HomeMy WebLinkAboutR-2022-030 Dania Preserve (SobelCo LLC) Site Plan (SP-069-21) Flex Units (OT-070-21) and Variances (VA-105-21 VA-106-21) REVISED 4-12-22 & 6-17-22 RESOLUTION NO. 2022-030
REVISED 4/12/2022 & 6/17/2022
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-069-21), THE
ALLOCATION OF FIFTEEN (15) FLEXIBILITY UNITS (OT-070-21) AND
VARIANCES FOR MAXIMUM BUILDING LENGTH FOR A TOWNHOUSE
(VA-105-21), AND FROM THE REQUIREMENT TO INSTALL A SIDEWALK
ALONG AN ADJACENT ROADWAY (VA-106-21), SUBMITTED BY
GREENSPOON MARDER LLP, ON BEHALF OF SOBELCO, LLC, FOR
PROPERTY LOCATED AT 4900 SOUTHWEST 31 AVENUE, WITHIN THE
CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN
EXHIBIT "A" ("PROPERTY"), A COPY OF WHICH IS ATTACHED TO THIS
RESOLUTION; PROVIDING FOR CONDITIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Code of Ordinances,Chapter 28,entitled"Land Development Code"
("LDC"), Part 6, entitled "Development Review Procedures and Requirements," Article 635,
entitled "Site Plans," provides that site plan approval is required as a condition to the issuance of
a building permit and prior to the commencement of construction; and
WHEREAS, Greenspoon Marder, LLP, on behalf of SobelCo, LLC, (the "Applicant") is
requesting Site Plan approval (SP-069-21) and the allocation of seven (7) flexibility units (OT-
070-21), to permit the future construction of a new 67-unit townhome residential community, on
Property in the City, located south of Griffin Road and east of Southwest 31'Avenue,bearing the
address 4900 SW 31 Avenue, in the City of Dania Beach, as legally described in Exhibit "A", a
copy of which is made a part of and incorporated into this resolution; and
WHEREAS, the Applicant is requesting approval of the proposed Site Plan (SP-069-21)
to permit the future development of the subject property pursuant to and consistent with the
attached site plan provided as Exhibit"B"; and
WHEREAS, the Applicant is requesting the allocation of seven (7) flexibility units (OT-
070-21); and
WHEREAS, the Applicant is requesting approval of Variance application (VA-105-21),
variance from Land Development Code Section 230-10(B), seeking to provide a maximum
building length of 159'-8", where 150' maximum building length is required; and
WHEREAS, the Applicant has submitted documentation justifying the variance request;
and
WHEREAS, Variance application (VA-105-21) meets the established review criteria
designated in Land Development Code Section 625-40; and
WHEREAS, the Applicant is requesting approval of Variance application (VA-106-21),
variance from Land Development Code Section 22-28, seeking relief from providing a sidewalk
along the east side of Southwest 31 Avenue, where a sidewalk is required along public roadways
adjacent to new, platted subdivisions; and
WHEREAS, the Applicant has submitted documentation justifying the variance request;
and
WHEREAS, Variance application (VA-106-21) meets the established review criteria
designated in Land Development Code Section 625-40; and
WHEREAS,the City Commission conducted a duly noticed public hearing in accordance
with Chapter 28, Part 6 of the LDC, Article 610; and
WHEREAS, the City Commission finds that the approval of the proposed Site Plan (SP-
069-21), Allocation of Flexibility Units (OT-070-21) and Variances (VA-105-21) and (VA-106-
21) 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-069-21), attached as Exhibit "B", the Allocation of Flexibility Units (OT-070-21), and
Variances (VA-105-21) and (VA-106-21), which is made a part of and incorporated into this
Resolution by reference, are approved.
2 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
1); and
WHEREAS, the Applicant is requesting approval of Variance application (VA-105-21),
variance from Land Development Code Section 230-10(B), seeking to provide a maximum
building length of 159'-8", where 150' maximum building length is required; and
Section 3. That the approvals granted by this Resolution are subject to the Applicant's
compliance with the following conditions:
1. 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)
2. All pavement markings shall be alkyd-based thermoplastic and fully retro-
reflectorized, per BCTED specifications with the exception of parking stall striping.
(Engineering)
3. Detail and complete engineering plans will be required prior to Building and R/W
permit approval. (Engineering)
4. Show also all existing and proposed utilities on the landscaping plans for potential
conflicts.
5. 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)
6. 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)
7. 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)
8. Provide Maintenance of Traffic (MOT) Plan by a licensed General
Constrictor/Professional Engineer in the State of Florida, if applicable (Engineering).
9. The updated Tree Disposition Plan appears to accommodate most of the provided
corrections. However, it appears the clouded tree canopy areas AND the surveyed trees
within the clouds are all being counted towards responsible canopy area which
artificially increases the mitigation required by counting individually surveyed tree
twice. If so,please show the surveyed trees deducted from the canopy area to arrive at
the corrected clouded responsible canopy area. Also, please notes the following
additional inconsistencies that will need to be corrected:
A. Tree 404A is listed as "poor" condition therefore it is not specimen. Please update
the Tree Disposition Table and calculations accordingly.
B. Tree 4025 is a non-native ficus and therefore not specimen(Landscaping).
10. Provide an arborist evaluation of the specimen-sized trees. Exotic Ficus, invasive
species, and poor condition trees do not need to be included as they do not qualify as
specimen(Landscaping).
3 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
11. Per Sec. 275-190 (H)(7), ensure adequate spacing between trees and hardscaping areas
is provided. The southern buffer trees appear to be located closer than 8' from the A/C
units and associated concrete support pads (Landscaping).
12. The provided columns in the landscape data table do not appear to be accurately reflect
the total number of trees proposed. For example, the east buffer appears to show 46
trees within the 10' perimeter buffer, but the table lists only 31 provided. The actual
number of trees proposed in each section of the table are needed in order to identify the
total amount of surplus trees ("provided" less "required") which can count toward
mitigation requirements (Landscaping).
13. Koelreuteria elegans is a Category II invasive tree according to FISC and will not count
towards landscape requirements. Please replace with another appropriate but non-
invasive species (Landscape).
14. PARK IMPACT FEE: Per Resolution No. 2015-071, $1,825.00 per Single-
Family/Townhouse dwelling, $1,364.00 per Multifamily Dwelling, $1,140.00 per
Mobile Home must be paid for Recreation and Open Space Impact Fee at time of
building permit issuance. Therefore, applicant must pay $138,700 (76 du x $1,825)
prior to issuance of a building permit. (Planning &Zoning)
15. PUBLIC ART PROGRAM: Per 0-2019-025,pay In-Lieu Public Art Fee: 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. Based on the estimated construction value, this project is to contribute
approximately $100,000 into the City's Public Art Fund. (Planning & Zoning)
16. Any cost recovery account balances must be satisfied with the Community
Development Department prior to approval of any Building Permit. (Planning &
Zoning)
17. Install two (2) concrete speed hump(s) on SW 31st Avenue in coordination with the
City's Public Services Department. (Planning & Zoning)
18. Install two (2) digital speed warning signs on SW 31st Avenue in coordination with
the City's Public Services Department. (Planning &Zoning)
19. Landscaping along the northern boundary adjacent to Cocoplum shall be increased to
provide 32 trees of sixteen(16') foot height. (Planning &Zoning)
20. Site plan to be revised to provide a twenty-six (26') foot setback from the property to
the north. (Planning &Zoning)
21. Site plan to be revised to recess northern perimeter wall four (4') feet inside the
property to allow tree planting on both sides of the wall. (Planning & Zoning)
Section 4. That pursuant to Chapter 28, Part 6 of the LDC, Article 635, Section 635-
100 entitled "Expiration of site plans; procedure for extension," the Site Plan 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.
4 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
ion of the specimen-sized trees. Exotic Ficus, invasive
species, and poor condition trees do not need to be included as they do not qualify as
specimen(Landscaping).
3 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
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.
PASSED AND ADOPTED on June 28, 2022.
ATTEST: 1k Be4e
alvo--,a4 --LrZ 7441* Das.\'
THOMAS SCHNEIDER, CMC et` TAMARA JA
CITY CLERK , �` MAYOR
`LISHEO%.
APPROVED AS TO FORM AND CO' ' :
EV • BO TSIS
CIT • TTORNEY
5 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
bile Home must be paid for Recreation and Open Space Impact Fee at time of
building permit issuance. Therefore, applicant must pay $138,700 (76 du x $1,825)
prior to issuance of a building permit. (Planning &Zoning)
15. PUBLIC ART PROGRAM: Per 0-2019-025,pay In-Lieu Public Art Fee: 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. Based on the estimated construction value, this project is to contribute
approximately $100,000 into the City's Public Art Fund. (Planning & Zoning)
16. Any cost recovery account balances must be satisfied with the Community
Development Department prior to approval of any Building Permit. (Planning &
Zoning)
17. Install two (2) concrete speed hump(s) on SW 31st Avenue in coordination with the
City's Public Services Department. (Planning & Zoning)
18. Install two (2) digital speed warning signs on SW 31st Avenue in coordination with
the City's Public Services Department. (Planning &Zoning)
19. Landscaping along the northern boundary adjacent to Cocoplum shall be increased to
provide 32 trees of sixteen(16') foot height. (Planning &Zoning)
20. Site plan to be revised to provide a twenty-six (26') foot setback from the property to
the north. (Planning &Zoning)
21. Site plan to be revised to recess northern perimeter wall four (4') feet inside the
property to allow tree planting on both sides of the wall. (Planning & Zoning)
Section 4. That pursuant to Chapter 28, Part 6 of the LDC, Article 635, Section 635-
100 entitled "Expiration of site plans; procedure for extension," the Site Plan 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.
4 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
ion of the specimen-sized trees. Exotic Ficus, invasive
species, and poor condition trees do not need to be included as they do not qualify as
specimen(Landscaping).
3 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
Exhibit "A"
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of BROWARD. State of Florida,and described
as follows:
The North 100 feet of Lot 11, and the North 100 feet of the West 1/2 of Lot 13,Block 2, in Section 32,
Township 50 South, Range 42 East, as shown on the Plat of Sections 28, 29, 31 and 32, Township 50
South, Range 42 East, Broward County, Florida, recorded in Plat Book 2, Page 32, of the Public
Records of Miami-Dade County, Florida
AND
Lot Twenty one(21),of ROSE MANOR,according to the Plat thereof,as recorded in Plat Book 42,Page
16,of the Public Records of Broward County,Florida.
AND
All lot 10,Block 2,in Section 32,Township 50 South,Range 42 East,as shown on the Plat of Sections
28, 29, 31 and 32, Township 50 South, Range 42 East, Broward County, Florida, recorded in Plat
Book 2,Page 32, of the Public Records of Miami-Dade County,Florida.
ALL OF THE ABOVE ALSO KNOWN AS:
All of Lot 10,Block 2,the North 100 feet of Lot 11,Block 2,and the North 100 feet of the West 1/2 of Lot
13,Block 2,PLAT OF SEC'S.28,29,31 AND 32,T.50 S.,R.42 E.,in Section 32,Township 50 South,
Range 42 East,according to the Plat thereof,as recorded in Plat Book 2,Page 17,of the Public Records of
Miami-Dade County, Florida. TOGETHER WITH, Lot 21, ROSE MANOR, according to the Plat
thereof,as recorded in Plat Book 42,Page 16,of the Public Records of Broward County,Florida,and being
more particularly described as follows:
BEGIN at the northwest of said Lot 10,Block 2;thence along the North line of said Lot 10,Block 2,North
88 ° 21'12"East 642.39 feet to the northeast corner of said Lot 10. Block 2;thence along the East line of
said Lot 10,Block 2,South 00°06'24"East,593.74 feet to the northwest corner of said Lot 21;thence along
the North line of said Lot 21, North 89°47'26" East, 136.60 feet to the northeast corner of said Lot 21;
thence along the East line of said Lot 21, South 00°12'35"East,24.43 feet to a point on the arc of a non-
tangent curve, (a radial line through said point bears North 45°47'40" West); thence along said East line
and southerly along the arc of said curve being concave to the East,having a radius of 35.00 feet,a central
angle of 88°49'50", an arc distance of 54.26 feet;thence along said East line, South 00°12'35" East, 1.25
feet to the North line of Tract 13, Block 2; thence South 00°12'09" East, 100.03 feet to a northeast Plat
corner of RAVENSWOOD NORTH,according to the Plat thereof, as recorded in Plat Book 108, Page
45, of the Public Records of Broward County, Florida; thence along the North line of Block 16 of said
RAVENSWOOD NORTH, South 88°21'O1" West, 809.93 feet to the northwest Plat corner of said
RAVENSWOOD NORTH,said point being on the West line of aforesaid Lot 10,Block 2 and the West
line of said Section 32; thence along said West lines, North 00°18'25" East, 772.09 feet to the Point of
Beginning.
Said lands situate, lying and being in the City of Dania Beach,Broward County,Florida and containing
524,125 square feet, 12.032 acres,more or less.
6 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
12/2022&6/17/2022
ion of the specimen-sized trees. Exotic Ficus, invasive
species, and poor condition trees do not need to be included as they do not qualify as
specimen(Landscaping).
3 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
Exhibit"B"
SITE PLAN
7 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
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line of said Section 32; thence along said West lines, North 00°18'25" East, 772.09 feet to the Point of
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Said lands situate, lying and being in the City of Dania Beach,Broward County,Florida and containing
524,125 square feet, 12.032 acres,more or less.
6 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022
12/2022&6/17/2022
ion of the specimen-sized trees. Exotic Ficus, invasive
species, and poor condition trees do not need to be included as they do not qualify as
specimen(Landscaping).
3 RESOLUTION#2022-030
REVISED 4/12/2022&6/17/2022