HomeMy WebLinkAboutR-2016-118 Approves the Site Plan (SP-61-00MOD) and Approves a Special Exception (SE-72-16) Submitted by Michael Lally, on Behalf of Property Owner Dania Beach Marina Corp., for 90 N. Bryan Rd. RESOLUTION NO. 2016-118
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-6I-OOMOD) AND
APPROVING A SPECIAL EXCEPTION (5E-72-16) SUBMITTED BY
MICHAEL LALLY, ON BEHALF OF THE PROPERTY OWNER DANIA
BEACH MARINA CORPORATION, FOR PROPERTY LOCATED AT 90
NORTH BRYAN ROAD; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Michael M Lally, on behalf of Dania Beach Marina Corp. (the
"Applicant"), is requesting site plan approval, and approval of a special exception use for a Tiki
Bar and Grille for a further development enhancement of Dania Beach Marina/Dania Beach
Offshore, located at 90 N. Bryan Road in the City of Dania Beach, Florida (the "City"), as
legally described in Exhibit"A"; and
WHEREAS, the City Code of Ordinances, Chapter 28 "Land Development Code" (the
"LDC"), 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, Article 630 of the LDC entitled "Special Exception Uses" states that the
City Commission may grant a special exception based on its determination that the petitioner has
demonstrated that the necessary criteria in the LDC have been satisfied; and
WHEREAS, the Applicant is requesting special exception approval to permit a Tiki Bar
and Restaurant in a commercial zoning district; and
WHEREAS, staff recommended approval of the proposed Site Plan (SP-6I-OOMOD),
and Special Exception(5E-72-16)in its report dated September 13 2016; and
WHEREAS, public notice was provided in accordance with law; and
WHEREAS, the City Commission finds that the approval of the Site Plan (SP-61-
OOMOD), and Special Exception (5E-72-16) will protect the 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. Recitals. That the foregoing "WHEREAS" clauses are ratified and
confirmed as being true and correct and they are made a specific part of this Resolution.
Section 2. Approval of Site Plan (SP-6I-OOMOD). That pursuant to Chapter 28
"Land Development Code," Part 6 "Development Review Procedures and Requirements,"
Article 635 "Site Plans,"the following Site Plan(SP-6I-OOMOD) is approved.
Section 3. Approval of Special Exception (SE-72-16). That pursuant to Chapter 28
"Land Development Code," Part 6 "Development Review Procedures and Requirements,"
Article 630 "Special Exception Uses," the application for Special Exception Use (SE-72-16) is
approved.
Section 4. Conditions. That the approvals granted by this Resolution are subject to
the Applicant's compliance with the following conditions:
1. There are multiple existing trees in the vicinity of the proposed bathroom. Please show all
existing trees in the vicinity of the proposed bathroom, depict symbols in a legend, and
provide a table listing the information per Sec 275-80(C) (LANDSCAPING).
2. It appears that one tree is proposed to be relocated in association with the new proposed
bathroom. Please clearly indicate/label all proposed tree removals/relocations on the
plans (LANDSCAPING).
3. Please provide the square footage of the proposed new bathroom(LANDSCAPING).
4. Please note that a Tree Removal/relocation Permit Application will be required for any
trees to be removed/relocated on site (LANDSCAPING).
5. Please provide a PDF plan set to Daniel Parobok at daniel.parobokkmetriceng com
(LANDSCAPING).
6. Fire Hydrant Flow Test(BSO FIRE).
7. Traffic statement should come from a Florida Registered professional engineer based on
latest ITE traffic generation rates (ENGINEERING).
8. Since additional impervious pavement is being proposed, please provide updated
stormwater management calculations based on SFWMD Permit Volume IV for the entire
site. Not Addressed(ENGINEERING).
9. Please provide location and dimension of a grease interceptor system prior to discharge
into the City's sewer system.Not Addressed (ENGINEERING).
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10. Provide a new tabulation of water consumption for the entire site. Existing packaged
sewer system may not suffice to handle existing and additional volume
(ENGINEERING).
11. In compliance with Article 805 of the City Code of Ordinances, applicant shall provide a
projection of water demand, and sewage and solid waste generation in tabular format
(ENGINEERING).
12. 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).
13. APPLICATION: Confirm application was properly completed, signed, and proper
application fee was paid. Per Section 635-50 must provide the following items:
(S) Location, character, size, height and orientation of proposed signs, including building
signage details shown on plan elevations and method of illumination; 2nd time requested.
(Y)(1) Total gross and net acreage; (2nd time requested)
(3) Total existing and proposed square footage of building and breakdowns by floor, use
type, bay and tenant space, and dwelling units, including required and provided minimum
floor areas;
(4)Area devoted to vehicular use areas (roadways, aisles, parking);
(6) Lot coverage by roofed structures;
(7) Pervious and impervious surface area, also expressed as a percentage of the site area;
(8) Number of required and provided parking spaces including handicapped accessible,
and any spaced devoted to attendant parking, if provided;
(9) Minimum lot area, width and depth required and provided;
(10) Minimum yard setbacks or specific build-to lines required and provided;
(11) Maximum and minimum (if applicable) required and proposed building height;
(12) Minimum floor area required.
14. PLATTING: Must provide copy of recorded modified plat prior to issuance of a building
permit(PLANNING).
15. SIGNS: Provide copy of all signs for compliance review, see number 2 above. 2nd time
requested(PLANNING).
16. PARKING:
• Per Section 635-50(Y)(8) identify the number of required and provided parking spaces
on site plan. 2nd time requested(PLANNING).
• Per Section 265-50(21) "Boat or marine vehicle storage" requires 1 parking space per 10
marine storage spaces. Identify number of marine storage spaces on site plan so staff can
confirm compliance. 2nd time requested (PLANNING).
• Per Section 265-50(52) "Restaurants, full service; night clubs; bars; and other eating
places" require 1 parking space per 40 square feet of Customer Service Area including
open-air seating. Identify square footage of Customer Service Area on site plan so staff
can confirm compliance. 2nd time requested (PLANNING).
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17. USE: Per Section 110-20 "Restaurants and bars" are a Special Exception use in C-3
zoning. The applicant has submitted an application for a Special Exception which will be
processed concurrently for City Commission public hearing (PLANNING).
18. Provide minimum bicycle parking requirements identified in Section 265-51. Identify
calculation and location on site plan. 2nd time requested(PLANNING).
19. RAC TRAFFIC IMPACT MITIGATION: Provide an analysis, signed and sealed by a
certified engineer, identifying the amount of RAC mitigation for traffic impact due based
on Resolution No. 2014-049 which established a rate of$21.26 per p.m. peak hour trip.
2nd time requested(PLANNING).
20. Must provide latest revised set of plans on disk prior to going to public hearing
(PLANNING).
21. The applicant is encouraged to contact neighbors adjacent to, as well as condominiums
and neighborhood associations located within 300 feet of the development site, to advise
of this property. Please provide acknowledgement and documentation of any public
outreach (PLANNING).
22. Sheet SP-1,NW Corner identify edge of pavement(PLANNING).
23. Per Section 290-50(F) "All receptacles and bulk containers which temporarily store
garbage, liquid waste, food from food handling operations including, but not limited to,
bakeries, meat processing plants, or any business establishment where it is determined
that garbage, liquid waste, or food will be accumulated, shall provide a raised concrete
slab, a drain, and clean water facilities for such receptacles and containers and shall be
constructed in accordance with the provisions of the Florida Building Code." Provide
detail on plans (PLANNING).
24. Per Section 290-50(B) dumpster must provide a maze-style pedestrian access. Revise
site plan accordingly(PLANNING).
25. Per Section 290-80 the perimeter of all dumpster enclosure shall be landscaped pursuant
to Section 275-170. Revise site plan accordingly (PLANNING).
26. On Sheet SP-1 changed proposed zoning to C-3 in Site Date table (PLANNING).
27. Provide not on plan indicating no amplified sound will be used, as residential homes are
located to the east of this site(PLANNING).
28. Revise site plan to identify the parking spaces meet the LDC minimum of 8' X 18".
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Section 5. Violation of Conditions. That 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 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 6. Site Plan Expiration. That pursuant to Section 635.100 "Expiration of
Site Plans" of the Land Development Code, the Site Plan (SP-6I-OOMOD) 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. Expiration of Special Exception. That pursuant to Section 630-70
"Expiration of Special Exceptions" of the Land Development Code, the Special Exception (SE-
72-16) 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 8. 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 undertake actions that result in a violation of state or federal law.
Section 9. Conflicts. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
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Section 10. Effective Date. That this Resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on September 27, 2016.
ATTEST: ptVs F1c�
LOUISE STILSON, CMC A. VINO, SR.
CITY CLERK ,(} AYOR
''TNORATE9 1
APPROVED AS TqTPRM AND CORRECTNESS:
!/I (�,/ / , f\
THOMA J. A BRO
CITY ATTO EY
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EXHIBIT "A"
LEGAL DESCRIPTION
PROPERTY CONVEYED TO DANIA BEACH MARINA CORP
All of Parcel A, BRYAN ROAD WAREHOUSES, according to the
plat thereof, as recorded in Plat Book 170, Page 112 of the Public
Records of Broward County, Florida; Together with a 40 foot strip of
land lying adjacent to and contiguous with the easterly boundary of
said Parcel A.
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