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Home My WebLink AboutR-2015-096 - Approved Site Plan for property located at 5461 & 5471 SW 40 Avenue RESOLUTION NO. 2015-096 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-023-14) SUBMITTED BY ARI SKLAR,A.I.A., SKLARCHITECTURE,AGENT ON BEHALF OF THE PROPERTY OWNERS CASEY 18 DEVELOPMENT GROUP,LLC AND DANIA COVES 18, LLC, FOR PROPERTY LOCATED AT 5461 & 5471 SW 40' AVENUE IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;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, Ari Sklar,A.I.A., Sklarchiterture, agent on behalf of Casey 18 Development Group LLC and Dania Coves 18, LLC, (the "Applicant"), is requesting site plan approval for the construction of twenty four(24)townhomes, one (1) single family home and a public park,which includes a public access easement in the City of Dania Beach,Florida,as legally described in Exhibit "A"• and WHEREAS, pursuant to Planned Residential Development District (PRD-1), Section 105.220(G)"Flexibility to reduce yard requirements"of the LDC,the City Commission may reduce the minimum yard requirements during site plan review if the size,width, depth, configuration, or location of a lot makes it impractical to provide the required setback; and WHEREAS,the Applicant has requested a reduction to the corner side yard setback of the single-family home from twenty-five (25) feet to twenty (20) feet as a result of a right-of-way dedication located along SW 40"'Avenue; 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 applicant addressed staff comments; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with law; and WHEREAS,the City Commission finds that the approval of the proposed Site Plan(SP-023- 14) 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. That the foregoing"WHEREAS"clauses are ratified and confirmed as being true and correct,and they are made a part of and incorporated into this Resolution by this reference. Section 2. Pursuant to Chapter 28 "Land Development Regulations," Part 6 "Development Review Procedures and Requirements,"Article 635"Site Plans,"the following Site Plan (SP-023-14), attached as Exhibit "B," which is made a part of and incorporated into this Resolution by this reference, is approved. Section 3. The approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. The Applicant shall continue working with the Landscape Consultant on a tree mitigation plan. The final tree mitigation plan must be submitted and approved prior to issuance of a building permit. 2. The Applicant shall provide signage details for all proposed signs.All signage shall comply with the requirements of Code Section 505.70 — Signage Regulations for townhouse and multi-family dwellings, and community facilities. 3. This application must be reviewed by Broward County Aviation's Department ("BCAD") and Federal Aviation Administration("FAA"), as applicable. 4. The applicant shall work with the City Attorney to enter into a maintenance agreement with the City for the proposed public park. This document shall be recorded in Broward County public records prior to building permits. 5. Additional landscaping shall be added to the north side of the property. Section 4. Failure to adhere to the terms and conditions of approval above shall be considered a violation of the City Code and persons found violating the conditions shall be subject to the penalties prescribed by the City Code, including but not limited to, the revocation of the approvals granted by this Resolution. The Applicant understands and acknowledges that it must comply with all other applicable requirements of the City before it may commence construction or 2 RESOLUTION#2015-096 operation, and this Resolution may be revoked by the City Commission at any time upon a determination that Applicant is not in compliance with the City Code. 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-023-14)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 September 8, 2015. ATTEST: p's Fr�Tc��y LOUISE STILSON, CMC , A. SALVING, SR. CITY CLERK OR APPROVED AS TV F RM AND CORRECTNESS: t r THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2015-096 EXHIBIT A LEGAL DESCRIPTION PARCEL "A" A parcel described as the South 99.00 feet of the North 431.03 feet of the West 184.50 feet of the East 219.50 feet of TRACT 9, "NEWMANS SURVEY" OF SECTION 36, and TOWNSHIP 50 SOUTH,RANGE 41 EAST,as recorded in Plat Book 2,Page 26,of the Public Records of Miami- Dade County, Florida. LESS the South 4.00 feet of the East 103.72 thereof. PARCEL`B" A Portion of Tract 9,Section 36,Township 50 South,Range 41 East.Broward County,Florida,and more particularly described as follows: The South 117.52 feet of the North 544.55 feet of the West 322.55 feet of the East 357.55 feet of TRACT 9, "NEWMANS SURVEY" OF SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST,as recorded in Plat Book 2,Page 26,of the Public Records of Miami-Dade County,Florida; LESS AND EXCEPT THE FOLLOWING: Commence at the most Northeasterly corner of the South 117.52 feet of the North 544.55 feet of the West 322.55 feet of the East 357.55 feet of TRACT 9,"NEWMANS SURVEY"OF SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, as recorded in Plat Book 2, Page 26, of the Public Records of Miami-Dade County, Florida; Thence South 03°03'39" East, a distance of 4.00 feet; Thence South 87°49'48"West,a distance of 80.78 feet;Thence North 03°03'39"West,a distance of 4.00 feet; Thence North 87°49'48"East, a distance of 80.78 feet to the Point of Beginning. PARCEL C The South 212.52 feet of the North 544.55 feet of the West 293.05 feet ofthe East 512.55 of TRACT 9, "NEWMANS SURVEY" OF SECTION 36, TOWNSHIP 50 SOUTH RANGE 41 EAST, according to the Plat thereof,as recorded in Plat Book 2,Page 26,of the Public Records of Miami- Dade County, Florida. LESS the South 117.52 feet of the East 138.05 thereof. Said lands situate, lying and being in Broward County, Florida. 4 RESOLUTION#2015-096 EXHIBIT"B" AMMa 7 ilNtiE FALL ��- �Smt•NCf � ILUI B1 B R,DING -.ffi' w 777771 mu 77 f AT 5 RESOLUTION#2015-096