HomeMy WebLinkAboutR-2023-145 (SP-065-22) Approving Imeca Site Plan Design Variation and Variances for 501 Stirling Road LLCRESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-65-22), DESIGN
VARIATIONS (OT-066-22, OT-067-22, OT-061-23, OT-063-23, OT-064-23
AND OT-072-23) AND TWO VARIANCES (VA-058-23 AND VA-062-23),
SUBMITTED BY THE OWNER, 501 STIRLING ROAD LLC, FOR
PROPERTIES GENERALLY LOCATED AT 501 STIRLING ROAD, 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 CONDITIONS; CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to the Chapter 28, entitled "Land Development Code" (the "LDC"),
of Part 6, entitled "Development Review Procedures and Requirements," Article 63 5, 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, 501 Stirling Road LLC (the "Applicant"), is requesting site plan approval for
the proposed construction of a new ten thousand (10,000) square foot hardware store development
(SP-65-22) as referenced in Exhibit "B," for property legally described in Exhibit "A", a copy of
which is made a part of and incorporated into this Resolution by this reference; and
WHEREAS, the Applicant has requested a Design Variation from the built -to -line
requirement on the north boundary and northeast corner (OT-066-22); and
WHEREAS, the Applicant has requested a Design Variation from the minimum depth of
building in the first layer requirement (OT-067-22); and
WHEREAS, the Applicant has requested a Design Variation to allow access along Stirling
Road (OT-061-23); and
WHEREAS, the Applicant has requested a Design Variation from building frontage
glazing percentage on primary street (OT-063-23); and
WHEREAS, the Applicant has requested a Design Variation from loading space
separation from residential area (OT-064-23); and
WHEREAS, the Applicant has requested a Design Variation from vehicular use shielding
with a street wall (OT-072-23); and
WHEREAS, Chapter 28, Part 6 of the LDC, Article 625, entitled "Variances," Section
625-40 states that the City Commission may grant a variance based on its determination that the
petitioner has demonstrated that the necessary criteria identified in the LDC have been satisfied;
and
WHEREAS, the Applicant has requested a Variance to provide two (2) trees within a
seven (7) foot landscape planting area behind the existing four (4) foot public sidewalk, where
Section 307-20 (B) of the LDC requires that trees be planted three (3) feet from the face of the
curb within grated tree wells a minimum sixteen (16) square feet in area built into the sidewalk
(VA-058-23); and
WHEREAS, the Applicant has requested a Variance to provide a twelve (12) space,
single -loaded parking aisle without a turnaround, where Section 265-110(C)(7) of the LDC
requires a double -loaded dead-end aisle serves fewer than twenty-one (21) parking spaces and a
turnaround area is provided that will accommodate a three-point turnaround, or where the number
of parking spaces in the double -loaded dead-end aisle is ten (10) or fewer (VA-062-23); 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 proposed Site Plan (SP-
65-22), Design Variations (OT-066-22, OT-067-22, OT-061-23, OT-063-23, OT-064-23, and OT-
72-23) and two Variances (VA-058-23 and VA-062-23) are 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 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 Plans," the following Site
Plan (SP-65-22), attached as Exhibit "B," a copy of which is made a part of and incorporated into
this Resolution by this reference.
Section 3. That pursuant to Chapter 28 "Land Development Code," Subpart 1, Article
301, "Legal and Administrative Provisions," Section 301-50, "Variations in design; procedure for
2 RESOLUTION #2023- 145-
review of design variations," the following Design Variation Applications (Variations (OT-066-
22, OT-067-22, OT-061-23, OT-063-23, OT-064-23 and OT-72-23) are approved consistent with
the Site Plan provided in Exhibit `B".
Section 4. That pursuant to Chapter 28, "Land Development Code", Part 6
"Development review Procedures and Requirements," Article 625 "Variances," the Variance
applications (VA-058-23 and VA-062-23) are approved consistent with the Site Plan provided in
Exhibit "B".
Section 5. That the approvals granted by this Resolution are subject to the Applicant's
compliance with the following conditions:
1. 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 installation of public art. The
amount of the Public Art Fund contribution is dependent on the value of the
construction which will be established at time of building permit submittal (Planning).
2. For all projects resulting in buildout of the site, such that construction staging cannot
occur on site, must obtain Staging Plan approval by the Community Development
Director prior to issuance of a building permit. The Staging Plan must include, but is
not limited to, the location of equipment and material during construction. (Planning &
Zoning)
3. 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
& Zoning)
4. Per 0-2017-027 & 0-2018-019. Commercial properties under construction are
required to provide security to fencing with screening showing project rendering
covering at least 75% of the length of the fence along an arterial or state right-of-way
& 25% for local roads and must include name and intended use of the project, project
rendering, project website address, and owner or agent, the telephone number for the
owner or agent, and the name and an emergency contact telephone number of the
general contractor. Provide screen details prior to issuance of master construction
permit The City Commission must approve the use of the City Logo. (Planning &
Zoning)
5. The proximity to the airport will require FAA/BCAD review and approval. Contact
William Castillo, Airport Planner with Broward County Aviation Department, located
at 2200 SW 45 Street, Suite 101, Dania Beach, FL 33315, (954) 359-6100. (Planning
& Zoning)
6. The site shall comply with the requirements set forth in the City Code Section 27-227
- Stormwater management plan requirements. (Engineering)
7. Due to the fact that 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 for the City of Hollywood to process
the request. The Developer is responsible for all fees to update the agreement if
required. (Engineering)
RESOLUTION #2023- M
8. If the pavers on Phippen Road are impacted due to construction, then the applicant shall
reconstruct the pavers according to the city and county standards at the applicant's
expense. (Engineering)
9. Pavement restoration limits shall be confirmed at the time of the pre -construction
meeting and shall be approved by Public Services prior to the closing of the Right -of -
Way (ROW) permit. (Engineering)
10. The driveway on Stirling Road shall be approved by Florida Department of
Transportation (FDOT). (Engineering)
11. FDOT permits shall be provided during the time of the building and ROW permitting
process (i.e. FDOT Driveway and Drainage permits, and all others that may
apply). (Engineering)
12. Demolition Plan and Erosion Control Plan and details are required at the time of
building permitting. (Engineering)
13. The applicant is responsible for constructing a new sidewalk adjacent to the property.
(Engineering)
14. Additional comments may apply and will need to be addressed prior to Building Permit
approval. (Engineering)
15. 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 ROW when buildings are constructed or substantially improved. (Engineering)
16. Provide Broward County (BC) standard details for pavement marking and signage. All
traffic control signs shall conform to Broward County Traffic Engineering (BCTED)
and the 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)
17. All pavement markings shall be alkyd -based thermoplastic and fully retro-
reflectorized, per BCTED specifications with the exception of parking stall striping.
(Engineering)
18. Provide Maintenance of Traffic (MOT) Plan by a licensed General
Contractor/Professional Engineer in the State of Florida (if applicable). (Engineering)
19. Detailed and complete engineering plans shall be required at the time of the Building
and ROW permit review. (Engineering)
20. Provide utility piping conflict details plan, along with documentation to demonstrate
acceptability of the separation between water, sanitary, storm -water service lines, etc.
(Engineering)
21. Show also all existing and proposed utilities on the landscaping plans for potential
conflicts. (Engineering)
22. 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)
4 RESOLUTION #2023-
23. 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, Florida Department of
Transportation (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 6. That pursuant to Section 635-100 "Expiration of Site Plans" of the Land
Development Code, the Site Plan (SP-65-22), Design Variation Applications (OT-066-22, OT-067-
22, OT-061-23, OT-063-23, OT-064-23 and OT-72-23), and Variances (VA-058-23 and VA-062-
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.
Section 7. 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 8. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 9. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on N cem�r 1� , 2023.
Motion by �IA��tt� , second by ftoy lssrc e r Th\1os
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen_
Mayor Archibald J. Ryan IV T
SIGNATURES ON FOLLOWING PAGE
RESOLUTION #2023- 1�
CITY CLERK
M:GN•M\IA--
RESOLUTION #2023-] q 6
EXHIBIT A
LEGAL DESCRIPTION
THE EAST 60.00 FEET OF THE WEST 120.00 FEET OF THE NORTH 160.00 FEET OF THE
NORTHWEST '/4 OF THE NORTHEAST'/4 OF THE NORTHWEST'/4 OF THE NORTHWEST
1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY,
FLORIDA. LESS THE FOLLOWING:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID EAST 60.00 FEET,
AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH
LINE OF SAID SECTION 3; THENCE NORTH 87°52'07" EAST ON AN
ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 60.00 FEET;
THENCE SOUTH 01016'14" EAST, ALONG THE EAST LINE OF THE SAID EAST 60.00
FEET, A DISTANCE OF 18.97 FEET TO A POINT ON A CURVE CONCAVE TO THE
NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS
SOUTH 01011'32" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 00026'49" AN ARC DISTANCE OF 60.00 FEET TO THE SAID WEST
LINE OF THE SAID EAST 60.00 FEET; THENCE NORTH 01°16'14" WEST ALONG THE
SAID WEST LINE A DISTANCE OF 17.76 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THE EAST 40.00 FEET OF THE WEST 160.00 FEET OF THE NORTH 160.00 FEET OF THE
NORTHWEST '/4 OF THE NORTHEAST'/4 OF THE NORTHWEST '/4 OF THE NORTHWEST
1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY,
FLORIDA LESS THE FOLLOWING:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SAID EAST 40.00
FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF SAID SECTION 3, THENCE NORTH 87052'07" EAST ON AN ASSUMED
BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 40.00 FEET TO THE
EAST LINE OF THE SAID EAST 40.00 FEET; THENCE SOUTH 01 °16' 14" EAST ALONG
THE SAID EAST LINE A DISTANCE OF 19.53 FEET TO A POINT ON A CURVE CONCAVE
TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT
BEARS SOUTH 01029'25" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 00017'53" AN ARC DISTANCE OF 40.00 FEET TO THE SAID
WEST LINE OF THE SAID EAST 40.00 FEET; THENCE NORTH 01016'14" WEST ALONG
SAID WEST LINE A DISTANCE OF 18.97 FEET TO THE POINT
OF BEGINNING.
7 RESOLUTION #2023-tq5
PARCEL 3:
THE NORTH 185.00 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE
42 EAST, BROWARD COUNTY, FLORIDA LESS THE WEST 160.00 FEET; LESS THE
NORTH 35.00 FEET AND LESS THE EAST 30.00 FEET THEREOF; SAID TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST/4
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 3, AND 30.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 3;
THENCE RUN SOUTH 00053'00" WEST PARALLEL TO THE EAST LINE OF THE
NORTHWEST 1/4 IF THE NORTHEAST'/4 OF THE NORTHWEST'/4 OF THE NORTHWEST
1/4 OF SAID SECTION 3 FOR 150.00 FEET TO A POINT; THENCE RUN WEST PARALLEL
TO THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 3 FOR 147.18 FEET TO A
POINT; THENCE RUN NORTH 00°49'34" EAST PARALLEL TO THE WEST LINE OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 3 FOR 150.00 FEET TO POINT; THENCE RUN EAST PARALLEL TO
THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 3 FOR 147.33 FEET TO THE
POINT OF BEGINNING.
LESS AND EXPECT PROPERTY CONVEYED TO BROWARD COUNTY BY WARRANTY
DEED RECORDED IN OFFICIAL RECORDS BOOK 9270, PAGES 339� AND 343, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
8 RESOLUTION #2023-111741':�-
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Legend
Parcels
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Boundary Q 1,000 ft Buffer
501 Stirling Road
REQUEST:
�~ _Ter Site plan for the construction of
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for warehouse
and
{ showroom use.
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APPLICANT:
City of Dania Beach
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Date:9/21/2023 IT Florida Technical Consultants