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Home My WebLink AboutR-2022-087 3851 Stirling Holdings, LLLP (Koosh Living) Site Plan (SP-056-21)RESOLUTION NO.2022-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-056-21), SUBMITTED BY 3851 STIRLING HOLDINGS, LLLP FOR PROPERTY LOCATED AT 3851 STIRLING ROAD 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; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, "Land Development Code" (the "LDC"), Part 6, entitled "Development Review Procedures and Requirements," Article 635, entitled "Site Plans" of the City Code of Ordinances (the "City Code") provides that Site Plan approval is required as a condition to the issuance of a building permit; and WHEREAS, 3851 Stirling Holdings, LLLP (the "Applicant") has requested a Site Plan Approval (SP-056-21) for a mixed -use development on the property legal described in Exhibit "A" 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 Site Plan (SP-056-21) is consistent with the City's Land Development Code and 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 this reference. Section 2. That pursuant to Chapter 28 "Land Development Regulations," Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans," the following Site Plan (SP-056-21), attached as Exhibit `B," which is made a part of and incorporated into this Resolution by this reference, is approved. Section 3. That the approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. Obtain clearance from FPL that there are no easement restrictions on the development by FPL. (Engineering) 2. Provide detailed and complete engineering plans prior to Building and R/W permit approval. (Engineering) 3. Any road cuts for utilities, curb cuts and/or others with the City ROW shall be restored to full lane width for 50' minimum length centered on the proposed cut. (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 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) 6. 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 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) 7. Provide regulatory agencies' approval documentation and Permits. Also, include Utility / Right of Way Permits from City, Broward County, and State Roads as applicable. 8. PARK IMPACT FEE: Applicant must pay $317,812 (233 du x $1,364) prior to issuance of a building permit. (Planning & Zoning) 9. PUBLIC ART PROGRAM: Pay 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. (Planning & Zoning) 10. Any cost recovery account balances must be satisfied with the Community Development Department prior to approval of any Building Permit. (Planning & Zoning) 11. As per applicant's voluntary proffer, leases shall include an express prohibition on Vacation Rentals, which shall not be permitted, subject to termination of lease. In case of Condominium, condominium documentation shall prohibit vacation rentals. (Planning & Zoning) 12. As per applicant's voluntary proffer, no Pawn Shop uses shall be permitted. (Planning & Zoning) 2 RESOLUTION #2022-087 13. As per applicant's voluntary proffer, 30 dwelling units shall be limited to provide workforce housing (120-140% of medium income as defined by the Administrative Rules Document of the Broward County Land Use Plan) and provide annual reporting to verify workforce housing status. (Planning & Zoning, City Attorney) 14. As per applicant's voluntary proffer, a trolley service shall be provided for on -site pickup. (Planning & Zoning) 15. As per applicant's voluntary proffer, the applicant shall provide additional school crossing guard uniforms and signs, should the School Board be able to procure crossing guards or traffic flow personnel. Section 4. That pursuant to Section 635-100 "Expiration of Site Plans" of the Land Development Code, Site Plan (SP-056-21) 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 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. 3 RESOLUTION #2022-087 PASSED AND ADOPTED on May 24, 2022. ATTEST: As"."THOMAS SCHNEIDER, CITY CLERKft. APPROVED AS TO FORM AND CORRECTNESS: EVjE. BOU-FSIS CYTYATTORNEY 4 RESOLUTION #2022-087 EXHIBIT "A" LEGAL DESCRIPTION REED LAND CO SUB 2-32 D 31-50-42 LOT 13 LESS PT THEREOF LYING WITHIN 53 OF S/L FOR RD 5 RESOLUTION #2022-087 EXHIBIT "B" SITE PLAN (SP-056-21) RESOLUTION #2022-087 E-1 SINGLE FAMILY ESTATE RESIDENTIAL 1 i _,w�—`— --� -- - - - -------------- ----- d a rcchicecture] www.kell } } } } } e } } } , "} ,'° a $"'"9 '!r S'y�„e--}"a }.Y-.'°�"i..}•'�^� . wuwn. SEAL ..•_.„. _z . ^jYe.y-.°_+°._w- ..—.o- "a_„° __ _ \ ry / `�101 — - man -p�p1 f OF "0 I i D Pa - _ _ !Joseph wiiu R @y rtx 9 `r 2�i_•2ffi\l Z m c a' 11, 24 _ �.. .. 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