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Home My WebLink AboutR-2007-212 Valguard Extension RESOLUTION NO. 2007-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST MADE BY NECTARIA M. CHAKAS WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING THE PROPERTY OWNER, VALGARD OF STIRLING LLC, FOR AN EXTENSION OF SPECIAL EXCEPTION SE-23-06, APPROVED BY RESOLUTION 2006-133;VARIANCE VA-24-06,APPROVED BY RESOLUTION NO. 2006-134; AND SITE PLAN SP-22-06 APPROVED BY RESOLUTION NO. 2006-135, ALL APPROVED ON AUGUST 8, 2006, FOR PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19T" COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 8, 2006, the City Commission approved the request for a special exception(SE-23-06)to allow a storage warehouse in the IROM(Industrial Research Office Marine) zoning district, by Resolution 2006-133 which will expire on February 8, 2008, for property generally located at the NW corner of Stirling Road and (unimproved) SW 19`h Court (on the north side of Stirling Road west of I-95), in the City of Dania Beach; and WHEREAS, on August 8, 2006, the City Commission approved the request for variance VA-24-06 for the following: 1. to provide 28 self-storage parking spaces (Chapter 28, "Zoning", Article 6.21, "Off-Street Parking", requires 124 parking spaces for a storage warehouse); 2. to provide a 16 foot rear setback (Chapter 28, "Zoning", Article 18, "IROM", Section 18.60, "Area Requirements", (c)3 "Yards" requires 28 feet); and 3. to provide a 2 foot landscape buffer at front of property; (Chapter 26, "Vegetation", Article IV, "Landscaping", Sec. 26-51, "Perimeter landscape requirements for business, commercial and industrial properties", requires a 10 foot landscape buffer), for the property, by Resolution 2006-134 which expired on August 9, 2007; and WHEREAS, on August 8, 2006, the City Commission also approved the request for a site plan (SP-22-06) to allow the construction of a 101,953 square foot self-storage/retail building, by Resolution 2006-135 which expired on August 9, 2007, for the property; and WHEREAS,Nectaria M. Chakas with the law firm of Ruden, McClosky, Smith, Schuster and Russell,P.A. is requesting extensions of the special exception,variance and site plan approvals until August 8, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration dates for the approval of the special exception SE-23-06,variance VA-26-06 and site plan SP-22-06,until August 8,2008,are approved, with the following conditions: 1. High-parking demand retail uses (restaurant, bar, convenience store, medical office, bank, gym, and assembly uses) shall be prohibited. 2. Compliance with Fire-Marshal requirements prior to building permit approval. 3. Compliance with the following vegetation requirements: (a) Preservation of four Live Oak trees, three Gumbo Limbo trees, and two Strangler Fig trees. (b) Relocation of one Live Oak on-site. (c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. (d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation; payment of$3,000 into the Tree Preservation Trust Fund. (e) Adding 7 new trees (Minimum 14' high, 8' canopy, and 3" caliper) for 45 new trees. (f) Posting$78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded one year after Certificate of Occupancy if all the trees are still healthy and well maintained. If the trees are dead or dying(excluding hurricane or tropical storm damage verified by city staff), they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for future sidewalk construction, including 2% pervious area waiver. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by Public Services Director. 6. Four palm trees (20 foot starting height)to be planted between the north lot line and rear of the building. 2 RESOLUTION #2007-212 7. Extend screen wall to building (parallel with north lot line). 8. Installation of water pipe within utility easement to north lot line. Section 2. That such approvals are subject to the conditions previously approved by the City Commission. 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 October 23, 2007. Aj�-//&� AN ON MAYOR—COMYIONER ATTEST: o�&&*14 LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM A D CORRECTNESS: BY: TH MAS I/ANSIMO CITY ATTORNEY 3 RESOLUTION 42007-212 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 Z Plat Delegation Request Z Rezoning Date Rec'd: 10 Site Plan Z Special Exception Petition No.: X� — " C C- ❑ Special Request I\ 2_ , _ C ❑ Trafticway Waiver y� Z Variance ❑ Vacation Request S'`�,, L - -� 3 - r L- ❑ Other: V4— a 9 U ! This application must be completed in full and submitted along with all necessary documents for it to be processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA UNTIL IT IS COMPLETE. Refer to the "Application Type" and "Required Documentation" checklist to determine the supplemental documents required with each application. STAFF WILL PROVIDE THE APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the State of Florida, and other appropriate design professionals. The applicant of record or their authorized legal agent shall present projects to the pertinent board. 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. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. Location Address: No site address, please see attached legal description. Lot(s): see attached Block: see attached Subdivision: see attached Recorded Plat Name: Leto Park Plat Book 118-39 Folio Number(s): 504233370020 Legal Description: See attached Applicant/Consultant/Legal Representative(underline one) Bonnie L. Miskel, Ruden McClosky Address of Applicant: 200 East Broward Boulevard Fort Lauderdale FL 33301 Business Telephone: (954) 527-2476 Home: Fax: (954)333-4076 Name of Property Owner: Stirling Shell LLC Address of Property Owner: 2090 N.E. 1241" Street. North Miami Beach, FL 33181 Business Telephone: Home: Fax: Explanation of Request: FTL:1666978:1 Updated 3MV03 Prop. Net Acreage: Gross Acreage: .1.449 ac. Prop. Square Footage: 63,124 square feet Existing Use: Vacant Proposed Use: Air conditioned self-storage facility/ground floor retail Is property owned individually, by a corporation,or a joint venture? Corporation APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swor tp_and subsGG��ribed before me Applicant/Consultant/Representative: This t day of/l l t C rF 20D I1; Signature�' t " � V Date: h b : Sign Name o tary Public (Print NameY Sttat_e IO �of( FLaQF} ) T fF. � � fc� (e, �I Print Name of Notary Street Address, City, State and Zip Code rr 9 BeverlyAnn e 3-3 o-7 C. Commission Expir Bell q S `Y 17 ZY 76 � S� 3 —y misson#DD46214 Seal: telephone No. & Fax No.Expires November26,2009 8w T1W Fan-1.Inc gpp305.1019 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the 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: G' Date: / / I Sign Name of Notary Public (Print NAme) State of( j C r „; �' , ) 12 Print Name of Notary Street Address,, City, State and Zip Code Commission Expires: C S S- �/U Seal: T .ep one No. & Fax No. pUCHEREAUONO N11DD462M1ugust �.rP� " F-rL:1666978:1 EXHI BIT "A" A PORTION OF TRACT "A" OF "LETO PARK" ACCORDING TO THE PLAT 1NEREUF AS RECORDED IN PLAT ROOK 118 AT PACE 39 OF THE PUBLIC RECORDS OF Bi20WARQ CCUN7Y, FLORIDA; OCING MORE PARTICULARLY DESCIZIDED AS FOLLOWS: � DEGIN AT TIIE MOST SOUTHERLY SOUTHWEST CORNER OF SAID TRACT "A TIJENCE RUN NORTH 00 DEGREES 40 MINUTES 16 SECONDS EAST ALONG THE WEST LINE DF SAID TRACT "A" FOR A DISTANCE OF 278.85 FEET TO A POINT; TI]ENCE RUN NORTH 89 DECREES 58 MINUTES 59 SECONDS EAST FOR A DISTANCE OF 7..30.92 FEET TO A POINT ON THE EAST UNE OF SAID TRACT "A"; ]HENCE. RUN SOU111 00 DEGREES 40 MINUTES 16 SECONDS WEST ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 254.22 SECONDS WESTNFORf THENCE DISTANCE SOF]16.37 FEET 0 A POINT OF OB INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, ]HE CENTER OF WHICH REARS NORTH 06 DEGREES 11 MINUTES 40 SECONDS WEST FROM SAID PO;N'h TIIENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2302.26 FEET, THRU A CENTRAL ANGLE OF 05 DEGREES 21 MINUTES 09 SECONDS FOR AN ARC DISTANCE. UF" 215.07 FEET TO A POINT OF NON—TANGENCY; THENCE RUN NORTTI 90 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 4,98 FEET TO THE POINT OF BEGINNING. Lc::� �»� ercopt d11 road T"llts-of-way . 011 APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/Repr e: This_day of 20_ Signatur Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code c" Commission Expires: C ) 1 Seal: Telephone 4o. &Fax No. INDMDUAL OWNER NOTARIZED SIGNATURE: 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. PEAR 2 1