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HomeMy WebLinkAboutR-2003-258 SP-37-03 Forest View RESOLUTION NO. 2003 - 258 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DANIEL SAWICKI, STIRLING, LLC., A FLORIDA LIMITED LIABILITY COMPANY(FOREST VIEW), FOR PROPERTY GENERALLY LOCATED EAST OF SW 35T" TERRACE AND WEST OF SW 35T" AVENUE ALONG STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Daniel Sawicki, Stirling LLC, a Florida Limited Liability Company(Forest View), has applied for site plan approval for the proposed construction of 12 single family homes known as Forest View Estates, generally located east of SW 35t"Terrace and west of SW 35t" Avenue along Stirling Road, in the City of Dania Beach; and WHEREAS, the Planning&Zoning Board on August 20, 2003, recommended that the City Commission grant the site plan request (SP-37-03), based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (SP-37-03)for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved, subject to the following conditions: (1) Identify the internal clear garage space (18' X 18') in the Homeowners' =AlIkk Association documents for purposes of disclosure. SP-37-03 1 RESOLUON NO. 2003-258 (2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire '® Marshal). (3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire Marshal). (4) Provide type "D" curbing on both sides of the private street or other suitable materials approved by the Public Services Director to protect the vegetation. (5) Final plat to be recorded prior to issuance of any building permits and site plan to be consistent with plat. (6) The Homeowners Association documents shall reflect that back yards shall be used for drainage. (7) Applicant shall erect no parking signs (fire lane), if requested by the Fire Marshal, along the private road. It is further noted that the original Site Plan is maintained in the office of the Community Development Department, of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p) of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 18 months from the date of this resolution. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 12T" DAY OF NOVEMBER, 2003. B PINT MAYOR-C MMISSIONER • SP-37-03 2 RESOLUON NO. 2003-258 • ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES CHARLENE JO SON COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR MCELYEA - NO MAYOR ANTON- YES APPROVED AS Tq FORM AND CORRECTNESS: BY: HO A9 J. ANSBRO CITY ATTORNEY • SP-37-03 3 RESOLUMN NO. 2003-258 City of Dania Beach Application for Site Plan Approval 100 W. Dania Beach Blvd. Dania Beach, FL 33004 �te- (954) 924-3645 Phone Application SP- 37-03 (954) 922-2687 Fax The undersigned petitions the Growth Management Department and/or the City Commission of the City of Dania Beach to consider site plan approval on the parcel(s) of land described in this application. NAME OF APPLICANT: uoe jC� SlCk1 .Si~irl�it�. LAC ADDRESS OF APPLICANT: C44.5 A $�y�f , S�, 101 A&UML A -3.31� APPLICANT PHONE & FAX: �.�'s,Jy a'�.�� C.3D�4Qa- �(oAX PROPERTY INTEREST OF APPLICANT (Please provide documentation): Owner NAME AND ADDRESS OF PROPERTY OWNER (Proof of ownership and if not the applicant— authorization letter to apply as repre entative): .r , 9 L , , , • or ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT PROPERTY (Attach legal description if necessary): (sa 0#4tw RECORDED PLAT NAME: for& 6r &I 4 'Ps If tre 41 . EXISTING LAND USE DESIGNATION: t EXISTING ZONING: LOT SIZE: ACREAGE a� ��' SQ. FT. DESCRIPTION OF PROJECT: 51111 � faf0h 1?*tl uyi!' LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE REQURIED TO SUPPORT THIS APPLICATION: MIA i ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION: NOTE: ALL SIGNA _j MUST BE NOTARIZED BY ORA DANIA BEACH CITY COMMISSION Sworn to and subscribe before me Signature of itioner Athisday of of Prj4ited Name of Notary Street ddress, City State & Zip ki 0, K 3300 Commission Expires � �® �� Seal: t�p� J1, Telephone Number WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE FOLLOWING: This is to certify that I am the owner of subject lands described above in the PETITION FOR SITE PLAN APPROVAL and that I have authorized to make and file the aforesaid PETITION FOR SITE PLAN APPROVAL. Sworn to and subscribed before me Signature of Petitioner this day of 19 • Notary Public State of ( ) Printed Name of Notary Street Address, City State & Zip Commission Expires Seal: Telephone Number Site Plan Fees are calculated as follows: Residential - $275.00 Base Fee, plus$8.80 per unit for the first 100 units, plus $4.40 for each unit In excess of 100 units. Non-Residential/Hotel-Motel -$275.00 Base Fee, plus $1.10 per 100 sq. ft. for the first 10,000 sq. ft. Plus 0.55 per 100 sq.ft. for that portion in excess of 10,000 sq. ft. Major revision for residential or non-residential and hotel/motel site plan—1/2 of site plan fee. In addition, a retainer Is required for administrative and advertising costs-(As per Ch. 28, Article 9.60. Recovery of costs...) Minimum fee required is$5.000.00 plus the application fee for Non Residential/Hotel Motel Multi- family and and Site Plan Revisions Minimum fee required is S3,000.00 plus the application fee for Duplex Residential Site Plan Application Additional Information Property Name: Forest View Estates Property Address: Approximately 2.4 acres on Stirling Road and 36th Street in Dania Beach Tax Folio Number: 0231-01-0400 Legal Description: The east%of the west%of tract 1 (a.k.a. lot 1), block 3,of section 31,township 50 south, range 42 east, according to the plat thereof as recorded in plat book 2, page 32 of the public records of Miami-Dade County, Florida; less that portion thereof lying within 53.00 feet of the south line of said section 31, township 50 south, range 42 east, according to the plat thereof as recorded in plat book 2, page 32,of the public records of Miami-Dade County, Florida, said lands situate, lying and being in Broward County, Florida. AGENDA REQUEST FORMO CITY OF DANIA BEACH AGENDA ITEM NO. a 1. DATE OF COMMISSION MEETING: NOVEMBER 12,2003 2. DESCRIPTION OF AGENDA ITEM: SITE PLAN REQUEST SP-37-03(FOREST VIEW ESTATES) (CONTINUE FROM 9/23/03) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Site plan request by Daniel Sawicki, Stirling, LLC, A Florida Limited Liability Company for property generally located east of SW 351h Terrace and west of SW 351h Ave along Stirling Road in the City of Dania Beach, Florida. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report Resolution Review Sheets Application Location Map Site Plan (11 x17) • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their August 20, 2003 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date November 3, 2003 Community Development Department City Manager Date • • CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: November 12, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C• G..`---- Corinne Church, AICP, Principal Planner eAa SUBJECT: VA-43-03 & SP-37-03: Daniel Sawicki, Stirling, LLC, a Florida Limited Liability Company (Forest View) is requesting variances and site plan approval for the construction of 12 single family homes generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling Road. VARIANCES 1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277 sq. ft.); (Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot). • 2) Allow construction of an 8 foot wall at the front of the development 6 foot hi allowed per Broward County Zoning Code, Section 39-81(b) (). ( 9h wall 3) Allow a 4 foot landscape buffer along the west-side property line [5 feet required, Broward County Zoning Codes, Section 39-81(b) (1)]. 4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft. permitted). SITE PLAN Site plan for the construction of 12 single family homes. SITE PLAN ANALYSIS The subject property is currently vacant. The property is zoned RM-5 (multi-family). The Future Land Use Plan designation is 'Low 5 Residential" (up to 5 dwelling units per gross acre). Based on a gross acreage of 2.6 acres, the applicant is permitted 13 dwelling units, subject to compliance with zoning requirements. 12 single family homes amounts to 4.6 dwelling units per acre. On October 28, 2003 the City Commission continued this project to allow the City Attorney . time to determine whether a private road can be considered part of the lot area. The Department of Community Development has not yet received an opinion from the City Attorney regarding this issue. • The City Commission also continued this project on September 23, 2003 requesting the applicant to reduce the number of residential units to 11, reducing density to 4.23 dwelling units per acre. The applicant chose not to revise the plans as requested. The applicant still proposes 12 zero lot line dwelling units. Each unit will be provided access via a private road, which will have a gated entrance at Stirling Road. The gated entrance at Stirling Road provides two stacking spaces each for visitors and guests. The Director of Public Services (see attached e-mail dated July 31, 2003) indicates that Broward County has determined there is sufficient vehicle stacking area subject to installation of a guard rail. The zoning code requires 26 parking spaces (excluding garages). The plan shows 24 resident spaces (two per dwelling unit) plus four guest spaces, for a total of 28 spaces. Each home is designed with a garage. The proposed garage dimensions scale 18 feet by 18 feet of clear space, less than the minimum two-car garage size (20' x 20� required by the zoning code. Staff is requesting the applicant to provide the dimension of the garage space in the homeowners' associate agreement to make purchasers aware of the limited garages size. The Pubic Services Director indicates his preliminary analysis indicates the proposed site plan complies with code (see attached e-mail dated September 5, 2003). However, the grading plan suggests the rear yards will serve as a dry retention area. Future residents may expect that their back yards will be a drainage feature. Staff suggests that the HOA documents reflect that this property will be used accordingly. VALANCE ANALYSIS 1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277 sq. ft.). The minimum plot size of nine (9) of the 12 lots are less than 6,000 square feet. The plot sizes range from 5,277 square feet to 9,718 square feet in size. While most lots are smaller than permitted, some lots are larger. The average lot size for the development exceeds 6,100 square feet. The reduced lot sizes are due to the location of the private road, which meanders across the site from south to north in an effort to preserve as many existing trees in their current location. While the minimum plot size may be achieved if the road is relocated, this may cause the removal or relocation of additional trees. Staff supports this variance in order to preserve the trees 2) Allow construction of an 8 foot wall at the front of the development. The zoning code allows a maximum height for walls and fences to be six (6) feet in residential areas. The applicant is proposing an eight (8) foot wall at the entrance of the development where the sign is proposed for 21.5 linear feet. The wall that extends from ® the entrance sign will be six (6) feet with a two (2) foot decorative aluminum fence on top, making the overall height eight (8) feet. An eight foot wall is inconsistent with a fence to the west of the adjacent synagogue and a wall on the south side of Stirling Road in Hollywood. Staff will support a variance for a six (6) foot wall topped with a two (2) foot high decorative aluminum picket fence, painted black. 3) Allow a 4 foot landscape buffer along the west-side property line (adjacent to synagogue). The reduced landscape buffer results from the existing tree location and the serpentine private road. Four existing oak trees located in front of Units 3 and 4 are proposed to remain at their current location. In order to preserve these trees the private road curves to circumvent the trees resulting in a four (4) foot setback from the west property line. The applicant is proposing to plant seven (7) Sable palms in this four foot area to visually buffer the new homes from adjacent property. Staff supports this variance to al/ow existing trees to remain undisturbed. 4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft. permitted). The applicant has requested a temporary construction sign to be erected to advertise the sale of the proposed homes prior to and during construction. The zoning code allows a 16 square foot sign for such purpose and requires removal of the sign no later than the • issuance of the certificate of occupancy. The applicant is requesting a 32 square foot temporary construction sign providing for a project description and rendering. Staff supports this sign variance provided the applicant agrees to remove the sign prior to the issuance of the last certificate of occupancy. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Site Plan: Approva/ subject to the following: 1) Identify the internal clear garage space (18' x 18� in the homeowners' association documents for purposes of disclosure. 2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire Marshall) 3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire Marshall). 4) Provide type "D" curbing on both sides of the Private Street or other suitable materials approved by the Public Services Director to protect the vegetation. 5) Final plat to be recorded prior to issuance of any building permits and site plan to be consistent with plat. • 6) The HOA documents shall reflect that back yards shall be used for drainage. 0 7) Applicant shall erect no parking signs (fire lane), if requested by the Fire-Marshall, along the private road. Variances: &grpva/ subject to the following: 1) Identify the internal clear garage space (18' x 18� in the homeowners' association documents for purposes of disclosure. 2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire Marshall) 3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire Marshall). 4) Provide type "D" curbing on both sides of the Private Street or other suitable materials approved by the Public Services Director to protect the vegetation. 5) Final plat to be recorded prior to issuance of any building permits and site plan to be consistent with plat. 6) The HOA documents shall reflect that back yards shall be used for drainage. 7) Applicant shall erect no parking signs (fire lane), if requested by the Fire-Marshall, along the private road. 8) Removal of temporary construction sign prior to issuance of the last certificate of occupancy. CITY COMMISSION PREVIOUS ACTION On October 28, 2003 the City Commission continued this project to allow the City Attorney time to determine whether a private road can be considered part of the lot area. On September 23, 2003 the City Commission continued this project requesting the applicant to reduce the number of residential units by one. Eliminating one unit will reduce density from 4.60 units per acre to 4.23 units per acre. The applicant chose not to revise the plans as requested. CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 • Phone: (954)924-3645 Fax: (954)922-2687 Date: 9/08/03 Folio#: Project Name: Forest View Site Plan(final revised) Project: SP-37-03/VA-43-03 VIA: MAIL PICKUP IN-HOUSE PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. 19 FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Michael Sheridan ❑ PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: [ V0,01 [ ]COMMENTS MUST BE ADDRESSED DENIED: AND RE-SUBMITTED FOR REVIEW [ ] PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ ] List conditions: Please review revised site plan and return with comments if any. "a9 Signature died G y Print Name 3 Date Mk*"s 948.03.a« CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ® Phone: (954)924-3645 Fax: (954)922-2687 Date: 9/08/03 Folio#: Project Name:_Forest View Site Plan (final revised) Project: SP-37-03/VA-43-03 VIA: MAIL PICKUP IN-HOUSE PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey UTILITIES DIRECTOR: Michael Sheridan o PRINCIPAL PLANNER Corinne Church o LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: [ ] [ ] COMMENTS MUST BE ADDRESSED DENIED: AND RE-SUBMITTED FOR REVIEW [ ] PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: [ ] List conditions: Please review revised site plan and return with comments if any. s Sign ure ® Print Name Date Michael S.doc CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954)922-2687 Date: 9/08/03 Folio#: Project Name: Forest View Site Plan (final revised) Project: SP-37-03/VA-43-03 VIA: MAIL PICKUP IN-HOUSE PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Michael Sheridan 29 PRINCIPAL PLANNER Corinne Church ❑ LANDSCAPING CONSULTANT: Bill Tesauro • APPROVED AS SUBMITTED: [ ] [ ]COMMENTS MUST BE ADDRESSED AND RE-SUBMITTED FOR REVIEW DENIED: [ j PRIOR TO COMMISSION APPROVAL. APPROVED WITH CONDITIONS: ( ] List conditions: Please review revised site plan and return with comments if any. f IG�c. ' .i U 4/1Gt can -� Lnk, 0� i n I-r10 t Y Q.. 7 Signature Print Name Date Ed T 9.08-03.doc x i LO 77! m O o HOLLYl�VO®® SW 56TH SJ - �� Z W 56TH CT � 4 m m` PROPOSED SITE' 43-03/:SP 37-03 w � IRLING RO= , y_ HOLLYWO®® i n 5 t