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HomeMy WebLinkAboutR-2023-080 Dania Pointe Waterfront LLC, Oasis Pointe Site Plan Modification and VarianceRESOLUTION NO.2023- ©O 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE AND SITE PLAN MODIFICATION APPLICATION BY DANIA POINTE WATERFRONT, LLC (THE "APPLICANT") TO MODIFY THE SITE PLAN PREVIOUSLY APPROVED VIA RESOLUTION NO. 2019-158, AND TO AUTHORIZE A VARIANCE OF THE FRONT SETBACK, FOR PROPERTY LOCATED AT 150 SOUTH BRYAN ROAD, WITHIN 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, pursuant to Chapter 28 of the "Land Development Code" (the "LDC"), Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans," and Part 3 "Special Zoning Districts," Subpart 5 "Planned Small Lot Mixed -Use Development District (PMUD-SL)," Article 350 "Planned Small Lot Mixed -Use Development District (PMUD-SL)," Section 350-30(R) "Site Plan Approval," site development shall comply with the established PMUD-SL regulations and the approved Development Design Guidelines; and WHEREAS, LDC Article 350 "Planned Small Lot Mixed -Use Development District (PMUD-SL)," Section 350-40 "Planned Small Lot Mixed -Use Development District (PMUD-SL) Development Requirements," provides that no building permit for a structure or building shall be issued by the City and no development shall commence unless in conformity with the approved Development Design Guidelines (DDG) and an approved fmal site plan; and WHEREAS, on December 10, 2019, the City Commission authorized Resolution 2019- 158, which approved the site plan and DDG for the property known as 150 South Bryan Road (as described on Exhibit "A"); and WHEREAS, the 2019 approved site plan depicted the building as set back from Stirling Road by 23 feet; and WHEREAS, Dania Pointe Waterfront, LLC (the "Applicant")has received approval and has proceeded with the development of an eight (8)-story building with 272 residential dwelling units and thirty (30) live -work units pursuant to the approved DDG and Site Plan; and WHEREAS, following the completion of the building, it became apparent that a portion of the structure is actually located 21.95 feet and not 23 feet from Stirling Road; and WHEREAS, pursuant to LDC Article 625, Graham Penn, Esq., on behalf of the Applicant has submitted a Standard Development Application, requesting a modification to a previously approved site plan and requesting a front setback variance of just over one foot to allow for the retention of the existing constructed structure; and WHEREAS, the City's professional staff has issued its written recommendation that the requested modification and variance are consistent with the relevant standards of the City's Land Development Code, which recommendation constitutes competent substantial evidence in support of the City Commission approval of the application; and WHEREAS, the City Commission finds that the approval of the requested site plan modification and variance request meets the requirements within the City Code and will protect the 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," and Part 3 "Special Zoning Districts," Article 350 "Planned Small Lot Mixed -Use Development District (PMUD- SL)," Section 350-40 "Planned Small Lot Mixed -Use Development District (PMUD-SL) Development Requirements," the following Standard Development Application, attached as Exhibit "B," which is made a part of and incorporated into this Resolution by reference is approved. Section 3. That the requested site plan modification and front setback variance of 1.05' are approved. Section 4. That pursuant to LDC Section 635-100 `Expiration of Site Plans," the approval of the Standard Development Application herein shall automatically expire and become null and void eighteen (18) months from the effective date of this Resolution unless the Applicant files a complete building permit application and secures approval of building permits for the 2 RESOLUTION #2023- 090 improvements shown on the Site Plan within the eighteen (18) month time frame, unless an extension is granted by the City Commission. Section 5. That the issuance of an approval 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. 1 PASSED AND ADOPTED on JU I 2023. Motion by UXTfnY SS1iCYff, affiQLcond by A FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara James S Commissioner Marco Salvino Vice Mayor Lori Lewellen LA Mayor Archibald J. Ryan IV APPROVED AS TO FORM AND CORRECTNESS: E . BOUTSIS C ATTORNEY RESOLUTION #2023- O T� Q Exhibit "A" Leval Descriation Parcel 1 Tract "A", of "SYMONS PLAT" according to the Plat thereof, recorded in Plat Book 82, Page 49, of the Public Records of Broward County, Florida, LESS AND EXCEPT the following described parcel: Beginning at the Southeast comer of said Tract "A", thence South 87"55'33" West on an assumed bearing along the South line of said Tract "A" a distance of 14.00 feet; thence North 21°13'66" East a distance of 35.39 feet to the East line of said Tract "A"; thence South 02°04'22" East along said East line a distance of 32.50 feet to the Point of Beginning. Parcel 2 A parcel lying in South Florida Water Management District's C-10 canal right-of-way. Said right-of-way as described in Official Records Book 1917, Page 535, of the Public Records of Broward County, Florida; said parcel being in the Southeast Quarter of Section 33, Township 50 South, Range 42 East, Broward County, Florida; being more particularly described as: Commencing at the Southeast comer of the Southeast Quarter of Section 33, Township 50 South, Range 42 East; Thence South 87134'20" West along the South line of said Southeast Quarter of Section 33, a distance of 1182.94 feet to a point. Said point and the following 3 courses and distances being on the Westerly line of the aforementioned South Florida Water Management District's C-10 Canal: 1) Thence North 02°25'40" West, a distance of 55.00 feet to the Point of Beginning. Said point being on the North right-of-way line of Stirling Road and the Southeast corner of Tract "A" of "Symons Plat", according to the plat thereof, as recorded in Plat Book 82, Page 49, of the Public Records of Broward County, Florida; 2) Thence continue North 02°25'40" West, along the East line of said Tract "A", a distance of 39.19 feet; 3) Thence North 02°54' 17" East along the East line of said Tract "A", a distance of 520.19 feet. Thence South 44°17'40" East, a distance of 8.83 feet; Thence South 87°05'43" East, a distance of 32.02 feet; Thence South 02054'17" West, a distance of 101.00 feet; Thence South 87°05'43" East, a distance of 21.00 feet. Thence South 02"54'17" West, a distance of 188.33 feet; Thence North 87°05'43" West, a distance of 22.00 feet; Thence South 02"54'17" West, a distance RESOLUTION #2023- 030 of 84.67 feet; Thence North 87°05'43" West, a distance of 14.00 feet; Thence South 02154' 17" West, a distance of 177.35 feet to a point, said point being on the North right-of- way line of Stirling Road. Thence South 87°34120" West along said right-of-way of Stirling Road, a distance of 19.94 feet to the Point of Beginning. ALSO KNOWN AS: Parcel 1 Tract "A", of "SYMONS PLAT" according to the Plat thereof, recorded in Plat Book 82, Page 49, of the Public Records of Broward County, Florida, LESS AND EXCEPT the following described parcel: Beginning at the Southeast corner of said Tract "A", thence South 87'55'33" West on an assumed bearing along the South line of said Tract "A" a distance of 14.00 feet; thence North 21°13'56" East a distance of 35.39 feet to the East line of said Tract "A"; thence South 02°04'22" East along said East line a distance Of 32.50 feet to the Point of Beginning. Parcel 2 A parcel lying in South Florida Water Management District's C-10 canal right-of-way. Said right-of-way as described in Official Records Book 1917, Page 535, of the Public Records of Broward County, Florida; said parcel being in the Southeast Quarter of Section 33, Township 50 South, Range 42 East, Broward County, Florida; being more particularly described as: Commencing at the Southeast corner of the Southeast Quarter of Section 33, Township 50 South, Range 42 East; Thence South 87°34'20" West along the South line of said Southeast Quarter of Section 33, a distance of 1182.94 feet to a point. Said point and the following 3 courses and distances being on the Westerly line of the aforementioned South Florida Water Management District's C-10 Canal: 1) Thence North 02°25'40" West, a distance of 55.00 feet to the Point of Beginning. Said point being on the North right-of-way line of Stirling Road and the Southeast comer of Tract "A" of "Symons Plat", according to the plat thereof, as recorded in Plat Book 82, Page 49, of the Public Records of Broward County, Florida; 2) Thence continue North 02°25'40" West, along the East line of said Tract "A", a distance of 39.19 feet; 3) Thence North 02°54'17" East along the East line of said Tract "A", a distance of 520.19 feet. Thence South 4401740" East, a distance of 8.83 feet; RESOLUTION #2023- ©V 0 Thence South 87°05'43" East, a distance of 32.02 feet; Thence South 02054'17" West, a distance of 101.00 feet; Thence South 87°05143" East, a distance of 21.00 feet; Thence South 02°54'17" West, a distance of 188.33 feet; Thence North 87°05'43" West, a distance of 22.00 feet; Thence South 02°54'17" West, a distance of 84.67 feet; Thence North 87°05'43" West, a distance of 14.00 feet; Thence South 02°54'17" West, a distance of 177.35 feet to a point, said point being on the North right- of-way line of Stirling Road. Thence South 87034'20" West along said right-of-way of Stirling Road, a distance of 19.94 feet to the Point of Beginning. RESOLUTION #2023- CU 0