HomeMy WebLinkAbout2022-06-22 Hybrid Planning and Zoning Board/Local Planning Agency Agenda PacketRESOLUTION NO. 2022-PZ-004
A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE
CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-
001-22) ) SUBMITTED BY SEAGATE II, LLC, FOR PROPERTY AT THE
SOUTHEAST CORNER OF PHIPPEN-WAITERS ROAD AND S.W. 7TH
TERRACE IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY
DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED TO
AND INCORPORATED BY REFERENCE INTO THIS RESOLUTION;
PROVIDING FOR CONFLICTS; 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, Seagate II, LLC (the Applicant) has requested Site Plan approval (SP-001-
22) to permit the development of a new four (4) unit apartment building on the property located at
the southeast corner of Phippen-Waiters Road and S.W. 7th Terrace (the Property) as legally
described in Exhibit “A;” and
WHEREAS, the Planning & Zoning Board finds that the approval of the proposed Site
Plan (SP-001-22) 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 PLANNING AND ZONING
BOARD 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.
Section 3. That the approvals granted by this Resolution are subject to the Applicant’s
compliance with the following conditions:
1. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND
SWALES, the owner is responsible for the construction of sidewalks / swales within the
road ROW when buildings are constructed or substantially improved. (Engineering)
2. 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
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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)
3. PARK IMPACT FEE: Applicant must pay $5,456 (four (4) dwelling units (du) x $1,364)
prior to issuance of a building permit. (Planning & Zoning)
4. REGIONAL ACTIVITY CENTER (RAC) TRAFFIC IMPACT MITIGATION: The KBP
Consulting Traffic Impact Analysis dated September 2021 identifies 3 PM Peak Hour Trips
for the proposed development. Therefore, $63.78 (3 trips X $21.26) is due prior to issuance
of a building permit. (Planning & Zoning)
5. Additional existing and proposed grades in the ROW will be required at the time of
building permitting. Proposed grades will be required at all four( 4) sides of the ADA
ramps. Additional proposed grades along the sidewalk and ADA spaces will also be
required. (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. Detail and complete engineering plans will be required prior to Building and R/W permit
approval. (Engineering)
8. Provide utility piping conflict details plan, along with documentation to demonstrate
acceptability of the separation between water, sanitary, storm-water service lines, etc.
(Engineering)
9. Show also all existing and proposed utilities on the landscaping plans for potential
conflicts. (Engineering)
10. 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)
11. 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)
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 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 pursuant to LDC Section 635-100 “Expiration of Site Plans,” the Site
Plan (SP-001-22) shall automatically expire and become null and void unless the applicant files a
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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 6. That the associated Planning & Zoning Division Staff Report prepared for
application SP-001-22 is hereby incorporated into this resolution as findings of fact.
Section 7. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 8. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 22, 2022.
ATTEST:
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IBEL LARIOS W. QUIN ROBERTSON, CHAIRPERSON
BOARD CLERK PLANNING AND ZONING BOARD
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
BOARD ATTORNEY