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HomeMy WebLinkAboutR-2015-112- Approved the Site Plan and Variance for Property located at 441 NE 2 Street RESOLUTION NO. 2015-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN(SP-64-15)AND VARIANCE (VA-79-15) SUBMITTED BY ARCHBISHOP THOMAS G. WENSKI, ARCHDIOCESE OF MIAMI 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,Archbishop Thomas G.Wenski,Archdiocese of Miami,is requesting site plan approval to allow the installation of three(3)modular classrooms to be located at 441 NE 2nd 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 are satisfied; and WHEREAS,the Applicant has requested to provide no upgrades to the existing vehicle use area on the property;the LDC requires properties with a structural addition of more than 500 square feet to bring the entire vehicle use area to meet current landscape requirements; and WHEREAS, the City Commission conducted a duly noticed public bearing 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-64-15) and variance (VA-79-15) application are approved consistent with the site plan provided on record with the following conditions(references to sections below refer to the LDC): 1. TRAFFIC STUDY: per Section 605-30(K), a traffic study is required for all development generating in excess of 25 peak hour trips. 2. RAC Traffic Impact Mitigation Fee—Based on the Traffic Study provided by Charles O. Buckalew dated 9/10/15, 53 PM Peak hour trips will be generated, therefore $1,126.78 ($21.26 X 53 trips = 1,126.78) is due prior to issuance of a building permit(Planning). 3. Provide traffic engineer statement regarding estimated number of peak trips. See below Voluntary Mobility Program. 2nd time requested(Planning). 4. Removal of any trees requires submittal and prior approval of a tree removal (Planning). 5. Provide a Knox pad lock for locked gate on NE 5 Ave to provide fire department access. Note: closest fire hydrants are on NE 5 Ave. Contact the Dania Beach Fire Marshal's Office at 954-342-4262 for an application(BSO Fire). Section 2. That such application must be reviewed by the 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-64-15)and variance(VA-79-15)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 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. 2 RESOLUTION#2015-112 Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on September 21, 2015. ATTEST: �pavIs Fr�Tc��f c LOUISE STILSON, CM SALVINO, SR. CITY CLERK M R gyp, APPROVED AS TOTAA� AND CORRECTNESS: rf r-� THOMAS_ . AN O CITY ATTO Y 3 RESOLUTION#2015-112