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Home My WebLink AboutR-2020-105 City Approving the Site Plan & Special Exception (SP-042-20/SE-048-20) for the Construction of a 14,000 Sq Ft Specialty School & Variances (VA-043-20/VA-044-20/VA-045-20/VA-046-20/VA-047-2 RESOLUTION NO. 2020-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN AND SPECIAL EXCEPTION (SP-042-20/SE-048-20) FOR THE CONSTRUCTION OF A 14,000 SQUARE FOOT SPECIALTY SCHOOL AND VARIANCES (VA-043-20/VA-044-20/VA- 045-20/VA-046-20/VA-047-20/VA-063-20)FOR PARKING SPACES,BUILDING PLACEMENT, LANDCAPING,DUMPSTER LOCATION,PERIMETER WALL, AND HEIGHT, SUBMITTED BY SALTZ MICHELSON ARCHITECTS ON BEHALF OF AMOPT, LLC, FOR THE PROPERTY LOCATED AT 922 S. FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND 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,AMOPT, LLC is requesting site plan approval to allow the construction of a new 14,000 square foot specialty school located at 922 S. Federal Highway, in the City of Dania Beach, as more particularly described on the attached Exhibit"A"; and WHEREAS, Part 6 of the LDC, entitled "Development Review Procedures and Requirements", Article 630, entitled "Special Exception Use", Section 630-40, entitled "Special Exception Use Procedures" states that special use exceptions may be approved by the City Commission at the time of site plan approval; and WHEREAS, Part 6 of the LDC, entitled "Development Review Procedures and Requirements", Article 625, entitled"Variances", Section 625-30, entitled"Variance Procedures" states that variances may be approved by the City Commission at the time of site plan approval;and WHEREAS,on June 17,2020,and again on July 13,2020,the City's Development Review Committee(the"DRC"),which includes representatives from the Broward Sheriff's Office,Broward Fire Department, Public Services Department, the City's landscape consultant and the Planning Division staff, reviewed the site plan for compliance with all applicable regulations; 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-042- 20) and special exception(SE-048-20) is consistent with the City's Comprehensive Plan Policy in that the use is permitted in the Regional Activity Center Land Use designation and; WHEREAS,the City Commission finds that the approval of the proposed site plan(SP-042- 20) and special exception (SE-048-20) is consistent with the City's LDC section 635-60 by demonstrating compliance with the applicable land development regulations; and WHEREAS,the City Commission finds that the approval of the Variances(VA-043-20NA- 044-20NA-045-20/VA-046-20NA-047-20NA-063-20) for parking spaces, building placement, landscaping,dumpster location,perimeter wall,and height,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 as a permitted use; and WHEREAS,the City Commission finds that the proposed variances(VA-043-20NA-044- 20NA-045-20/VA-046-20NA-047-20NA-063-20) for parking spaces, building placement, landscaping, dumpster location, perimeter wall, and height, are consistent with the City's LDC section 625-30; and WHEREAS,AMOPT,LLC has requested a variance(VA-043-20)for the elimination of on- street parking and associated landscaping along SW 2nd Street and SW 1 Od'Street where Section 306- 20 and CRA Street Code CE-3 requires the installation of same; and WHEREAS, AMPOT, LLC, has requested a variance (VA-044-20) to provide a 10' high perimeter wall where LDC Section 309-40 requires 4% and WHEREAS,AMPOT, LLC has requested a variance(VA-045-20)to provide 20 off street parking spaces where LDC code Section 265-50 requires 45; and WHEREAS. AMPOT, LLC has requested a variance (VA-046-20) to vary building placement between 13'-8"to 18'-1 where LDC Section 303-80 requires 8'-12; and WHEREAS. AMOPT, LLC, has requested a variance (VA-047-20) to provide Silver Buttonwood and FPL approved street trees along Old Dixie Highway where LDC Section 307-20(A) requires Sabal Palms; and WHEREAS,AMOPT,LLC,has requested a variance(VA-063-20)for the elimination of a garbage dumpster and related enclosure where LDC Section 290-20 requires a garbage dumpster and enclosure; 2 RESOLUTION#2020-105 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 the Site Plan(SP-042-20),Special Exception(SE-048-20)and variances (VA-043-20/VA-044-20/VA-045-20/VA-046-20/VA-047-20/VA-063-20)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. Provide requirement for a declaration of a Restrictive Covenant to be approved by the City Attorney's Office before it is record with Broward County Public Records. 2. Additional comments may apply and will need to be addressed prior to Building Permit approval. (Engineering) 3. The Site Plan approval shall be concurrent with Variances approval. (Engineering) 4. Potable water shall not be used for irrigation.Irrigation water meter shall be removed from plans. (Engineering) 5. Wheel stops,five and one-half(5 %2)inches high,shall be installed two(2)feet from the head (front) of a parking space. (Engineering) 6. Provide BC standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering(BCTED)and MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 7. All pavement markings shall be alkyd based thermoplastic and fully retro- reflectorized,per BCTED specifications with the exception of parking stall striping. (Engineering) 8. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional Engineer in the State of Florida(If applicable).(Engineering) 9. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND S WALES,Owner is responsible for the construction of sidewalks/swales within the road ROW when buildings are constructed or substantially improved. (Engineering) 10. Detail and complete engineering plans will be required prior to Building and R/W permit approval. (Engineering) 11. Provide utility piping conflict details plan,along with documentation to demonstrate acceptability of the separation between water,sanitary,storm-water service lines,etc. (Engineering) 12. Show also all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 13. Provide ADA parking,access/driveway,and sidewalks/ramps including dimensions in accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons"and latest edition of"Accessibility Requirements Manual'by 3 RESOLUTION#2020-105 Department of Community Affairs,Florida Board Building Codes and Standards,and in accordance with Americans with Disability Act(ADA). (Engineering) 14. 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) 15. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (Broward County Surface Water License, Broward County EPGMD Wastewater Permit,Florida Department of Environmental Protection,FDOT,BC Environmental, BC Aviation, BCTED etc.).Also,include Utility/Right of Way Permits from City, Broward County, and State Roads as applicable. (Engineering) Section 3. That the City's staff report SP-042-20 is ratified and confirmed as being true and correct and is made a specific part of the Resolution as the findings of fact. The applicant has stated that they will enter into a PILOT agreement. Section 4. Pursuant to Section 635.100 "Expiration of Site Plans" of the Land Development Code,the Site Plan(SP-042-20), Special Exception(SE-048-20)and variances(VA- 043-20/VA-044-20/VA-045-20/VA-046-20/VA-047-20/VA-063-20),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. 4 RESOLUTION#2020-105 PASSED AND ADOPTED on September 14, 2020. ATTEST: THOMAS SCHNEIDER, CMC LORI E LEN CITY CLERK e�� MAYOR get1SHE�1 APPROVED AS TO FO AND CORRECTNESS: THOMA . ANSBRO CITY ATTORNEY 5 RESOLUTION#2020-105 EXHIBIT"A" LEGAL DESCRIPTION A PORTION OF THE SOUTH 300 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3,TOWNSHIP 51 SOUTH,RANGE 42 EAST,LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF- WAY MAP SECTION 86515-2601 MISCELLANEOUS PLAT BOOK 6,PAGE 38,TOGETHER WITH TRACT"A"OF"TACO BELL AT DANIA",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 166, PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE SOUTH 00022'42" WEST ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT "A" 25.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW IOTH STREET, AS DEDICATED BY "NORTH HOLLYWOOD",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 4, PAGE 1, OF SAID PUBLIC RECORDS; THENCE SOUTH 89°30'09" WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE 441.19 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SW 2ND AVENUE AS DEDICATED BY DEED BOOK 679, PAGE 613, OF SAID PUBLIC RECORDS; THENCE NORTH 00°22'52" EAST ALONG SAID EAST RIGHT-OF-WAY LINE 120.39 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT- OF-WAY LINE OF WEST DIXIE HIGHWAY AS DEDICATED BY OFFICIAL RECORDS BOOK 2862,PAGE 753 AND OFFICIAL RECORDS BOOK 3315,PAGE 548,OF SAID PUBLIC RECORDS;THENCE NORTH 5090'42"EAST ALONG SAID SOUTHEASTERLY RIGHT-OF- WAY LINE 283.46 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL TO THE AFOREMENTIONED SOUTH LINE AND NORTH RIGHT-OF-WAY LINE;THENCE NORTH 89°30'09"EAST ALONG SAID PARALLEL LINE 387.66 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1) (STATE ROAD NO. 5), AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 86010-2510, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID TRACT "A"; THENCE SOUTH 00022'38" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, SAID NORTHERLY EXTENSION, AND SAID EAST LINE 245.50 FEET TO THE EASTERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 44°56'26" WEST ALONG THE SOUTHEAST LINE OF SAID TRACT "A" 42.10 FEET TO THE SOUTHERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 89°30'09" WEST ALONG THE SOUTH LINE OF SAID TRACT"A",ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW 1 OTH STREET AS DEDICATED BY SAID PLAT, 133.47 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE,LYING,AND BEING IN THE CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA, AND CONTAINING 157,302 SQUARE FEET(3.6112 ACRES), MORE OR LESS 6 RESOLUTION#2020-105