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WHEREAS, the
City Code of Ordinances, Chapter 28, entitled “Land Development Code” (the
“LDC”), Part 6, “Development Review Procedures and Requirements,” Article
635, entitled “Site Plans”, states that site plan approval is required as a
condition to the issuance of a building permit; and
WHEREAS, Leigh Robinson Kerr &
Associates, Inc., on behalf of the property owner, Griffin Commercial Center,
LLC (“Applicant”), is requesting site plan approval to allow the construction
of two new industrial buildings totaling 83,674 square feet and the retention
of one existing industrial building totaling 12,100 square feet to be located
at 4600-4607 Southwest 44th Avenue in the City of Dania Beach,
Florida as legally described in Exhibit “A”; and
WHEREAS, Part 6 of the Dania Beach LDC, Article
625, entitled “Variances”, Section 625-40 states that the City Commission may
grant a variance based on its determination that the Applicant has
demonstrated that the criteria identified in the LDC have been satisfied; and
WHEREAS, the Applicant has requested variance
relief (VA-126-15) from LDC Section 115-50(2)(e) which requires the
architectural treatment of a building to resemble an office building; and
WHEREAS, the Applicant has requested variance
approval (VA-23-16) to provide an eight foot, nine inch by eighteen foot
(8’9”x18’) parking space dimension along the eastern property line and an
eight foot, eight inch by eighteen foot (8’8”x18’) parking space dimension
for the remaining spaces where a nine foot by eighteen foot (9’x18’) sparking
space dimension is required, per LDC Section 265-20(A); and
WHEREAS, the Applicant has requested variance
approval (VA-26-16) to provide parking spaces with direct access to a street
where indirect access is required, per LDC Section 265-110(A) and a fifteen
(15) foot drive aisle behind ninety-degree parking spaces where a twenty-four
(24) foot aisle is required per LDC Section 265-100(C)(1); and
WHEREAS, the Applicant has requested variance
approval (VA-27-16) to provide zero (0) off-street loading spaces where four
(4) off-street loading spaces are required, per LDC Section 270-20; and
WHEREAS, the Applicant has requested variance
approval (VA-28-16) to vary the perimeter buffer landscape requirements for
vehicular use areas (VUA) per LDC Section 275-90(C) as follows: to allow less
than five (5) feet of landscaping between the VUA and abutting property where
five (5) feet is required; to allow zero (0) trees on the west perimeter of
Parcel A between the VUA and abutting property where twenty-three (23) trees
are required; to allow zero (0) trees on the south perimeter of Parcel B
between the VUA and abutting property where two (2) trees are required; and
to allow a hedge three (3) feet from the VUA where five (5) feet is required;
and
WHEREAS, the Applicant has requested variance
approval (VA-29-16) to vary the interior landscape requirements for a VUA per
LDC Section 275-100 as follows: to allow an intermediate landscape peninsula
dimension of four (4) feet wide by thirteen (13) feet deep (4’ x 13’) where
eight (8) feet wide by fifteen (15) feet deep (8’ x 15’) is required by LDC
Section 275-100(C)(1); to allow a terminal landscape peninsula of three (3)
feet, eight (8) inches wide by seventeen (17) feet deep (3’8” x 17’) where
ten feet by eighteen feet (10’ x 18’) is required by LDC Section 275-100(D);
to allow zero (0) trees in intermediate and landscape peninsulas where LDC
Section 275-100(C) and (D) require two (2) trees or one (1) for intermediate
islands if the size of the tree and island are enlarged; and to allow less
than five (5) feet of landscaping between the VUA and the buildings on
Parcels A and B where five (5) feet is required by LDC Section 275-100(E);
and
WHEREAS, the Applicant has requested variance
approval (VA-30-16) to vary the requirements for perimeter buffer landscaping
between an industrial use and residential property as follows: to provide a
minimum depth of five (5) feet of perimeter buffer where a minimum of ten
feet is required and to provide a wall at a property line where five feet
from a property line is required, per LDC Section 275-110(D); and
WHEREAS, the Applicant has requested variance
approval (VA-31-16) to allow zero (0) percent planting area at the façade of
Buildings A, B, and C where the code requires twenty (20) percent of the
front façade of the building be planted, per LDC Section 275-170(A); and
WHEREAS, the Applicant has requested variance
approval (VA-32-16) to provide a dumpster enclosure eight feet from the
residential east property line where ten feet is required, per LDC Section
290-70(G); and
WHEREAS, the Applicant has requested variance
approval (VA-33-16) to provide two signs totaling 180 square feet where one
sign at 32 square feet is permitted, per LDC Section 505-410(M)(1); to
provide both a wall and a monument sign where only one wall sign in lieu of a
monument sign is permitted, per LDC Section 505-410(M)(1); and to provide a
three foot maximum sign height where a ten-inch maximum sign height is
required, per LDC Section 505-100(c) and 505-40(A)(2)(c); and
WHEREAS, Part 2 of the Dania Beach LDC, “Site
Development Regulations,” Article 215 “Impervious Area Standards,” Section
215-130 states that the City Commission may grant a waiver to impervious area
standards based on its determination that the petitioner has demonstrated
that the criteria identified in the LDC have been satisfied; and
WHEREAS, the Applicant has requested a waiver of
the maximum impervious area standard (OT-08-16) of eighty (80) percent and to
permit a maximum impervious area of 85 (85) percent, per LDC Section
215-130(A); and
WHEREAS, staff recommended approval of the proposed
Site Plan (SP-125-15), Variances (VA-126-15), (VA-23-16), (VA-26-16),
(VA-27-16), (VA-28-16), (VA-29-16), (VA-30-16), (VA-31-16), (VA-32-16) and
(VA-33-16), and Waiver of Site Development Regulations (OT-008-16) in its
report dated March 22, 2016; 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 there are
circumstances peculiar to the site or the intended use that makes compliance
with the above referenced industrial design standards and requirements
impractical; and
WHEREAS, the City Commission finds that the
approval of the proposed Site Plan (SP-125-15), Variances (VA-126-15),
(VA-23-16), (VA-26-16), (VA-27-16), (VA-28-16), (VA-29-16), (VA-30-16),
(VA-31-16), (VA-32-16) and (VA-33-16), and Waiver of Site Development
Regulations (OT-008-16) will protect the public health, safety, and welfare
of the residents of the City, and furthers the purpose, goals, objectives and
policies of the City Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing “WHEREAS” clauses
are ratified and confirmed as being true and correct and they are made a
specific part of this Resolution.
Section 2. Pursuant to Chapter 28
“Land Development Code,” Part 6 “Development Review Procedures and
Requirements,” Article 635 “Site Plans,” the following Site Plan (SP-125-15),
attached as Exhibit “B,” which is made a part of and incorporated into this
Resolution by this reference, is approved.
Section 3. Pursuant to Chapter 28
“Land Development Code,” Part 6 “Development Review Procedures and
Requirements,” Article 625 “Variances,” the applications for Variances
(VA-126-15), (VA-23-16), (VA-26-16), (VA-27-16), (VA-28-16), (VA-29-16),
(VA-30-16), (VA-31-16), (VA-32-16), and (VA-33-16) are approved.
Section 4. Pursuant to Chapter 28
“Land Development Code,” Part 2 “Site Development Regulations,” Article 215
“Supplemental Regulations for Yards, Lot Coverage, Impervious Area and Open
Space,” the request for a waiver of the impervious area standard is approved.
Section 5. The approvals granted by this
Resolution are subject to the Applicant’s compliance with the following
conditions:
1. The Applicant shall obtain 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,
Florida 33315, (954-359-6100).
2. The Applicant shall revise Sheet OSP to
correctly identify that the pervious area standard for Industrial property is
twenty (20) percent.
3. The Applicant shall revise plans to provide the
north elevation of building three (3).
Section 6. Failure to adhere to the
terms and conditions of approval above shall be considered a violation of the
City Code and persons found violating the conditions shall be subject to the
penalties prescribed by the City Code, including but not limited to, the
revocation of the approvals granted by this Resolution. The Applicant
understands and acknowledges that it must comply with all other applicable
requirements of the City before it may commence construction or operation,
and this Resolution may be revoked by the City Commission at any time upon a
determination that Applicant is not in compliance with the City Code.
Section 7. Pursuant to Section
635.100 “Expiration of Site Plans” of the Land Development Code, the Site
Plan (SP-125-15), Variances (VA-126-15), (VA-23-16), (VA-26-16), (VA-27-16),
(VA-28-16), (VA-29-16), (VA-30-16), (VA-31-16), (VA-32-16) and (VA-33-16) and
Waiver (OT-008-16) approvals 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 8. 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 9. That all resolutions or
parts of resolutions in conflict with this Resolution are repealed to the
extent of such conflict.
Section 10. That this Resolution shall
be in force and take effect immediately upon its passage and adoption.
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