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HomeMy WebLinkAboutR-2016-005 Approves the site plan (SP-80-15) & variances (VA- 83-15 & VA-84-15) submitted by Corporate Property Services on behalf of Griffin Road Three at 2071 Griffin Rd. RESOLUTION NO. 2016-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-80-15) AND VARIANCES (VA-83-15 AND VA-84-15) SUBMITTED BY CORPORATE PROPERTY SERVICES, INC., ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD THREE,LLC,FOR PROPERTY LOCATED AT 2071 GRIFFIN ROAD 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, Corporate Property Services, Inc., the applicant, on behalf of the property owner,Griffin Road Three,LLC,is requesting site plan approval to allow the construction of a new fast food restaurant to be located at 2071 Griffin Road 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 have been satisfied; and WHEREAS,the applicant has requested to provide a free standing fast food restaurant;the LDC requires fast food services to be part of a building at least fifty thousand(50,000)square feet in size,per LDC Section 115-50, condition number 63; and WHEREAS,the applicant has requested to provide a drive-through,which the LDC does not allow,per LDC Section 115-50, condition number 63; 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-80-15) and variance (VA-83-15 and VA-84-15) applications are approved consistent with the site plan provided on record with the following conditions (referenced to section of the LDC): 1. The proximity to the airport will require FAA review. P time requested 2. Sheet L-1 "Parking Analysis" table identifies 30 parking spaces to be provided by adjacent development. Per Section 265-80, entitled Off-Site Parking Facilities: • C—"a written agreement shall be executed by the parties concerned,approved as to form by the City Attorney and files with the application for a building permit along with proof of proper recordation in Broward County Public Records". See additional regulations in LDC. P time requested. 3. Sheet L-1 "Parking Analysis" identified 42 spaces required, but does not reflect the outdoor seating, which results in 43 spaces required. Additionally, the number of parking spaces identified as provided on site differ from tables provided on Sheet C-0 and C-1. Revise accordingly. 4. Dumpster not provided on site. Per Section 290-70(E),provide restrictive covenant providing for perpetual joint use and maintenance of enclosure. Must be recorded in Broward County Public Records prior to issuance of building permit. P time requested. 5. Provide fire flow calculations, which must bear the seal of the engineer of record(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-80-15) and variances (VA-83-15 and VA-84-15) 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#2016-005 Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 12, 2016. ATTEST: LOUISE STILSON, CMC RC A. SALVINO, SR. CITY CLERK MAYOR APPROVED AS FORM AND CO wt�c SS: THOMXS J. SB O CITY ATTORNEY 3 RESOLUTION#2016-005