HomeMy WebLinkAboutR-2012-008 Approved Request for Modifications to Site Plan for Southern Waste Systems at 3200 SW 26 Terrace RESOLUTION NO. 2012-008
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA,APPROVING THE REQUEST FOR MODIFICATIONS TO
SITE PLAN SP-04-98, ORIGINALLY APPROVED ON MARCH 24, 1998, AS
MODIFIED BY DOCUMENTS IDENTIFIED IN RESOLUTION NO. 2011-066
ADOPTED JULY 12, 2011, SUBMITTED BY GEORGE PLATT,
REPRESENTING THE PROPERTY OWNER SOUTHERN WASTE SYSTEMS,
LTD., FOR PROPERTY LOCATED AT 3200 SW 26TH TERRACE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Part 6,"Development Review Procedures and Requirements"of Article 635-
20,of the City of Dania Beach,Florida,Land Development Code(the"Code"),states that approval
of a site plan is required prior to the commencement of any development in any zoning district of the
City, including but not limited to grading, excavating, dredging, filling, installation of roads and
utilities incidental to vertical construction, interior building alterations that increase the number of
residential units,business/tenant spaces,or otherwise increase the parking requirement under Article
265, prior to issuance of any building permit, and whenever required by other provisions of the
Code; and
WHEREAS, any changes or deviations of approved site plans must be reviewed and
approved under the same procedures that apply to new site plans; and
WHEREAS,George Platt,representing the property owner Southern Waste Systems,Ltd.,
has applied for modifications to the site plan originally approved by the Dania Beach City
Commission on March 24, 1998,relating to a construction and demolition debris recycling facility;
the proposed modification allows for construction of an accessory storage building on the property
for purposes of storing equipment on the property, located at 3200 SW 26th Terrace,Dania Beach,
Florida; and
WHEREAS, on July 12, 2011, the City Commission approved execution of a First
Amendment to the applicable Restrictive Covenants (Resolution No. 2011-066) and associated
documents,which allows the applicant to submit a site plan application for the requested additional
storage structure;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the proposed modifications to the site plan SP-45-11) for property
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located at 3200 SW 26 h Terrace in Dania Beach,Florida,are approved,subject to compliance with
all documents pertinent to the property, including those approved on March 25, 1998 and July 12,
2011.
Section 2. That based upon the criteria set forth in Part 6, "Development Review
Procedures and Requirements" of Article 635 of the City of Dania Beach, Florida, Land
Development Code, all site plan approvals shall automatically expire and become null and void,
unless building permits are obtained on or before twelve (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 January 24, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
O�pRD'S FllgsT
APPROVED AS O F AND CORRECTNESS
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THO AS J/A�NSIWO ,
CITY ATTORNEY
2 RESOLUTION#2012-008
AGREEMENT FOR PERMIT
This Agreement for Permit ("Agreement") is made and entered into on
,2012,by and between Southern Waste Systems,LTD,a Florida
Limited Partnership("SWS")and the City of Dania Beach,Florida,a Florida municipal corporation
("City„).
WITNESSETH
WHEREAS,SWS is the applicant for an amendment to the site plan for the property located
at the 3200 block of Southwest 20b Terrace,Dania Florida(hereinafter to as"Site")as described in
Exhibit"A"; and
WHEREAS,the Site is owned by SWS; and
WHEREAS,the Site is located within the municipal boundaries of the City and the City has
regulatory review for development of the Site according to the City of Dania Beach Code of
Ordinances; and
WHEREAS,on or about February,2010 SWS submitted to the City a completed application
for site plan approval to construct an additional accessory structure on the Site to be used for the
storage of equipment utilized in SWS recycling activities on the Site; and
NOW,THEREFORE,for and in consideration of the sum of Ten Dollars($10.00)and other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
Parties hereto agree as follows:
1. Recitals. The foregoing recitations are true and correct and are hereby incorporated by
reference. All exhibits to the Agreement are hereby deemed a part hereof.
2. Definitions. For the purposes of the Agreement,the following terms shall be defined as set
forth herein:
a. Recyclable Materials those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
b. Recovered Materials means metal, paper, glass, plastic, textile or rubber materials
that have known recycling potential,can be feasibly recycled,and have been diverted and
source separated or have been removed from the solid waste stream for sale,use or reuse
as raw materials, whether or not the materials require subsequent processing or
separation from each other, but does not include materials destined for any use that
constitutes disposal.
Recovered materials as described above are not solid waste.
C. Construction and Demolition Debris means discarded materials generally considered
to be not water-soluble and nonhazardous in nature,including,but not limited to, steel,
glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber,
from the construction or destruction of a structure as part of a construction or demolition
project or from the renovation of a structure, and including rocks, soils, tree remains,
trees, and other vegetative matter that normally results from land clearing or land
development operations for a construction project, including such debris from
construction or demolition project site. Mixing of construction and demolition debris
3 RESOLUTION#2012-008
with other types of solid waste will cause it to be classified as other than construction and
demolition debris. The term also includes
(i) clean cardboard,paper,plastic,wood and metal scraps from a construction project.
(ii) unpainted,nontreated wood scraps from facilities manufacturing materials used for
construction of structures or their components and unpainted, nontreated wood
pallets provided the wood scraps and pallets are separated from other solid waste
where generated and the generator of such wood scraps or pallets implements
reasonable practices of the generating industry to minimize the commingling of
wood scraps or pallets with other solid waste; and
(iii) de minimis amounts of nonhazardous wastes that are generated at construction or
destruction projects,provided such amounts are consistent with best management
practices of the industry.
d. Construction and Demolition Debris Recycling Facility means a facility that intakes
construction and demolition debris for the extraction of recovered materials and
recyclable materials,and for the off-site landfilling of non-recovered and non-recyclable
materials.
3. The original Site Plan for the Site and Construction and Demolition Debris Recycling Facility
was approved by the City on March 24, 1998 and was subjected to conditions that were agreed to by
SWS in a Restrictive Covenant recorded in Official Records Book 32697 Pages 850-863 of the
Public Records of Broward County, Florida.
As a condition of City approval of the amendment to the Site Plan, SWS is required to
execute the First Amendment to Restrictive Covenant,a copy of which is attached hereto and made a
part hereof as Exhibit B. The First Amendment to Restrictive Covenant shall be recorded in the
Public Records of Broward County by SWS and a copy of the recorded document shall be delivered
to the City Attorney.
4. The City approval of the amendment to Site Plan requires as a condition of approval that
SWS comply with the following additional conditions relating to the construction of the equipment
storage structure ("Structure"):
(i) Additional landscaping on the north side of the Structure including Live Oak
trees at 30' spacing with a height of 20'.
(ii) Such other landscaping as may be required by City Code.
(iii) Issuance of a building permit by the City and such other development
approvals as required by the City of Dania Beach Code of Ordinances.
5. Authorization
The persons executing this Agreement are authorized to obligate the respective parties.
6. Notice
Whenever any of the parties desire to give notice to the other pursuant to this Agreement,
such notice must be in writing,sent by U.S.Mail,postage prepaid,addressed to the party for whom it
is intended at the place last specified; the place for giving of notice shall remain such until it is
4 RESOLUTION#2012-008
I
changed by written notice in compliance with the provisions of this paragraph. For the present,the
parties designate the following as the respective places for giving notice:
For the City:
Robert Baldwin, City Manager
City of Dania Beach
100 West Beach Boulevard
Dania Beach, Fl. 33004
Thomas J. Ansbro, City Attorney
City of Dania Beach
100 West Beach Boulevard
Dania Beach, Fl. 33004
For the Developer:
Southern Waste Systems LTD
790 Hillbrath Drive
Lantana, FL. 33462
Attention: Charles Gusmano
7. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties herein,and the
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respective successors and assigns.
8. Miscellaneous
a. Entire Agreement.This Agreement sets forth all the promises,covenants,agreements,
conditions and understanding between the parties hereto, and supersedes all prior and
contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained, and except as contained in that
certain Restrictive Covenant entered into between the Parties for the Subject Property,
and such other matters as were conditions of the Site Plan Development Order.
b. Pronouns. All pronouns and any variation thereof shall be deemed to refer to the
masculine,feminine and neuter,singular or plural,as the identity of the party or parties,
as personal representative, successors or assigns may require.
C. Severability. The invalidity of any provisions hereof shall in no way effect or
invalidate the remainder of this Agreement.
d. Counterparts.This Agreement may be executed in one or more counterparts,each of
which shall be deemed an original but all of which together will constitute one and the
same instrument.
e. Headings. The section headings contained in the Agreement are inserted for
convenience only and shall not affect in any way the meaning or interpretation of the
Agreement.
5 RESOLUTION#2012-008
f. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of Florida, and any proceeding arising between the parties in any matter
pertaining to this Agreement shall, to the extent permitted by law, be held in Broward
County,Florida.Venue shall lie in the Circuit Court of the Seventeenth Judicial Circuit,
in and for Broward County, Florida or in the United States District Court for the
Southern District of Florida.
g. Attorney's Fees. Should either party hereto bring an action against the other to
enforce the terms and provisions hereof,then the party prevailing in said action shall be
entitled to a judgment against the other for reasonable attorney's fees and costs.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
year first above written.
WITNESSES: CITY OF DANIA BEACH,
FLORIDA, a Florida municipal
corporation
Signature ROBERT BALDWIN
CITY MANAGER
PRINT Name
Signature
PRINT Name
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
LOUISE STILSON, CMC THOMAS J. ANSBRO
CITY CLERK CITY ATTORNEY
RESOLUTION#2012-008
WITNESSES: Southern Waste Systems, LTD
A Florida Limited Partnership
Signature Charles Gusmano, Director and
President of BCA Holding Corp., as
PRINT Name General Partner of the Limited
Partnership
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me on ,2012 by Charles Gusmano,
Director and President of BCA Holding Corp.,as General Partner of the Limited Partnership,who is
personally known to me or who produced as identification and who
did/did not take an oath.
WITNESS my hand and official seal in the county and state last aforesaid on ,
2012.
My Commission Expires:
Notary Public
7 RESOLUTION#2012-008
EXHIBIT "A"
LEGAL DESCRIPTION
All of Parcel"H",RUNWAY LAKES III,according to the plat thereof recorded in Plat Book 156,
Page 44,of the public records of Broward County,Florida,TOGETHER WITH a portion of Parcel
"A",ISGETTES RUNWAY,according to the plat thereof recorded in Plat Book 158,Page 18,of the
public records of Broward County, Florida, and being all more fully described as follows:
Beginning at the Southwest corner of said Parcel"A";thence North 89°29'20"East,on the South line
of said Parcel"A",a distance of 1266.55 feet;thence North 88°43'35"East,on the said South line,a
distance of 187.58 feet;thence North 00°54'58"West,on the East line of said Parcel"A",and on the
East line of said parcel "H", a distance of 292.11 feet; thence South 88°49'41" West; of the North
line of said Parcel"H",and the Westerly extension thereof,a distance of 605.13 feet;thence North
01°55'03" West, a distance of 381.11 feet; thence South 89°20'00" West,on the North line of said
parcel "A", a distance of 851.47 feet; thence South 00°58'15" East, on the said West line of said
Parcel"A",a distance of 388.12 feet;thence South 02°43'28"East,on the said West line,a distance
of 278.41 feet to the Point of Beginning.
Said land situate, lying and being in the City of Dania, Broward County, Florida and containing
746,050 square feet or 17.1270 Acres more or less.
8 RESOLUTION#2012-008
This instrument prepared by:
George I. Platt, Esq.
George I. Platt, P.A.
333 North New River Drive East
Suite 3100
Fort Lauderdale, Fl. 33301
RETURN TO:
George I. Platt, Esq.
C/O LSN Partners, LLC
333 North New River Drive East
Suite 3100
Fort Lauderdale, Fl. 33301
FIRST AMENDMENT TO RESTRICTIVE COVENANT
This First Amendment to Restrictive Covenant is made and entered into on this day of
, 2012, by Southern Waste Systems, LTD ("Southern Waste Systems"), a Florida
Limited Partnership.
WITNESSETH:
WHEREAS,Southern Waste Systems is the owner("Owner")of property located at the 3200 block
of Southwest 260'Terrace, Dania Beach, Florida("Site") as described in Exhibit"A"; and
WHEREAS, Southern Waste Systems' use of the Site is subject to a Restrictive Covenant recorded
in Official Records Book 32697 Pages 850—863 of the Public Records of Broward County,Florida
("Restrictive Covenant"); and
WHEREAS, Paragraph 8 of the Restrictive Covenant requires City Commission approval of any
proposed construction of additional Facilities; and
WHEREAS,Southern Waste Systems is proposing to add an accessory equipment storage structure
("Structure") on the Site; and
WHEREAS,the Structure will only be used to store equipment used on the Site and there will be no
expansion of construction and demolition debris activities on the site as a result of the construction
of the Structure.
NOW THEREFORE, for and in consideration of the sum of Ten Dollars($10.00) and other good
and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Southern
Waste Systems covenant and agree as follows:
9 RESOLUTION#2012-008
1. Recitals. The foregoing recitations are true and correct and are hereby incorporated by
reference.
2. Structure. The Structure shall only be utilized for the enclosed storage of equipment that
service the current use of Southern Waste Systems' construction and demolition debris
recycling activity on the Site.
3. City Commission Approval. Construction and use of the Structure are subject to prior City
Commission approval including such regulatory approvals as are customarily required for
construction of an accessory structure as well as City Commission approval as to form of this
First Amendment to Restrictive Covenant and an Agreement for Permit.
4. Reaffirmation of Provisions of Restrictive Covenant. This First Amendment to Restrictive
Covenant incorporates by reference and reaffirms all of the provisions of the original
Restrictive Covenant in all regards except as to those matters expressly addressed in this First
Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Restrictive
Covenant as of the day and year first written above.
OWNER:
WITNESSES: Southern Waste Systems, LTD
A Florida Limited Partnership
Signature Charles Gusmano, Director and
President of BCA Holding Corp., as
PRINT Name General Partner of the Limited
Partnership
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me on ,2012 by Charles Gusmano,
Director and President of BCA Holding Corp.,as General Partner of the Limited Partnership,who is
personally known to me or who produced as identification and who
did/did not take an oath.
WITNESS my hand and official seal in the county and state last aforesaid on ,
2012.
My Commission Expires:
Notary Public
10 RESOLUTION#2012-008
EXHIBIT"A"
LEGAL DESCRIPTION
All of Parcel"H", RUNWAY LAKES III, according to the plat thereof recorded in Plat Book 156,
Page 44,of the public records of Broward County,Florida,TOGETHER WITH a portion of Parcel
"A",ISGETTES RUNWAY,according to the plat thereof recorded in Plat Book 158,Page 18,of the
public records of Broward County, Florida, and being all more fully described as follows:
Beginning at the Southwest corner of said Parcel"A";thence North 89°2920 East,on the South line
f id Parcel"A" a distance of 1266.55 feet;thence North 88°43'35"East on the said South line,a
o said ,
distance of 187.58 feet;thence North 00°54'58"West,on the East line of said Parcel"A",and on the
East line of said parcel "H", a distance of 292.11 feet; thence South 88°49'41" West; of the North
line of said Parcel"H", and the Westerly extension thereof, a distance of 605.13 feet;thence North
01'55'03" West, a distance of 381.11 feet;thence South 89°20'00" West, on the North line of said
parcel "A", a distance of 851.47 feet; thence South 00'58'15" East, on the said West line of said
Parcel"A",a distance of 388.12 feet;thence South 02°43'28"East,on the said West line,a distance
of 278.41 feet to the Point of Beginning.
Said land situate, lying and being in the City of Dania, Broward County, Florida and containing
746,050 square feet or 17.1270 Acres more or less.
11 RESOLUTION#2012-008
AGREEMENT
This Agreement is entered into on ,2012,by and between the City of Dania
Beach, Florida, a Florida municipal corporation ("City") and Southern Waste Systems, LTD, a
Florida Limited Partnership ("Southern Waste Systems").
WITNESSETH:
WHEREAS,Southern Waste Systems is the owner("Owner")of property located at the 3200 block
of Southwest 26U'Terrace, Dania Beach, Florida("Site")as described in Exhibit"A"; and
WHEREAS,Southern Waste Systems use of the Site is subject to a Restrictive Covenant recorded in
Official Records Book 32697 Pages 850— 863 of the Public Records of Broward County, Florida
("Restrictive Covenant"); and
WHEREAS, Paragraph 8 of the Restrictive Covenant requires City Commission approval of any
proposed construction of additional Facilities; and
WHEREAS,Southern Waste Systems is proposing to add an accessory equipment storage structure
("Structure") on the site; and
WHEREAS,the Structure will only be used to store equipment used on the Site and there will be no
expansion of construction and demolition debris activities on the site as a result of the construction
of the Structure.
WHEREAS, if approved the Site Plan approval by the City will be accompanied by an Agreement
for Permit similar in nature to the original Agreement for Permit issued in 1998 and enumerating
conditions agreed to by SWS relative to the Site as conditions of Site Plan approval.
NOW THEREFORE, for and in consideration of the sum of Ten Dollars($10.00) and other good
and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Southern
Waste Systems covenants and agrees as follows:
1. Recitals. The foregoing recitations are true and correct and are hereby incorporated by
reference.
2. Structure. The Structure shall only be utilized for the enclosed storage of equipment that
service the current use of Southern Waste Systems' construction and demolition debris
recycling activity on the Site.
3. Approval of this Agreement by the City requires Southern Waste Systems to modify the
agreements for the Facilities to include the Structure and to obtain City site plan approval of
the Structure and an Agreement for Permit relative to the Structure.
4. City approval of Southern Waste Systems' construction of the Structure is expressly
conditional upon the recordation by Owner of the executed First Amendment to Restrictive
Covenant, a draft of which is attached hereto and made a part of hereof as Exhibit"A".
12 RESOLUTION#2012-008
WITNESSES: CITY OF DANIA BEACH,
FLORIDA, a Florida municipal
corporation
Signature ROBERT BALDWIN
CITY MANAGER
PRINT Name
Signature
PRINT Name
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
LOUISE STILSON, CMC THOMAS J. ANSBRO
CITY CLERK CITY ATTORNEY
13 RESOLUTION#2012-008
OWNER:
WITNESSES: Southern Waste Systems, LTD
A Florida Limited Partnership
Signature Charles Gusmano, Director and
President of BCA Holding Corp., as
PRINT Name General Partner of the Limited
Partnership
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me on 12012 by Charles Gusmano,
Director and President of BCA Holding Corp.,as General Partner of the Limited Partnership,who is
personally known to me or who produced as identification and who
did/did not take an oath.
WITNESS my hand and official seal in the county and state last aforesaid on ,
2012.
My Commission Expires:
Notary Public
14 RESOLUTION#2012-008
EXHIBIT"A"
LEGAL DESCRIPTION
All of Parcel"H",RUNWAY LAKES III,according to the plat thereof recorded in Plat Book 156,
Page 44,of the public records of Broward County,Florida,TOGETHER WITH a portion of Parcel
"A",ISGETTES RUNWAY,according to the plat thereof recorded in Plat Book 158,Page 18,of the
public records of Broward County, Florida, and being all more fully described as follows:
Beginning at the Southwest corner of said Parcel"A";thence North 89°29'20"East,on the South line
of said Parcel"A",a distance of 1266.55 feet;thence North 88°43'35"East,on the said South line,a
distance of 187.58 feet;thence North 00°54'58"West,on the East line of said Parcel"A",and on the
East line of said parcel "H", a distance of 292.11 feet; thence South 88°49'41" West; of the North
line of said Parcel"H",and the Westerly extension thereof,a distance of 605.13 feet;thence North
01°55'03" West, a distance of 381.11 feet; thence South 89°20'00" West, on the North line of said
parcel "A", a distance of 851.47 feet; thence South 00°58'15" East, on the said West line of said
Parcel"A",a distance of 388.12 feet;thence South 02°43'28"East,on the said West line,a distance
of 278.41 feet to the Point of Beginning.
Said land situate, lying and being in the City of Dania, Broward County, Florida and containing
746,050 square feet or 17.1270 Acres more or less.
15 RESOLUTION#2012-008