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HomeMy WebLinkAboutR-2015-056 - Approved Site Plan (SP-077-14) & Variances (VA-078-14, VA-90-14 & VA-41-15)for Property Owner Griffin Road FD, LLC for Property located on the NW Corner of Grffin Rd & SW 29 Terrace RESOLUTION NO. 2015-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-077-14) AND VARIANCES (VA-078-14,VA-89-14,VA-90-14 AND VA-41-15)SUBMITTED BY SCOTT BACKMAN, ESQ., OF THE LAW FIRM DUNAY, MISKEL, BACKMAN AND BLATTNER, LLP, REPRESENTING THE PROPERTY OWNER, GRIFFIN ROAD FD, LLC FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF GRIFFIN ROAD AND SW 29TH TERRACE IN THE CITY OF DANIA BEACH,FLORIDA,LEGALLY DESCRIBED IN EXHIBIT"A"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Code of Ordinances,Chapter 28"Land Development Code("LDC or the"Code") Part 6"Development Review Procedures and Requirements,"Article 635"Site Plans," Section 635-20(A), provides that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, Scott Backman, Esq., of the law firm Dunay, Miskel, Backman & Blattner, LLP, representing the property owner, Griffin Road FD, LLC (the "Applicant"), is requesting site plan approval and variances for the proposed construction of retail bays to accommodate three future tenants including a Family Dollar store, to be located on the northwest corner of Griffin Road and SW 29d'Terrace in the City of Dania Beach, Florida, as legally described in Exhibit"A"; and WHEREAS,a variance(VA-078-14)from Code Section 510-30(N)to waive the required landscape area of eight(8)feet between the north building elevation and the parking area is sought; and WHEREAS, a variance(VA-89-14)is being requested from Code Section 275-110 which requires a ten(10)foot landscape buffer and a wall to be set back five(5)feet from the property line, to allow instead a five foot(5')landscape buffer and to allow the wall to be located at the property line; and WHEREAS, a variance (VA-90-14) is being requested from Code Section 275-100 (D) which requires terminal islands to have a minimum width of ten (10) feet and two (2) trees of category 1,to allow a minimum range between seven(7)to eight(8)feet,and to provide the required trees of category 2 instead; and WHEREAS, a variance(VA-41-15)from Code Section 510-30(H)is sought to waive the required fifteen(15)percent transparency on the secondary building elevation; and WHEREAS,the City's Development Review Committee("DRC"),which is composed of City staff, reviewed the Site Plan for compliance with all applicable regulations and the following comments and conditions are outstanding: 1. The Applicant must obtain approvals from Broward County Aviation Department(`BCAD") and Florida Aviation Administration"(FAA") as applicable in order to develop the plan. 2. Impact fees will be required to be paid for the project at the time of issuance of Building Permits. 3. The monument sign shall comply with the required five (5) foot setback per Code Section 505.40 (K); and WHEREAS,the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS,the City Commission finds that the approval of the proposed Site Plan(SP-077- 14)and granting of the variance will protect the public health,safety,and welfare of the residents of the City, and furthers the purpose, goals, objectives and policies of the City Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. The foregoing"WHEREAS"clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. Pursuant to Chapter 28 "Land Development Regulations," Part 6 "Development Review Procedures And Requirements," Article 625 "Variances," Section 625-40 "Variance Review Criteria,"the following Variance Requests are approved: VA-078-14-a variance from Section 510-30(N)of the Land Development Code authorizing a waiver of the required eight(8) feet between the north building elevation and the parking area; VA-89-14-a variance from Section 275.110 of the Land Development Code to permit a five (5) foot landscape buffer and a wall to be installed on the property line; VA-90-14-a variance from Section 275-100 (D)of the Land Development Code to permit the terminal island minimum width to range between seven(7) and eight(8) feet; and VA-41-15-a variance from Section 51030(H)of the Land Development Code authorizing a waiver of the required fifteen(15)percent transparency of the secondary building elevation. 2 RESOLUTION#2015-056 Section 3. Pursuant to Chapter 28 "Land Development Regulations," Part 6 "Development Review Procedures and Requirements,"Article 635"Site Plans,"the following Site Plan (SP-110-14), attached as Exhibit `B," which is made a part of and incorporated into this Resolution by this reference, is approved. Section 4. The approvals granted by this Resolution are subject to the Applicant's compliance with the above-referenced conditions. Section 5. That issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 6. Pursuant to Section 635.100 "Expiration of Site Plans" of the Land Development Code,the Site Plan(SP-110-14)approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan,within eighteen(18)months from the date of this Resolution. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 26, 2015. ATTEST: LOUISE STILSON, CMC A. SALVINO, SR. CITY CLERK YOR �Pgo^s F-! APPROVED A ORM AND CORRECTNESS: —1, THOMAS J. 4NSARO CITY ATTORNEY 3 RESOLUTION#2015-056 EXHIBIT "A" LEGAL DESCRIPTION ALL OF THE WEST HALF (W 1/2) OF TRACT 14, EXCEPT THE NORTH 932.7 FEET OF SAID WEST HALF (W 1/2) OF SAID TRACT 14, BLOCK 3, SECTION 29, TOWNSHIP 50 SOUTH,RANGE 42 EAST, LESS AND EXCEPT THAT PART THEREOF DESCRIBED AS PARCEL NO. 23-W,IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 10262, PAGE 612, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. 4 RESOLUTION#2015-056 i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT I DATE: May.26, 2015 TO: Robert Baldwin, City Manager VIA: Marc LaFerrier, AICP, Dire FROM: Corinne Lajoie,AICP, L D G.A.MPclp�al PlannerMariluz Maldonado, City Planner o i SUBJECT: SP-07744/VA-078-14NA-88-141VA-90-14NA-41-15: The applicant, Scott Backman, Esq., of the law firm of Dunay, Miskel, Backman & Blattner, LLP., representing the property owner, Griffin Road; LLC is requesting site plan and variances approval for the construction of a commercial building with three bays including a Family Dollar store to be located at the NW comer of Griffin Road and SW 29t'Terrace. VARIANCES ' 1. To provide 0 feet of required landscape area between the north building elevation and the parking area; the code requires eight(8)feet per Code Section 510-30 (N). 2. To provide a five (5) foot landscape buffer and relocate the wall at the property line; the code requires a ten (10)foot landscape buffer and a wall setbacked five (5) feet from the property line per Code Section 275-110. 3. To provide a minimum terminal island width range between seven (7)to eight(8)feet and install category 2 trees; the code requires ten (10) feet and category 1 trees to be installed per Code Section 275-100(D. j 4. To provide zero (0) percent transparency on the secondary building elevation; the code requires fifteen (15)percent per Code Section510-30(H). SITE PLAN To allow the construction of a commercial building with three commercial bays with a total of 9,943 square feet. One of the bays will contain a Family Dollar store. i I PROPERTY INFORMATION: ZONING: Commercial (C-2) LAND USE: Low Medium (10) Residential OVERLAY DISTRICT: Principal Arterial BACKGROUND This property was rezoned from Two Family Residential District (RD-8000) to Community Business District (C-2) back in January le of this year via Ordinance No. 2015-003. The rezoning of the property was completed to accommodate the proposed commercial development. Also, at the same time the property was platted via Ordinance No. 2015-004. i i VARIANCES 1. EXTERIOR BUILDING LANDSCAPE The Land Development Code (LDC) Section 510-30(N) requires a landscape area of eight (8) feet between the building elevations and any parking areas where there is an adjoining residential use. In this case the applicant is requesting to waive this requirement for the north elevation, where the loading are is proposed. The intent of these requirements is to add additional green areas for both beautification and drainage purposes. Moreover, the intent is to provide a green barrier between the building and the vehicles. The applicant has indicated in their justification statement that a perimeter buffer with wall and required trees will to help beautify the site while providing adequate separation of the uses. 2. LANDSCAPE BUFFER AND WALL LDC, Section 275-110 requires a ten (10)foot landscape buffer and a wall setbacked five (5) feet from every residential use or zoned area. The applicant is providing five (5) feet along the west property line. As indicated in the applicant's justification statement, although the zoning districts on the west side are residential, the properties contain a place of worship and a convenience store. As such, the proposed five (5) foot landscape buffer and wall at the property line shall provide sufficient buffering of the uses as intended by the code. 3. TERMINAL ISLAND WIDTHS The Land Development Code (LDC) Section 275-100 (D) requires ten (10) foot wide landscape terminal islands and two category 1 trees to be planted. The applicant is proposing to comply with the required two trees; however, due to the limited space in the reduced islands, the trees provided will be of category 2 instead. As indicated by the applicant within the justification criteria, the terminal islands were reduced to provide a range between seven (7) to eight (8) feet due to the narrowness of the site. If the applicant. complies with the terminal island requirements, parking will be lost. The applicant is complying with the basic intent of the code which is to provide open space areas and landscaping to reduce heat island effect and provide appropriate shade. 4. SECONDARY BUILDING ELEVATION TRANSPARENCY The Land Development Code (LDC) Section 510-30 (H) requires that secondary building elevations provide a minimum of fifteen (15) percent transparency. This requirement is to maintain active uses along any street frontage and create some sort continuity for the building elevations. The applicant is requesting a variance to waive this requirement since the adjacent property to the east is residential and in effort to help mitigate any potential lighting spillage impacts and infringement into the residential properties, no fenestration is provided. VARIANCE CRITERIA Section 625 of the Land Development Code states, the City Commission or Planning and Zoning Board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 505-180, which are identified below. (1) "That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city." (2) "That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community." i (3) "That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city." .(4) "That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome." (5)"That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community." SITE PLAN The applicant is requesting site plan approval for the construction of a commercial building with three bays and 9,943 square feet. One of the bays will contain a Family Dollar store. The site will provide the required 34 parking spaces, loading space and bicycle parking as required per code. The proposed building will face Griffin Road and will be one story, approximately 26 feet to the top of the architectural parapet. The required pervious area ' and number of trees will be provided. The site will provide two access points, one along Griffin Road and another one along SW 2e Terrace. With the exception of the monument setback shown on the plans, all other signage requirements are being met. DEVELOPMENT REVIEW COMMITTEE(DRC) The site plan was reviewed by the BSO Fire, Public Services, the City's landscape consultant and the Planning Division and the following comments and conditions are outstanding, 1. The Applicant must obtain approvals from Broward County Aviation Department ("BCAD") and Florida Aviation Administration "(FAA") as applicable in order to develop the plan. 2. Impact fees will be required for the project at the time of Building Permits. 3. The monument sign shall comply with the required five (5) foot setback per Code Section 505.40 (K). The applicant met with the City Attorney to propose a different architectural design that incorporates stone and flowering trellises. The attached elevations reflect the most recent design. CITY COMMISION PREVIOUS ACTION On May 12, 2015, the City Commission voted unanimously to continue this item time and date certain to the meeting on May 2&to allow the applicant sufficient time to work with the City Attomey on landscaping and architectural changes.. i RECOMMENDATION SITE PLAN/VARIANCES The site plan and variances application meets all applicable regulations, as presented by the applicant's justification statement.The Development Review Committee (DRC) provided comments and all comments are addressed except for the conditions outstanding and discussed above as part of the site plan.Approve the attached Resolution. j FJlNllll 1 'B' I i i •.�7'.i 5. i iX hh r y ' y4 x+: 8y e rsr� 'rf � i Sr IGyt t s pi 1p? ff I1 o I , Z 9 s, C E6EF is Li R. g#pil�y�`�zE� ����•x��a� �a ��iEp�i� ��� ��� � /E a e a s • q a a a F � �� � '� � � � �a `I B �t F t o f I I I j E I I 1 I Z Ilia a � �� ��� e� a$■ �����aiq �g � ���' 9e a� �+ � y� � ¢'�K K:a a CCC � � � g � � �� $¢ s a a ■ a a K �� 1�c 3 a B K G" a B S R a a a 1 K B � g m � I wassepu iea ua uo �r uw w• ua uo ua uv av ss� ma• oe rr e a ae uoa°°e°°s°°• �e� � q ---- ------- 8 x as b�a �• �� —° a6�w Sd6S �� I off•' i !I b 4 P-1 • � ° S?S e °e b4 b4 a E . Sw nm TERRACE i i — — —� — — — — — — — T----------- I 3 \\ ti `1 . ���i�irrr.j�rrrerrrstw � � ii Ors••i•�i� i 9 r.rur .$ z to m :. x. � �• � �ff. � a = i q, �J ! I I � I lii; i!iI!Illli!ill 111 iii �p I it mon Zo AAH Zl OMRO �li � ► I Caty of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6805 X3643 (954)922-2687 Fax Standard Development Application ❑ Administrative Variance O Land Use Amendment ❑ Plat O Rezoning Date Rec'd: ® Site Plan ❑ Special Exception Petition No.: ® Variance ❑ Other: (SFEAPPUCAr 10YV rWESDWP/LEONPAfiW3&4) I 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 Building Division. For more information please reference the Dania Beach Land Development Code Part 6,Development Review Procedures and Requirements. i Location Address: SW 29 Terrace(NW Comer of Griffin Road&SW 29th Terrace) Lot(s): 14 Block: 3 Subdivision: Plat of Sections 28,29,31 and 32(Plat Book 2,Page 32 of the Dade County Public Records) Recorded Plat Name:Plat of Sections 28,29,31 and 32(Plat Book 2, Page 32 of the Dade County Public Records) Folio Number(s): 5042 2901 1160 Legal Description: Please see attached legal. Scott Backman, Esq.& Christina Bilenki,Esq. j Applicant/Consulta al Representative rde one) Dunay.Miskel. Backman&Blattner_ LLP i Address of Applicant: 14 SE 4th Street,Suite 36,Boca Raton,FL 33432 Business Telephone: 561-405-3325 Home: Fax: 561409-2341 E-mail address: sbackmanQdmbblaw.com i Name of Property Owner: Griffin Road FD LLC Address of Property Owner: 14011 SW 20 St. Miami FL 33175 Business Telephone: 3o5-345-7475 Home: Fax: Explanation of Request: Please see attached nanstive and justification. For Plata p/aase prvWde propamd Plat Name for Vananaes please alfaah Afttametit as per Smtba 625.40 of the Land Dlevei/opmant Code, Prop. Net Acreage: 0.9571 Gross Acreage: 1.0867 Prop. Square Footage: +/-9,970 Existlng Use: Vacant Land Proposed Use: Commercial 1 of 4 i Is property Dunned individually, by a corporation, association, or a joint ventum? Trust RIMMUM I/we are tiqully aware of the regoest bMna ntada to the City of Dania Bead.if I/We are Unable to be present,I/we he rein.aUthorim : . . . .. (individual/grm) to represent me/us. In all matters related to this application. I/w® hereby admovdadge.that the applicable fee was estahliSIed to offset admhnisbative i casts end is net ale: i I/we are fully aware that al aPP als automatically ere within 12'months of City. of Dania Beady Pmnning and Zoning Board or City Commission appmal,or pursuant to the rstlon tlmetrame.gybed In hart 6 of the.Dania Beau Imidbewslopment Code. i STATE OF FLORIDA COUNTY Of BROWARD By: The foregoing instrument (Owner/' nt signature was aclaiowledged BEFORE HE THIS � DAY OF SUtl 20A, i By: k (Print rams of person scluic Medging) (Iohnt owner signature If applicable) NWar LUR-4 BRiGkNO" (Signature of N biic—Ake of l�C�CW '` 1` MY COMMISWON*FF=740 Oor EXPIRES Jury S.2017 4 59EHl1� Flaldallot rvbe,oati ParaonaNy or Produced IdentlAcadon . Type of ideAtifkation produced: or Drivers License *If joint awnerohip, both parties must sign. If partrmnftp, corporation or association,an authorized officer.must sign on beha f of the group. .A notarised. Meter of authorization from the owner of record must accompany the iication if an authorized agent signs for the owns s . NO APPLICATIOM WILL W AUTOM01ircaL YSOVEDULED FOR A MEETING. ALL APPLICATIDNSMUSTREammmINED COMPLETEBYSTArF READREPROCANSW 00Y.71MA 2-&4 . r City of Dania Banc-h APPLICATION TYPE AND FEE SCHEDULE INCOMPLM SUBM WAL8 ARE NOT ACCIPTNIM FOR REVIM AND PROCIIIIIISDMiQ The fbliowkrg fees shall apply to all applic aons for land use plan. amarximents, re m Ing, special exception use, j Warms,site plans and other zoning related applicationL These few we used to defray staff cost In the evaluation of the proposal.made and provide for the required notioes and pA*c fists acmoMing to Florida Siaf a Statute and i the Dania.Beach Land Development Code. Should any applicant have more than one.type of request do.this City,the applications Inwvd should be submitted at the same time:. The present W porky Is to have concur revlews being 1.NUMed befbre the fine(review and actions:by the Plawtng and Zoning Board and/or City Commisslon. It is the obtlgaaon of all applicants fa review the appropriate Cily Codes and design standards relabel to their proposal befbm making any eppkation to the Ov. :The standard review process for all develop rot applkadorw are two(2)review cyder. Airy add doW ravbw or pebe wfte nquhud by dall.ar.praftod i.can h, I due to the j Inoahreet iabaprowdou of do Lsstd Devdap mat Code wU be.d wgod to,the up~as per"SastTop yeb-IO Cat Recovery for Developm m Rd risw"aft he Danis Bret LoW Dwallopment Code. APpLICATIOM TYPE FEE lMD.USE Aagttmertt of Flex Units or Fling The i-$4,000.00 plus$5.00 par flan,reserve or LAC/RAC:unit or hotel room or Acreage $100:per acre or portion of such.area M*dw Wffoaaft 2.r W&v g4ft admWw aWnoftau& Change of LwA Use Filing fee;$7,000.00,'pius$500.00 per acre or portion of area . . . . . .. AX*Ww starpycmft 2ISAW Qdft adwww Ordnaefaeaascs ZOMMS Change of Zonlrtg(Retorting) Los.than 2 saes-$2,500.00 GnMter than 2 aces -$G,000.00 Indtralss SuffAvellum 2r+ 4%v adn adefthy and nofe axq& ZoningCode,Tent Change Ownging.the Est of Permitted Uses-.$6,000.110 General Text-$2,000.00 Includes Staff propeaft,2 review cycles,admftv and notice costs PLAT (Perimeter) FRrtg fee=$2550.00 plus$50A0 p9jr we or portion of such area j (SubdlAdm)Filing fee=$2550.00 plus$100 par ace or portion of such area Inaftt$SW Aywaft 2 nehfew and rpft aM Delegation Request $1,500.00 maawa ssraar xr&*W anio►n�o&LOWS& tiM PI:AM i Residential,Hotel,Condo-total, Plihop,In m$000.00 RM$10A0.per tx11t 'ITme-Shar%Motel Elm retainer for staff/Consultant review,adminMr&m and notice cost$5,000A1) MlNhmhan lice•$6,i00.00. Rx*dw SMr 2 roWev 9dand nodes aohscr Al other u 1 AO o�oo the fallowing:..: $5�11000 s f.or 1 10, ,$100.-100 s f.In.excess of 10,000 s f On retainer for staff/cm wltant review,adminlArative.and notice cost$4,000.00 I01110b s"Poe-$5,50C 00 hwkdWsWpvc=ft 2 reWw and nWw c xsls Ste:PlanRevisions $2,500.00=OduftstalP avAdwJ1b2rorfewcyta Aatd►ptawr/ asaoaTrW&"Th any mvMw to a sft plan are dwVcdaww*W fo me AOV~,were bm Extension of Approval Zs—) $1,250.00—Single Edenslon(py!{O}an addltiona1 j (Site plan,varlance,special $ 250.00 fbr each assodated approval i Sofa i i r .e City of Denim Beach. APPLICATION TYPE AND PEE SCHEDULE i INCOMPLETE SUBNII'ITALS ARE NOT ACCEPTABLE FOR REIREW MO PROCE.MN4L The following fees OWI::appty to all applkadons for land use plan amendments, retuning, special eacoeptlon use, variances,.site.plans and dhw acing relatied applicaflons.These flees are used 0 ddkW.sbaffi cost in the evalu"on of the proposal:made and provide for the required notloes and pubk advertisements according to Florida State Sbtub and the Dania Beach Land DmmWmentfiode. Sid any applicant have more than.one type of request to the'CNV,the applications Involved should be submitted at the same time. The present ULy policy Is to have coitcuna t reviews being processed before_the final. review and aMons.bir tits Planning and Zo atg board and/or.City Commission. R Is the caution of all applicants to review the appropriate qLy Cotes and design standards related.to their proposal before making any application to the City. The standard review process for all deuelopnertt applications are iaro..(2)review cycles. Any addnioml review or plablk walker ra**md by ataff.or pmfasd=W.comRanb d to ilia hraowed Intepraeation of the land DeveslWeent Code Will be diverged to the sppikm*ra per"Section M-10 Coat Reamw y frier Dandollownt.maloW of the Dania Brach Land Development Cade. i SPE=EXCEP'iRON SPECIAL EXCOMOil Filing in=$3,700.00 plus$200.00 per arve or portion of such area -JR99ft ad towers Adtdora!!` 2mWm and no&eaasts Sprm M27TION Fling in-$4,WO [ku r rmws hX*A W$W- 2 reAw andnw wmsts Addltlonal ReewbmRtal Any addVonal review ar pubic reties required by dW or pmfe W=l cmiWt nts due to the (In addrdm b the standard(2)review cycles) neglgw=of the appkant vvit be drarpad to the applicu tas per Ardcle 665-10 Cast recovery far Devetdprrrent Review of the.Banda Beady Land Development Code. V APPEALS&WAIVERS Adndn M a Family 300.00 ... Administrative all other 500.06 Sirde:Faml Communi Facility 490:00. Du ex $1M.00 Tit ><150.00 Multifamily,Hotel,Condo-Hotel(per vane=) $2J00.00 Nonre3. ('variance 00.00 Wall Sion 700.00 Monument Son 1 Pole 8l n:As . $2AW.00 (single family&comm fac 650.00 Anal all other uses 1925.00 Duo :t>a Coo.Dev.Dir. 200.110 . . . Dumpslar 8MMI to CILV COm. .500,00 Alcohollc1evera Variance MobN 1400.00 Wahrer $4AW.00 i -Vacation- ent $3,5W.00 AlodvA Wended Hours License&VIcatlon 41.250.00 A wholic Boherm Waiver IiAng Review, State Lkwor License SO.oO . Outdoor Sea ftJOInning .100-00 Assisted I.WaFedlity $ 65.00 : CRA Grant Apolicatlon . 8W.W&to VWWWW haWon UNSPEaRED 1 500.00 PLUS any outside coats Nxurred by the dtv as "Section 685:10" i Itevteed-8-2$.ff As par CRY Cmw*Wbn AppmW Ro wWOn#W14 i0 4 d<4 j I AAIT OF TO THE CITY OF DANIA BEACK BROWARD COUNTY, SOUTH FLORMA WATER MANAGEMENT DISTRICT,FDEP,FDOT AND/OR OTHER GOVERNMENTAL.AGENCIES. For the property identified as.Parcel ID number $RU-2$-01-1 1b0. the tmdersigned; SAMIFEL EDWARD � GUMBEL and LAURA MARIE GUMBEL, TRUSTEES OF. THE GUMBEL. REVOCABLE FAMILY TRUST DATED JUKE IS,19 $, and SARA DIANE FAVARATO and.ROBERT C. FAVARATO, TRUSTEES OF THE ROBERT .C. FAVARATO AND SARAH DIAN.0 .. . FAVARATO L1V1KG TRUST DATED DECEMBER 17, 2012 W by designate and appoint Daniel Abreu, Member of Abren Development LLC, as m ylour Agent of Record 6or the purposes of representing me/us during the Comlopment Review Process and/or permitting/baring processes, eluding:without limitation Sift plan review,construction tion plan review,utility and drainage plan review and signap. Mytour Agent of Record is hereby vested with authority too make any nWesentations,ap ebntents,or promises that st+e necessary or desirable in corgunction with the review proeess. My Agent of Record is also andhoriud to accept or reject any conditions i imposed by any reviewlh►g board or entity. Dabs: 2014 Samuel Edward Qumbel,as Trustee,Laura Marie Gumbel,as Trustee, Sarah Diane Favarato as Trustee and Robert C. Fmrato as Trustee smuff-A.8106: rAVAPIAT-n A"LICANTWWNERS(PRINT) APPLICANT/OWNWS SIGNATURE APPLICANTS/OWNERS SIGNATURE ae APPUCANTS/OW ERS(PRINT) i APPLICANTS/OWNERS(SIGNATURE) 4„4o2A �,40C OCIR/3E'1 APPLI cANTs/owNERs APPLICA WNERS(SIGNA I i i j DANIEL ABREU, MANAGING MEMBER OF ABREU DEVELOPMENT LLC PL1 WS REPRESENTATIVE(PRINT) I i APPLICANT'S REPRESENTATIVE'S SIGNATURE Abner Developrnm t,LLC j 14011 SW 20 Street Miami FL$3175 305-345-7473 Telephone STATE OF COUNTY OF. . i j( The :foregoing instrument was acknowledged before me this day of 2014, by SAMUEL EDWARD GUNNEL. He is p nally.lmown.to ttce or has produced as identification. 1�811E0EARNAB j 1nro�rl. ii¢ r Notary.Pnlilic—S' 5 EMRE4 SQPWW er 27.2M4 Prinf Name: ea�aedtarunae M Commission .. Y Bxpires: STATE OF ��c`'ucfct✓..:. COUNTY OF i The foregoing instrument was acknowledged before me this .Zf.. .:day of _, 2014, by LAURA MARIE GUMBEL. Rolm&lmown.to.me or has produced: as identification. i LIu�JEDE1i�lA6. .. ; :�Notary Pubk� - etwe - �yrEEos;. PrjntNatne: • �p�Eg;'Septe�tee[27;$pt4 eo�aea�Noaar ' My Commission Bxpira+s: 'k l • f STATE OF COUNTY OFa The ftegoing instrument was w*wwWpd before late this i-f day of 1'.� , 2014, by ROBERT C•FAVARATO. He is to me or bas produced as ide>,etific�atian 'Y j f Notary Public WCM".wM#w11101i Print Name: Via: EXPIRES:' 9.1018 _. ivly Commission Expiros: STATE OF f a1` Gt, co�nvT�t o1= The foregoing instrument :was aclmowlodgcd before me this L�day of k&U 2014, by j •: .. . SARAH DUNE FAVARATO. She is personal )mown to me or has produced ldemdH . .. No Pubh 7NMtiY NMACI. �Y... . C' A14 Is FF 111.01 Print Name: EXPIRES B M M Commission senaan�nNarrreeowaa. Y ExPirew i i i i Statement.of Interest is Properly an A,�thori�tion to File Petitiq� ABREU DEWADPIMENT. LW hereby certifies that it is the. Contract Purchaser of the subject property located on the northwest corner of Griffin Road and SW 29*Avenue in the City of Dania Beach, and as authorized by owner per the attached document, authorizes DIMAY, 11 sXEL,BACKMAN AND BLATTNER,LLP,as agent,ZAMORA Ft ASSOCIATES,INC,as agent, and PULICE LAND SURVEYORS, INC, as agent, to submit and process any and all development applications to the.City of Dania Beach,Broward County;State of Florida,and all other agencies involved in the approval,permitting and development of the proposed commercial development, and appear at any meetings or public hearings necessary for the approval, permitting and development of the proposed commercial development located within the City of Dania Beach. i '.Nnid Artoi Pratt, e Signature f ! MOM Sw- .20 6sra-f Address City/Stawzip r Phone State of 1 D.4 County of_ D 0 C. Th oregoing m t was acknowledged before me this�day of d _,2014, by ( l2 rr4P Gc<c. :as nuhvidual,who is,g personally knower to we who has produced as identification and who did take an oath. NOTARY PUBLIC: Sign:14W t z s Print: My Commission Expires: MAYTEE WERNANIZ MY COMMINK M 2 EE162M EXPIRES January 24.2MO ORDINANCE NO.2015-003 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SCOTT BACIUAAN, ESQUIRE, AGENT FOR THE PROPERTY OWNERS SAMUEL EDWARD.GUMBEL AND LAURA MARIE GUMBEL, TRUSTEES OF THE GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18,1998, AND SARA DIANE FAVARATO AND ROBERT C. FAVARATO, TRUSTEES OF THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST DATED DECEMBER 17, 2012, TO REZONE PROPERTY LOCATED ON SW 29 TERRACE (NW CORNER OF GRIFFIN ROAD AND SW 29 TERRACE) IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY 1 DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM TWO-FAMILY RESIDENTIAL DISTRICT (RD- 8000) TO COMMERCIAL BUSINESS DISTRICT (C-2), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING ' FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the "Land Development Code," Part 6, "Development Review Procedures And Requiremends," Article 645, "Rezoning" of the City Code of Ordinances (the "City Code', Scott Backman, Esquire, agent for the property owners Samuel Edward Gumbei and Laura Marie Gumbel, Trustees of the Gvmbel Revocable Family Ttvst dated June 19,1998, and Sara Diane Favarato and Robert C. Favarato, Trustees of the Robert C. Favarato and Sarah Diane Favarato Living Trust dated December 17, 2012 (the "Applicant")has applied to the City of Dania Beach(the"City"),for approval of a rezoning, for property legally described in Exhibit"A"(Application RZ-69-14);and WHEREAS,the City Planning and Zoning Advisory Board,sitting as the Local Planning I Agency,held a duly advertised public hearing on June 18,2014 and determined that the proposed rezoning is consistent with the goals and objectives of the City of Dania Beach Comprehensive Plan (the "Comprehensive Plan"), and therefore, recommended approval of the proposed rezoning;and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in i accordance with law;and i i i iI WHEREAS,the City Commission finds that the approval of tie proposed rezoning will protect the public health,safety,and welfare of the residents of the City,and fiuthers the purpose, goals,objectives and policies of the Comprehensive Plan, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DANIA BEACH,FLORIDA: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as tieing true and correct and they are made a specific part of this Ordinance. Section 2. Pursuant to Chapter 28, the "Land Development Code," Part 6, "Development Review Procedures And Requirements," Article 645, "Rezoning" of the City Code of Ordinances, the rezoning from the Two-Family Residential District (RD-8000) zoning classifications to the Commercial Business District (C-2) zoning classification, for the Property generally located on SW 29 Terrace (NW comer of Griffin Road and SW 29 Terrace in Dania Beach,Floridan as legally described in Exhibit"A,"is approved. i Swion 3. Issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 4. All ordinances or parts of ordinances,resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Secdon 5. If any clause, section, sentence or phrase of this Ordinance is for any i reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. This Ordinance shall become effective immediately upon its passage and adoption. PASSED on first reading on December 9,2014. PASSED AND ADOPTED on second reading on January 13,2015. 2 ORDINANCE#2015-M i ATTEST: LOUISE STILSON,CMC 1 CO A. SALVINO,SR. CITY CLERK MAYOR i APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. CITY ATTORNEY i I I 3 ORDINANCE#2015-003 I i EXHIBIT"A" LEGAL DESCRIPTION ALL OF THE WEST HALF (W 1/2)OF TRACT 14, EXCEPT THE NORTH 932.7 FEET OF SAID WEST HALF (W 1/2) OF SAID TRACT 14, BLOCK 3, SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST.LESS AND EXCEPT THAT PART THEREOF DESCRIBED AS PARCEL NO. 23-W,IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 1026,PAGE 612,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 53,712 SQUARE FEET (1.2331 ACRES). i i i i f 4 ORDINANCE#20154003 i ORDINANCE NO.2015-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY PULICE LAND SURVEYORS, INC., ON BEHALF OF THE PROPERTY OWNERS, SAMUEL EDWARD GUMBEL AND LAURA MARIE GUMBEL, TRUSTEES OF THE GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18, 1998, AND SARAH DIANE FAVARATO AND ROBERT C.FAVARATO,TRUSTEES OF THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST DATED DECEMBER 17, 2012, TO CREATE A PLAT(PL-68-14)TO BE KNOWN AS THE "GRIFFIN ROAD FD" PLAT, FOR PROPERTY LOCATED AT 2901 GRIFFIN ROAD IN THE CITY OF DANIA BEACH; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS, ALLEYS AND EASEMENTS AS SHOWN ON SUCH PLAT; PROVIDING FOR SEVERABRM; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the `Griffin Road FD"plat(PL-68-14), for property located at 2901 Griffin Road in the City of Dania Beach,and legally described in Exhibit"A",a copy of which is made a part of and incorporated into this Ordinance by this reference, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida,having jurisdiction m the matter. Section L That the dedication for public use of all sMnxts, highways, alleys and easements as shown on the "Griffin Road FD" plat, is accepted and approved by the City of Dania Beach. Section 3. That on August 20, 2014, the Planning and Zoning Board, acting as the Local Planning Agency, reviewed the application for the perimeter plat and forwarded a recommendation of approval to the City Commission. Section 4. That if any section,clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this Ordinance. Section S. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. i I r Section 6• That this Ordinance shall take effect immediately at the time of its passage j and adoption. PASSED on first reading on December 9,2014. . I PASSED AND ADOPTED on second reading on January 13,2015. ATTEST: LOUISE STILSON, C C A.SALVINO,SR CITY CLERK MAYOR APPROVED AS TO FO CORRECTNESS: ! i THOMAS J.AN B CITY ATTORNEY i f } i 2 ORDINANCE#2015-M I i i Griffin Road FD LEGAL DESCRIPTION ALL OF THE WEST HALF (W 1/2) OF TRACT 14, EXCEPT THE NORTH 932.7 FEET OF SAID WEST HALF (W 1/2) OF SAID TRACT 14, BLOCK 3, SECTION 29, TOWNSHIP 50 SOUTH,RANGE 42 EAST. LESS AND EXCEPT THAT PART THEREOF DESCRIBED AS PARCEL NO. 23-W,IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 1026,PAGE 612,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. i i I I I I i I I i i I 3 ORDINANCE#2015-004 i I ,.b OUNAY OaryS.Ounny 134nn1tt f�lj5(t�at MISKEL uOttBackman BACKMAN nwall!at�o laersoi BL AT i NER ur ChrlKtine Blliaki I Family Dollar Northwest Corner of Griffin Road and SW 29`h Terrace Site Plan Narrative and Justification f Abreu Development, LLC ("Petitioner") is the contract purchaser of the +/- 1 acre property generally located on the northwest corner of Griffin Road and SW 291h Terrace ("Property") in the City of Dania Beach ("City"). The Property is designated Residential Low Medium (10 dwelling units per acre)on the City's Future Land Use Map and Is zoned RD-8000. The Property is currently vacant. Petitioner proposes to develop the Property with a+/-9,970 square foot commercial development,consisting of a+/-8,320 square foot space which will be utilized by a large national retailer,Family Dollar,and two smaller+/-825 square foot tenant spaces("Project"). In order to develop the Project,Petitioner is also seeking to rezone the Property to the C-2, Community Business zoning district ("Rezoning") through an allocation of commercial flex acreage("Flex Allocation"). The Project is consistent with the comprehensive plan,as the Project proposes the development of a retail use that will serve nearby residential communities. The Project is also compatible with development on adjacent properties and along the Griffin Road corridor. The adjacent properties to the north and east are developed with single family residential units. The Project will add a neighborhood business that will serve these adjacent communities.Substantial landscape buffers along the northern and eastern borders of the Property are also proposed in orderto minimize any potential impacts to adjacent residential uses. The properties immediately to the west are zoned for residential uses,but developed with a church and convenience store. Immediately south of the Property and west of SW 3&Avenue,along the Griffin Road corridor,properties are zoned C-2,Community Business,which is consistent with the Project. I The Project is also consistent with the City's Westside Master Plan identifying the Griffin Road corridor between State Road 7 to the west and Anglers Avenue to the east as a high priority area for redevelopment. The Property lies along this corridor. The Westside Master Plan acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. This plan further acknowledges Griffin Road as a gateway to the City as well as from the residential neighborhoods to the north and south, and that its appearance and economic sustainability are vital to ` the stability of these neighborhoods. As such, redevelopment in this area is crucial. The Project is I consistent with the Westside Master Plan as it proposes to bring in a new commercial development with a large national retailer that will decrease any appearance of blight from another vacant lot along the corridor. It will further enhance the stability of surrounding neighborhoods and help spark further redevelopment in this area. This is also consistent with the Westside Master Plan as it recommends that the Griffin Road corridor encourages neighborhood serving businesses and identifies the promotion of economic development as a goal and the arrival of Family Dollar,a large national retailer,will likely serve I 14 S.E.4th Sireot.Suite 6,Bata Raton,FL 33432 i TeL IS611 b06-3300 Fax;IGbtl 409-2341 Wwwo nbblawicom A y as a catalyst for similar commercial development within the C-2 zoning district along Griffin Road. Further, the Project will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and longterm jobs with the added employers that will come to the City as a result of this Project.. i f� i` I I I i i i s I G i t I 1 I t ' ®UNAY Gary S.Duna Bonnie Misket M I S K E L Scott Backman BAGKMaN David K.Btattner Dwayne L.Dickerson i BLQTTN EIS U-P Christina Bilenki Family Dollar Northwest Corner of Griffin Road and SW 2911 Terrace Variance Justification and Criteria Statement t I Abreu Development,LLC("Petitioner")is the contract purchaser of the+/-1.0826 acre property generally located on the northwest corner of Griffin Road and SW 29th Terrace ("Property") in the City of Dania Beach ("City"). The Property is designated Residential low Medium (10 dwelling units per acre) on the City's Future Land Use Map and is zoned RD-8000. The Property is currently vacant. Petitioner proposes to develop the Property with a +/-9,970 square foot commercial development,consisting of a+/-8,320 square foot space which will be utilized by a large national retailer, Family Dollar,and two smaller+/-825 square foot tenant spaces("Project"). In order to develop the Project,the Property was rezoned to the C-2, Community Business zoning district ("Rezoning")through an allocation of commercial flex acreage ("Flex Allocation"). The adjacent properties to the north and east are developed with single family residential units. The Project will add a neighborhood business that will serve these adjacent communities. Substantial landscape buffers along the northern and eastern borders of the Property are also proposed in order to minimize any potential impacts to adjacent residential uses. Immediately south of the Property and west of SW 30th Avenue,along the Griffin Road corridor,properties are zoned C-2,Community Business,which is consistent with the Project. Lastly,the propertiesimmediately to the west are zoned for residential uses, but developed with a church and convenience store. At this time, Petitioner is requesting several variances from the City's land Development Code ("Code") in order to develop the Property. Specifically, Petitioner is requesting variances as follows: Variance from Section 275-110 of the Code to allow a five(5)foot landscape buffer in lieu of a ten(10) foot landscape buffer and a fence zero(0)feet from the property line where five(5)feet is required adiacent to residentially zoned district I Variance from Section 275-100(D)of the Code to allow one(1)seven(7)foot terminal landscape Island adiacent to the Griffin Road access and two(2)eight(8)foot terminal landscape islands Internal to the Property in lieu of ten(10)foot terminal landscape islands required i i i Variance from Section 510-30 H of the Code to allow zero(0)percent transparency of the secondary elevation of a corner site in lieu of fifteen(151 percent 14 S.E.4th Street,Suite 36,Boca Raton.FL 33432 ? Tel:[5611405-3300 i Fax:(561)409-2341 www.dmbbtaw.com II Variance from Section 510-30(N)to provide a zero(0)foot landscape area in rear of building and parkine area In lieu of eight(8)feet I In support of the variances, Petitioner will demonstrate the following: (1) the variance maintains the basic intent and purpose of the subject regulations,particularly as it affects the stability and appearance of the City; (2) the variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; (3) the variance is consistent with, and in furtherance of, the.goals, objectives and policies of the adopted Comprehensive Plan,as amended from time to time,and all other similar plans adopted by the City; (4) the plight of the Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; and (5) the variance requested is the minimum variance that is necessary to afford relief to Petitioner,while preserving the character, health, safety and welfare of the community. i Variance from Section 275-110 of the Code to allow a five(5)foot landscape buffer in lieu of a ten(10) foot landscape buffer and a fence zero (0)feet from the property line where five (5)feet is reouired adjacent to residentially zoned district (1)The variance maintains the basic intent and purpose of the subject regulations,particularly as it affects the stability and appearance of the City. The variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the City. Section 275-110 of the Code requires a perimeter landscape buffer of ten(10)feet in depth when any property zoned or used for commercial purposes directly abuts a residentially zoned property and a six foot masonry wall five feet from the residentially zoned district. The Property abuts residentially zoned property to the west,specifically a small parcel of land zoned RM- 0 that has been developed with a convenience store and a parcel zoned RS-6000 that is currently developed with a church. Importantly,these adjacent parcels are not developed with residential uses. Although the Project proposes substantial landscape buffers that exceed Code requirements adjacent to properties developed with residential uses, a five (5)foot landscape buffer and masonry wall along the properly line is proposed along portions of the west property line where the property abuts non- residential uses. According to the City's Westside Master Plan, this area to the west of the Property is intended for commercial uses in the future. The intent of Section 275-110 Is to protect adjacent residential uses from commercial development by providing an adequate landscape buffer. The Property itself is a fairly narrow lot that does not provide much flexibility for development. Considering adjacent residential uses and the intent of the Code,the Project has been carefully designed to provide a landscape k buffer that exceeds Code requirements in areas that abut residential development and provide residents additional protection, rather than shift the buildings to include the additional landscaping on the west side of the Property that is adjacent to non-residential uses. As such,where the Property directly abuts residential development,the Project proposes landscape buffers of twelve(12)to fifteen(15)feet to the east,plus the additional area dedicated for right-of-way that will provide an additional buffer at this time and an over forty-nine (49)foot buffer to the north. Although the adjacent properties to the west are j zoned residential,they are not developed with residential uses. Rather,these properties are developed I ' I with a convenience store and church. Where not abutting residential uses,the general Code requirement for perimeter landscape buffers for vehicular use areas is a minimum of five (5) feet in depth located between the abutting property and the vehicular use area for commercial developments and does not require a masonry wall. Thus,the Property would require a five(5)foot buffer along the west property line if the adjacent properties did not have an underlying residential zoning designation. The Project proposes a minimum five(5)foot buffer,which increases to ten(10)feet towards the north end in order to provide additional screening from residential uses. Further,a six(6)foot privacy wall is proposed along the western property line in order to provide additional screening from the adjacent uses. This privacy wall is proposed along the property line, rather than five (5) feet from the property line as required by Code when commercial development abuts a residentially zoned district. Petitioner is proposing twenty one (21) Spanish Stopper trees along the western property line,where only about five (5)trees would otherwise be planted in this region due to the location of the wall. As such,this reduction is necessary in order to create a more visually appealing development when traveling along Griffin Road. The additional trees with further provide better screening from the adjacent property. This variance request for the reduction in the size of the landscape buffer along the west side of the Property, coupled with a six(6) foot fence along the property line,allows for increased buffers adjacent to residential development along the east side and a more attractive development. As such,the variance maintains the basic intent and purpose of the subject regulations,particularly as it affects the stability and appearance of the City. i i ! (2)The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. As discussed above,where the Property directly abuts residential development to the east, the Project proposes increased landscape buffers of twelve (12) to fifteen (15) feet in all locations in addition to the right-of-way dedication that will serve as an additional buffer at this time. Further,to the north,the Project proposes over a forty-nine (49)foot buffer that will include additional landscaping to enhance the appearance of the Project from the north. Although the adjacent properties to the west are zoned residential,they are not developed with residential uses. Where commercial properties are not adjacent to residentially zoned property,the general Code requirement for perimeter landscape buffers for vehicular use areas is a minimum of five(5)feet in depth located between the abutting property and the vehicular use area for commercial developments. Thus, the Property would require a five (5) foot buffer along the west property line and would not require a masonry wall if the adjacent properties did not have an underlying residential zoning designation. The Project proposes a minimum five (5) foot buffer, which increases to ten (10) feet towards the north end in order to provide additional screening from residential uses. Further,as detailed above,a six(6)foot privacy wall is proposed along the western property line in order to provide additional screening from the adjacent uses.Petitioner is also proposing twenty one (21) Spanish Stopper trees along the western property line, where only about five (5) trees would otherwise be planted In this region due to the location of the wall. This reduced fence setback allows for a more visually appealing development when traveling along Griffin Road through the addition of substantial landscaping along the western property line. As such, the variance is compatible with adjacent land uses. i The City's Westside Master Plan further identifies the Griffin Road corridor as a priority for redevelopment,noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. This Plan also acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. The plan also Identifies Griffin Road as a gateway to the City,as well as from the residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of_these neighborhoods. As the City intends the Griffin Road corridor be redeveloped with new commercial development and businesses that serve adjacent residential communities,the variance is not detrimental to the community. i 13)The variance is consistent with, and in furtherance of, the goals,objectives and aolicies of the adapted Comprehensive Plan,as amended from time to time,and all other similar plans adopted by the City. The variance is consistent with, and in furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. Specifically,the Project complies with the objectives and policies of the comprehensive plan as follows: Policy 1.2 - The Project provides commercialized activities to serve the residents of the community as it provides for retail uses intended to serve residents of adjacent communities and those traveling along the Griffin Road corridor. Policy 5.1—The Project encourages development to enhance the tax base of the community. Not only will the Project increase the tax base as the property value will increase because of this development,but the Project will also promote further commercial development along the Griffin Road corridor and attract other national retailers to the City. Policy 5.6--The Project proposes a zoning district with an intensity of commercial development compatible with adjacent and surrounding commercial and residential land uses. The Project further provides substantial buffers adjacent to residential uses in order to protect and properly screen them from the commercial development. Policy 9.2—The Project is compatible with adjacent commercial and residential land uses as it is located along the Griffin Road corridor and is intended to serve the needs of the community. Significant landscape buffers are proposed adjacentto residential neighborhoods to minimize any potential impacts to residential uses. The variance is requested on the west side where the adjacent uses are non-residential uses. An additional six(6)foot privacy wall is also proposed to provide adequate screening to adjacent properties. Petitioner proposes to reduce the setback for this wall from the west property line in order to allow for substantial landscaping to screen the adjacent uses. Further,the variance is consistent with all applicable redevelopment plans,corridor plans,neighborhood plans, and master plans approved by the City Commission considering that the City plans for redevelopment of Griffin Road as a commercial corridor. Specifically, the City's Westside Master Plan identifies redevelopment of the Griffin Road corridor between State Road 7 to the west and Anglers i Avenue to the east. The Property lies along this corridor. The City's Westside Master Plan acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. This plan further acknowledges Griffin Road as a gateway to the City as well as from the residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. The Project Is consistent with the Westside Master Plan as it proposes to bring in a new commercial development with a large national retailer that will decrease any appearance of blight from another vacant lot lying along this corridor. It will further enhance the stability of surrounding neighborhoods and help spark further redevelopment in this area. The Westside Master Plan identifies the Griffin Road corridor as a priority for redevelopment, noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. The Westside Master Plan further states that due to the south runway expansion, it may be more logical to convert the land use in the area where the Property is located to a more compatible commercial use because of the additional noise pollution that may impact residential communities. As such,commercial development is more appropriate for properties on this corridor. As the City intends to develop this portion of Griffin Road as a commercial corridor, the variance is consistent with, and in furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. i (4)The li ht of Petitioner Is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome The plight of Petitioner Is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. The Property itself is a fairly narrow lot that does not provide much flexibility for development. However,the Project has been carefully designed to provide a landscape buffer that exceeds Code requirements in area that abut residential development and provide residents additional protection rather than shift the buildings to include the additional green space on the west side of the Property that is adjacent to non- residential uses. Further, by allowing the wall along the property line, rather than five(5)feet from the property line, Petitioner Is able to add twenty one (21) Spanish Stoppers spaced fifteen (15)feet apart j along the entire western buffer which will create a more attractive development. Importantly, although ' the properties to the immediate west are zoned residential, they are developed with commercial uses. These commercial uses do not require the same level of protection as the adjacent residential uses. By strictly adhering to Code requirements,the buffers adjacent to residential properties would be reduced to the minimum required by the Code and not as much protection would be afforded to these properties. As the Property is narrow and the Project provides additional buffers on the east and north sides of the Property in order to protect the existing residential development,the plight of Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. ` I i i I I a i i (5) The variance reauested is the minimum variance that Is necessary to afford relief to Petitioner, while preserving the character,health,sa etv and welfare of the community The variance requested is the minimum variance.that is necessary to afford relief to Petitioner, while preserving the character,health,safety and welfare of the community. As discussed above,the variance relates to the west side of the Property that abuts non-residential uses. Although Section 275-110 applies as the adjacent properties have a residential zoning designation, the general Code requirement for perimeter landscape buffers for vehicular use areas Is otherwise a minimum of five (5) feet in depth located between the abutting property and the vehicular use area for commercial developments. The Project adheres to this minimum five (5) foot perimeter buffer adjacent to non-residential uses and an i additional privacy wall is also proposed along the property line in lieu of five (5)feet from the Property line, in order to allow for continuous, attractive landscaping along the western side of the Property through the inclusion of twenty one (21) Spanish Stoppers. The Project further proposes landscape buffers that exceed the ten(10)foot Code requirements In all areas adjacent to residential development, sufficiently protecting the residential uses from commercial development. As the Project provides sufficient buffers adjacent to residential uses and provides a minimum five (5) foot buffer along certain areas on the west side of Property,the variance requested is the minimum variance that is necessary to afford relief to Petitioner while preserving the character,health,safety and welfare of the community. Variance from Section 275-100(D)of the Code to allow one(1)seven(7)foot terminal landscape island adjacent to the Griffin Road access and two(2)eight(8)foot terminal landscape islands Internal to the Property in lieu of ten(10)foot terminal landscape islands required (1)The variance maintains the basic intent and purpose of the subject regulations,particularly as it affects the stability and appearance of the City. The variance maintains the basic intent and purposes of the subject regulations, particularly as it affects the stability and appearance of the City. Section 275-100(D) requires ten (10) foot wide terminal landscape peninsulas as long as the length of the parking stall in that aisle. Each peninsula shall have a minimum of two (2)category 1 trees. Because of the long and.narrow nature of the Property, it would not be possible to expand these terminal parking peninsulas without losing parking spaces in front of the building. Petitioner could utilize a portion of the landscape area to the north for the additional parking, but would create a safety concern for patrons parking behind the building where natural surveillance is limited. Further,by doing so,the large landscape area to the north,intended to create a substantial buffer between the Project and existing residential development would decrease. As such,Petitioner has elected to request a variance from Section 274-100(D)in order to allow seven(7)foot wide terminal peninsulas, which.allows Petitioner to provide enhanced landscape and buffer areas adjacent to existing homes. Specifically,only one(1)seven foot wide terminal peninsula is proposed,which is adjacent to the access off Griffin Road, Two (2)additional eight(8)foot wide terminal landscape islands are proposed interior to the Property. The variance maintains the basic intent of this provision as it still provides substantial terminal landscape peninsulas in the vehicular use areas. Petitioner meets all other landscape requirements for vehicular use areas. Further,at staffs request,Petitioner is proposing the use of three category two trees in terminal peninsula to ensure the trees can grow as necessary. Three(3)additional i category 1 live oaks have been added to the north end of the Property to further enhance the landscape area adjacent to the existing residential development. As such, the variance maintains the basic intent and purposes of the subject regulations. (2)The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. As discussed above,where the Property directly abuts residential development to the north and east,the Project proposes increased landscape buffers to enhance the appearance of the Project and to provide adequate screening. Although the adjacent properties to the west are zoned residential,they are not developed with residential uses. This variance request is for a two(2)foot deviation in the size of the interior terminal landscape peninsulas in the vehicular use areas and only affect two locations and a three(3)foot deviation adjacent to the driveway on Griffin Road. In each of th two(2) interior locations, three(3)category two trees are proposed in order to ensure landscaping is compatible with the request, while still creating an attractive quality Project to those traveling along the Griffin Road corridor. Further, one(1)Pigeonplum tree is proposed on each side of the access off Griffin Road to provide for uniformity and consistency with the Pigeonplum proposed along the Griffin Road perimeter buffer. As such, the variance is compatible with adjacent land uses. The City's Westside Master Plan further identifies the Griffin Road corridor as a priority for redevelopment,noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. This Plan also acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. The plan also identifies Griffin Road as a gateway to the City,as well as from the residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. As the City intends the Griffin Road corridor be redeveloped with new commercial development and businesses that serve adjacent residential communities,the variance is not detrimental to the community. I 3 The variance is consistent with,and In furtherance of the goals objectives and policies of the adopted I Comprehensive Plan,as amended from time to time and all other similar plans adopted by the City. The variance is consistent with, and in furtherance of, the goals,objectives and policies of the adopted ' Comprehensive Plan and all other similar plans adopted by the City. Specifically,the Project complies with the objectives and policies of the comprehensive plan as follows: i Policy 1.2 — The Project provides commercialized activities to serve the residents of the community as it provides for retail uses intended to serve residents of adjacent communities and those traveling along the Griffin Road corridor. i Policy 5.1—The Project encourages development to enhance the tax base of the community. Not only will the Project increase the tax base as the property value will increase because of this development,but the Project will also promote further commercial development along the Griffin Road corridor and attract other national retailers to the City. Policy 5.6—The Project proposes a zoning district with an intensity of commercial development compatible with adjacent and surrounding commercial and residential land uses. The Project further provides substantial buffers with enhanced landscaping adjacent to residential uses in order to protect and properly screen them from the commercial development. Policy 9.2—The Project is compatible with adjacent commercial and residential land uses as it is located along the Griffin Road corridor and is intended to serve the needs of the community. Significant landscape buffers are proposed adjacent to residential neighborhoods to minimize any potential Impacts to residential uses. Additional category 1 trees are being proposed along the northern boundary of the Property to enhance the appearance of the Project to adjacent i residential areas. Further,the variance is consistent with all applicable redevelopment plans,corridor plans,neighborhood plans, and master plans approved by the City Commission considering that the City plans for redevelopment of Griffin Road as a commercial corridor. Specifically, the City's Westside Master Plan identifies redevelopment of the Griffin Road corridor between State Road 7 to the west and Anglers Avenue to the east. The Property lies along this corridor. The City's Westside Master Plan acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. This plan further acknowledges Griffin Road as a gateway to the City as well as from the residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. The Project is consistent with the Westside Master Plan as it proposes to bring in a new commercial development with a large national retailer that will decrease any appearance of blight from another vacant lot lying along this corridor. It will further enhance the stability of surrounding neighborhoods and help spark further redevelopment in this area. The Westside Master Plan identifies the Griffin Road corridor as a priority for redevelopment, noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. The Westside Master Plan further states that due to the south runway expansion, it may be more logical to convert the land use in the area where the Property is located to a more compatible i commercial use because of the additional noise pollution that may impact residential communities. As such,commercial development is more appropriate for properties on this corridor. As the City intends to develop this portion of Griffin Road as a commercial corridor, the variance is consistent with, and in j furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. i (4)The olieht of the Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict re uirements of the sub'ect regulations unnecessarily burdensome. I I I The plight of Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. The Property itself is a fairly narrow lot that does not provide much flexibility for development. As noted above, only one (1)seven foot wide terminal peninsula is proposed, which is adjacent to the access off Griffin Road. Two (2) additional eight(8)foot wide terminal landscape islands are proposed interior to the Property. However, the Project has been carefully designed to provide a landscape buffer that exceeds Code requirements in area that abut residential development and provide residents additional protection rather than shift the buildings to include the additional landscaping on the west side of the Property that is adjacent to non-residential uses. Importantly,enhanced landscaping, including the use of three(3)additional live oak trees have been proposed adjacent to the residential areas to the north to enhance the appearance of the Project. By strictly adhering to Code requirements,the buffers adjacent to residential properties would be reduced to the minimum required by the Code in order to include the additional parking that would need to be removed from in front of the building in order to accommodate the ten (10)foot terminal landscape peninsulas and not as much protection would be afforded to these properties. As the Property is narrow and the Project provides additional buffers and enhanced landscaping on the east and north sides of the Property in order to protect the existing residential development,the plight of Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. i (5)The variance requested is the minimum variance that is necessary to afford relief to Petitioner,while Preserving the character,health,safety and welfare of the community. The variance requested is the minimum variance that is necessary to afford relief to Petitioner, while i preserving the character,health,safety and welfare of the community. As discussed above,the variance relates to two (2) terminal landscape peninsulas in the south parking areas and the terminal island adjacent to the driveway on Griffin Road. Although Section 275-100(D) requires ten (10)foot terminal islands, the Property is extremely narrow and cannot accommodate the additional four (4) feet for the interior terminal landscape Islands and three (3) foot for the terminal island adjacent to Griffin Road, without losing parking spaces that would have to be added to the rear of the Project. The Project Instead, includes enhanced landscaping and additional vegetation adjacent to these existing residential areas, sufficiently protecting the residential uses from commercial development. As the Project provides sufficient buffers adjacent to residential uses and provides minimum seven (7) foot terminal landscape peninsulas,the variance requested is the minimum variance that is necessary to afford relief to Petitioner while preserving the character, health,safety and welfare of the community. i i Variance from Section 510-30 H of the Code to allow zero (0) percent transparency of the secondary elevation of a corner site in lieu of fifteen 15 ercent (1)The variance maintains the basic intent and purpose of the subject regulations particularly as it affects the stabllity and appearance of the CI i i The variance maintains the basic intent and purposes of the subject regulations, particularly as it affects the stability and appearance of the City. Section 510-30(H) requires that glass windows and doors make up at least fifteen (15) percent of a secondary elevation. The intent of this provision is to "discourage generic suburban development types that bear little relation to the historic development pattern on Dania Beach". The principal arterial commercial design standards are designed to promote development where the physical,visual and spatial characteristics are established and reinforced through the consistent use of compatible urban design elements. The Project has been designed to provide glass windows and doors making up 38.8%of the total faeade on the front elevation(where 35%is required)and meets the intent of the Code along the Griffin Road corridor. Further, Petitioner is mindful of the existing residential uses to the east of the Property,Immediately across SW 290 Terrace and prefers to create a more aesthetically pleasing fagade, rather than have these adjacent residences looking into the lights and display items from inside the retail uses of the Project. As such, Petitioner is instead proposing to incorporate planter wire trellises on aluminum frames in three (3)areas along the SW 29th Terrace frontage in order to adhere to the intent of this provision of the Code and protect adjacent residential uses. The planter trellises will create a visual element to the facade that will be harmonious with the overall development pattern of the Griffin Road corridor and it is an added design characteristic that will add to the visual appearance of the Project to ensure a quality development that is not generic. As such, the variance maintains the basic !. intent and purposes of the subject regulations. (2)The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. As discussed above, the Project exceeds the transparency requirements on the south elevation fronting Griffin Road. The variance request is for the east elevation whichAs primarily viewed by the existing residential development immediately adjacent to the Property. Petitioner understands the underlying intent of this provision to create an attractive and interesting development along the Griffin Road corridor. As this is a corner property,the Project is required additional glass along the eastern frontage. However,adhering to this requirement would cause a visual nuisance to the adjacent residential community that would have a direct view into the retail spaces. Rather,the Project proposes the use of landscaped trellises that would create a more attractive visual appearance and create architectural elements that are more compatible with the residential uses. As such,the variance is compatible with I the surrounding land uses. I The City's Westside Master Plan further identifies the Griffin Road corridor as a priority for redevelopment, noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. This Plan also acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. The plan also identifies Griffin Road as a gateway to the City,as well as from the residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. As the City intends the Griffin Road corridor be redeveloped with new commercial I I development and businesses that serve adjacent_ residential communities,The variance is not detrimental to the community. (3l.The variance is consistent with and in furtherance of the goals objectives and policies of the adopted Comprehensive Plan,as amended from time to time,and all other similar plans adopted by the City. The variance is consistent with, and in furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. Specifically,the Project complies with the objectives and policies of the comprehensive plan as follows: Policy12 The. - Project provides commercialized activities to serve the residents of the community as it provides for retail uses intended to serve residents of adjacent communities and those traveling along the Griffin Road corridor. Policy 5.1-The Project encourages development to enhance the tax base of the community. Not j only will the Project increase the tax base as the property value will increase because of this development,butthe Project will also promote further commercial development along the Griffin Road corridor and attract other national retailers to the City. j Policy 5.6—The Project proposes a zoning district with an intensity of commercial development compatible with adjacent and surrounding commercial and residential land uses. The Project further provides substantial buffers with enhanced landscaping adjacent to residential uses in order to protect and properly screen them from the commercial development. i Polity 9.2—The Project is compatible with adjacent commercial and residential land uses as it is located along the Griffin Road corridor and is Intended to serve the needs of the community. Significant landscape buffers are proposed,adjacent to residential neighborhoods to minimize any potential impacts to residential uses. Additional landscape trellises are proposed along the eastern facade of the Project to enhance the appearance of the Project to adjacent residential ! areas. Further,the variance is consistent with all applicable redevelopment plans,corridor plans,neighborhood plans, and master plans approved by the City Commission considering that the City plans for redevelopment of Griffin Road as a commercial corridor. Specifically, the City's Westside Master Plan identifies redevelopment of the Griffin Road corridor between State Road 7 to the west and Anglers Avenue to the east. The Property lies along this corridor. The City's Westside Master Plan acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. This plan further acknowledges Griffin Road as a gateway to the City as well as from the residential neighborhoodsto the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. The Project is consistent with the Westside Master Plan as it proposes to bring in a new commercial development with a large national retailerthat will decrease any appearance of blight from another vacant lot lying along this corridor. It will further enhance the stability of surrounding neighborhoods and help spark further redevelopment in this area. The Westside Master Plan identifies the Griffin Road corridor as a priority for redevelopment, noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan i as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. The Westside Master Plan further states that due to the south runway expansion,it may be more logical to convert the land use in the area where the Property is located to a more compatible commercial use because of the additional noise pollution that may impact residential communities. As such,commercial development is more appropriate for properties on this corridor. As the City intends to I develop this portion of Griffin Road as a commercial corridor, the variance is consistent with, and in furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. (441 The plight of the Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict reggirements of the subiect regulations unnecessarily burdensome The plight of Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. The Project incorporates 38.8%glass windows and doors on the front elevation facing Griffin Road. However, the Property abuts existing residential uses to the east and incorporating glass windows and doors into the eastern facade create a visual nuisance for the adjacent residents as this would provide a view of the merchandise and in store elements throughout the day and while in-store lights are turned on at night. This is not ideal and is unattractive for existing neighbors. Rather, Petitioner proposes to incorporate landscaped trellises in place of glass in order to incorporate a unique visual element that offers relief from the building mass and is more compatible with the adjacent communities. As such,the plight of Petitioner is due to unique circumstances which would render conformity with the strict requirement of the subject regulations unnecessarily burdensome. '• 5 The variance re Quested is the minimum variance that is necessary to afford relief to Petitioner,while preserviniz the character,health safety and welfare of the community. The variance requested'is the minimum variance that is necessary to afford relief to Petitioner,while preserving the character, health, safety and welfare of the community. As discussed above, the underlying intent of this variance request is to protect existing residences from In-store lighting during j evening hours and direct views of in-store merchandise. Rather than Incorporating additional glass along the eastern facade which could be a nuisance for existing neighbors, Petitioner proposes landscaped trellises to provide visual relief from the building facade and create a an attractive quality development. Three (3) landscaped trellises are proposed along the eastern frontage in order to create visual interest and add an interesting landscape feature to the fagade. As such,the variance still adheres to the intent of the Code. Although no glass is proposed for the eastern elevation, this variance requested is the minimum variance that is necessary to preserve the character, health, safety and welfare of the community. i Variance from Section 510-30(N)to arovide a zero(0)foot landscape area in rear of building and parking area in lieu of eight(8)feet 1 The variance maintains the basic intent and purpose of the sub ect regulations, articular) as it affects the stability and appearance of the City. The variance maintains the basic intent and purposes of the subject regulations,particularly as it affects the stability and appearance.of the City. Section 510-30(N)requires a minimum distance of eight(8)feet between the rear of any building and the parking area where there is an adjoining residential use. The Project meets the eight(8)foot requirement in the front of the building which will be seen by pedestrians and vehicles travelling along Griffin Road. As the property to the north is developed with residential,this provision is being applied to the Project at the rear of the building adjacent to the proposed loading zone and a parking space. The intent of this provision is to "discourage generic suburban development types that bear little relation to the historic development pattern on Dania Beach" and promote design which is architecturally compatible with the surrounding area and the design goals of the City of Dania Beach. i Petitioner recognizes the importance of landscape elements to enhance the appearance of the Project and create a visual element that is harmonious to adjacent residential uses. Because of size constraints on the Property, the additional eight feet landscape strip is required along the northern border of the Property in order to create an adequate buffer for residential uses and meet drainage requirements for the site. The Project proposes a 44'3"wide landscape area adjacent to the residential uses to the north which is necessary for drainage and will create an aesthetically pleasing landscape area adjacent to residential uses. Numerous Live Oak and Spanish Stopper trees will be planted in this area to buffer the Project from residential uses. In addition,Red Tip Cocoplum is being proposed to enhance the appearance of the landscape area adjacent to residential uses to the north. The additional eight (8) foot landscape area that would otherwise have a minimal visual impact as vehicles will often be parked adjacent to these strips, serves a greater purpose adjacent to the residential area to the north, by permitting additional drainage on site and adding to the almost fifty(5)foot landscape area to the north that will provide better I buffering to the residential uses. As such, the variance maintains the basic intent and purposes of the subject regulations. 2 The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. As discussed above,the Project meets this landscape requirement in the front of the building and exceeds the landscape area adjacent to residential uses to the north by providing an almost fifty(50) foot wide landscape area that will enhance the appearance of the Project and create an attractive buffer. j The variance request is only for the landscape strip in the rear of the building adjacent to the parking and loading areas as the additional eight feet are required for the landscape area to the north in order to meet drainage requirements for the site. Petitioner recognizes the importance of landscape elements to enhance the appearance of the Project and has created a landscape buffer that is harmonious to adjacent residential uses. As such,the Project can provide additional Category 1 and Category 2 trees in the rear and provide landscaping that will create a more attractive visual buffer from the residential uses to the north. i The City's Westside Master Plan further identifies the Griffin Road corridor as a priority for redevelopment, noting these neighborhoods suffer from a lack of neighborhood businesses. The Project Is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. This Plan also acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. The plan also Identifies Griffin Road as a gateway to the City,as well as from the residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. As the City intends the Griffin Road corridor be redeveloped with new commercial development and businesses that serve adjacent residential communities,The variance is not detrimental to the community. (3)The variance is consistent with and in furtherance of the goals objectives and policies of the adopted Com rehensive Plan as amended from time to time and all other similar plans adopted by the City, The variance is consistent with, and in furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. Specifically,the Project complies with the objectives and policies of the comprehensive plan as follows: Polity 1.2 — The Project provides commercialized activities to serve the residents of the community as it provides for retail uses intended to serve residents of adjacent communities and those traveling along the Griffin Road corridor. Policy 5.1—The Project encourages development to enhance the tax base of the community. Not only will the Project increase the tax base as the property value will increase because of this development,but the Project will also promote further commercial development along the Griffin Road corridor and attract other national retailers to the City. Policy 5.6—The Project proposes a zoning district with an intensity of commercial development compatible with adjacent and surrounding commercial and residential land uses. The Project further provides substantial buffers with enhanced landscaping adjacent to residential uses in order to protect and properly screen them from the commercial development. Policy 9.2—The Project is compatible with adjacent commercial and residential land uses as it is I located along the Griffin Road corridor and is intended to serve the needs of the community. Significant landscape buffers are proposed adjacent to residential neighborhoodsto minimize any potential impacts to residential uses. Additional landscape trellises are proposed along the eastern facade of the Project to enhance the appearance of the Project to adjacent residential areas. Further,the variance is consistent with all applicable redevelopment plans,corridor plans,neighborhood plans, and master plans approved by the City Commission considering that the City plans for redevelopment of Griffin Road as a commercial corridor. Specifically, the City's Westside Master Plan identifies redevelopment of the Griffin Road corridor between State Road 7 to the west and Anglers Avenue to the east. The Property lies along this corridor. The City's Westside Master Plan acknowledges that businesses on the corridor are already distressed due to the suffering economy and further decline i i i I along this corridor may lead to the appearance of blight due to closed or abandoned businesses and buildings. This plan further acknowledges Griffin Road as a gateway to the City as well as from the i residential neighborhoods to the north and south and that its appearance and economic sustainability are vital to the stability of these neighborhoods. The Project Is consistent with the Westside Master Plan as it proposes to bring in a new commercial development with a large national retailer that will decrease any appearance of blight from another vacant lot lying along this corridor. It will further enhance the stability of surrounding neighborhoods and help spark further redevelopment in this area. The Westside Master Plan identifies the Griffin Road corridor as a priority for redevelopment, noting these neighborhoods suffer from a lack of neighborhood businesses. The Project is consistent with the Westside Master Plan as it recommends encouraging neighborhood servicing businesses and the promotion of economic development. The Westside.Master Plan further states that due to the south runway expansion, it may be more logical to convert the land use in the area where the Property is located to a more compatible commercial use because of the additional noise pollution that may impact residential communities. As j such,commercial development is more appropriate for properties on this corridor. As the City intends to develop this portion of Griffin Road as a commercial corridor, the variance is consistent with, and in furtherance of,the goals,objectives and policies of the adopted Comprehensive Plan and all other similar plans adopted by the City. 4 The plight of the Petitioner is due to uni ue circumstances of the Property or Petitioner which would render conformily with the strict requirements of the subject regulations unnecessarily burdensome. The plight of Petitioner is due to unique circumstances of the Property or Petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome. The Property is a small and narrow lot that creates many constraints for development. In order to develop j the Project, certain drainage requirements must be met to ensure any drainage can be adequately contained on site. The additional eight feet of landscape area is required at the north end of the Property In order to meet required onsite drainage.This almost fifty(50)foot landscape area to the north will also enhance the visual appearance of the Project and create an attractive buffer to adjacent residential uses. As site constraints requires the additional eight(8)feet of landscape area to be utilized elsewhere on site, the plight of Petitioner is due to unique circumstances which would render conformity with the strict requirement of the subject regulations unnecessarily burdensome. 5 The variance requested is the minimum variance that is necessary to afford relief to Petitioner,while Preserving the character, health,safety and welfare of the community The variance requested is the minimum variance that is necessary to afford relief to Petitioner, while preserving the character, health,safety and welfare of the community. As discussed above,the eight(8) feet of landscape area is required along the northern boundaryof the site In orderto provide for adequate on-site drainage. Rather than providing the eight feet adjacent to the loading zone where the landscaping will have little impact,the roughly fifty (50)foot landscape buffer along the north will better buffer the Project from adjacent residential uses and create a more attractive appearance. As such,the variance still adheres to the intent of the Code. Although no glass is proposed for the eastern elevation,this variance i I. requested is the minimum variance that is necessary to preserve the character,health,safety and welfare of the community. I i i i i i I I I t r r I i I INSTR # 111567495, OR BBC 49838 PG 1461, Page 1 of 3, Recorded 05/30/2013 at 10:10 AM, Broward County Commission, Doc. D: $0.70 Deputy Clerk 5010 i ti S This Instrument Prepared By: , Jeffrey L. Sauey, P.A. i Jeffrey L. Sauey, Esquire 1721 Southeast 16ei Avenue 101 ,� ala, Florida 34471 rantee's Name and Social Security No. : Robert C. Favarato, Trustee 13899 NE 38'-h Avenue Anthony, Florida 32617 y ss No.: Sarah Diane Favarato, Trustee 13899 NE 38t° Avenue Anthony, Florida 32617 Q01IFSI t f 2 between ROBERT C. FAVARATO, hereinafter referred to as "Grantor", a .I and ROBERT C. FAVARATO and SARAH DIANE FAVARATO, as TRUSTEES under the ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST, Dated the 171 day of December, 2012, with power and authority, either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein, hereinafter referred to as "Grantee", whose address is e 13899 NE 38Tb Avenue, Anthony, Florida 32617. I { W I T N E S S E T H: t The Grantor, as a gift and without consideration, does hereby i grant and convey unto the Grantee, its successors and assigns forever, a One-Half (1/2) undivided interest in the following described parcel of land, situate, lying and being in the County of Broward, State of Florida, to wit: SEE ATTACHED NMBIT `"A" This deed prepared pursuant to information provided by the Grantor herein with no survey or examination of title. F 4 i 1 A `t t fr I 4 I J INSTR * 111567495, OR BK 49838 PG 1462, Page 2 of 3 i i i s TO HAVE AND TO HOLD the same to the Grantees, its successors and assigns forever. The Grantor hereby certifies the above described lands do not constitute the homestead of Grantor as defined by Article 10, i Section 4 of the Florida Constitution; nor do the above described lands constitute the homestead of any member of Grantor's family dependent upon him for support; nor are said lands adjacent to or contiguous to lands upon which Grantor claims or maintains as his homestead. The domicile address of Grantor is 13899 NE 38t°Avenue, 1 or 61 C� Q R dew Yafer c w ant e e ta,,jagai p on e co Qe jI I 1 Grantor. s j IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year first above written. j s I S I j Signed, sealed and delivered in the presence of: MPlease R RT C. FAVARATO t e rant) 13 99 NE 38- Avenue Anthony, Florida 32617 (Please type or print) STATE OF FLORIDA) COUNTY OF MARION) I HEREBY CERTIFY tha a for�eggooing instr}�nt was s acknowledged before me this day of MQ�I 2A13 56M, by ROBSRT C. FAVARATO who is pers ally known to The or who d produce { a ddmW!e lkO as entification. N I i 7 i I yiiy�1wTgrlYil 2 i 1 INSTR $ 111567495, OR BK 49838 PG 1463, Page 3 of 3 I j 4 ' I I EXHIBIT "A" ' I I IU Son&3t W hd ofte Vcabg(W GE&M Fosla(14)6 i s1�kTYae(3�ofsuional.7'oe�Sosttttr•1twSs 42 8qt•tra�oo�pllMthne�f. neoorledb�Hsok?,lh/e 3'!,ellfsPobiit�eeenl�otDrA.Oo�rpioddq widltrdtllb�e. � aioR�d�i��swtd��laidr. Lp.S��a�d8�'8!'rtdtp�t#r..efiea�eda�[1�od I dw r \\ i • \ t1 t :yyy�g i I S I 3 S i I t 5 r i i f I I t I Y I i i I i i i I 20'-ej' TOTAL ALLOWED 73 OF FAM D3L Lf4l TOTAL PROPOSED 37.23 SF cV N I I ._...�.._____...__..... __............ ._._...- .._........._.__..._.__- i MAY BE NATURAL TENANT % % 4 -:=v "` '"°""' O}°f9 "" •"0.a°"" nan.aw" .aov vs Wt REGISTERED.PATENT �.—. 1mII11F pnMRnIWWT I i i IF- SCUM! SWATIaNS-MMAK ENTRANCE-FWPff E"AT10N GENERALSPECIFICATIONS: ELECTRICAL COLORS: Illumination: Exterior:BASE,CABINET&RETAINERS-Ptd.AKSI ,Materials:Extruded aluminum •(140)LED Modules Few:177 SG polycerbonate vacuum formed BellsagPower 3u NOBEL(GRIP GUARD PLUS)'Sign20134" PWY� Face Decoration:2nd surface •(2)60 Watt power SuPPles Raceway.NA Across: face Face Graphics Color Specications: Line Load: "FAMILY--AKSO NOBEL(GRIP FLEX)"Sign 103W Area Squared:50.38 Sq.Ft. •2.11 Amps�Q 120 VAC WHITE,"SIGN 0208 RED" Area Actual:28.22 Sq_Ft. •(1)20 Amp clrcvft 60 Hz UL 48&NEC ,DOLLAR"-AKSO NOBEL(GRIP FLEX)'Sign 1Mg Weight(Es) White,"Sign 020WORANGE TBE(crated) ®SYMBOL-AKSO NOBEL(GRIP FLEX)-Sign 1036 TBE(uncrated) White Wind Load:120pst I I SALES REP. ROS=8 PBREE SCALE : 1/10e � • e 2901 GRIFFIN ROAD SRhWM IM Qe 01/is/ 15 2400 111f 3 CT DANIA BEACH, FLORIDA YOAN=S LE HIALEAH, &L 305.885.3411 secsx I I i 24" 24" 24.5" 24" _D 24" A Y 24" 33 5" 24.5" 24" 24" m 24" 24" —n i 24.5" Eases ace ® � � ROBIN PBRLL BC= 2ADD ^ 2907 GRIFFIN ROAD Daursao" 2400 WEST 3 CT DANIA BEACH, FLORIDA YOANIS LEDs ° oxi to i is HIALEAH, FL 305.885.3411 I i i MOUNTING DETAILS CHANNEL INDIVIDUAL LETTERS WITS LED TRANSVERSAL VIEW i 040 ALUM. RETURN ....... 20 AMP DISCONNECT SWITCH Gas 1" TRIM-CAP TRANSFORMER CANE ""°- , W' WIRE CONDUIT na.b^' W/ #12 WIRE, THNN. 1/l3" THICK PLASTIC FACE THWN. (GROUNDED) n AS PER NEC 600.24 LED SELF SUPPORTED GROUND WIRE ATTACHED W/3M VHS BY a LED POWER SUPPLY 12 VOLT. MANUFACTURING SUGGESTED "°�. - --- -- ----- --— ---- j %YSTEM AS PER NEC 600-41 MONTING HARDIPARE CHART WALL a n„r7o• p�7y da ! U a 1o• �: 3 min. per Letter 1/4" DRAIN HOLES e 3 8" X 3" SOP-R-SLE M X I IX 1 4" x 3" DOLTS TDRO 1W1'.L x X %I x 14" X2 ' TAP CM X I Ix 1/4" L40 DOLTS x 3 s" x 6' TOGGLE DOLTS x x #10 x 2" H x SCRM x 3 8" x 3" WOOD SCRIMPS x - 701351 24A VDC Power S40p1y for UP TO 2.W AMPS AWG#18,2 oon4joIor,PVC JadoWW,NEC type Power Lh*W That'COM (PLTC)wAh UL UMV.Used for letter 10 bft Jumpers or etter Am of power supply bad uP to 1 tY. - AWS rR 14,2 aorlduow Pvc joewted.NEC Mm Power ummed iley Cabo �aNamiwm roan TM whh UL Lhft Used for adermlon of power s4*V lead uA to W, - UL Uded for wet taaallon at NEMA BR Soy,min.dhierlelorm 17 y 12"x b°, 0.040 AlurNnum cede _ Wrf0d F poweir supply Is 10 be rnarNed In a lo0albn amxx d to Cam d aid hu 04aft wlM dmb*aided tape ffmnffio AMlic race CYO' pinched and V"NUN(lDEAl P)N#30.072 Slue) caused seam - SwRco �(IYB or#1 o)or RMM{I iW or M 6'j for nutting 1tamn. �'Suahh - 9Mcane aealQPt LED DMsotnadon - la;,•-Condon for Power Supply RMory(Water tW 8 mound V Power Supply in a box outdoors) omen hdo - W CondLA 00nneotors for Power Supply P*rxry(WatertV t K rraift Power Supply hr a boy outdoors) i - DWOomleot mloh for primary power dUaff(See Plpurs 131 Red Dot 882SE, Levk n 1451.1CP or equlvabl'rt. was=sc�o>s APPROM - ALL ELECMICAL COMPONEMS ARE U.L LISTED AS PER NEC 600.3 AL zs�cros GROUNDED COMPONENTSLECTRICAL x o o ARTI An OL CLE 600.i OF THE N.E.C. - PRWARY 120 VOLTS#12 WIRES BY OTHERS - SIGN GROUNDED ACCORDING TO NEC 600.24 and 600.7 .m MTS—th FRUMBt�ICAL NOTE: bVMNOT R SHOWe(INm N ss>AS DRAWI TIME CLOCK OR u DOW WEAL TFi PHOTO CELL READ. aZLECTRICSFm fOAL 3A'O 120 vom Na Rc(6 Dzurm aaowaw eras ro. ® tIC 600.6&600.21 140KEDMOYONG&BOX "�°�■■ .®r iu sow m r a�sUl axLse ReP. * ° ROBIN PI VEZ SGLe B/a i 5 4•.M.y 2901 GRIFFIN ROAD Dmixa ex 2400 WEST '3 CT DANIA BEACH, FLORIDA YOANIS LEON °A ol/ f5 / f8 HT AT EAH r FL 305.885.3411 POPS= sass , i bSXqUMFM SIGN ALUMINUM CUT-OUT FACE NTH PLASTICBEHIND TOTALALLOYYED488F i V TOTAL PROPOSED 45.73 SF Color Reference: ■ neawnr FAMILY au3M pearls xne. riamnwMvwrr PaOaraanam �. 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ROSIN PRMZ Scam 11100 0 ' 2901 GRIFFIN ROAD muWm eu DANIA BEACH, FLORIDA case : 01�1s 1s 2400 WEST 3 CT lanais 1.aox ` HIALEAH, FL 305.885.3411 sonsvan OEM i i! f I not.:All IrWor0lets!Components tobs Pah"VMft Side View r-Sard 114*Steel Sadft Ir Wds EXhAed bw wlbe(@ Top and r—EXbvdbdA1umlwm Auniwm Fo rq System —------ ----- I Z.vqwft Flame 1141 ZHW=FtMw Face (TOPIDA a SW Wusonternp SDdMtg Ses DWA i #rjo-1(Wng a T-P) F (S)RST121100 E Fkmrmwt Lamps ROT12110M Fk..—.Lampe --Cl)LW"Componente E l5ecOwk Softest#EESS4W1SL F CLL C 7 ab 120Vdb,24Amps Each.—-i (.Wsoa j7n4;==,t0 8 Vw Graphics cc .1e.I bew West It W ThIL Sent Steel Aw Sadft 1312dust -*--ww0wpmdPftwY 00 Swifca Dbmrwd '9 E Sft' Lamp SodM R30-2 001tom) Ic�am r & 4 r to E I Z- 01 �g � � _ CL = r FabriembdAuml-m TheSkittills Just bCowr Nummmvdjw V41res and Pala YA be no SIgns in This Am as CL N, 0 -6 8 eneical ownedw By Mae@ 13 _e 2 E Front View-Construction Detail NvhK Hw4ng LJ r jq 0) Scale:112"a V-W' Sam To 13055 0 Appdod To Flat -j C G .2 VL—F— Ez. NOTE: 0 TIME CLOCK OR coo 0, PHOTO CELL REOD. NOTE Her per PAP(r ULDY MOMI To Phin re C Wft afglgn Few 7 RMNER 1 11013 1 TA 1 =4 183-1 ewowNONEA LL OR EQUAL z E —1 LU Detail Scale:N.T.S. Scale:N.T.S. Extrusion Profile Hinged Retainer cc RCEIN PMZ Es Nee. SCALE 1/100 2901 GRIFFIN ROAD Prawnw NY DIM : 01/15 15 2406 MST i CT DANtA BEACH, FLORIDA Yomis LEE HIALRRH, JPL 305.885.3411 THIS DESIGN COMPLIES WITH 2010FIC AND ASCET-10 WIND SPEED=175 MPH EXPOSURE--C Bael 1W Steel Saddle ExtiudodAlumimm 17 Me Extruded Stadcalm(a Tqp and 11011M) AJLgnlm)M Fearnlro Sylibin 17 ftn Frame THh,yed Rodaim Few.tt Sea Detail (TopAone Side) V 1/4'Thk Sent Steel 9 LJ I SIX SIX 3/161 GRADR A STEEL VMT Beno— .rn :Ea con- S21-U5 X LAJA Z xNme Lug rid Role will be ro SWm in This Am N MiLL5.1'sz. GRAIX FabricalmdAlunfton RwrUlw'"t An a I I-.&I- AWGIM.SoMm%W-OW m.Z xi —S^ rM553321=10. r5.j zzfA D —nu m H Sam a* 'm— t 51—V 61—V 6'-3-(L)X 5'-0-(W)X 1'-6'(DEPTS 3.000 PSI CONCRETE FOUNDATION • BALM ASP. ROBIN PZFZZ 2901 GRIFFIN ROAD DRAW=by ; OLM 01/ 13 15 2400 REST 3 CT DANIA BEACH,FLORIDA Yomms LIM HXALRM, FL 305.885.3411 FR ECONNAISSANCE LEVEL FIELD ASSESSMENT i 2901 Griffin Road Property Broward County City of Dania Beach Florida Section 29, Township 50 South, Range 42 East I I PREPARED FOR: Abreu Development,LLC July 29, 2014 BY: Phillip R. Jimrusti & Associates, Inc. ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 4085 S.W. Honey Terrace Palm City, Florida 34990 Phone: 954-370-8870 - Fax: 772-781-3790 As Nature Intended Table of Contents 1.0 Introduction 2.0 Vegetation 3.0 FLUCCS Description 4.0 Soils 5.0 Wildlife 6.0 Conclusion 7.0 References Appendices Location Map Figure 1 i FLUCCS Map Figure 2 Natural Resources Conservation Service Soil Survey Map Figure:3 Wildlife Survey Transect Neap Figure 4 j 4 i I 2 1.0 INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this approximately 1.23-acre tract of land located on the northwest comer of Griffin Road and SW 2e Terrace, Section 29, Township 50 South, Range 42 East, Broward County, Dania Beach, Florida (Figure 1). The parcel was surveyed for compliance with the South Florida Water Management District Basis of Review, Broward County Ordinance No. 9349, section 27, and the City of Dania Beach °Tree. Preservation° Ordinance (Chapter 26, Article . 2) and "Wildlife Protection" Ordinance (Chapter 29, Article 4). The site was investigated to identify native vegetative communities, determine the viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission (FGFWFC), and the Florida Department of Agriculture. The site is bordered on north by residential development, on the south by a paved multi-laned road, on.the east by a paved road followed by residential development, and on the west by a church (Figure 2). The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed.for commercial or residential purposes. 2.0 VEGETATION The presence of various community types were assessed during this inspection, dominant plant:species in each vegetative stratum (tree, shrub, and herbaceous), and evaluations were conducted as to the suitability of each ., community type to support listed or regulated plant species. The relative occurrence of dominant species was estimated visually, Parameters evaluated included density and distribution, and notation of presence and extent of disturbance to the habitat. The site can best be described as having been partially cleared in the past and is currently mowed. The vegetation. on the majority of the property includes St. Augustine grass (Stenotaphrum secundatum), bahia grass (Pasaalum notatum), star rush Dichromena colorata), and wedslia (Wedelia trilobata). Canopy and understory vegetation remains in the northwest corner of the property and consists of Brazilian pepper (Schinus terebinthifolius), schefflera (Schefflera actinophylla), a royal poinciana (Delonix regi.a), snake plant (Sansevieria hyacinthoides), wild coffee (Pgychotria nernrosa), air potato (Dioscorea bulbifera), and syngonium (Svngonium podophyllum). 3 i I I 3.0 FLUCCS DESCRIPTION The site contains two types of land use communities, which are shown in Figure 2 of the Florida Land Use, Cover, Forms Classifrcafion System (FLUCCS) map: Brazilian Pepper (FLUCCS —422, 0.14 acres.) and Disturbed Lands (FLUCCS — 740, 1.09 acres). The.Brazilian Pepper category describes areas that are usually disturbed and have a.high.concentration of the invasive, exotic Brazilian pepper (Schinus terebinthifolius}. The Disturbed Lands category describes areas which have been changed due primarily to human activities other than mining, and in this case describes an area that appears to. i have been partially cleared, possibly filled, and is currently mowed. 4.o.SOiLS Site soils were assessed:for hydric characteristics by examinin a soil core 9 to a depth of at least 18 inches and were characterized by determining soil horizonation; texture, color, moisture content.and depth to saturation and/or standing water. The presence or absence of particulate organic matter, organic matter staining, concretions, mottling, and gleying also were nofied. Soil .hue, value and chroma were determined with the. Munsell Soil Color Charts. The US Department of Agriculture, Natural Resources Conservation Service Soil Survey of Broward County indicates that the substrate of the property consists ; of Basinger fine:sand, 0 to 2 percent slopes (4) (Figure 3). The Basinger series consists of very deep, very poorly and:poorly drained, rapidly permeable soil found in low flats, sloughs, depressions and poorly defined drainageways. 6.0 WILDLIFE In accordance with the "Wildlife Protection" Ordinance (Chapter 29, Article 4), conditions on the site were assessed :by walking a series of pedestrian transects across the property and thoroughly examining the parcel for indicators of animal habitation (Figure 4). The methodology utilized was to look for signs such as scat,. hair, burrows, tree scrapings and dens. Based on previous studies. of animal populations within these communities, the following is a list of probable animal species that could inhabit the site but were not observed during the site visit: 4 i 5.0 WILDLIFE (continued) i ! Table 1 c State and Federally Listed Species that could occur on the subject property. Proteded Spade Common.NaMe Sderdit Name State Federal Reptiles iGreen anole Anolls carollnensJs n/a n1a Brom anole Anails sag{eI Na n1a Cnemldophor+rs seztlnestus. n1a Na Six-lined racerunner _ _ Birds _ Ground dove Columbia passerine nla Na Mocking bird mmus poJygdotlos n1a n/a Mourning doves Zensda macrours t '/O n/a Mammals Nlne.banded armadillo Dasypus novemonorus nla nla Gray squirrel sdurus cerolbansls n1a n1a : Opossum MOW vurglnlena nia Na Re0000n Procyon lowt nla We Amphibian Bufo quercicus nla Oak toad _—._____._�_ E= Endangered SSC = Species of Special Concern T=Threatened n/a = Not Listed several small burrows were_ observed in the northwest corner of the property. Although no wildlife was observed, it is thought that these burrows .could potentially be inhabited by a land crab species. i 6.0 CONCLUSION The findings and conclusions documented in this report have been prepared for specific application to this project, and have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions :in the area, and in accordance with the terms and conditions set forth in our agreement. The conclusions presented in this report are professional opinions based on interpretation of information currently available. 5 6.0 CONCLUSION (continued) This site is located in a highly developed commercial and residential area. No standing water is present on the property. No rare, threatened, endangered or species of special .concern as listed by the Florida Department of Agriculture., the Florida Game and Fresh WUater Commission(I=GFWFC), and the U.S. Fish and Wildlife Service (USFWS) were observed on the property. Although one obligate wetland_ plant species, star rush (Dichromena colorata),. was observed on the property, no other wetiand indicators were present at the time of the site j visit. The habitat value is rapidly diminishing due to the infestation of exotic and invasive vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. i I II I 6 I t i 7.0 REFERENCES Broward County Property Appraiser's Network, www.bcpa.net j Florida Association of Environmental Soil Scientists. 2007. Hydric Soils of Florida Handbook, Fourth Edition. Florida .Department .of Environmental Protection. (Gilbert et al. 1995) The Florida Wetlands Delineation Manuel. Florida. Fish and Wildlife Conservation Commission. 2004. Florida's Endangered Species. Threatened Species and Species of Special Concern, Official Lists. Tallahassee, Florida. i Natural Resources Conservation Service Soil Survey Map (http://websoilsurvey.nrcs..usda.gov/app/) I� The Audubon Society, Field Guide to North American Mammals, 1989. United States Department of Agriculture Handbook 18-Soil Survey Manuel. 2000. Munsell Soil Color Charts United States Department of Agriculture, Natural Resources Conservation Service, in cooperation with the.National Technical Committee. on Hydric Soils. Field Indicators of Hydric Solis in the United States, A Guide for Identifying and Delineating Hydric Soils, Version 6.0, 2606. United States Department of Agriculture Soil Conservation Service. 1974. Soil Survey of Broward County, Florida. United States Fish and Wildlife Service. 2004. [Updated list of federally listed endangered and threatened species].. Washington D.C. i 7 I i CO E F " J 4 9 SVB all Tg r M 270 Asir ay4,`n I W () a : i sw30* a a Z W . W32uAvc twumdAvo I i N S ' CK i i m V � LL ` w " N !! i r Y p• { i i i I .. I i i I i Pill Opp 1 LEGEND. NUMRM .. DESCR1RTlON . : NORTH . k BASINGER:FINE SAND, O.:T0.:2'. PERCENT:SLOPES SOILS MAP.. PHILLIF RL USTI goo-07 • & ASSQ(, , .INC 2901 GRIFFIN ROAD PROPERTY.: s0L$ MAP 4j 4 O PPaL ebNsaLr�l'rs sW .c,M`M" ABM DEVEL.OPEIM ImM DMA WACK.FUNMA rArac c4!rs. x w stpoo 07-29�14 . .eRow�no.ca. � -�o- Ras : . . . ,rdawr tom).� ... . . FI GURE I w -3 I 1 5 ' fir• •. : , ':,. ;�,. fur• 3 1. � '0���� ���x•!F � � �*�� � 'fit, i T e� Y:. i 4>�.t s� �S•� .�s. �'d_sw,r. >i. pf:a.- �74�Y�w.. nk..a�.:.....:r....-r�x.. ' ±}-^' i ..{ i �> 1 , t 1: All * LLI coil, illy" MAH � N 5500 Village Blvd Suite 103 1 West Palm Beach,FL 33407 06- ii p 561-840-8650 1 f 56178Q-8590 www.mcmtrans;:com PRINCIPALS Joseph w.McMahan,P.E. Joseph J.DeSanHs,P.L,PTOE September 10,2014 John S.Depatma wiwam T.steffens Casey A.Moore,P.E. Gary R:"aughton,P.E.,OTOE i ASSOCIATES VIA E-MAIUUS-MAIL John J.Miichki,R.E. Christopher J.Wtttiams,P.E. R Trent Ebersole,R.E. Mr.Daniel Abreu Matthew M.Kozsuch,P.E. Candela Developers 14011 SW 201h Street Miami,FL 33175 RE: Dania Beach Family Dollar Traffic Statement . McMahon Project No.L14603.01 Dear Mr.Abreu: McMahon Associates, Inc. (McMahon) has completed a traffic statement regarding the proposed development of a parcel of land located on the northwest corner of Griffin Road at SW 29u Terrace,in Dania Beach. The site is currently vacant. The proposed development, with an anticipated buildout year of 2015,will include a 9,943 square foot shopping center. Trip Generation Analysis Using trip generation information obtained from the Institute of Transportation Engineers (rM), Trip I , Generation Manual, 91h Edition, trip generation estimates were developed for the proposed land use. The trip generation analysis, summarized in Table , indicates that the proposed development is anticipated to result in 280 daily trips, seven (7) AM peak hour trips and 24 PM peak hour trips: Excerpts from ITE are attached in Appendix A. Conclusion Based on the analysis contained herein, the proposed development is expected to result in minimal impact to the surrounding roadway network. I i I I Corporate Headquarters: Fort Washington,Pennsylvania i Serving the East Coast from 13 offices throughout New England,the Mid-Atlantic,and Florida i i i `s� N V. 14 N i H aR V i z WW1 Qi F w A g i WW z � I N y h g L o i F � OC7 O O � ' a a I i I i Mr.Daniel Abreu Septeri ber 10,2014 Page 3 Should you have any questions or comments regarding these findings,please do not hesitate to call me. `�sesiaaeiri� 4 tl y. o.��0{� • � • .� . �- • �i1ar - a' s I.erc ' State of Florida,Board of P.rok, RA neers Certificate of Authorization No,4908 NTL/hsv Enclosure i j 4 I I I I I } F:1FLI14603L_Candela_DaniaBchFamilyDollarTS\14063L_On\Admin%itrOA M4-ShoppingCenter.docK i I i t APPENDIX A TRIP GENERATION INFORMATION i i i i i Shopping Center (820) Average Vehicle Trip Ends vs: 1000 Sq.Felat Gross Area On a: we"ay -Number of Studies: 302 Average 1 boo Sq. Feet GLA: 331 Directional Disftutton: 500/6 errtering,50%exiting P Trl Generation per iAQO•Sq.Feet Grow Leasable Area i Standard Deviatio Range of Rates n _. . ..Average Rate 12.50 270.89 42.70 • i Data Not and EquatJon 70.0m x . • V _.-.�... .. _.- __. '.x-.. Xx -X - k X.. X X : ; x > Xx' % 'x X' x .. m ... _..:aid x- 90000 x ;X ,•X'7� :X XX: x X# e�"4� X X :X XX• ... ............ :ti.....s_._ x x ; 10,000 x X x'X` 0 800 900 100D 1100 12D0 13M 1400 i600 1000 0 i00 200 OW400 WO W0 700 X=1000 Sq.Feet(goes Leasable Area ---- AV RM X AGIUM DatnPolro -- Pitted Curve 6rape to fitted curare Squedon; Ln o s5 Ln(X)+5.83 a79 7Hp Generation,8#h EdNbn a inemute of Tr"PrtOdw Engl mm 1889 Shopping Center 820) Average Vehicle Mip Ends vs; ifitl0 Sq.Feet©roes Leasable Area On a: Weekday, Peak Hour of Adjacent Street Tm l c, One Hour Between 7 and 8 a.m. Number of Studies: 104 '--Average 1000 Sq. Feet GLA: 310 ' •:Directional Distribution: 62%entering,30%exiting Trip Generation per 1000 Sq.Feat Gross Leasable Area u ' Average Rate Range of Races Standard Deviation 0 . 0.1.0. . - 9.06 . sf. . Data.Plot and Equation 1.500 JAW.............. ._ .... w... .. .. .,. ...................................... �X ... S 1 900 .. ... .. •. .• ... ... ' ..• ••.J....J. ......... 1,200 a00 .. .. .. .. •• )( j x ; I X. 000 x x :x x: X .................. .. XXA 100 X' .: .. 0 Y 0 100 fAO ON 400 ON 000 700 a00 ON 1000 1100 1200 1800 1400 1000 1000 ' X.1000 8%Feet Grow Leasable Area X ACMM DM MI MN§d CwM ------ Aveno Rats Pitted curve 6gteNon: Ln1Ty=OJei Lno iQ+2.24 Fie a 0.e9 1ee2 ft Generadw,86 EdMon • lrmftte of TmrapwMbn EnOlnaers ' i f ho in Center :,:•: s;. (820) ,, F•.::• Leasable Area yy;`,:= Average Vehicle Trip Ends vs: 1000 Sq.Feet arose On a: Weekdagi: Peak Hour of AdYwertt attic, ,.h �Y •,�°,;;�: Street Tr One Hour Between 4 and 6 p.m. nXII.. ...- Number of Studies: 426 �4w 1000 Feet GLA• 376 age, ' `. .Directional Distribution: 48%entering 6W*exiting :: <a eon per 1000 Sq.!Feet Gross Leasable Area �(i� Rate• Range of Rates Standard DoWe0on 0.68 - 29.27 2.74 3.y1 blot iM4 Equation 8,000 .. 7• .................;�� - . • �� - . ......................... I 8.01'° X x x s s,obn ......... 1c . .X_;� X.... . .; .. x sx ,. .. . a,� .... x :- ......... -- x ........_ XX J Q -x x. c:/ x x x .... F! 3,000 X.....X X�X r�'x X_ X X�X .. - ' •....................... -- XX .. xx xxat..X.... ?..........-•-_... . ....................... 1� X X x • 0 0 10002000 X=I OW Sq.Feet Gross Lsas w Area Fitted cam. -----• nveraoe RW X AoodatOedaPolnft � IRed CWW Equadow L M a OAT LAC}+131 Rae 0.8 f F � i I Mp Generaftn•9th Edltlon 0 InBWUIe OfTranepoFU&n Engineers 1ti8� fill o 13 �► k; C9 a 184 819 S3 L tq cp bQ E E E E E E. ,� = cQQi o. a at a Qa d. a c. d: d I 4? $ $ g r { I i � I rlD w a 46 ITE M Tdp Gwwatfon Hwd x*2nd 6dtlon ampter6 I f I BF9NhRD cir i AVIATION DEPARTMENT-Port Lauderdale-Hollywood Internatiohal Airport 2200 S.W.45 Sftet,Sule 101:0. 01a Beach,Florida 33312+954-969.6100 i july 29 2014 Marc LaFerrier;AJCP Planning Director City:of Dania beach 100 West Dania.Beach Blvd Dania Beach,FL 33004 RE. Family DoAar,2901.Grille Road,Dania Beach FL Browurd County Aviation Department(BCAD):Review Dear Mr.L errier: The Broward County Aviation Department (BCAD) :has reviewed the proposed Family:Dollar development located west of Fort Lauderdale-Hollywood International Airport (FLL). Since the proposed project.is within 20,000 feet of FILL, its development .and operation is.subject to Federal Aviation Regulation (FAR) Part 77: Florida Statutes Chapter 333 and/or the Broward County Airport Zoning Ordinance. These standards seek to ensure that any proposed construction, use of high lift equipment,such as cranes;or other potential hazards will not negatively impact the safe and efficient use of the airport and surrounding airspace. Taking into consideration the proximity of this project to FLL, i BCAD is providing the following comments regarding the proposed development:. • Based on the location of the proposed project,FAR Part 77,Subpart B and Section 5-182(n)(2)of the Broward County. Land Development Code,.require the applticant to obtain a"Determination of No Hazard to Air Navigation"from the Federal Aviation Administration(FAA). The receipt of a favorable determination is required for all critical .building points and temporary construction cranes and must be received prior to any construction activity, If you have not already done so, please use the following web address to initiate the Federal Review (FAA 7460-1) process: � his Noesaa.faa.govloeaaa/external/portaLisp. • Following the receipt of a favorable FAA determination,the, applicant may also need to obtain "airspace obstruction permits" from the Florida Department of Transportation (FDOT). This documentation is necessary :to determine if the project will adversely affect public health or safety. If required, these permits :must be obtained prior to the commencement of any construction.The following web.address can be used to acquire additional information pertaining to. the FAA and FDOT airspace obstruction review and permitting process: hU.--//www.dot.state.fl.us/Av'iation/obsixuctiotis.tb-tTn, • No building, structure or vegetation on.the site.may exceed twenty. eight(28) feet above ground level as shown on the architectural elevations and site plan, unless: submitted to BCAD for additional review. I Bromrd County Board of. y t lRittelone� *r • Lois Wexler GunzeuWr•Dale V.C.Hotness KrW Jacobs•Martln David Kiej+Chi ti Barbara St,edef,8tacy s err.BY WWW bt< ►d t3 drg - i i • The proposed developmem mast not generate light,Slane,smoke or other emissions that could be disorienting to pilots operating in the ykmity of the airfield.. • The prolxwd development must not attract wildlife duet would be a potential safety hazard to aircraft operations. We request that dw above conditions be included in any.development.approval issued by the City of Dania Bawk. Tills.review is based on the Site Plan, Sheet SP-1, dated June 25,2014 and do AmMectaral Elevation Plans, SP 2, tided June 25, 2014, prepared by Fanjul and Associate, ILL If the PWP=d PIM M revised substantially from Ihow submitted for this review,BCAD requests brat the revised development plans be submitted for an additional review. This review also serves to advise to the applicant of potential eircraR over-fliglit and noise impacts on this property due to its proximity to the Airport. Former regarding the crniant and potential impuots of airport operations on the subject property may be obtained from the Broward County Aviation Department,Airport Development Pknning Division: The applicsert should note t*&0 project 4 not eligible for federal fimding to mitigate aircraft noise. Please do not hesitate to contact me if you have questions or require additional information at 954359.6258. Smid Sincei+ely, c 1L Hamnwm%MCP i Principal Planner, ow. Michael P.Pacitbo,P.O.,Director Planning and Environmental i i Mail Processing Center Aeronautical Study No. Federal Aviation Administration 2014-ASO-8574�-OE Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard i Fort Worth,TX 76193 Issued Dater 09/24/2014 Christina Bilenki Dunay,Miskel,Backman and Blattner,LLP 14 S.E.4th Street Suite 36 Boca Raton,FL 33432 _DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C:, Section 44718 and if applicable Title 14 of the Code of Federal Regulations,part 77,concerning, Structure: Building Family Dollar Dania Beach Location: Dania Beach,FL Latitude: 26-03-47.95N NAD 83 Longitude: 80-10-52.71 W Heights: 9 feet site elevation(SE) 30 feet above ground level(AGL) 39 feet above mean sea level(AMSL) j This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s),if any, is(are)met: It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be a-filed any time the project is abandoned or: At least 10 days prior to start of construction(7460�2,Part 1) X_Within 5 days:after the construction reaches its greatest height(7460-2,Part 2) i Based on this evaluation,marking and lighting are not necessary for aviation safety. However,if marking/ E lighting are accomplished on a voluntary basis,we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 03/24/2016 unless: i i (a) the construction is started(not necessarily completed)and FAA Form 7460-2,Notice of Actual Construction or Alteration,is received by this office. (b) extended,revised,or terminated by the issuing.office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC)and an application for a construction permit has been filed,as required by the FCC,within 6 months of the date of this determination. In such case,the determination expires on the date prescribed by the.FCC for completion of construction,or the date the FCC denies the application. Page 1 of 2 f i NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE.AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED,YOUR DETERMINATION MAYBE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based,in part,on the foregoing description which includes specific coordinates,heights, frequency(ies)and power.Any changes in coordinates,heights,and.frequencies or use of greater power will void this determination.Any future construction or alteration,including increase to heights,power,or the addition of other transmitters,requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes,derricks,etc.,which may be used during actual construction of the structure.However,this equipment shall not exceed the overall heights as indicated.above.Equipment which has a height greater than the studied structure requires separate notice to the FAA. I This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft.and does not relieve the sponsor of compliance responsibilities relating to any law,ordinance,or regulation of any Federal,State,or local government body. Any failure.or malfunction that lasts more than thirty(30)minutes and affects a top light or flashing obstruction light,regardless of its position,should be reported immediately to(877)487-6867 so a Notice to Airmen (NOTAM)can be issued.As soon as.the normal operation is restored,notify the same number. If we caw be of further assistance,please contact our office at(404)305-7081..On.any future correspondence ' concerning this matter,please refer to Aeronautical Study Number 2014-ASO-8374-OE. - - Signature Control No:225186140430192911 Y -+DNE Michael Blaich Specialist I l Page 2 of 2 i I