HomeMy WebLinkAboutR-2007-132 DJP Site Plan and Waiver RESOLUTION NO. 2007-132
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE SITE PLAN REQUEST AND SETBACK WAIVER SUBMITTED BY
MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE PROPERTY
OWNER MARINA MILE PARK OF COMMERCE, LLC, FOR PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF SW 30T" AVENUE AND
SOUTH OF STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA;
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, Section 18.60, "Area Requirements" of Article 18 of Chapter 28 of the City
Code of Ordinances of the City of Dania Beach, Florida, sets the area requirements for uses within
the IROM zoning district; and
WHEREAS, Miller Legg& Associates, Inc., on behalf of the property owner Marina Mile
Park of Commerce, LLC., is requesting site plan approval for the proposed construction of 62,176
square feet of warehouse/condo and 117,137 square feet of office use to be generally located on the
east side of SW 301h Avenue and south of State Road 84, in the City of Dania Beach; and
WHEREAS, Miller Legg& Associates, Inc., on behalf of the property owner Marina Mile
Park of Commerce,LLC., is requesting a waiver(WA-32-07)to provide a front setback of 37 feet.
(Chapter 28, Article 18, IROM, Section 18.60 requires a setback of 40.5 feet.)
WHEREAS,the Planning and Zoning Board on June 20, 2007, recommended that the City
Commission grant the site plan request (SP-12-07), subject to certain conditions, based upon the
criteria set forth in Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of
Dania Beach; and
WHEREAS,the Planning and Zoning Board on June 20, 2007,recommended that the City
Commission grant the request for waiver(WA-32-07), subject to certain conditions,based upon the
criteria set forth in Section 18.60 of Article 18 of Chapter 28 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-12-07) for site plan approval and (WA-32-
07)request for waiver,a copy of which is attached and made a part of this Resolution as Exhibit"A"
is approved with the following conditions to be addressed prior to issuance of a building permit:
1. Must provide recorded access easement for use of ingress/egress at NW corner of
property prior to issuance of building permit (Planning Division).
2. Must provide a recorded copy of the plat prior to issuance of the building permit
(Planning Division).
3. Directory sign area cannot exceed 24 square feet. Must be revised prior to issuance of a
building permit; additional review will be needed (Planning Division).
4. 8 directory signs proposed; 6 permitted. Must be revised prior to issuance of a building
permit; additional review will be needed (Planning Division).
5. Sheet SPO-1 shows 9 monument signs and no directory signs. Must be revised prior to
issuance of a building permit; additional review will be needed (Planning Division).
6. If applicant wishes to phase the project (i.e., construct the office buildings first), an
amendment to the site plan with staff review and possible City Commission approval will
be necessary showing how each phase can stand on its own(Planning Division).
7. Water supply to be provided prior to issuance of a building permit after Broward County
has installed 16" mains (Fire Marshal).
8. Additional information will be provided prior to issuance of building permits,as stated in
their response. We reserve the right to provide additional comments. (Public Services).
2 RESOLUTION#2007-132
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 12 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 on July 24, 2007.
v
OB ANT
MAYOR— OMMISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO E M AND CORRECTNESS:
BY:
TlfOM APS1f3RO
CITY ATTORNEY
3 RESOLUTION #2007-132
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954)924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request (f� '}v ��
❑ Rezoning �c� ll Date Rec'd: (o y
❑ Site Plan
❑ Special Exception JUN 0 4 Y007 Petition No.: wA_ Ja-o"]
❑ Special Request
❑ Trafflcway Waiver Planning❑ Variance
❑ Vacation Request Department
A Other: [AjO6lJ2 (?—
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings. All projects must also obtain a building
permit from the City's Building Department.
Location Address: South of SR 84, between SW 30 Avenue and SW 26 Terrace(Tram Road)
Lot(s): N/A Block: N/A Subdivision: N/A
Recorded Plat Name: DJP Airport West(proposed); Isgette's Runway BCR B 158, PG 18
Folio Number(s): 5042.20.50.0010(portion only) Legal Description:
5042.20.00,0320
5042 20 00 0330 504220 00 0340
Applicant/Consultant/Legal Representative(circle one) Miller Legg 8 Associates, Inc.
Address of Applicant: 1800 N. Douglas Road, Suite 200, Pembroke Pines, FL 33024
Business Telephone: 954.436,7000 (o)/ Home: N/A Fax: 954-436-8664
Name of Property owner: Marina Mile Park of Commerce, LLC
Address of Property Owner: 814 S. Military Trail, Deerfield Beach, FL 33442
Business Telephone: 954-596-2411 Home: N/A Fax: 954-480-6250
Explanation of Request: Administrative Variance. See attached correspondence for ff " ;.istification.
Prop. Net Acreage: +/- 16.27 Gross Acreage: Prop. Square Footage: 7 sf
Existing Use:vacant Proposed Use:63,200 sf warehous- f office
Is property owned individually, by a corporation, or a joint venture? LL __
I un rsta that site plan and variance approval automatically expires within 12
m the of City omm ssion approval, pursuant to Ordinance No. 2005716
iful CoIIfN _
Applicant/Own r ignature Print Name Date
APPLICANT,CONSULTANT, OR LEGAL REPRES NTATIVE N RIZED IGPIATURE
Sworn to and subscribed before me Appli nt/Consultant/Represe to
This day of T LL&k-- 20L.�
Signature: /I
Date: y
Jill Cohen, RLA, AICP
Sign a e of Nota blic (Print Name)
Stat (Ft or-� P ) � - 1600 N. Douglas Road, Suite 200
v\^ Pembroke Pines, FL 33024
Print Name of Notary Street Address, City, State and Zip Code
Commission E `Osy'(*�' MA Y MFDE 954.436.7000(p)/954.436.8664 (f)
Seal: '�* EXPIRE 10 Telephone No. &Fax No.
J'„��p�e.°� BaidaC iMU BuEpMNOWYBwkM
INDIVIDUAL OWNER NOTARIZED SIGNATURE: N/A
This is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Applicant/Consultant/Representative) to
make and file the aforesaid application.
Sworn to and subscribed before me Owner:
This day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
I
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative)
Robert Miller to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
Madna Mi r6 o merce,LLC
This�day of-„�P 20�
Signature:
Date: 04 • 0 4 • D0
Robert Millar
\ _ (Print Name)
v� �.�\. \... Chief Operating Officer
Sign Name of Notary blic (Print Title)
State of( Ftor,2,a._. )
814 S.Military Trail,Building 6
naarflaid Reath.FL 31442
Print Name of Notary Stree Address, City, State and Zip Code
Y�,vH MICHELEUREYTEDRIC 54. 6.2411(py 954.480.6250
Commission Ex 'r • • tateofF
Seal: `WCommssanExpveaNatQ¢Agp one No. &Fax No.
at, Commission a DO 452326
Bonded By National Notary Assn.
30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This_day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
**Each partner must sign. Attach duplicate sheets as required.
i
N
MILLER LEGG
June 4, 2007
0:Pianning
Laurence Leeds, AICPGrowth Management City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
RE: DJP Airport West Site Plan (f.k.a.) Marina Mile Park of Commerce
MLA Project No: 06-00329
Dear Mr. Leeds:
Per our Site Plan Review Committee comments, dated April 27, 2007, please accept this
administrative variance request for the above referenced project. The applicant is
requesting an administrative variance request, per "Chapter 28, Land Development Code
Section (LDC) 10.13, Variances" for the front building setback along Southwest 301h
Avenue. The justification request per §10.13 of the Code, is attached.
Specifically, we are requesting a variance to LDC Chapter 28, Section 18.60 (c) (1)
"Yard Requirements," which requires a front yard setback abutting any street or public
thoroughfare to be one (1) times the building height, measured to the property line.
According to this code, a 43'-6" (the building height to the highest peak) setback is
required from the abutting Southwest 30th Avenue roadway. Technically, however, the
west property line is adjacent to an existing landscape and retention area, (per Plat Book
144, Page 2, which lies between the proposed DIP Airport West Site Plan and Southwest
30 Avenue) and not to the roadway. The closest condition is on the southwest building
comer which measures 37 feet from the building to the westem property line. The
`retention area' is an additional 46 feet at this closest condition, which combined with the
37 feet for the building, provides for an overall setback adjacent to the street of 83-feet.
Please accept this letter and attached justification, along with the application and check
for $ 290.00 as our administrative variance, request. Should you have any questions
please do not hesitate to contact me at ( 4) 436`7.000, Ext. 255.
Regards,
4
Jill Coe'/ RZA, AK PP
Associate/Planning
JC/rm/
Attachments
cc: Robert B. Miller, DIP Dcvclopmcm
Anitra Lanczi, Shutts and Bowen
Gordon Lunt, GLDC, Inc.
Jose Jaramillo, The Architectual Group
V Projects'-Otl60b-un329 - Marina .Mik Park U( t'omnmQl:%LucuntentY M,MLL(
%dill it strati,a vanauce Recst doc
IMPROVING eOMMUNITIES. CREATING ENVIR 'JMENTS.
South Florida Office: 1800 N Douglas Road • Suite 200 • Pembroke Pines,Florida • 0
(954)43646age F"QSA4)436-8664
www.millerlegg.com
i
Marina Mile Administrative Variance Justification
ATTACHMENT 1
Justification of Administrative Variance Request for Marina Mile Front Setback:
§10.13. VARIANCES. Authorize upon appeal such variance from the terms of the
chapter as will not be contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of this chapter will result in unnecessary and undue
hardship. In order to authorize any variance from the terms of this chapter, the city
commission must and shall find:
(a) That special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable to other
lands,structures or buildings in the same zoning district;
Response: This request is unique to this parcel of land is not applicable to
surrounding lands within this zone. The portion of the site "adjacent" to
Southwest 31P Avenue, which requires this variance, is separated by a
"triangular" piece of land which is, at its widest, 46 feet from back of curb to
said property line of DJP Airport West Site Plan, (See Attachment 2). We note,
that this "triangular" piece of land is not owned by the applicant and is a
landscape and retention area, per the "Port 95 Commerce Plat, " as recorded in
Plat Book 146, Page 2, B.C.R. and the proposed office building is 37 feet from the
DJP Airport West prOferty line and an additional 47 feet from the adjacent
roadway, Southwest V Avenue.
(b) That the special conditions and circumstances do not result from the actions
of the applicant;
Response: This condition is not a result of actions Jrom the Applicant. As
noted in the response above, the adjacent lands are a landscape and retention
area per recorded plat.
(c) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands, buildings or
structures in this same zoning district;
Response: This variance request would not grant any special privilege, as this
site has an additional landscape and retention buffer, per Plat Book 144, Page 2,
B.C.R., which at its widest measures 46 feet from the back of curb (Southwest 30
Avenue) to the DJP Airport West Site Plan property line. This strip of land lying
between Southwest 30"' Avenue and the west property line of this site plan is not
buildable and per the recording document is specified as use for retention and
therefore neither revokes any special privilege on the adjacent parcel.
(d) That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
Page 2 of 3
Marina Mile Administrative Variance Justification
district under the terms of this chapter and would work unnecessary and
undue hardship on the applicant;
Response: The interpretation of the provisions of this chapter would be a
hardship to the subject property to the development rights enjoyed by similar
properties with the same zoning designation. Due to the irregularity of
parcelization in area and the triangular shape of the adjacent property to the
west, the literal meaning and definition of the standard setback requirement is not
applicable in this scenario. A length of 83 feet is provided for this setback,
measured from the building corner closest to the property line, to the roadway
(37feet from the DJP Airport West property line and an additional 46 feet from
the adjacent roadway, Southwest 30'h Avenue). With the inclusion of the width of
the adjacent property, the combined setback far exceeds the standard
interpretation of the minimum code setback requirement.
(e) That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
Response: The granting of this variance will provide for a reasonable
accommodation for the building adjacent to the roadway considering the
circumstances of the recorded drainage retention area and the requirements
governing the front setback for this zone.
(f) That the grant of the variance will be in harmony with the general intent and
purpose of this chapter, and that such variance will not be injurious to the
area involved or otherwise detrimental to the public welfare.
Response: The granting of this variance will not be injurious to the area
involved or otherwise detrimental to the public welfare. This variance request is
for the setback to be from the property line, as opposed to the adjacent roadway,
as this site is separated 46 feet adjacent to the roadway, in addition to the
provided 37 foot setback to the property line. The combined 83 foot setback to the
roadway will provide for an aesthetically appealing corridor frontage in keeping
with the design intent of the code in effect.
Pa,ae 3 of 3