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HomeMy WebLinkAboutR-2021-027 Appeal Request (OT-092-20) for Site Plan (SP-007-20) and Variance (VA-078-20) Applications by B&B Investment Solutions AMENDED 4-27-21RESOLUTION NO.2021-027 AMENDED A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPEAL REQUEST FOR APPLICATIONS SP-007-20 (SITE PLAN) AND VA-078-20 (VARIANCE) SUBMITTED BY B&B INVESTMENT SOLUTIONS LLC, OWNER OF 3321 SW 44TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 615 of Chapter 28 Land Development Code of the City of Dania Beach governs appeals, and Articles 625 (Variances) and 635 (Site Plans) refer to Article 615 for appeals of Planning & Zoning Board Decisions, stating that the City Commission shall hear and decide upon appeals; and WHEREAS, B&B Investment Solutions LLC, in connection with the property located at 3321 SW 44th Street, in Dania Beach, have requested an appeal from the decision of the Planning & Zoning Board denying Applications SP-007-20 (Site Plan) and VA-078-20 (Variance); and WHEREAS, The City Code of Ordinances, Chapter 28, entitled "Land Development Code" (the "LDC"), of Part 6, entitled "Development Review Procedures and Requirements", Sections 635- 20 and 635-70, includes the requirements for a small-scale site plan procedure, which allows administrative approval of small-scale site plans with no accompanying variances; and WHEREAS, B&B Investment Solutions LLC ("Applicant") meets the requirements for a small-scale amendment, having less than one acre in size and fewer than 50 residential units (9 units), and only included the variance to meet the demands of the neighbors to remove the required sidewalk and add drainage and street trees in its place; 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 waive the sidewalk requirements; 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 SP-007-20 (Site Plan) and VA-078-20 (Variance) 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 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 Plan," the following Site Plan (SP-007- 20), 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-078-20) is approved consistent with the Site Plan. Section 4. The approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. Any road cuts for utilities, curb cuts and/or others with the City ROW shall be restored to full lane width for 50' minimum length centered on the proposed cut (Engineering). 2. Provide sight triangles (30'x30') per Section 225-10, City of Dania Beach Code of Ordinances. Proposed wall shall not be located in sight triangles. (Engineering) 3. Address the conflict between lift station driveway and proposed driveway. (Engineering) 4. Address the existing drainage structure located within the proposed driveway. An additional drainage catch basin shall be provided in the swale area. (Engineering) 5. The south end of proposed Boardwalk is on a retention area. The Boardwalk shall be extended from where the pedestrians can access without walking in the retention areas. (Engineering) 6. The proposed Wall along retention area is only about 2.5' high. Additional security/safety fence or measures shall be provided. (Engineering) 7. Provide Maintenance of Traffic (MOT) Plan by a licensed professional engineer in the State of Florida (Engineering & Planning). 8. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. Signs shall 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) 9. All required off-street parking spaces shall be clearly delineated by a single four -inch wide, white, painted striping wherever a hard -paved parking surface is required. Double yellow 2 RESOLUTION #2021-027 AMENDED 4/27/2021 striping shall be 6" wide. RPMs shall be provided per Broward County Standard details. (Engineering) 10. All pavement markings shall be alkyd based thermoplastic and fully retro-reflectorized, per BCTED specifications with the exception of parking stall striping. (Engineering) 11. Broward County water and sewer latest standard details shall be utilized and shown on plans. (Engineering) 12. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND SWALES, Owner is responsible for the construction of sidewalks / swales within the road ROW when buildings are constructed or substantially improved. (Engineering) 13. Detail and complete engineering plans will be required prior to Building and R/W permit approval. (Engineering) 14. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm -water service lines, etc. (Engineering) 15. Show all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 16. 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) 17. 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) 18. 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) 19. 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). 20. 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 RESOLUTION #2021-027 AMENDED 4/27/2021 issuance of a building permit. The Staging Plan must include, but is not limited to, location of equipment and material during construction. (Planning) 21. Applicant must pay $19,389.00 mitigation for specimen tree removal along with all associated tree removal permit fees. (Landscape) 22. Proposed docks and moorings extending into Dania Cutoff Canal shall meet the dimensional requirements of Section 240-20(B). (Planning) 23. Per Resolution No. 2015-071, $1,825 per townhouse dwelling (9 X $1,825 = $16,425.00) must be paid for Recreation and Open Space Impact Fee at time of building permit issuance. (Planning) 24. Revised plans to reflect additional drainage in the swale to assist with current drainage issues in the area in lieu of providing the sidewalk; (Planning) 25. Revised plans to show installation of street trees in the swale, with approval of variance to waive sidewalk. (Planning) 26. Revised plans to show the walls on the east and west side of the project extend to the water/the sea wall (the top of the wall to appear opaque); (Planning) 27. Revised plans to remove the handicap parking space near the entrance and install standard parking spaces (at least 2); (Planning) 28. The applicant is voluntarily prohibiting short term rental of units on the site. Section 5. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on April 27, 2021. ATTEST: r,J►/JV \ v�J THOMAS SCHNEIDER, CMC ARA JAMES CITY CLERK AYOR ��1rSHED1 APPROVED AS TAFO,RM AND CORRECTNESS: THOMAS)J. CITY ATTC 4 RESOLUTION #2021-027 AMENDED 4/27/2021 Jeremy B. Shir, Esq. Attorney at Law Phone: (954) 364-6028 Fax: (954) 985-4176 j shir @ beckerlawyers. com Becker & Poliakoff 1 East Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 April 20, 2021 Mr. & Mrs. Philip Andescavage, Mr. Ted McCumber & Ms. Barbara Ringstad Am AM Re: Mrs. Samantha Andescavage, Mr. Philip Andescavage, Ms. Barbara Ringstad & Mr. Ted McCumber ("Adjacent neighbors') Agreement with Palms by the Water 2021 LLC ("Palms by the Water') re: multiple site design, landscape, & elevation modifications at property located at 3321 SW 44 St., Dania Beach, FL Dear Mr. & Mrs. Andescavage, Mr. McCumber, & Ms. Ringstad: It has been a pleasure communicating with you over the last few months. Understanding that this is an emotional and draining process, I commend you for having maintained a positive, friendly & honest demeanor with Joe & Stephan of Palms by the Water. Below, please find a summary of the extensive changes Palms by the Water is agreeing to, based on the feedback and information we have received from you that will make the project more compatible with the neighborhood and mitigate any potential concerns you may have with the project. After multiple meetings, ongoing dialogue, review of various plans, and consideration of the future of our community and neighborhood, the parties agree as follows, premised upon City approval: 1. Palms by the Water obligations. a. Revisions to Site Plan: Palms by the Water has diligently strived to meet the neighbor's concerns and as such, agrees to the following revisions to the Site Plan: I. The height of the buffer wall was raised to 6 feet starting at the point of new elevation (it will be graded first and then the wall will go in above the new elevation) and it will be precast concrete (initially it was a 4 foot fence, then a 4 foot wall, now a 6 foot wall). Adjacent neighbors will have authority over style and color of wall (with PALMS BY THE WATER's consent); the perimeter buffer wall of the Monterra community was offered by adjacent neighbors as best design option. The perimeter buffer wall will run the whole length of the property, up to the sea wall. II. The 5 units in the rear were combined into one building in order to add an additional 5 feet of setback to the east side setback for a total of 15 feet III. In the front of the property, Units 3 and 4 have added 5 feet of setback so the total setback has been raised from 15 feet to 20 feet. IV. 2 additional parking spaces were added. V. The wall on the east property line has been shifted 2 feet into the interior of the project boundaries. www beckerlawyers.com Florida I New Jersey I New York i Washington, D G. April 20, 2021 Page 2 VI. Units 1-4 have removed the rooftop decks that were previously included. VII. The elevations also show the addition of a 6 foot wall at the end of the roof deck, and a 6 foot wall at the end of the balcony, for both of the end units in the rear building; walls to be constructed of same material as that used for the townhouses. VIII. Modification of elevations to show that rooftop decks will only be for half of the rooftop, not the entire portion. Confirmation and condition of approval that the wall in the balcony and on the roof will be constructed from the same material as the house. IX. Exterior surface color of the townhomes will be reviewed and good -faith efforts to come to agreement will take place prior to building permit. Joe & Stefan prefer a grey color that is compatible with the neighborhood. X. Removal of 3 light poles on the Luminaire Schedule that are on the East side of the property. b. Revisions to Landscape Plan: I. The landscape plans shows all the trees that will remain on the property, as well as the addition of 4 trees on the area that was going to be a sidewalk, but will now be for drainage and the sidewalk trees. II. Addition on landscape plan of 12 foot tall areca trees running entire length of perimeter adjacent to Barbara & Ted's property up and until the existing trees, as well as running the length of the building fronting 44' Street. Barbara will relay to Palms by the Water whether she would like an additional tree(s) between her house & townhouse building 1. III. The SW 44th Street buffer planting consists of 4 Simpson stopper trees in the swale plus 2 Simpson's Stopper, 2 Veitchia palms, 4 Live oak, an existing gumbo limbo, existing black olive, existing Strangler Fig and a proposed Jamaican Caper continuous hedge which can grow to over 6' in height within the property. No additional areca palms are needed or recommended in this streetscape buffer. IV. Modification of landscape plan of Trees #5 and #15 adjacent to Sam and Philip which are currently Royal Palms to be transported from front of property to rear. Instead, it will be Dahoon Holly (Ilex Cassine). This is a native tree that can help with privacy. The tree alternatives will be planted in a manner that actually provides visual blockage, in coordination with the City & Sam & Philip. V. Modification of landscape plans replacing the Bridal Veil trees (as they succumb easily to storms) with Black Ironwood, a more resilient species. VI. Addition on landscape plan of 6 foot tall Simpson's Stopper trees on Eastern perimeter. Simpson's Stopper trees will also replace the Fakahatchee grass on the northern and southern portions of the Eastern perimeter, per the revised landscape plans. April 20, 2021 Page 3 C. Additional Modifications/Voluntary Conditions of Approval I. Palms by the Water agrees that there will be a Homeowners' Association formed and short-term rentals (defined as 6 months or less) will be prohibited. II. The existing house on the site will be tented and/or other measures to mitigate will be taken during demolition. III. Good -faith industry standard measures to mitigate dust & debris during demolition will be taken. IV. Existing chain link fence on the east side of the property will be removed. V. Units facing adjacent neighbors' properties will have frosted glass on the bathroom windows. VI. Beehive on the property will be removed. Urban Beekeepers can assist. VII. Palms by the Water will confirm with civil engineer that there will be 3 drains on the swale due to the drainage issues. If 3 drains are not required for drainage purposes, Palms by the Water will obtain a written explanation from the Civil Engineer re: this issue. Per comments from the Civil Engineer, the drainage onsite will be self-contained and the design capacity is 14 inches of rain over the entire property. If/when it would reach its capacity, the overflow will drain into the canal via the drainage easement. Another way of explaining it is that the on -site drainage system will be designed to hold 25-year, 3-day storm event runoff without discharging spillage outside the property limits. The stormwater runoff will be contained on -site in drainage retention areas. If you were to compare the existing condition of the site and the post improvements condition of the project's drainage runoff, the post improvements condition will have less impact on the surrounding areas than the existing condition. If there are any issues with drainage, Palms by the Water agrees to work in good faith with neighbors to remedy them. VIII. RE: access to the two foot drainage easement adjacent to Sam & Philip: either remove one or both of the access points, and/or add a solid gate or door from the lift station/interior of property, subject to City approval. Replacement of grass with mulch, subject to City approval. IX. Timing: Upon approval of this Agreement, Palms by the Water will proceed in good faith and expeditiously to make the aforementioned revisions to the site plan, elevations & landscape plans and obtain approval from the City to do so; Palms by the Water will thereafter request that any remaining conditions be added as Conditions of Approval. 2. Adjacent neighbors' obligations. a. Adjacent neighbors agree that Palms by the Water has endeavored to work with and address your concerns, as well as making substantial design modifications to meet said concerns. b. Mr. & Mrs. Andescavage, Mr. McCumber, & Ms. Ringstad agree to the broad proposition that "goalposts cannot continually be moved"; i.e. the parties have been Sincerely, Jeremy Shir ALMS BY THE WATER; ow Mr. Tzfania Bensaadon, Managing Member Hate; By: zf° )JACENT NEIGHBORS: By: Mr. & Mrs. Andescavage, 3301 Date; By: