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HomeMy WebLinkAboutR-2022-043 City Place Apartments Site Plan (SP-078-21), Design Variations (OT-100-21, OT-101-21, OT-102-21) and Variances (VA-103-21, VA-104-21, VA-004-22, VA-020-22)RESOLUTION NO.2022-043 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUESTS SUBMITTED BY 'CITY PLACE APARTMENTS, LTD., ON BEHALF OF THE PROPERTY OWNER PALMIERS INVESTMENTS, LLC, FOR A SITE PLAN (SP-078-21), DESIGN VARIATIONS (OT-100-21, OT-101-21 AND OT-102-21) AND VARIANCES (VA-103-21, VA- 104-21, VA-004-22 AND VA-020-22) FOR THE PROPERTIES LOCATED AT 59-65 SW 3 AVENUE, 114-122, 128, 130 AND 134 MONROE UDELL STREET, 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, "Land Development Code" (the LDC), of Part 6, "Development Review Procedures and Requirements," Article 635, "Site Plans," states that Site Plan approval is required as a condition to the issuance of a building permit; and WHEREAS, Sun -Tech Engineering, Inc., on behalf of City Place Apartments, Ltd., (the Applicant) has requested Site Plan approval (SP-078-21) to permit the development of a new 186,584 square foot mixed -use building with a parking garage on the property at the northeast corner of S.W. I" Street and S.W. 3rd Avenue (the Property) as legally described in Exhibit "A;" and WHEREAS, Chapter 28, Subpart 1 of the LDC, Article 301, "Legal and Administrative Provisions," Section 301-50 "Variations in design; procedure for review of design variations," states that the City Commission may approve design variations within the CC district using the procedure and criteria of this section in lieu of the variance process of Article 625; and WHEREAS, the Applicant has requested a Design Variation from the City Center (CC) District — Upper story setback standards (OT-100-21); and WHEREAS, the Applicant has requested a Design Variation from the Landscaping Regulations (OT-101-21); and WHEREAS, the Applicant has requested a Design Variation from the Frontage Types (OT-102-21); and WHEREAS, the requested Design Variations are for reasonable accommodations of design flexibility that result in overall superior development and design consistent with the intent and principles of this subpart that govern the standard for which variation is requested; and WHEREAS, the requested Design Variations are appropriate to accommodate site conditions not anticipated in these regulations, or to reconcile conflicting requirements, provided the request is generally consistent with the intent and principles of this subpart that govern the standard for which variation is requested; and WHEREAS, the applicant has offered significant enhancements to other pertinent aspects of the site that the City Commission determines will offset any negative impact that a variation to these standards might otherwise create; and WHEREAS, Chapter 28, Part 6 of the LDC, Article 625, "Variances," Section 625-40, "Variance Review Criteria; City Action," states that the City Commission may grant a Variance based on its determination that the Applicant has demonstrated that the necessary criteria identified in the LDC have been satisfied; and WHEREAS, the Applicant has requested a Variance (VA-103-21) to permit a maximum building length of 361 feet 8 inches at S.W. 1st Street where Section 230-10 of the LDC, titled "Maximum building length requirements", states that the maximum building length of a multiple - family dwelling is 150 feet; and WHEREAS, the Applicant has requested a Variance (VA-104-21) to allow a total of 10 street trees along S.W. 3rd Avenue and S.W. lst Street where Section 307-20 of the LDC, titled "Street landscaping and hardscaping", requires a minimum of 36 street trees; and WHEREAS, the Applicant has requested a Variance (VA-004-22) to allow one 10 foot wide travel lane for the east side of S.W. 3rd Avenue, 6 foot wide by 20 foot long parallel parking spaces, crown roadway cross-section, and 2 foot wide type `F' curb and gutter where Section 815- 10 of the LDC titled "Applicability, purpose", requires one 9 foot wide travel lane for the east side of S.W. 3rd Avenue, 7 foot wide 20 foot long parallel parking spaces, inverted crown roadway cross-section, and Type `D' curbing; and WHEREAS, the Applicant has requested a Variance (VA-020-22) to waive ten (10) of the one hundred and fifty-four (154 spaces — Alternative Parking Plan) minimum required off-street parking required by Section 265-50 of the LDC; and WHEREAS, the requested Variances maintain the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city; and WHEREAS, the requested Variances are otherwise compatible with the surrounding land uses and would not be detrimental to the community; and 2 RESOLUTION #2022-043 WHEREAS, the requested Variances are consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city; and WHEREAS, the requests more particularly further Objective X, Policy 10.1 of the Future Land Use Element of the City of Dania Beach Comprehensive Plan, which states that the "Land development regulations shall be maintained which provide for mixed land uses and other unique development techniques and that "innovative site design and land planning shall be permitted within these land development regulations"; and WHEREAS, the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; and WHEREAS, that the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community; and WHEREAS, the requested Variances are consistent with Section 625-40 of the LDC, titled "Variance review criteria; city action;" 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- 078-21), Design Variations (OT-100-21, OT-101-21 and OT-102-21) and Variances (VA-103-21, VA-104-21, VA-004-22 and VA-020-22) 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 reference. Section 2. That pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plan," the following Site Plan (SP-078-21), attached as Exhibit `B" is approved. 3 RESOLUTION #2022-043 Section 3. That pursuant to Chapter 28 "Land Development Code," Subpart 1, Article 301, "Legal and Administrative Provisions," Section 301-50, "Variations in design; procedure for review of design variations," the following Design Variation Applications (OT-100- 21, OT-101-21 and OT-102-21) are approved consistent with the Site Plan provided in Exhibit «B» Section 4. That pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 625 "Variances," the following Variance Applications (VA-103-21, VA-104-21, VA-004-22 and VA-020-22) are approved consistent with the Site Plan provided in Exhibit `B." Section 5. That the approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: l . A copy of the fire flow test and revised drawings indicating the new water main to service the project is required for the building permitting process. (Fire) 2. Submit a copy of the fire flow test required by the Fire Department, copy of the Fire Department approval, and revised drawings indicating the new water main to service the project for Engineering and Public Services Department review and approval. (Engineering) 3. Site Plan approval is concurrent with variance approval(s). (Engineering) 4. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND SWALES, Owner is responsible for the construction of sidewalks / swales within the road ROW when buildings are constructed or substantially improved. (Engineering) 5. 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) 6. All pavement markings shall be alkyd -based thermoplastic and fully retro-reflectorized, per BCTED specifications with the exception of parking stall striping. (Engineering) 7. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, the applicant must provide a Maintenance of Traffic Plan to be approved by the City Engineer for period of construction prior to issuance of a building permit. (Planning and Engineering) 8. Detail and complete engineering plans will be required prior to Building and R/W permit approval. (Engineering) 9. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm -water service lines, etc. 10. Show also all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 4 RESOLUTION #2022-043 11. 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 Department of Community Affairs, Florida Board Building Codes and Standards, and'in accordance with Americans with Disability Act (ADA). (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. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, 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) 14. Coordinate with City arborist regarding potential retention of specimen Oak Tree 2042. (Landscaping) 15. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, location of equipment and material during construction. (Planning) 16. Per 0-2017-027 & 0-2018-019. Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. (Planning) 17. OPEN SPACE IMPACT FEE: In accordance with Resolution No. 2015-071, $1,364.00 per Multifamily Dwelling must be paid for Recreation and Open Space Impacts at time of building permit issuance. A total of $150,040 (110 units X $1,364.00) will be due at the time of building permit. (Planning) 18. RAC TRAFFIC IMPACT MITIGATION: Per Resolution No. 2014-049, $21.26 will be due per p.m. peak hour trip at the time of building permit. Based on the Traffic Statement, this amounts to a traffic impact fee of $1,254.34 (59 trips x $21.26) will be due at the time of building permit. This amount may change based on the review of the traffic study by the City's consultant. (Planning) 19. PUBLIC PARK INCENTIVE FEE: Per Sec. 305-70 the Public Park Incentive Fee of $56,077.30 (96,685 GSF w/ AC x $0.58) is due prior to issuance of a building permit. (Planning) 20. PUBLIC ART PROGRAM: Per 0-2019-025, the applicant shall pay into the Public Art Fund either: 5 RESOLUTION #2022-043 a. Pay In -Lieu Public Art Fee: One-half of one percent (0.5%) of the cost of the proposed development project, as an "in -lieu" public art fee, with a minimum payment of $5,000 and a maximum payment of $250,000; or b. Combination of In -Lieu Public Art Fee and Placement of Art on Site: Placement of art on the site of the development project, minimum value of one -quarter of one percent (0.25%) of construction cost, along with a one -quarter of one percent (0.25%) payment of an "in -lieu" public art fee. (Planning & Zoning) 21. PARKING LEASE AGREEMENT: Must enter into an off -site parking arrangement for ten (10) parking spaces. Section 6. That pursuant to LDC Section 635-100 "Expiration of Site Plans," and Section 625-50 "Expiration of Variances," the Site Plan (SP-078-21) and Variances (VA-103-21, VA-104-21, VA-004-22 and VA-020-22) 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 7. 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 8. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 9. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 22.2022. THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: �"4w,/Z--�", EVE OU SIS CIT TTORNEY 6 RESOLUTION #2022-043 EXHIBIT A Ixll.l 4"1- W4 -9J wI_Y_[1W'l Lots 10, 11, 12, 13, 14, 15 and 16, Block 21, TOWN OF DANIA (FORMERLY MODELO), according to the Plat thereof recorded in Plat Book B, Page 49, of the Public Records of Miami - Dade County, Florida, said lands situate in Broward County, Florida. 7 RESOLUTION #2022-043 EXHIBIT B SITE PLAN (SEE ATTACHED) RESOLUTION #2022-043 OWNER: PALMIERS INVESTMENTS, LLC 2805 E OAKLAND PARK BOULEVARD, SUITE 168 FORT LAUDERDALE, FL 33306 (305) 904-1608 abOburkmiami.com ARCHITECT: FORUM ARCHITECTURE & INTERIOR DESIGN, INC. 237 WESTMONTE DRIVE, SUITE 220 ALTAMONTE SPRINGS, FL 32714 (407) 830-1400 b zim m erm a n ®fo ru m a rc h i tect u re. com LANDSCAPE ARCHITECT: WITKIN HULTS & PARTNERS 307 S 21ST AVENUE HOLLYWOOD, FL 33020 (954) 923-9681 an dywOwitkin design.com CIVIL ENGINEER: SUN —TECH ENGINEERING, INC. 4577 NOB HILL ROAD, SUITE 102 SUNRISE, FL 33351 (954) 777-3123 cl ou ton ®su n tech en g, com SURVEYOR: SUN —TECH ENGINEERING, INC. 4577 NOB HILL ROAD, SUITE 102 SUNRISE, FL 33351 (954) 777-3123 dcooper®suntecheng.com DEVELOPER: LANDMARK DEVELOPMENT CORP. 3050 BISCAYNE BOULEVARD, SUITE 300 MIAMI, FL 33137 (305) 538-9552 EXT. 103 froncisco0andmarkco. net DRAWINGS MAYBE OUT OF SCALE DUE TO XEROX REPRODUCTION ERROR. CITY PLACE City of Dania Beach, Broward County, Florida SITE PLAN SITE !Y 1, ,Y v it SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST LOCATION MAP N.T.S. 4577 Nob HIA Road, Suite 102 STE Sun Tech wv� nr se, II 33351 �°�^BOQ.m Engineering, inc. "IdoteofAuth.#70971131019 Phone 954 777-3123 •r,••Iw••n•w�+•r•Y• Fm (954) 777-3114 INDEX OF DRAWINGS SHE ET NO TITLE CS1 COVER SHEET V 1 V 3 BOUNDARY TOPO AND TREE SURVEY G7.2 SITE PLAN C 2 1 — _ PAVING, DRAINAGE &GRADING PLAN C 2 2 — — PAVING, DRAINAGE 8 GRADING DETAILS C-3.1 -- PAVEMENT MARKING 8 SIGNAGE PLAN C-4.1 WATER &SEWER PLAN C-0.2. C-4.5 WATER & SEWER DETAILS C-5.1 STORMWATER POLLUTION PREVENTION PLAN G5.2 STORMWATER POLLUTION PREVENTION DETAILS A1.01 1M FLOOR PLAN - A1.02 2,d AND 3n1 FLOOR PLAN A1.03 41h AND 501 FLOOR PLAN A1.04 Bih AND Tih FLOOR PLAN -- A1.05 Bih FLOOR FLAN AIM-A1.W ELEVATIONS TD-1 TREE DIS POSTION PLAN L-1 LANDSCAPE PLAN L-2 LANDSCAPE DETAILS IR-1 IRRIGATION PLAN IR-2 IRRIGATION DETAILS E 16.03 SITE PLAN PHOTOMETRICS E1G.04 ISITE PLAN ROOFTOP PHOTOMETRICS LEGAL DESCRIPTION: A14 r, 4 14 µ ND 15 Ar4 &D,x n W -100 IW Mnvo' WG�'PGgAtl )D 11E M7 NOFGr AS q N AtA7 NMN 'B' A7 LMG A 0 AE II.dA: I #1YM a i, W WD,MIT; FLMO.t t IINW AND �140 9NATm N AE OTY G'- OAAtA 4'AIX iLG®A n,a.nlK!wrya,: 5unshIwe- pp em PROJECT NO. 21.4103 aino,d —• DESIGN DATE: SEP. 2021 R mm.�...... /j / / PARNNG GVtAa .�� � imp � / t orNLR. att a o,wA Ruch t i awamend r / ____________ ------ ________v.rl ------------------- _________ _-_. Z�l ai Rw<:a.°oozcc c / 44 1 PROP. BUILDING �g 4 axt(R. a+ior uSrcoAsr c �/j Mrt aa I i HSTORY-1f0 UNITS F.F.E. = 12.00 NAVD I 4' / i/xiRcr° ai xn�.c (m/ i�uv'LL"0PVm.uhrw.�i.. - ,a Nil r� A. sry 7- •'"1LCAx`in.�- Nr.,R 1,w1-pro,° SW 1st STREET _ _b 7m mn• � ,ate. / ,r o � ' n• R� ,.,za. �� �1 �; � � i</e °�..,,.o•„ -a a RR� Tur xEsnAN aro swnA o / R ER. KWRx M, LL[ OM1Fli: °PSi ttANIA Rua, LLL ZONING. Gn axiom («> ' ZOr1YiC: att CFx1FR (CC) v °r = s.v M xw� nwr ,1i,nlwe6a.ko riw� remNrrxn m�po NS�19xY I . �wW vµ isp �vfw rw °r ^max x^n M�wY Laxasc'r a ..rrvnr inn. mlw Aix •rMRI- w vdws� Nq.d PWr-Ire aa..,snmsmin 20 10 O, 0 GRAPHIC SCALL 1-= 20' Vim® �m®0m �00�0 wlrs ,vn wAs1c>tu1Es zxawm er an � oAwA aAw `meµ° vn�u-ero aro mKxo cw.,°r°.`- �mo°mQ3o ana�_rm o0 ELEVATION LEGEND PAINT COLOR LEGEND DN (North Elevation Dmqq�-�� 11IT-1-w East Elevation 'FORUMS ARCHITECTURE. INTERIOR DESIGN, INC. City Place WEComer dW. ati—f S.W.3MA—&S .198— D.N. Beach, FL 11117=21 Andrew— R—k AR9710 ED ■ I PWAMND. ms A1.07 M ELEVATION LEGEND o © eao.ie�x I en � nAr � Xaoe,E [)i rxnXo� �x arxoour COLON LEGEND 1 South Elevation rueea..,&vnNeamw West Elevation ,reow3ewoX.ao<a�X�.,� U FORUM■ ARCHITECTURE & INTERIOR DESIGN, INC. ui.m�v �n�w. n�rrr� City Place N.ECorneroflffl ectlonof S.W. &d A— & S.W. -SV,M Dania Beech, FL 11,17-1 An .zS. Nwrk ANrim . ens' _*� S•i. A!, umnen i i- A lgTNE4dd! 1 A1.06 WEST . I I SOUTH NORTH EAST 8:00 AN 5:00 P.M. Weill w MLA FORUM ■ Site Plan - Shadow Study CITY PLACE APARTMENTS 237SMe orfmDriw•smm220•Anamo,msPrmesFL32714 WINTER 01/15 DANIA BEACH, FL 4075 1400 • www.F,rumA,,hit—ture — • —711 8:00 A.M. r � � ��ILWIII� �JLilill� e I � • 12:00 5:00 P.M. FORUM ■ Site Plan - Shadow Study J��5WasVnonte give Sulte 220-AUa—W Springs FL32714 A :�si311-'4L0 nnw.Foru mArchite ctu ra. com .uooi�a+ �\��/-} 9'. II SW 15 S RE �a CITY PLACE APARTMENTS SPRING 04/15 DANIA BEACH, FL 8:00 AN 5:00 P.M. 12:00 P.M. FORUM■ Site Plan -Shadow Study CITY PLACE APARTMENTS 23]S W—I.- Drive• Suite 220•Aft—o Springs FL32714 SUMMER 07/15 DANIA BEACH, FL 407�30-1400 • w—F. mA,.hit..t ure... m • —2111 401 4W & f SW 1ST STREET 1.111117-11 A I 5:00 P.M. M IST STREET 0,0 umdwmkz &.AL 12:00 P.M. SW IST STREET FORUME Site Plan - Shadow Study CITY PLACE APARTMENTS 237 S Mat,s,nts Ddve - Wits 220- Altamonte Springs FL32714 AUTUMN 10/15 DANIA BEACH, FL. 4074M-1400 - www.F-umA,,hit,cNre.,om 'A� ■BTH FLOOR 1 BEDROOM=911N. 2 BEDROOM =7 UNITS 1 8th Floor Plan r = zaa• FORUM■ ARCHITECTURE & INTERIOR DESIGN, INC. nn��a sp aanorozn 's City Place N.E Comer of Inferseotlon of S.W. 3,d Ave. B S.W. tat Street Denis Beach. FL A a+ffrlE�eelne A1.05 , ��' I , 7 �7th Floor Plan L 1' � itl0 I� �6thFloor Plan Plan � ARCHITECTURE. INTERIOR DESIGN, INC. �•�pu000in+ YBFLIW 1LKF8 �STH FLOOR City Place N.E Cormr of Inbnactlon of S. I,6 .I FIL tnt Street Oenb Bench FL nmrz�an Antlrnw5 SRoark ARB]1 B3 Qtil,.•' P'. t 1� IFIXIRBUf10f6: 1 �- 1a _ f� femnow•suMre 2B IOOY•15UMM 1 j ammmom plp,B;Flq, BBeB I A1.04 M STH F=R I BEDR00101:2UNI78 2 SEMOOM 15UWTS iIMK-z-A M4THFt.00it 1 BEDFOOM-2 LRM 2BEDROOM-15LKM 4th Floor Plan 1-2VO FORUMM ARCHITECTURE & INTERIOR DESIGN, INC. City Place N.EC.,. -Mb—a—f S.W.3WAve. &8.W.IMStreet D-—h. FL 111IM021 Andrew Smftll ARS710 ED BETWROLITI(MB: PROMM we A1.03 �,,�d Floor Plan U r-Roa �LFloor Plan v-zoo ESR00kI:W R j FORUMS 1 B[30fl00N•RIe 2BMRDY•161Rf18 ARCHITECTURE& ! INTERIOR DESIGN, INC. City Place a S.W. .&dA of&S.W. UtS 6,W.9 -h.. FL 1al Sbesl Denis B��ch. FL 1 11/1]13831 Mtl Roerk -.71 M8]183 m: r fF` i +� eETomlRempxak F Floor rumsumm ARCHITECTURE & a!!ff INTERIOR DESIGN, INC. Ee ae.moY�l nn000znt f City Place N.E.&d of&S.W. 19 of S.W.3ttl Ave. B S.W. tat Street Danb Seacll, FL 111172021 AMraw Scott Roark ARvim 0 J� PRWEQf NO. S— A I n l