HomeMy WebLinkAboutR-2023-094 Approving Site Plan (SP-025-22) and Variance (VA-19-23) for First Dania Beach LLCRESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-025-22) AND
VARIANCE (VA-19-23), SUBMITTED BY FIRST DANIA BEACH LLC, FOR
PROPERTY LOCATED AT 46 SW 1ST AVENUE 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, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and,
WHEREAS, pursuant to 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, First Dania Beach, LLC (the "Applicant') is requesting approval of a site
plan for the proposed construction of a new twelve (12) stories mixed use development consisting
of 102-unit residential development and 22,480 Square Feet of Office (SP-025-22) as referenced
in Exhibit `B" for property located at 46 SW I" Avenue in the City of Dania Beach; and
WHEREAS, the City of Dania Beach ("City") Code of Ordinances, Chapter 28, entitled
"Land Development Code" ("LDC'), of Part 6, entitled "Development Review Procedures and
Requirements," Article 625 "Variances," Section 625-40, entitled "Variance Review Criteria;
City Action," states that the City Commission may grant a Variance based on its
determination that the Applicant has demonstrated that the necessary criteria identified in the
LDC have been satisfied; and
WHEREAS, the Applicant has requested a Variance (VA-019-23) from See. 307-20(A)
to permit the installation of nine (9) street trees where twenty (20) are required; and
WHEREAS, the requested Variance maintain the basic intent and purpose of the subject
regulations, particularly as it affects the stability and appearance of the City; and
WHEREAS, the requested Variance is otherwise compatible with the surrounding land
uses and would not be detrimental to the community; and
WHEREAS, the requested Variance ais consistent with, and in furtherance of, the goals,
objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all
other similar plans adopted by the City; 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-25-22) and
Variance (VA-19-23) 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 above "Whereas" clauses are ratified and confirmed, 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-025-22), attached as Exhibit `B,"
Section 3. That pursuant to Chapter 28 "Land Development Code," Part 6
"Development Review Procedures and Requirements," Article 625 "Variances," the following
Variance Application (VA-019-23) is approved consistent with the Site Plan provided in Exhibit
"B„
Section 4. That the approvals granted by this Resolution are subject to the Applicant's
compliance with the following conditions:
1. The Applicant shall provide the necessary drainage calculations to demonstrate that the site
will meet the criteria set forth in the City Code Section 27-227 at the time of building and
ROW permit submittal. (Engineering)
2. Sight triangles shall be approved by landscaping. (Engineering)
RESOLUTION #2023- CAA
3. The Developer shall design, permit, construct, and certify the force main connection from
the private force main onsite to the city's force main on Dania Beach Boulevard.
(Engineering)
4. It is understood that the owner is installing a lift station to support both Phase 1 and Phase
2 under the Phase 2 project. If Phase 2 does not proceed or the lift station does not
accommodate Phase 1 requirements, then the owner is responsible for the lift station for
Phase 1. (Engineering)
5. Since the City of Dania Beach is approaching their sewer capacity with respect to the large
user agreements, additional flows may generate the need to modify the agreement; thus,
there may be additional fees due to process the request. The Developer is responsible for
all fees to update the agreement if required. (Engineering)
6. The Developer shall design, permit, construct, and certify the exfiltration trench to
accommodate drainage in the Right -of -Way. (Engineering)
7. The Developer is aware that if the two adjacent projects that are currently in the permitting
process, City Place and 101 Dania Beach Phase 1, do not proceed then the Developer is
responsible for the construction of all proposed watermain, force main, and drainage
improvements to support the project. (Engineering)
8. Additional comments may apply and shall be addressed prior to Building Permit approval.
(Engineering).
9. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND
SWALES, Owner is responsible for the construction of sidewalks / swales within the
Right -of -Way when buildings are constructed or substantially improved. (Engineering)
10. Provide Broward County 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)
11. All pavement markings shall be alkyd -based thermoplastic and fully retro-reflectorized,
per BCTED specifications with the exception of parking stall striping. (Engineering)
12. Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional
Engineer in the State of Florida (if applicable) shall be required at the time of the Building
and Right -of -Way permitting. (Engineering)
13. Detailed and complete engineering plans are required at the time of Building and Right -of -
Way permitting. (Engineering)
14. Provide utility piping conflict details plan, along with documentation to demonstrate
acceptability of the cover and separation between water, sanitary, storm -water service
lines, etc., as applicable. (Engineering)
15. Show all existing and proposed utilities on the landscaping plans for potential conflicts.
(Engineering)
16. 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)
3 RESOLUTION #2023-
17. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable)
as part of the final submittal, prior to issuance of the Building and Right -of -Way Permits
(South Florida Water Management District (SFWMD), Broward County Surface Water
Management License (BC SWM), Broward County Environmental Protection and Growth
Management Department (EPGMD) Wastewater Permit / BC Water and Wastewater
Approval, Florida Department of Environmental Protection, FDOT, BC Environmental,
BC Aviation, BC Traffic Engineering Division, etc.). Also, Utility / Right -of -Way Permits
from the city, Broward County, and State Roads, as applicable, shall be included.
(Engineering)
18. Unity of control and restrictive covenant required to satisfy pervious area requirements per
Sec.303-30.E.4.b. (Planning).
19. Applicant must enter into a parking license agreement to utilize the City's parking garage
prior to issuance of a building permit (Planning).
20. Applicant shall provide detail drawing of access gate for review (Planning).
21. For all projects resulting in buildout of the site, such that construction staging cannot occur
on site, the applicant must obtain Maintenance of Traffic Plan approval by the City
Engineer for period of construction prior to issuance of a building permit (Planning).
22. Provide a Construction Staging Plan to be approved by the Community Development
Director prior to issuance of a building permit. The Construction Staging Plan must
include, but is not limited to, all construction employee parking locations and location of
equipment and material during construction (Planning).
23. RAC Transportation Impact Fees. The KBP Consulting Traffic Impact Analysis identifies
92 PM Peak Hour Trips for the 101 Dania Apartments site plan. Therefore, $1,955.92 (92
trips X $21.26) is due prior to issuance of a building permit (Planning).
24. Payment of Recreation and Open Space Impact Fee to be paid at the time the building
permit. The impact fee is $1,364 for each multifamily units, which results in the Park
Impact fee of $139,128.00 ($1,364 X 102 units) (Planning).
25. As a new development the developer is required to participate in the City's Public Art
program by payment into the City's Public Art fund or through payment and instillation of
public art. The amount of the Public Art Fund contribution is dependent on the value of the
construction which will be established at the time of building permit submittal (Planning).
26. Applicant to submit Public Park fee (incentive) = $0.50/gross SF of residential floor area.
Applicant paying x3 per development plan = approx. $133,120.50 due to city. (Planning)
Section 5. That pursuant to Section 635-100 "Expiration of Site Plans" of the Land
Development Code, Site Plan (SP-025-22) and Variance (VA-019-23) 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 #2023--'�
Section 6. 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 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 become effective 10 days after passage.
PASSED AND ADOPTED on August 22, 2023.
Motion by l-4JCt4n- �)C 1 I V i OC , second by_ r %(-C
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
s1',
Commissioner Tamara James
Commissioner Marco Salvino
s{ c
Vice Mayor Lori Lewellen
11eE—
Mayor Archibald J. Ryan IV
As
ATTESTf
ELORA RfERA, MMC
CITY CLERK
R`� O, AR(
�,®, _ AaP MA
APPROVED AS TO FORM AND C(
E A. OUTSIS
TY ATTORNEY
RESOLUTION -ILiq
Exhibit "A"
Legal Description
LOT 17, 18, AND 19, BLOCK 21, TOWN OF MODELLED, KNOW KNOWNS AS THE
TOWN OF DANIA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK B, PAGE 49 OF THE PUBLIC RECORS OF MIAMI-DADS COUNTY, FLORIDA,
SAID LANDS SITUATED LYING AND EBING IN BROWARD COUNTY, FLORIDA.
6 RESOLUTION #2023-N�