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Home My WebLink AboutR-2017-125 Approves DR-95-17 Application Submitted by Joseph Denis on Behalf of Dania Live 1748 for Property Generally Located on N Side of Stirling Rd. between Bryan Rd. & I-95 RESOLUTION NO. 2017-125 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PLAT NOTE AMENDMENT DELEGATION REQUEST(DR-95-17)APPLICATION SUBMITTED BY JOSEPH DENIS ON BEHALF OF DANIA LIVE 1748, LLC FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD BETWEEN BRYAN ROAD AND INTERSTATE 95 WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AND, FURTHER, APPROVING A REQUEST TO THE BROWARD COUNTY COMMISSION TO USE CERTAIN TRAFFIC IMPACT FEES PAID BY DANIA LIVE 1748, LLC TOWARD FUNDING OF CERTAIN ROAD IMPROVEMENTS AS SPECIFIED HEREIN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dania Live 1748, LLC ("Applicant"), is requesting approval of a plat note delegation request for the redevelopment of the property located on the north side of Stirling Road between Bryan Road and Interstate 95 within the City of Dania Beach, Florida, as such property is 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 640"Plats",Section 640-70"Amendment of plat"states that subsequent to City Commission approval of a plat,the plat may be amended by the City Commission; and WHEREAS, the Applicant is requesting approval of a plat note amendment delegation request in order to amend the Dania Pointe Plat, recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida to amend the note as described in Exhibit "B" ("Plat Note Amendment")and to allow for the future continued development of a desirable mix of commercial, office, bank, high rise residential, and hotel room uses (the "Proposed Uses"); and WHEREAS,Broward County requires the City of Dania Beach(the"City")concur with the proposed revision prior to review by the Broward County Commission; 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 Plat Note Amendment Delegation Request (DR-95-17) will protect the health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives and policies of the Comprehensive Plan; and WHEREAS,in connection with the Proposed Uses,the Applicant is paying certain traffic concurrency fees to Broward County("Traffic Concurrency Fees"); and WHEREAS,the Florida Department of Transportation("FDOT")has developed a concept plan to implement certain improvements at the intersection of Griffin Road and Old Griffin Road as depicted on the FDOT Concept Plan attached hereto as Exhibit"C"("Road Improvement Project' and WHEREAS, the Road Improvement Project includes restriping, milling and resurfacing, pavement widening, signalization, and sidewalk work. The north side of the intersection will be converted into a"modified T-intersection."The two-way drive on Old Griffin Road under the Griffin Road underpass will be restriped into two westbound one-way lanes; and WHEREAS,the Proposed Uses and the Road Improvement Project both are located within the"Southeast" Broward County Traffic Concurrency District; and WHEREAS,the City Commission desires and supports that Broward County should take action to apply the Traffic Concurrency Fees toward funding the Road Improvement Project. 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 specific part of this Resolution. Section 2. That pursuant to Chapter 28, "Land Development Code," Part 6 "Development Review Procedures and Requirements," Section 640-70 "Amendment of plat",the Plat Note Amendment Delegation Request(DR-95-17), as described in Exhibit`B"is approved. Section 3. 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 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 2 RESOLUTION#2017-125 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 the City of Dania Beach hereby respectfully requests that Broward County take action to apply any monies received as Traffic Concurrency Fees toward funding the Road Improvement Project. 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 October 10, 2017. ATTEST` �s Fr�rcr� LOUISE STILSON, CMC , TA RA JA S CITY CLERK MAYOR A APPROVED JSTOkRM AND CORRECTNESS: THO AS J AN BRO CITY ATT RNI 3 RESOLUTION#2017-125 EXHIBIT A LEGAL DESCRIPTION Dania Pointe Plat according to the plat thereof, as recorded in Plat Book 183, Page 91 of the Broward County Records of Broward County, Florida. 4 RESOLUTION#2017-125 EXHIBIT B PLAT NOTE AMENDMENT Dania Pointe Plat(183/91) From This plat is restricted to 893,000 square feet of commercial use; 506,000 square feet of office use; 7,000 square feet of bank,a service station with 12 fuel positions; 300 hotel rooms;and 1,000 high rise units. Banks and/or commercial/retail uses are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. In addition,freestanding or drive-thru bank facilities are not permitted within the proposed commercial uses without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. In cases where a building floor may have both commercial and office uses,the entire floor will be assessed as commercial use. To This plat is restricted to 937,260 square feet of commercial use; 506,000 square feet of office use; 7,000 square feet of bank; 350 hotel rooms; and 1,000 high rise units. Banks and/or commercial/retail uses are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. In addition, freestanding or drive-thru bank facilities are not permitted within the proposed commercial uses without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. In cases where a building floor may have both commercial and office uses, the entire floor will be assessed as commercial use. 5 RESOLUTION#2017-125 EXHIBIT C ROAD IMPROVEMENT PROJECT r y yhh IWO a 'r tv .t: x b C *aii �b 111�l RESOLUTION#2017-125