, Florida Administrative Codes, pursuant to current Section 472.027, Florida Statutes. �� -- /-- /,f Z©Z / ROBERT L. THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.3869 — STATE OF FLORIDA EXISTING ORIGINAL DATE OF SKETCH I DRAWN BY CHECKED BY FIELD BOOK SCALE 1"= 20j xuuB.SU-20-2827 01-18-2021 MLW MLW 20-2827 ACCURATE LAND SURVEYORS, INC. 1150 E. ATLANTIC BLVD. L.B. #3635 TEL (954) 782-1441 POMPANO BEACH, FLORIDA 33060 SHEET 2 OF 2 FAX (954) 782-1442 POINT OF BEGINNING N.W. CORNER OF _ MAIMONIDES DAY SCHOOL CAMPUS TWO P B 176, PGS. 116-117, B.C.R. — NON -VEHICULAR ACCESS LINE 1 10' 1— N PLAT LIMITS W E 3 W. LINE OF MAIMONIDES DAY SCHOOL CAMPUS TWO P.B. 176, PGS. gW SE 116-117, B.C.R. M p I KO O 0) j S O N I POINT OF TERMINUS NON —VEHICULAR ACCESS LINE POINT OF BEGINNING f 50' OPENING 1 10 UTILITY EASEMENT Z Q �I PARCEL "A" 06 "r !o 08 61 I MAIMONIDES DAY 3 ^ ,n. O SCHOOL CAMPUS TWO �• O v�i o I P.B 176. PGS. 116-117. B.C.R. O �'I c 9 � I .. I I POINT OF TERMINUS 50' OPENING 3 POINT OF BEGINNING 20 0 10 20 NON —VEHICULAR ACCESS LINE io I GRAPHIC SCALE i7 1"m20' O NON -VEHICULAR fn ACCESS LINE 10' UTILITY EASEMENT I REFERENCE POINT "A" I POINT OF BEGINNING I 50' OPENING 1 POINT OF TERMINUS NON —VEHICULAR ACCESS LINE \ 2.0023'23" E 3 � zo, �o c toPOINT OF TERMINUS 1n 50' OPENING O W m S.W. CORNER OF MAIMONIDES C m DAY SCHOOL CAMPUS TWO K:l z P B. 176, PGS. 116-117. B C.R. 2 O C h EXISTING ORIGINAL DATE OF SKETCH DRAWN BY CHECKED BY FIELD BOOK SCALE 1"= 20' NUMBERSU-20-2827 01-18-2021 MLW MLW 20-2827 ACCURATE LAND SURVEYORS, INC. r.. 50E ATLANTIC BLVD L.B. #3635 TEL. (954) 782-1441 NO BEACH, FLORIDA 33060 SHEET 1 OF 2 FAX. (954) 782-1442 PROPOSED NON -VEHICULAR ACCESS LINE DESCRIPTION: Non -vehicular access line as shown on the plat of MAIMONIDES DAY SCHOOL CAMPUS TWO, according to the Plat thereof as recorded in Plat Book 176, Pages 116 and 117, of the Public Records of Broward County, Florida, said line being more particularly described as follows; Beginning at the Northwest corner of the aforementioned MAIMONIDES DAY SCHOOL CAMPUS TWO, thence South 07°36'37" West (basis of bearing) along the West line of MAIMONIDES DAY SCHOOL CAMPUS TWO, a distance of 90 feet to the Point of Terminus of the aforementioned non -vehicular access line being the Point of Beginning of a 50 foot opening restricted to right turns only; thence continue South 07°36'37" West along the aforementioned West line, a distance of 50 feet to the Point of Terminus of the aforementioned 50 foot opening being the Point of Beginning of a the continuation of the aforementioned non -vehicular access line; thence continue South 07°36'37" West, along the aforementioned West line, a distance of 311.95 feet to a point hereinafter known as reference point "A" being the Point of beginning of a 51.62 foot opening restricted to emergency access, right turns in only; thence continue South 07°36'37" West, along the aforementioned West line a distance of 51.62 feet to the Point of Terminus of the aforementioned 51.62 foot opening being the Southwest corner of the aforementioned plat; thence from the aforementioned Reference Point "A"; South 82°23'23" East, a distance of 12.00 feet to the Point of Terminus of the aforementioned non -vehicular access line. N"< L. T6o1W " NO.3869 STATE OF FLORIDA Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. CERTIFICATION: This is to certify that this sketch was made under my responsible charge and is accurate and correct to the best of my knowledge and belief and does not constitute a field survey as such. I further certify that this sketch meets the current Standards of Practice, established by the Board of Professional Surveyors and Mappers, Chapter 5J-17, Florida Administrative Codes, pursuant to current Section 472.027, Florida Statutes. ROBERT L. THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No 3869 — STATE OF FLORIDA PROPOSED ORIGINAL DATE OF SKETCH I DRAWN BY CHECKED BY FIELD BOOK SCALE 1"= 20' s„K,MeERSl1-20-2827 01-18-2021 MLW MLW 20-2827 ACCURATE LAND SURVEYORS, INC. 1150 E. ATLANTIC BLVD. L.B. #3635 TEU (954) 782-1441 POMPANO BEACH, FLORIDA 33060 SHEET 2 OF 2 FAx (ssa) 782-1442 POINT OF BEGINNING N W. CORNER OF_ _ MAIMONIDES DAY SCHOOL CAMPUS TWO P.B. 176, PGS. 116-117, B.0 R. I — NON -VEHICULAR ACCESS LINE .�_1 10, PLAT LIMITS 3 W. LINE OF MAIMONIDES DAY SCHOOL CAMPUS TWO P.B. 176, PGS. 116-117. B.0 R. OCID I O I O r. rn I O POINT OF TERMINUS NON -VEHICULAR ACCESS LINE POINT OF BEGINNING 50' OPENING rn I j Li I 10 UTIUTY EASEMENT 3 ZI PARCEL "A" o= z MAIMONIDES DAY :� o o I 09 N o SCHOOL CAMPUS TWO u�. O 0b c I P.B. 176, PGS. 116-117, B.C.R. ,l 3 ILL ,� I I I 1 POINT OF TERMINUS 50' OPENING 3 POINT OF BEGINNING NON -VEHICULAR ACCESS LINE 1 rn I 0 M 1 0 NON -VEHICULAR Tn ACCESS LINE 10UTILITY EASEMENT I REFERENCE POINT "A" I POINT OF BEGINNING r 50' OPENING I / POINT OF TERMINUS r NON -VEHICULAR ACCESS LINE u \ S 82 23'23" 1 12.00' E 3 a ! W Z O �O N C coo POINT OF TERMINUS n L0 �, 50' OPENING O m S.W. CORNER OF MAIMONIDES z DAY SCHOOL CAMPUS TWO = IUyy W ~ P.B. 176, PGS. 116-117, B C.R. U a O N N E S 20 0 10 20 GRAPHIC SCALE 1'=20' PROPOSED ORIGINAL DATE OF SKETCH DRAWN BY CHECKED BY FIELD BOOK 5KET0/ 01-18-2021 MLw MLw 20-2827 SCALE 1"= 20' NUMBER$U-20-2827 EXHIBIT "C" MAINMONIDES DAY SCHOOL CAMPUS TWO PLAT PLAT NOTE AMENDMENT FROM: 85,000 square feet of school use (10,810 square feet of Pre-K; 17,546 square feet of elementary school; and 56,644 square feet of secondary school). TO: 99,000 square feet of private school use. 6 RESOLUTION 92021-061 February 18, 2021 VIA FEDERAL EXPRESS Ms. Corinne Lajoie, AICP Assistant Director City of Dania Beach Development Services Dept. 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Cynthia A. Pasch, AICP PNC Building 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Direct Phone: 954.527.6266 Direct Fax: 954.333.4266 Email: cynthia.pasch@gmlaw.com Re: Maimonides-Shalom Academy, Inc. — Delegation Request Application — Plat Note Amendment Dear Corrine: A Delegation Request is required for the Maimonides Day School Campus Two Plat (003-MP-06) ("Plat") in order for the Plat to be consistent with the site plan proposed by our client, Maimonides-Shalom Academy, Inc. We are proposing a plat note amendment for the Plat that was originally approved by the Broward County Board of County Commissioners on August 15, 2006 and recorded in Plat Book 176, Page 116. The proposed changes to the plat note are as follows: FROM: 85,000 square feet of school use (10,810 square feet of Pre-K; 17,546 square feet of elementary school; and 56,644 square feet of secondary school). TO: 99,000 square feet of private school use. An application form and application fee of $1,500.00 are enclosed with this Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach 46521978 1 62686 0001 Ms. Corinne Lajoie, AICP City of Dania Beach February 18, 2021 Page No. 2 of 2 request. Please let me know if you need any additional information regarding this request. Sincerely, GREENSPOON MARDER LLP ('ynMiac Y46cA Cynthia A. Pasch, AICP enclosures Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach 46521978.1 62686 0001