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Home My WebLink AboutR-2022-156 BCD Dania Oaks, LLC Site Plan Modification (SP-015-18MOD) RESOLUTION NO. 2022-156 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN MODIFICATION(SP-015- 18MOD), SUBMITTED BY BCD DANIA OAKS LLC, FOR THE PROPERTY LOCATED AT 5461 - 5525 SW 40th AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, the "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, on July 24, 2018, the Dania Beach City Commission passed and adopted Resolution No. 2018-058, approving a Site Plan(SP-15-18)for the proposed construction of fifty- seven (57) townhomes and a clubhouse on the property located at 5461 - 5525 SW 40th Avenue in the City of Dania Beach, Florida (the "Property"), as legally described in Exhibit "A", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, BCD Dania Oaks, LLC, (the "Applicant") is requesting modification of the previously approved site plan for the property located at 5461 - 5525 SW 40th Avenue; said changes consisting of the removal of an additional 35 trees and addition of 90 new trees, as well as other landscaping adjustments; 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 revised Site Plan (SP- 015-18MOD) 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 Modification (SP-015-18MOD), is approved subject to compliance with the following conditions which must be satisfied prior to issuance of a building permit unless a different timeframe is specified within a specific condition(references to Sections are to those in the LDC): 1. The project will owe 94,647 sq. ft. of canopy mitigation (non-specimen) and $13,734 specimen tree mitigation to be provided by a combination of on-site mitigation and trust fund payments (less any mitigation payments received previously) (Landscaping). 2. This approval does not include any modifications to the originally approved pervious and impervious area / site layout, and that there are no site improvements proposed at this time. Any proposed site layout or site improvements will have to be submitted for review and approval (Engineering). 3. This approval does not include any modifications to the originally approved pervious and impervious area / site layout, and that there are no site improvements proposed at this time. Any proposed site layout or site improvements will have to be submitted for review and approval (Engineering). 4. Additional comments may apply and will need to be addressed prior to Building Permit approval (Engineering). 5. 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). 6. Provide Maintenance of Traffic(MOT)Plan by a licensed General Contractor/Professional Engineer in the State of Florida, if applicable (Engineering). 7. Show also all existing and proposed utilities on the landscaping plans for potential conflicts (Engineering). 8. 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). 9. 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). Section 3. That pursuant to Section 635-100 "Expiration of Site Plans" of the LDC, Site Plan (SP-015-18MOD) approval shall automatically expire and become null and void unless 2 RESOLUTION#2022-156 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 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 all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on September 27, 2022. ATTEST: OA B t. � 1f / 4 d ( • • THOMAS SCHNEIDER, MC � t TAMARA JAM CITY CLERK 4.a, MAYOR `1e[ISHE9 APPROVED AS TO FORM AND CORRECTNESS: t" E . B UTSIS C ' ATTORNEY 3 RESOLUTION#2022-156 nces 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). 6. Provide Maintenance of Traffic(MOT)Plan by a licensed General Contractor/Professional Engineer in the State of Florida, if applicable (Engineering). 7. Show also all existing and proposed utilities on the landscaping plans for potential conflicts (Engineering). 8. 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). 9. 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). Section 3. That pursuant to Section 635-100 "Expiration of Site Plans" of the LDC, Site Plan (SP-015-18MOD) approval shall automatically expire and become null and void unless 2 RESOLUTION#2022-156 EXHIBIT A LEGAL DESCRIPTION ALL OF 'OAKS PLACE", ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 183 AT PAGES 488 THROUGH 493 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 4 RESOLUTION#2022-156