HomeMy WebLinkAboutR-2015-136 Approving Site Plan (SP-89-15) & design variations (OT-92-15/OT-93-15/OT-94-15) submitted by Florida Park Residence, LLC for co-trustees of Lawrence O. Turner Jr. Trust & Mary Turner Roach RESOLUTION NO. 2015-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-89-15) AND DESIGN
VARIATIONS (OT-92-15/OT-93-15/OT-94-15) SUBMITTED BY FLORIDA
PARK RESIDENCE LLC,ON BEHALF OF LAWRENCE O.TURNER,JR.AND
ROBERTA BACKUS TURNER, CO-TRUSTEES OF THE LAWRENCE O.
TURNER JR.REVOCABLE INTERVIVOS TRUST AGREEMENT AND MARY
ANN TURNER ROACH,FOR PROPERTY LOCATED ON THE SOUTH SIDE OF
EAST DANIA BEACH BOULEVARD, EAST OF SE 5 AVENUE IN THE CITY
OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Code of Ordinances,Chapter 28,entitled"Land Development Code"
(the"LDC"),of Part 6,,entitled"Development Review Procedures and Requirements",Article 635,
entitled "Site Plans", states that site plan approval is required as a condition to the issuance of a
building permit; and
WHEREAS, Florida Park Residences, LLC, on behalf of Lawrence O. Turner, Jr. and
Roberta Backus Turner, Co-Trustees of the Lawrence O. Turner Jr. Revocable Intervivos Trust
Agreement and Mary Ann Turner Roach,is requesting site plan approval to allow the construction of
a new 14-story(293 unit),multifamily building to be located on the south side of East Dania Beach
Boulevard, east of SE 5 Avenue in the City of Dania Beach; and
WHEREAS, Part 3 of the LDC, entitled "Design District Overlay", Article 301, entitled
"Legal and Administrative Provisions",Section 301-50,entitled"Variations in design;procedure for
review of design variations",states that the City may waive design-based requirements as part of a
site plan application; and
WHEREAS,the Applicant has requested to provide no sloping stepback from East Dania
Beach Boulevard (north property line) where Section 303-70(P) and Figure 303-21 of the LDC
requires a 1:2 sloping stepback; and
WHEREAS, the Applicant has requested to provide a six (6) foot side (west) building
setback where Section 303-70(K) of the LDC requires a ten foot(10') setback; and
WHEREAS, the Applicant has requested to provide an eleven foot (I I') buffer abutting
trafficways where Section 275-130(B) of the LDC requires fifteen feet(15'); and
WHEREAS, the Applicant has requested to provide a zero foot (0') landscape buffer
abutting a local right-of-way where Section 275-130(C) of the LDC requires ten(10)feet; and
WHEREAS,pursuant to Section 301-50(c)(1)of the LDC,the above referenced variations
shall be considered as part of the proposed Site Plan(SP-89-15); 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-89-
15) will protect the public health, safety, and welfare of the residents of the City, and furthers the
purpose, goals, objectives and policies of the 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. That the Site Plan(SP-89-15)and design variations(OT-92-15/OT-93-15/OT-
94-15)are approved consistent with the site plan provided on record with the following conditions
which must be complied with or resolved prior to issuance of a building permit unless a different
deadline is provided in the condition(references to Sections are to those in the LDC):
1. Recreation and Open Space Impact Fee is $1,364 per multi-family dwelling. The project
proposes 293 dwelling units X $1,364 = $399,652.00, which is due prior to the issuance of a
building permit.
2. RAC Transportation Impact Fee is$21.26 per PM peak hour trip. Per traffic analysis performed
by McMahon dated September 2015 the PM peak hour trips are 145(145 X$21.26=$3,082.70).
Therefore $3,082.70 is due prior to the issuance of a building permit.
3. Public Parking Incentive: the applicant is proposing an additional 3-stories via payment in lieu
for 30 public parking spaces. Per Section 305-60,each space is$6,500.00 X 30 parking spaces=
$195,000.00. This payment is required prior to issuance of a building permit.
4. SIGNS. On Sheet A-702, in the cumulative sign area table, change "Required"to "Allowed".
5. Valet: Per Section 265-120:
• Agreement must be recorded in Broward County Public Records prior to issuance of a
building permit.
• Valet operator must obtain a Business Tax Receipt(BTR)prior to obtaining a Certificate of
Occupancy.
6. Incentives/Use of Sustainable Building Design:
• Per Section 305-50(F)
o 5 —Provide original signed and notarized, and revised, affidavit.
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7. Incentives/Use of Sustainable Building Design. Per Section 305-50(H) participants in the
voluntary green building program, at the time of building permit application, shall post a
performance bond, letter of credit or other form of surety approved by the City Attorney in an
amount as described in subsections of this regulation(PLANNING).
Section 3. 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 4. Pursuant to Section 635.100 "Expiration of Site Plans" of the Land
Development Code,the Site Plan(SP-89-15)and design variation(OT-92-15/OT-93-15/OT-93-15),
approvals 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 5. 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 6. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 7. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on November 10, 2015.
ATTEST:
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LOUISE STILSON, CMC CO A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED A F AND CORRECTNESS:
THOMAS J. BRO
CITY ATTORNEY
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