HomeMy WebLinkAboutR-2008-127 Valgard Extension RESOLUTION NO. 2008-127
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST MADE BY SCOTT BACKMAN, ESQUIRE WITH THE FIRM
SIEGEL,LIPMAN,DUNAY, SHEPARD&MISKEL,LLP,REPRESENTING THE
PROPERTY OWNER, VALGARD OF STIRLING LLC FOR A SECOND
EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 23,
2007 AND EXPIRES ON AUGUST 8, 2008) RELATING TO THE APPROVALS
OF A SPECIAL EXCEPTION SE-23-06, APPROVED BY RESOLUTION 2006-
133; VARIANCE VA-24-06 BY RESOLUTION NO. 2006-134 AND THE SITE
PLAN REQUEST SP-22-06 BY RESOLUTION NO. 2006-135, FOR PROPERTY
GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND
(UNIMPROVED) SW 19TH 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 a request for a Special
Exception(SE-23-06)to allow a storage warehouse in the IROM(Industrial Research Office Marine)
zoning district,pursuant to Resolution 2006-133,for property generally located at the NW comer of
Stirling Road and(unimproved)SW 19a'Court(on the north side of Stirling Road west of I-95);and
WHEREAS, on August 8, 2006, the City Commission approved a request for a variance
(VA-24-06) for the property, by Resolution 2006-134 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); and
WHEREAS,on August 8,2006,pursuant to Resolution No. 2006-135,a site plan approval
for the proposed construction of a 101,953 square foot self-storage/retail building, for the property
was granted, subject to conditions; and
WHEREAS,on October 23,2007,pursuant to Resolution No.2007-212,an extension of the
above approvals was granted until August 8, 2008; and
WHEREAS,Scott Backman with the firm Siegel,Lipman,Dunay, Shepard&Miskel,LLP,
representing the property owner, Valgard of Stirling LLC, is requesting a second extension of the
approvals associated with the above described project relating to the special exception,variance and
site plan approvals until August 11, 2009;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the request to extend the expiration date of the approvals to August 11,
2009 for the special exception, variance and site plan are approved, subject to 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 band to reflect the value of the existing trees that are preserved on site,
relocated or both. 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.
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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 all 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 August 12, 2008.
AT EST:
LOUISE STILSON, CMC 11 ALBERT C. JONES
CITY CLERK MAYOR-COMMISSI
A7ED
APPROVED AS TO FORM AND ORRECTNESS:
BY: (') '
THO AS
CITY ATTJ. EY
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