HomeMy WebLinkAboutR-2023-112 Approving Site Plan (SP-049-16MOD) for Dania Live 1748 II LLC - Putt ShackRESOLUTION NO.2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN APPLICATION (SP-049-
16MOD) FOR THE APPLICANT, DANIA LIVE 1748 II, LLC, FOR PROPERTY
GENERALLY LOCATED AT 1841 WAY POINTE PLACE, 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, DANIA LIVE 1748 II, LLC ("Applicant") is requesting site plan approval to
permit the construction of an additional 4,233 square feet of commercial building on the Property
generally located at 1841 Way Pointe Place, 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-049-
16MOD) 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 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-
049-16MOD) meets the requirements of the City Code and 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 Code, Part 6,
"Development Review Procedures and Requirements," Article 635, "Site Plan," the Site Plan (SP-
049-16MOD), attached as Exhibit "B" and made a part of and incorporated into this Resolution by
reference, is approved, with conditions.
Section 3 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 the Building
and Right -of -Way Permit submittals. (Engineering)
2. Cross -sections of the improved areas adjacent to building on the north, west, and south
sides of the building addition are required at the time of the building permit submittal.
(Engineering)
3. Additional comments may apply and will need to be addressed prior to the Building and
Right -of -Way Permit approvals. (Engineering)
4. Detailed and complete engineering plans are required at the time of Building and Right -of -
Way permitting submittals, including the Demolition Plan and the Stormwater Pollution
Prevention Plan and details. (Engineering)
5. Provide utility piping conflict details to demonstrate that the proposed cover and separation
between water, sanitary sewer, and drainage pipes meet code requirements. (Engineering)
6. Show all existing and proposed utilities on the landscaping plans for potential conflicts.
(Engineering)
7. Provide BC standard details for pavement marking and signage. All traffic control signs
shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards.
(Engineering)
8. BCTED signs specifications consist of Type XI retroreflective sheering materials except
for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent
yellow -green sheeting certified Type IV. (Engineering)
9. All pavement markings shall be alkyd -based thermoplastic and fully retro-reflectorized,
per BCTED specifications with the exception of parking stall striping. (Engineering)
10. 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)
11. 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)
12. 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
(FDEP), Florida Department of Transportation (FDOT), BC Environmental, BC Aviation,
2 RESOLUTION #2023-
BC Traffic Engineering Division, etc.). Also, include Utility / Right -of -Way Permits from
the City, Broward County, and State Roads. as applicable. (Engineering)
13. Proposed signage shall comply with the DDG and the Land Development Code. Signage
shall be reviewed and approved in accordance with adopted regulations. (Planning)
14. RAC Traffic Impact Mitigation: Per resolution No. 2014-049, a rate of $21.26 per p.m.
peak hour trip. The Traffic Impact Study by Kimley Horn demonstrates P.M peals hour trip
identified as 17 PM Peak hours trip; therefore, $361.42 Traffic Impact Mitigation fee will
be due prior to issuance of a building permit. (Planning)
15. Public Art Program: Per 0-2019-025, the applicant shall pay into the Public Art Fund
either:
a. Pay hi -Lieu Public Art Fee: 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; or
b. Combination of hi -Lieu Public Art Fee and Placement of Art on Site:
Placement of art on the site of the development project, minimum value of one -quarter of
one percent (0.25%) of construction cost, along with a one -quarter of one percent (0.25%)
payment of an "in -lieu" public art fee. (Planning & Zoning). If placing art on the
development site a declaration of restrictive covenant to ensure the placement and
maintenance for public art purposes shall be required. (Planning)
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, unless an extension is granted by the City
Commission.
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 become effective 10 days after passage.
PASSED AND ADOPTED 2023.
Motion by ,`1�ii E�ta1vP 1N'hh second by{(MWY JCi-1'fltl�.
RESOLUTION #2023- L / r
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
F
Commissioner Tamara James
is
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
—r—
Mayor Archibald J. Ryan IV
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
a P �
RESOLUTION #2023- (i
Exhibit "A"
Legal Description
PARCEL OF LAND BEING A PORTION OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE
42 EAST, BROWARD COUNTY, FLORIDA; SAID PARCEL CONTAINING ALL OF OR
PORTIONS OF THE FOLLOWING DESCRIBED PLATS AND ROAD RIGHT-OF-WAYS:
e
ALL OF BLOCK 7 AND A PORTION OF BLOCK 8, TIGERTAIL GROVE RESUBDWISION,
RECORDED IN PLAT BOOK 30, PAGE 20; A PORTION OF TRACT "A", "RE -AMENDED
PLAT OF HOLLYWOOD PALMS", RECORDED IN PLAT BOOK 36, PAGE 46; A PORTION
OF TRACT "A", "THE GADDIS PLAT", RECORDED IN PLAT BOOK 112, PAGE 7; A
PORTION OF PARCEL "A", DUKE & DUKE SUBDIVISION, RECORDED IN PLAT BOOK
124, PAGE 48; ALL OF PARCEL "A", DANIA OFFICE PARK, RECORDED IN PLAT BOOK
130, PAGE 29; ALL OF PARCEL "A", COMMERCE CENTER OF DANIA, RECORDED IN
PLAT BOOK 135, PAGE 44; ALL OF PARCEL "A", SAN-MAR PLAT, RECORDED IN PLAT
BOOK 142, PAGE 18; ALL OF PARCEL "A", "DANIA BEACH AIR & PORT COMMERCE
CENTER", RECORDED IN PLAT BOOK 177, PAGES 81 THRU 83; A PORTION OF
TIGERTAIL BOULEVARD (N.W. 1ST STREET) RIGHT-OF-WAY, LYING EAST OF THE
WEST LINE OF THE SOUTHEAST ONE -QUARTER (S.E. 1/4) OF SAID SECTION 33 AND
WEST OF THE WEST RIGHT-OF-WAY LINE OF BRYAN ROAD; A PORTION OF DANIA
BEACH BOULEVARD RIGHT-OF-WAY, LYING EAST OF THE EAST RIGHT-OF-WAY
LINE OF INTERSTATE 95 (STATE ROAD 9) AND WEST OF THE WEST RIGHT-OF-WAY
LINE OF BRYAN ROAD; ALL OF THE ABOVE REFERENCED PLATS BEING RECORDED
IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID PARCEL AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE -QUARTER
(S.E. 1/4) OF SAID SECTION 33;
THENCE N.01041'47" W., ALONG THE WEST LINE OF SAID SOUTHEAST ONE -
QUARTER (S.E. 1/4), A DISTANCE OF 668.72 FEET, TO THE MOST NORTHERLY
SOUTHWEST CORNER OF SAID PARCEL "A", SAN-MAR PLAT AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
THENCE S.87032'08"W. ALONG THE SOUTH LINE OF PARCEL "A", DUKE & DUKE
SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
124, PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, A
DISTANCE OF 49.21 FEET;
THENCE N.12°26'03"E., A DISTANCE OF 201.54 FEET, TO A POINT ON THE EAST LINE
OF PARCEL'A", SAID DUKE & DUKE SUBDIVISION;
THENCE N.01041'47"W., ALONG SAID EAST LINE AND THE WEST LINE OF PARCEL
"A", OF SAID SAN-MAR PLAT, A DISTANCE OF 231.30 FEET;
4 RESOLUTION #2023-
THENCE S.88018'13"W., A DISTANCE OF 513.30 FEET, TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF INTERSTATE 95 (S.R. 9), SAID POINT ALSO BEING ON THE
ARC OF A NON -TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT HAVING A BEARING OF N.89043'55"E. (THE
FOLLOWING TWO COURSES BEING COINCIDENT WITH THE EAST RIGHT OF WAY
LINE OF SAID INTERSTATE 95 (S.R. 9);
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 04000'14" AND A RADIUS OF 5,929.65 FEET, FOR AN ARC
DISTANCE OF 414.38 FEET, TO A POINT OF TANGENCY;
THENCE N.04016'19"W., ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE,
A DISTANCE OF 1,158.32 FEET, TO THE NORTHWEST CORNER OF SAID PARCEL "A",
COMMERCE CENTER OF DANIA;
THENCE N.87026'02"E., ALONG NORTH LINE OF SAID PARCEL "A" AND THE NORTH
LINE OF THE SOUTHWEST ONE -QUARTER (S.W. 1/4) OF SAID SECTION 33, A
DISTANCE OF 569.57 FEET, TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST
ONE -QUARTER (S.W. 1/4), SAID POINT ALSO BEING THE SOUTHWEST CORNER OF
SAID TRACT "A", "RE -AMENDED PLAT OF HOLLYWOOD PALMS';
THENCE N.01 °41'47"W., ALONG THE WEST LINE OF THE NORTHEAST ONE -QUARTER
(N.E. 1/4) OF SAID SECTION 33 AND THE WEST LINE OF SAID TRACT "A", A DISTANCE
OF 295.03 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH 295.00 FEET OF
SAID TRACT "A";
THENCE N.87026'02"E., ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID
TRACT "A", A DISTANCE OF 1,324.07 FEET, TO A POINT ON THE EAST LINE OF SAID
TRACT "A";
THENCE S.01044'05"E., ALONG SAID EAST LINE, A DISTANCE OF 295.03 FEET, TO THE
SOUTHEAST CORNER OF SAID TRACT "A";
THENCE S.87026'02"W., ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE
OF 15.00 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL "A", DANIA OFFICE
PARK;
THENCE S.01029'36"E., ALONG A LINE 40 FEET WEST OF AND PARALLEL WITH THE
EAST LINE OF THE WEST ONE-HALF (W. 1/2) OF THE SOUTHEAST ONE -QUARTER
(S.E. 1/4), A DISTANCE OF 2,295.74 FEET;
THENCE S.05020'43"W., A DISTANCE OF 100.78 FEET;
THENCE S.01029'36"E., A DISTANCE OF 200.00 FEET, TO THE MOST NORTHERLY
SOUTHEAST CORNER OF SAID PARCEL "A";
THENCE S.43002'17"W., A DISTANCE OF 42.08 FEET, TO THE MOST SOUTHERLY
SOUTHEAST CORNER OF SAID PARCEL "A", (THE FOLLOWING THREE COURSES
BEING COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL "A");
5 RESOLUTION #2023-
THENCE S.87034'1I"W., A DISTANCE OF 53.26 FEET;
THENCE N.85035'15"W., A DISTANCE OF 100.72 FEET;
THENCE S.87034'11"W., A DISTANCE OF 200.03 FEET, TO THE MOST SOUTHERLY
SOUTHWEST CORNER OF SAID PARCEL "A", SAID POINT ALSO BEING A POINT ON
THE EAST LINE OF SAID TRACT "A", "THE GADDIS PLAT";
THENCE S.01032'39"E., ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF
10.00 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "A";
THENCE S.87034'1I"W., ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE
OF 2.85 FEET (THE FOLLOWING THREE COURSE BEING COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD (S.R. 848) AS DEDICATED BY
OFFICIAL RECORD BOOK 22110, PAGE 521 OF SAID PUBIC RECORDS);
THENCE N.78056'04"W., A DISTANCE OF 51.42 FEET;
THENCE S.87034'1 VW., A DISTANCE OF 217.00 FEET;
THENCE S.02025'49"E., A DISTANCE OF 12.00 FEET, TO A POINT ON THE SOUTH LINE
OF SAID TRACT "A";
THENCE S.87034'11"W., ALONG THE SOUTH LINE OF SAID TRACT "A", AND THE
WESTERLY EXTENSION THEREOF, A DISTANCE OF 269.97 FEET;
THENCE S.01032'39"E., A DISTANCE OF 2.00 FEET, TO A POINT ON A LINE 53.00 FEET
NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SAID SOUTHEAST ONE -
QUARTER (S.E.1/4);
THENCE S.87034' 11 "W., ALONG SAID PARALLEL LINE A DISTANCE OF 30.14 FEET, TO
A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF PARCEL "A",
"STIRLING ROAD PLAZA", RECORDED IN PLAT BOOK 178, PAGE 112, OF SAID
PUBLIC RECORDS;
THENCE N.01038'44"W., ALONG SAID SOUTHERLY EXTENSION, ALONG SAID EAST
LINE AND ALONG THE EAST LINE OF PARCEL "A", HILTON GARDENS AT STIRLING
ROAD, RECORDED IN PLAT BOOK 171, PAGE 14, OF SAID PUBLIC RECORDS, A
DISTANCE OF 615.92 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL "A";
THENCE S.87032'08"W., ALONG THE NORTH LINE OF SAID PARCEL "A", A DISTANCE
OF 335.53 FEET; TO THE POINT OF BEGINNING;
SAID LAND SITUATE WITHIN THE CITY OF DANIA BEACH, BROWARD COUNTY,
FLORIDA, CONTAINING 102.03 ACRES, (4,444,235 SQUARE FEET), MORE OR LESS.
6 RESOLUTION #2023-