HomeMy WebLinkAboutR-2015-095 - Approved Site Plan (SP-43-15) & Variance (VA-68-15) for Property at 441 NE 2 Street RESOLUTION NO. 2015-095
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING THE SITE PLAN(SP-43-15)AND VARIANCE
(VA-68-15) SUBMITTED BY BONNIE MISKEL, ESQUIRE WITH DUNAY,
MISKEL AND BACKMAN, LLP, ON BEHALF OF THE ARCHDIOCESE OF
MIAMI CHURCH OF RESURRECTION, C/O SUZAN DOCKERY, ESQUIRE
FOR PROPERTY LOCATED AT 441 NE 2ND STREET IN THE CITY OF DANIA
BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,Chapter 28,Part 6 of the Dania Beach Land Development Code(the"LDC"),
Article 635, entitled "Development Review Procedures and Requirements", states that site plan
approval is required as a condition to the issuance of a building permit; and
WHEREAS, Bonnie Miskel, Esq. with Dunay, Miskel and Backman, LLP, on behalf of
Archdiocese of Miami Church of Resurrection C/O Suzan Dockery, Esq., is requesting site plan
approval to allow the construction of a new 3,900 square foot marina office to be located at 441 NE
2°a Street in the City of Dania Beach; and
WHEREAS,Chapter 28,Part 6 of the Dania Beach LDC,Article 625,entitled"Variances",
Section 625-40 states that the City Commission may grant a variance based on its determination that
the petitioner has demonstrated that the criteria identified in the LDC has been satisfied; and
WHEREAS, the Applicant has requested to provide a zero (0) foot separation between a
driveway and intersection of a local street,which the LDC requires a forty-five foot(45')separation,
per LDC Section 265-160; and
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance
with Article 610 of the LDC;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the Site Plan (SP-43-15) and variance (VA-68-15) application are
approved consistent with the site plan provided on record with the following conditions:
1. The applicant must provide access to the property during construction via NE 4
Court or through the church property(Planning).
2. Applicant must deed restriction limiting uses to boat detailing,minor boat repair,
the receiving of boat supplies, food or other types of provisions uses to stock a
boat(Planning).
3. Applicant to provide enhanced detail of eastern landscape buffer, showing
material, dimensions, berm height and width(Planning).
4. RAC TRAFFIC IMPACT MITIGTION: Based on Traffic Impact Statement
provided by Cathy Sweetapple, 13 PM peak house trips will be generated;
therefore$276.38 mitigation fee is required at the time of permitting(Planning).
5. SIGNS: Signs must meet requirements of Part 5 of the City's Land Development
Code(Planning).
6. COST RECOVERY: per Article 685, cost recovery funds may be utilized for
various costs of the city's administrative and outside fee consultants for the
processing and review of applications. Please provide Five Thousand Dollars
($5,000.00)cost recovery fee for outside legal counsel with next submittal. The
cost recovery money can be returned if not utilized, or additional fees may be
requested if additional fees are incurred(Planning).
7. Clarify lot area calculation. Sheet SP-1 shows property area = 228,584 s.f. or
5.247 acres. Application shows 4.557 acres. Revise plans accordingly. 2nd time
requested (Planning).
8. Table on Sheet SP-1 shows 479'/20' side setback. The measurements shown on
drawing are 459'/3l/. Revise accordingly(Planning).
9. Provide revised lighting plans showing light levels at property line at access point
on NE 5 Avenue (Planning).
10. Reconcile storm water calculations with survey information. Total project area
does not match(Engineering).
11. Provide copy of the percolation results as used in your storm water calculations;
reconcile pre and post-development areas; marina occupied by water under
proposed development should be included(Engineering).
12. Show section of proposed retention areas. Perimeter grade shall meet the 25-year
storm event flood stage (Engineering).
13. May need to revisit proposed sewer system once pump out system is resolved.
Building can connect directly by gravity to existing gravity system but not the
pump-out which require a force main system; this may require installation of a
drop manhole to connect to the gravity system(Engineering).
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14. Per Dania Beach Code of Ordinances (Article 415 — Sidewalks and Swales),
owner is responsible for sidewalks and swale improvements within the road
right-of-way. Please show extent of offsite improvements in sufficient detail
including but not limited to paving,grading and drainage along NE 5 Avenue. It
seems that the proposed alignment is along edge of pavement; this requires
curbing for safety reasons (Engineering).
15. Provide section and details of at-grade driveways and at-grade parking areas
(Engineering).
16. In compliance with Article 805 of the City Code of Ordinances, applicant shall
provide a projection water demand, and sewage and solid waste generation in
tabular format(Engineering).
17. Further comments may be offered based on future plan revisions(Engineering).
18. Provide drawing file(dwg or dgn)disk of the approved site plan in Florida State
Plane Coordinate (NAD 83). This should be addressed as part of the final
submittal (Engineering).
19. Per Section 825-50, trees No 41, 44, 54 & 60 are considered specimen trees:
"Specimen tree: ... any palm tree which has a minimum of 6 feet of clear wood
and a DBH of 15 inches or greater." For these trees, please provide the dollar
value calculated in accordance with section 825-140 of Dania Beach code
(Landscape Consultant).
20. Trees No,41,44,54,and 60 are specimen palm trees in good condition proposed
for removal. Specimen trees are subject to the preservation and relocation
criteria. Applicant is responsible to provide justification of why retention or
relocation is not feasible. If it is determined by the City that relocation is not
feasible, then payment shall be made into the tree trust fund. If relocation is
proposed,relocation notes shall be included in sheet L-3(Landscape Consultant).
21. Per Section 275-100(D),terminal landscape peninsulas shall be 10' wide and as
long as the required length of the parking stall in that isle (exclusive of curb
dimensions); each peninsula shall have a minimum of 2 category 1 trees.
Buttonwood and sable palms are depicted for 2 terminal islands SE and NW
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corners of the marina office. These species are not category 1 trees (Landscape
Consultant).
22. Per Section 275-110(D), when any property zoned or used for commercial
purposes directly abuts a residentially zoned or used property,a landscape area at
least 10"in depth shall be provided,containing a 6'masonry wall, l tree per ever
40 linear feet of residential property, and 1 shrub per every 3' of residential
property(Landscape Consultant).
23. A fire hydrant is depicted in one of the intermediate peninsulas, please ensure
that no vegetation is planted within 36"of the hydrant or any other connections,
and note it on page L-1(Landscape Consultant).
24. Tree Removal Mitigation Table, Sheet L-4, indicated a total canopy loss of
23,040 s.f., mitigation of 9,900 s.f. and tree trust fund contribution for the
remaining 13,143 s.f.Be advised that per Section 825-100(5),an additional 50%
tree replacement shall be required for trees removed on all now or amended
development,which will increase the mitigation requirement to 34,560 s.f.Please
make the necessary corrections in addition, mitigation for any trees that are in
conflict with the sidewalk along NE 5 Avenue will have to be included in the
mitigation calculations (Landscape Consultant).
25. A pavement marking plan demonstrating fire lane locations and striping detail,
"No Parking" details demonstrated — Note: provide fire lane striping at the
hammerhead turnaround(BSO Fire).
26. A set of civil plans indicating the following:
• Dimensions of the 3 nearest adjacent hydrants to the project site — notes:
provide closest hydrant location on NE 5 Ave and on NE 2 St.
• Proposed fire department connection locations — note: plan shows that
proposed FDC is connected to the 8" water main. The FDC should not be
connected to water main.
• Provide locations of post indicating valves and back flow preventer on the
plan.
• Provide dock fire protection (fire department hose valve and hose
cabinet).(BSO Fire)
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27. A detail sheet accompanying the Civil Plans with the following details:
• Roadway Pavement Marker(RPM)Detail for Fire Hydrant Locations(Blue
Reflective Markers)
• Post Indicating Valve Detail (where applicable).
• Underground Gate Valve Detail (where applicable)
• Backflow Preventor/Double Detector Check Valve (DDCV) Detail (where
applicable)
• Signage Detail for the Fire Department Connections (BSO Fire).
28. Fire Hydrant Flow Test(BSO Fire).
29. Fire Flow Demand Calculations signed and sealed by licensed engineer. The
calculations provided are for the marina office building only. Provide calculation
which includes the marina office building and largest vessel at dock(BSO Fire).
30. A completed application for approval of the fire protection water supply design
(BSO Fire).
31. Statement of verification from the design professional of record, on official
company letterhead, that the proposed water main sizing, fire hydrant spacing,
and fire hydrant locations, are in compliance with Broward County Land Use
Code and the Florida Fire Prevention Code (BSO Fire).
33. Provide a note on the plan that a Knox Key entry system will be provided
allowing access to the entrance gate and piers (BSO Fire).
Section 2. That such application must be reviewed by Broward County Aviation
Department. The point of contact is William Castillo,Airport Planner located at 220 S.W.45 Street,
Suite 101, Dania Beach, Florida, 33312, (954) 359-6100.
Section 3. Pursuant to Section 635.100 "Expiration of Site Plans" of the Land
Development Code,the Site Plan(SP-43-15)and variance(VA-68-15)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 4. That the 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
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fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal
agency, or undertakes actions that result in a violation of state or federal law.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6. 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�rs F1r��ry
LOUISE STILSON, CMC SALVINO, SR.
CITY CLERK OR
APPROVED AS T O AND CORRECTNESS:
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THOMAS JAN BkO
CITY ATTORNEY
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