PLANNING REPORT - Davie, FL

27
TOWN OF DAVIE PLANNING & ZONING DIVISION 6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 www.davie-fl.gov Planning_Report_V20-065, V20-148, V20-149 Murphy Express Pg. 1 of 4 PLANNING REPORT Project Type Number and Name Variance V20-065, V20-148, and V20-149 Murphy Express Application Petitioner/Representative Murphy Oil, USA/CPH Inc. Owner BD University, LLC Project Planner Debbie Thomas Date of Report 01/04/21 Date of Public Participation 08/31/20 (Posted Online for 21 Days) Date of Public Notification 12/29/20 Date of Board Review 01/12/21 Date of Town Council Review 02/17/21 Location/Site Folio/Identification Number 5041-33-12-0013 Address (General Location) 5999 S. University Drive Nearest North/South Road University Drive Nearest East/West Road Stirling Road Size (Approx. Acres) 0.95 Acres Existing Use Vacant Future Land Use Commercial Zoning Community Business (B-2) District Council District 2 Redevelopment Area N/A Overlay District N/A Design Regulation N/A Planning Area 10 Right-of-way Acquisition N/A Utilities Provider Davie Drainage District Central Broward Water Control District (CBWCD) Nearby Equestrian Trail N/A Nearby Recreational Trail N/A Nearby Park N/A Nearby Bus Route N/A Key Points There are 3 variances being proposed: o Variance V20-065 would allow the use of a gas station on a 0.98 acre site (Town Code requires a minimum lot size of 1 acre). o Variance V20-148 would allow 7 accent trees and 0 canopy trees within landscape buffer adjacent to the east property line (Town Code requires a total of 2 accent trees and 5 canopy trees for the eastern landscape buffer). o Variance V20-149 would allow 10.2% open space and 7 trees within the

Transcript of PLANNING REPORT - Davie, FL

Page 1: PLANNING REPORT - Davie, FL

TOWN OF DAVIE PLANNING & ZONING DIVISION

6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 www.davie-fl.gov

Planning_Report_V20-065, V20-148, V20-149 Murphy Express Pg. 1 of 4

PPLLAANNNNIINNGG RREEPPOORRTT

Project Type Number and Name Variance V20-065, V20-148, and V20-149 Murphy Express

Application Petitioner/Representative Murphy Oil, USA/CPH Inc. Owner BD University, LLC Project Planner Debbie Thomas Date of Report 01/04/21 Date of Public Participation 08/31/20 (Posted Online for 21 Days) Date of Public Notification 12/29/20 Date of Board Review 01/12/21 Date of Town Council Review 02/17/21

Location/Site Folio/Identification Number 5041-33-12-0013 Address (General Location) 5999 S. University Drive Nearest North/South Road University Drive Nearest East/West Road Stirling Road Size (Approx. Acres) 0.95 Acres Existing Use Vacant Future Land Use Commercial Zoning Community Business (B-2) District Council District 2 Redevelopment Area N/A Overlay District N/A Design Regulation N/A Planning Area 10 Right-of-way Acquisition N/A Utilities Provider Davie Drainage District Central Broward Water Control District (CBWCD) Nearby Equestrian Trail N/A Nearby Recreational Trail N/A Nearby Park N/A Nearby Bus Route N/A

Key Points

• There are 3 variances being proposed: o Variance V20-065 would allow the use of a gas station on a 0.98 acre site

(Town Code requires a minimum lot size of 1 acre). o Variance V20-148 would allow 7 accent trees and 0 canopy trees within

landscape buffer adjacent to the east property line (Town Code requires a total of 2 accent trees and 5 canopy trees for the eastern landscape buffer).

o Variance V20-149 would allow 10.2% open space and 7 trees within the

Page 2: PLANNING REPORT - Davie, FL

TOWN OF DAVIE PLANNING & ZONING DIVISION

6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 www.davie-fl.gov

Planning_Report_V20-065, V20-148, V20-149 Murphy Express Pg. 2 of 4

vehicular use area (“VUA”) (Town Code requires 15% open space and 9 trees within the proposed VUA).

• The property is located at the northwestern corner of University Drive and Stirling Road.

• There are other applications associated with this project including a site plan. • The application has been reviewed by the Development Review Committee (DRC) and

there are no objections. History

• Previous Requests: o Plat P03-03-84 Stirling Trail West – A request to approve a boundary plat of

17.6 acres on the northwest corner of University Drive and Stirling Road approved through Resolution R-84-159.

o Site Plan SP05-01-84 Stirling Trail West – A request to approve a preliminary master plan for a shopping center including 58,000 sf. of retail space and 73,690 sf. for a grocery store.

o Site Plan SP04-04-85 Stirling Trail West/University Creek – A request to approve the final master site plan consisting of 60,000 sf. of commercial space and 73,000 sf. for a grocery store.

o Site Plan SP07-07-94 Miami Subs – A site plan request to develop a 3,640 sf. fast food restaurant approved on September 21, 1994.

o Site Plan SP02-06-95 Miami Subs – A site plan modification request to revise previously approved building elevations approved on March 7, 1995.

o Site Plan SP10-07-02 Regions Bank – A site plan request to develop a 3,820 sf. bank approved February 4, 2009.

• Concurrent Requests: o Site Plan SP20-064 Murphy Express – A request to develop a gas station with

16 pumps and a 2,800 sf. convenience store. o Delegation DG20-180 Murphy Express – A request to modify the non-

vehicular access line (NVAL) along University Drive as shown on the plat. o Delegation DG20-237 Murphy Express – A request to modify the language on

the plat restricting the access onto University Drive from “right-in only” to “right-in/right-out”.

Analysis The following Staff analysis (italic font) based on the criteria established in the Town of Davie Code of Ordinances, Sec. 12-309(B)(1) for Variance applications. a. There are special circumstances or conditions applying to the land or building for which

the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for any person having an interest in the property. V20-065 (lot size): There are no special circumstances applying to the land for which the

Page 3: PLANNING REPORT - Davie, FL

TOWN OF DAVIE PLANNING & ZONING DIVISION

6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 www.davie-fl.gov

Planning_Report_V20-065, V20-148, V20-149 Murphy Express Pg. 3 of 4

variance is being sought. While the original boundary plat (recorded 04-23-85) required right-of-way (ROW) dedications along University Drive and Stirling Road, the subject parcel was not created at the time of the plat. Therefore, the referenced land dedications did not create a specific lot size constraint within the plat. There are also other uses permitted in the B-2 District that could be approved on the subject lot without a lot size variance. V20-148 (eastern landscape buffer): There is a special circumstance applying to the land for which the variance regarding the number of trees in the eastern landscape buffer is being requested. The eastern property boundary has a 20 ft. drainage easement running through the middle of the 30 ft. landscape buffer. Since the Drainage District does not typically allow trees within this easement, the Applicant would have to provide the required trees within 5 ft. on both sides of the drainage easement. As a result, not all required trees are able to fit within these limitations. V20-149 (vehicular use area): There are no special circumstances or conditions applying to the property that would warrant a variance for the open space and number of trees required within the VUA as the size of the proposed structures could be modified to increase the percentage of open space.

b. The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose. V20-065 (lot size): The granting of this variance is not necessary for the reasonable use of the land or building as there are other uses permitted in the B-2 District that could be approved on the subject lot without a lot size variance. V20-148 (eastern landscape buffer): The granting of this variance is not necessary for the reasonable use of the land or building as the site is vacant and could be designed to allow for a larger landscape buffer to meet the current code requirements. V20-149 (vehicular use area): The granting of the variance is not required for the reasonable use of land or building as the site is vacant and could be designed to allow for more open space within the VUA.

c. That granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. V20-065 (lot size): Granting the variance is not expected to be detrimental or injurious to the public welfare as the use is consistent with the uses allowed in the B-2 District and the neighboring uses. V20-148 (eastern landscape buffer): Granting the variance is not expected to be detrimental or injurious to the public welfare. An increase of accent trees is being proposed to compensate for the required number of canopy trees in order to appear to be

Page 4: PLANNING REPORT - Davie, FL

TOWN OF DAVIE PLANNING & ZONING DIVISION

6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 www.davie-fl.gov

Planning_Report_V20-065, V20-148, V20-149 Murphy Express Pg. 4 of 4

consistent with the landscape requirements along University Drive. V20-149 (vehicular use area): Granting the variance is not expected to be detrimental or injurious to the public welfare.

Recommendations Staff finds the application complete and suitable for further review.

Attachments

1. Petitioner Documentation 2. Related Maps 3. Noticing Information

Page 5: PLANNING REPORT - Davie, FL

Murphy Express

Northwest Corner of Stirling Road & University Drive

Variance Criteria Statement

Murphy Oil USA, Inc. (“Petitioner”) is the developer of the +/-0.95 acre parcel, generally located on the

northwest corner of Stirling Road and University Drive (“Property”) within the Town of Davie (“Town”).

The Property is designated as Commercial on the Town’s Future Land Use Map and zoned B-2,

Commercial on the Town’s Zoning Map. The Property is currently vacant. Petitioner proposes to

redevelop the Property with a vibrant +/-2,824 square foot Murphy Express convenience store and gas

station with eight (8) fuel pumps and sixteen (16) fueling positions (“Project”). The Project seeks to

redevelop this underutilized lot with a vibrant commercial use that will serve the community. The

proposed Project is an ideal use for this Property as it lies at the intersection of two (2) major

commercial corridors within the Town and away from residential uses. It is also compatible with

development in the adjacent areas with the restaurant immediately to the north, the variety of

commercial uses contained within the University Creek Plaza to the west and Lakeside Town Shops

commercial center to the east, and the Aldi Food Market to the south. Further, it provides access to

both I-595 via University Drive and the Turnpike via Griffin Road, making it an ideal location for a vibrant

commercial use that can be easily accessible from major thoroughfares. The Project will help satisfy a

community need and is compatible with surrounding commercial development. It will also expand the

economic base of the Town by adding to the commercial sector of its economy, creating both temporary

jobs during the construction phase and long term jobs with the added employer that will come to the

Town as a result of this Project.

The Project will meet all applicable development standards for the B-2 zoning district, including height,

setbacks, pervious area and building coverage. The Project will also meet applicable standards for the

proposed use, with the exception of the minimum 43,560 square foot lot requirement under Section 12-

34(Y)(1) of the Town’s Code of Ordinances (“Code”), as the Property falls short by 2,127 square feet.

The Property is part of the Stirling Trails West Plat, as recorded in plat book 123, Page 11 of the public

records of Broward County, Florida (“Plat”). Although the parcel initially met the requirements, as part

of the platting process, a significant amount of the Property was required to be dedicated for

thoroughfare, including a twenty six foot (26’) wide dedication along Stirling Road and a twenty eight

foot (28’) wide dedication along University Drive. This resulted in a loss of over 9,172 square feet from

the Property. This includes a significant area of green space that remains along University Drive before

reaching the vehicular drive aisles. Because of this dedication, the lot is now legally non-conforming and

is just shy of the minimum lot requirements Section 12-34(Y)(1). Despite the 2,127 square foot shortfall,

the Project is still able to provide for safe pedestrian and vehicular circulation throughout the Project,

meet landscape requirements and provide this use that will help serve the needs of the community. As

such, in order to develop the Project, Petitioner respectfully requests the following variance:

Submitted: April 14, 2020

Page 6: PLANNING REPORT - Davie, FL

Variance from Section 12-34(Y)(1) to allow motor fuel pumps on a 41,433 square foot lot in lieu of

43,560 square foot lot required (“Variance”)

In support of the Variance, Petitioner will demonstrate compliance with the criteria stated in Section 12-

309(B)(1) of the Town’s Code as follows: (1) there are special circumstances or conditions applying to

the Property, which circumstances or conditions are peculiar to the Property and do not apply generally

to land or buildings in the same district, and that said circumstances or conditions are such that the

strict application of the provisions of this chapter would deprive Petitioner of the reasonable use of the

Property, and that alleged hardship is not self-created by any persons having an interest in the Property;

(2) granting the Variance is necessary for the reasonable use of Property and that the Variance is the

minimum necessary to accomplish this purpose; and (3) granting the Variance is in harmony with the

general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise

detrimental to the public welfare.

(1) There are special circumstances or conditions applying to the Property, which circumstances or

conditions are peculiar to the Property and do not apply generally to land or buildings in the same

district, and said circumstances or conditions are such that the strict application of the provisions of this

chapter would deprive Petitioner of the reasonable use of the Property, and the alleged hardship is not

self-created by any persons having an interest in the Property.

There are special circumstances applying to the Property which do not generally apply to properties in

the same zoning district. As previously noted, as part of the platting process, a significant amount of the

Property was required to be dedicated for thoroughfare, including a twenty six foot (26’) wide

dedication along Stirling Road and a twenty eight foot (28’) wide dedication along University Drive. This

resulted in a loss of over 9,172 square feet from the Property. This includes a significant area of green

space that remains along University Drive before reaching the vehicular drive aisles. Because of this

dedication, the lot is now just shy of the minimum lot size requirements Section 12-34(Y)(1). Although

other parcels along University Drive or Stirling Road required some dedication, as this is a corner lot at a

main commercial intersection a significant dedication was required both along the east and south sides

of the Property, significantly reducing its lot size. Despite the 2,127 square foot shortfall, the Project is

still able to provide for safe pedestrian and vehicular circulation throughout the Project, meet landscape

requirements and other development standards for the B-2 district, and provide this use that will help

serve the needs of the community. Further, because of the required Plat dedications, this lot is a legally

non-conforming and substandard lot for the B-2 zoning district. Most other lots within this district meet

the 52,500 square foot minimum lot requirements for this district, and would therefore meet the

requirements under Section 12-34(Y)(1). Because of the large dedication required along both Stirling

Road and University Drive, the Property is substandard and legally non-conforming for the minimum lot

size required in the B-2 district, making it undesirable for most commercial uses otherwise permitted

within the B-2 district, which is partially the reason why it remains vacant today. Petitioner is proposing

to redevelop the Property with a viable commercial use, while meeting all other development standards

for the district. Because the lot is substandard and legally non-conforming, strict application of Section

12-34(Y)(1) will deprive the Petitioner of the reasonable use of the Property. This hardship is not self-

created as Petitioner is simply trying to develop the Property with a new and vibrant use and did not

Page 7: PLANNING REPORT - Davie, FL

plat the Property or otherwise require the dedication of a significant portion of the Property for

thoroughfare.

(2) Granting the Variance is necessary for the reasonable use of Property and the Variance is the

minimum necessary to accomplish this purpose.

Granting the Variance is necessary for the reasonable use of the Property. As noted above, because of

the dedications, this lot is a legally non-conforming and substandard lot for the B-2 zoning district. Most

other lots within this district meet the 52,500 square foot minimum lot requirements for this district,

and would therefore meet the requirements under Section 12-34(Y)(1). Because this lot is legally non-

conforming and substandard, it makes it undesirable for most commercial uses otherwise permitted

within the B-2 district, which is partially the reason why it remains vacant today. For example, athletic

clubs and gyms, art galleries, banks, bingo establishments, bowling/skating facilities, dance halls, game

rooms and arcades, medical clinics, mortuaries, movie theatres, offices, pharmacies, plant nurseries,

pool rooms, repair shops, fast food and other restaurants, and wholesale facilities make up the vast

majority of the permitted uses within the B-2 district and all such uses would require larger lots to

accommodate the use, vehicular and pedestrian circulation, parking and meet the other applicable

development standards for the B-2 district. Petitioner is proposing to redevelop the Property with a

viable commercial use, while meeting all other development standards for the district, despite the lot

being legally non-conforming. As the lot size does not meet the minimum requirements for the B-2

district, development of the Property with most of the uses otherwise permitted would be challenging.

The Variance request is for only a 2,127 square foot shortfall and is the minimum necessary to

accomplish the reasonable use of the Property.

(3) Granting the Variance is in harmony with the general purpose and intent of this chapter and is not

injurious to the neighborhood or otherwise detrimental to the public welfare.

Granting the Variance is in harmony with the general purpose of the chapter and is not injurious to the

neighborhood. The B-2, Community Business, District is intended to implement the commercial

designation of the Town’s Comprehensive Plan by providing for a business area to service the shopping

and limited service needs of several neighborhoods or the local community. Retail stores are intended

to include convenience, fashion and durable goods. Granting the Variance is in harmony with this

purpose as it will provide for a community need and the retail sales of convenience items. The Project is

also compatible with development in the adjacent areas with the restaurant immediately to the north,

the variety of commercial uses contained within the University Creek Plaza to the west and Lakeside

Town Shops commercial center to the east, and the Aldi Food Market to the south. Further, it provides

access to both I-595 via University Drive and the Turnpike via Griffin Road, making it an ideal location for

a vibrant commercial use that can be easily accessible from major thoroughfares. The Project will help

satisfy a community need and is compatible with surrounding commercial development. Further, the

Project will provide for safe vehicular and pedestrian connections, safe access from the major

thoroughfares and a use that is needed to support the community. As such, the Variance is in harmony

with the general purposes of the Town’s current Land Development Code and is not injurious to the

neighborhood or otherwise detrimental to the public welfare.

Page 8: PLANNING REPORT - Davie, FL

Murphy Express

Northwest Corner of Stirling Road & University Drive

Variance Criteria Statement

Murphy Oil USA, Inc. (“Petitioner”) is the developer of the +/-0.95 acre parcel, generally located on the

northwest corner of Stirling Road and University Drive (“Property”) within the Town of Davie (“Town”).

The Property is designated as Commercial on the Town’s Future Land Use Map and zoned B-2, Commercial

on the Town’s Zoning Map. The Property is currently vacant. Petitioner proposes to redevelop the

Property with a vibrant +/-2,824 square foot Murphy Express convenience store and gas station with eight

(8) fuel pumps and sixteen (16) fueling positions (“Project”). The Project seeks to redevelop this

underutilized lot with a vibrant commercial use that will serve the community. The proposed Project is

an ideal use for this Property as it lies at the intersection of two (2) major commercial corridors within the

Town and away from residential uses. It is also compatible with development in the adjacent areas with

the restaurant immediately to the north, the variety of commercial uses contained within the University

Creek Plaza to the west and Lakeside Town Shops commercial center to the east, and the Aldi Food Market

to the south. Further, it provides access to both I-595 via University Drive and the Turnpike via Griffin

Road, making it an ideal location for a vibrant commercial use that can be easily accessible from major

thoroughfares. The Project will help satisfy a community need and is compatible with surrounding

commercial development. It will also expand the economic base of the Town by adding to the commercial

sector of its economy, creating both temporary jobs during the construction phase and long term jobs

with the added employer that will come to the Town as a result of this Project.

The Project will meet all applicable development standards for the B-2 zoning district, including height,

setbacks, pervious area and building coverage. The Property is part of the Stirling Trails West Plat, as

recorded in plat book 123, Page 11 of the public records of Broward County, Florida (“Plat”). Although

the parcel initially met minimum lot size requirements, as part of the platting process, a significant amount

of the Property was required to be dedicated for thoroughfare, including a twenty six foot (26’) wide

dedication along Stirling Road and a twenty eight foot (28’) wide dedication along University Drive. This

resulted in a loss of over 9,172 square feet from the Property. As a result, the lot is legally nonconforming.

This undersized lot also includes a significant area of green space that remains along University Drive

before reaching the vehicular drive aisles. Due to the size constraints of the Property, the Project proposes

to reduce the vehicular use area requirements of Section 12-112 from fifteen (15) percent to ten point

two (10.2) percent.

In addition to the variance noted above, the Project is unable to meet certain landscape requirements

due to the easement required by the Central Broward Water Control District (“CBWCD”). More

specifically, the CBWCD easement is a twenty foot (20’) easement that runs along the middle of the thirty

foot (30’) buffer that runs along the eastern boundary of the Property. This leaves five feet (5’) of green

space on either side of the easement for plantings. Unfortunately, a retaining wall runs along the western

edge of the buffer which will inhibit plantings of large canopy trees and negatively impact their ability to

Submitted December 7, 2020

Page 9: PLANNING REPORT - Davie, FL

survive in this area. On the eastern edge of this landscape buffer run FPL wires that also impact the

plantings of the required canopy trees, as FPL will not allow such large trees to be planted beneath their

overhead wires. Although the required number of canopy trees cannot be accommodated within this

easement due to the reasons set forth above, additional shade trees have been planted in their place, as

these are permitted beneath the overhead wires.

As such, in order to develop the Project, Petitioner respectfully requests the following variance:

Variance from Section 12-112 to allow ten point two (10.2) percent of interior open space in lieu of

fifteen (15) percent required and to provide seven (7) trees in lieu of nineteen (19) trees required.

Variance from Section 12-111(D)(5)(b) to allow seven (7) accent trees and zero (0) canopy trees in lieu of

two (2) accent trees and five (5) canopy trees required.

In support of the Variance, Petitioner will demonstrate compliance with the criteria stated in Section 12-

309(B)(1) of the Town’s Code as follows: (1) there are special circumstances or conditions applying to the

Property, which circumstances or conditions are peculiar to the Property and do not apply generally to

land or buildings in the same district, and that said circumstances or conditions are such that the strict

application of the provisions of this chapter would deprive Petitioner of the reasonable use of the

Property, and that alleged hardship is not self-created by any persons having an interest in the Property;

(2) granting the Variance is necessary for the reasonable use of Property and that the Variance is the

minimum necessary to accomplish this purpose; and (3) granting the Variance is in harmony with the

general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise

detrimental to the public welfare.

Variance from Section 12-112 to allow ten point two (10.2) percent of interior open space in lieu of fifteen

(15) percent required and to provide seven (7) trees in lieu of nineteen (19) trees required.

(1) There are special circumstances or conditions applying to the Property, which circumstances or

conditions are peculiar to the Property and do not apply generally to land or buildings in the same district,

and said circumstances or conditions are such that the strict application of the provisions of this chapter

would deprive Petitioner of the reasonable use of the Property, and the alleged hardship is not self-created

by any persons having an interest in the Property.

There are special circumstances applying to the Property which do not generally apply to properties in the

same zoning district. There are special circumstances applying to the Property which do not generally

apply to properties in the same zoning district. As previously noted, the Property is part of the overall

shopping center located at the northwest corner of University Drive and Stirling Road. As it was developed

as part of the shopping center and not as a separate parcel, this lot, when standing on its own, is a legally

non-conforming and substandard lot for the B-2 zoning district. Because of the size constraints of this

existing parcel, development of the Property with any commercial use poses significant issues, where

most other lots within this district meet the 52,500 square foot minimum lot requirement. As the Property

is substandard and legally non-conforming for the minimum lot size required in the B-2 district, it makes

it undesirable for most commercial uses otherwise permitted within the B-2 district, which is partially the

Page 10: PLANNING REPORT - Davie, FL

reason why it remains vacant today. Petitioner is proposing to redevelop the Property with a viable

commercial use, while meeting all other development standards for the district. Due to the undersized

nature of this lot, it is difficult for any commercial development to meet all development standards and

provide for safe vehicular and pedestrian circulation. As such, Petitioner is proposing to reduce the

vehicular use area landscaping from fifteen (15) percent to ten point two (10.2) percent. This results in a

vehicular use area of two thousand five hundred fourteen (2,514) square feet in lieu of three thousand six

hundred eighty six (3,686) square feet required. Due to this reduction in landscape area, there is a

resulting decrease in the number of trees that can be provided internal to the site. Petitioner is still

proposing to provide attractive landscaping where feasible, including along the University Drive and

Stirling Road corridors, which will significantly enhance the appearance of the Property. Because the lot

is substandard and legally non-conforming, strict application of this section will deprive the Petitioner of

the reasonable use of the Property. This hardship is not self-created as Petitioner is simply trying to

develop the Property with a new and vibrant use and did not create any condition that resulting in the

undersized nature of this lot.

(2) Granting the Variance is necessary for the reasonable use of Property and the Variance is the minimum

necessary to accomplish this purpose.

Granting the Variance is necessary for the reasonable use of the Property. As noted above, this lot is a

legally non-conforming and substandard lot for the B-2 zoning district. Most other lots within this district

meet the 52,500 square foot minimum lot requirements for this district. Because this lot is legally non-

conforming and substandard due to the right-of-way takings, it makes it undesirable for most commercial

uses otherwise permitted within the B-2 district, which is partially the reason why it remains vacant today.

For example, athletic clubs and gyms, art galleries, banks, bingo establishments, bowling/skating facilities,

dance halls, game rooms and arcades, medical clinics, mortuaries, movie theatres, offices, pharmacies,

plant nurseries, pool rooms, repair shops, fast food and other restaurants, and wholesale facilities make

up the vast majority of the permitted uses within the B-2 district and all such uses would require larger

lots to accommodate the use, vehicular and pedestrian circulation, parking and meet the other applicable

development standards for the B-2 district. Petitioner is proposing to redevelop the Property with a viable

commercial use, while meeting other development standards for the district, despite the lot being legally

non-conforming due to previously required dedications. However, the Project cannot meet the minimum

vehicular use area requirements. While the Project is deficient by one thousand one hundred seventy

two (1,172) square feet, it still provides landscaping where feasible and an attractive mix of trees and

shrubs that will enhance the appearance of the Property along the University Drive and Stirling Road

corridors. As such, the variance is the minimum necessary to accomplish the reasonable use of the

Property.

(3) Granting the Variance is in harmony with the general purpose and intent of this chapter and is not

injurious to the neighborhood or otherwise detrimental to the public welfare.

Granting the Variance is in harmony with the general purpose of the chapter and is not injurious to the

neighborhood. The purpose an intent of the Town’s landscape provisions is to provide standards for

development and maintenance of landscaping that, among other things, encourages creative landscape

Page 11: PLANNING REPORT - Davie, FL

design, construction and management to minimum the potential adverse impacts associated with

adjacent land uses of varying intensities, to provide the physical benefits for using plan material as a

function of sustainability, to provide minimum standards for landscaping new development or for

redevelopment, and to promote water conservation, water quality improvement and vegetation

protection objectives. Granting the Variance is in harmony with this purpose as the Project still seeks to

provide attractive landscaping along the two commercial corridors adjacent to the Property and within

the Property to the extent feasible. The Project proposes reduction of these landscape requirements

internal to the circulation areas, while focusing on providing attractive buffers and landscaping along the

most visible portions of the Property along University Drive and Stirling Road. This variance will also allow

for creative design and safe circulation between the Property and the overall shopping center. As such,

the Variance is in harmony with the general purposes of the Town’s current Land Development Code and

is not injurious to the neighborhood or otherwise detrimental to the public welfare.

Variance from Section 12-111(D)(5)(b) to allow seven (7) accent trees and zero (0) canopy trees in lieu of

two (2) accent trees and five (5) canopy trees required.

(1) There are special circumstances or conditions applying to the Property, which circumstances or

conditions are peculiar to the Property and do not apply generally to land or buildings in the same district,

and said circumstances or conditions are such that the strict application of the provisions of this chapter

would deprive Petitioner of the reasonable use of the Property, and the alleged hardship is not self-created

by any persons having an interest in the Property.

There are special conditions applying to the Property which do not generally apply to other land within

the same zoning district. More specifically, within the thirty foot (30’) perimeter buffer on the east side

of the Property, there are existing FPL overhead lines running along the eastern portion of the perimeter

buffer, a retention wall along the western portion of the perimeter buffer and an existing twenty foot

(20’) CBWCD easement that runs through the center. Unfortunately, a retaining wall runs along the

western edge of the buffer which will inhibit plantings of large canopy trees and negatively impact their

ability to survive in this area. On the eastern edge of this landscape buffer run FPL wires that also impact

the plantings of the required canopy trees, as FPL will not allow such large trees to be planted beneath

their overhead wires. Although the required number of canopy trees cannot be accommodated within

this easement due to the reasons set forth above, additional shade trees have been planted in their place,

as these are permitted beneath the overhead wires.

Further, and as previously noted, the Property is part of the overall shopping center located at the

northwest corner of University Drive and Stirling Road. As it was developed as part of the shopping center

and not as a separate parcel, this lot, when standing on its own, is a legally non-conforming and

substandard lot for the B-2 zoning district. Because of the size constraints of this existing parcel,

development of the Property with any commercial use poses significant issues, where most other lots

within this district meet the 52,500 square foot minimum lot requirement. As the Property is substandard

and legally non-conforming for the minimum lot size required in the B-2 district, it makes it undesirable

for most commercial uses otherwise permitted within the B-2 district, which is partially the reason why it

remains vacant today. Petitioner is proposing to redevelop the Property with a viable commercial use,

while meeting all other development standards for the district. Due to the undersized nature of this lot,

it is difficult for any commercial development to meet all development standards and provide for safe

Page 12: PLANNING REPORT - Davie, FL

vehicular and pedestrian circulation. Despite the size constraints, the Project is able to accommodate the

required thirty foot (30’) buffer along University Drive. However, the Project is unable to increase the size

of the buffer due to these significant size constraints. Further, because of the existing easements and

utilities within the easement as detailed above, the required canopy trees cannot be accommodated.

Petitioner is instead proposing to add shade trees in lieu of the required canopy trees, as these are

permitted beneath the FPL overhead wires.

Because the existing CBWCD easement and overhead powerlines conflict with the majority of the thirty

foot (30’) perimeter buffer and because the lot is substandard and legally non-conforming, strict

application of this section will deprive the Petitioner of the reasonable use of the Property. This hardship

is not self-created as Petitioner is simply trying to develop the Property with a new and vibrant use and

did not create any condition that resulting in the undersized nature of this lot.

(2) Granting the Variance is necessary for the reasonable use of Property and the Variance is the minimum

necessary to accomplish this purpose.

Granting the Variance is necessary for the reasonable use of the Property. As noted above, this lot is a

legally non-conforming and substandard lot for the B-2 zoning district. Most other lots within this district

meet the 52,500 square foot minimum lot requirements for this district and could provide for additional

buffer area to accommodate the required canopy trees. Because this lot is legally non-conforming and

substandard due to the right-of-way takings, it makes it undesirable for most commercial uses otherwise

permitted within the B-2 district, which is partially the reason why it remains vacant today. For example,

athletic clubs and gyms, art galleries, banks, bingo establishments, bowling/skating facilities, dance halls,

game rooms and arcades, medical clinics, mortuaries, movie theatres, offices, pharmacies, plant

nurseries, pool rooms, repair shops, fast food and other restaurants, and wholesale facilities make up the

vast majority of the permitted uses within the B-2 district and all such uses would require larger lots to

accommodate the use, vehicular and pedestrian circulation, parking and meet the other applicable

development standards for the B-2 district. Petitioner is proposing to redevelop the Property with a viable

commercial use, while meeting other development standards for the district, despite the lot being legally

non-conforming due to previously required dedications. However, the Project cannot meet the minimum

canopy tree requirements within the thirty foot (30’) perimeter easement along University Drive due to

the retaining wall and the existing CBWCD easement and overhead FPL powerlines. While the Project

cannot provide the required canopy trees, shade trees are being proposed within this buffer to account

for the reduction in canopy trees, as the shade trees are permitted in close proximity to the FPL overhead

wires. The Project also provides required landscaping and canopy trees to the extent feasible and an

attractive mix of trees and shrubs that will enhance the appearance of the Property along the University

Drive and Stirling Road corridors. As such, the variance is the minimum necessary to accomplish the

reasonable use of the Property.

(3) Granting the Variance is in harmony with the general purpose and intent of this chapter and is not

injurious to the neighborhood or otherwise detrimental to the public welfare.

Page 13: PLANNING REPORT - Davie, FL

Granting the Variance is in harmony with the general purpose of the chapter and is not injurious to the

neighborhood. The purpose an intent of the Town’s landscape provisions is to provide standards for

development and maintenance of landscaping that, among other things, encourages creative landscape

design, construction and management to minimum the potential adverse impacts associated with

adjacent land uses of varying intensities, to provide the physical benefits for using plan material as a

function of sustainability, to provide minimum standards for landscaping new development or for

redevelopment, and to promote water conservation, water quality improvement and vegetation

protection objectives. Granting the Variance is in harmony with this purpose as the Project still seeks to

provide attractive landscaping along the two commercial corridors adjacent to the Property and within

the Property to the extent feasible. The Project proposes the reduction of canopy trees due to the

conflicts with the retaining wall and existing CBWCD easement and FPL overhead power lines, while

focusing on providing attractive shade trees it their place, which will enhance the appearance of the

Property along the University Drive corridor. As such, the Variance is in harmony with the general

purposes of the Town’s current Land Development Code and is not injurious to the neighborhood or

otherwise detrimental to the public welfare.

Page 14: PLANNING REPORT - Davie, FL

STIRLING RD

POB

S U

NIV

ERSI

TY D

R

MURPHY

16'

14'

30' BUFFER

5' UTILITY EASEMENT

10' UTILITY EASEMENT20' BUFFER

20' DE10' BUFFER

138ZP

71EL

8CI

36CI

118CI

15CES

1PS

1ED

1CO

205EL

167EL

156ZP

92ZP

157ZP

2PS

1ED

23CES

1CE

3LI

1QV

1CO

BAHIA

PAVED ACCESS

25'x25' SIGHT TRIANGLE,PER SEC. 12-113

MONUMENT SIGN

FIRE HYDRANT

FIRE HYDRANTCLEARANCE

7.5' FRONT, 4' BACK14' CT

TYPE "D" CURBSREFER TO CIVILPLANS AND DETAILS

LIGHT POLE

LIGHT POLE

LIGHT POLE

LIGHT POLE

16' CT

RELOCATEDPALM #1004

RELOCATEDPALM #1010

RELOCATEDPALM #1022

LIGHT POLE

FPL EASEMENT

40'x40' SIGHT TRIANGLE,PER SEC. 12-113

EXISTING OVERHEADUTILITY LINES

1CE

1CE

11IX

26IX

ROOT BARRIER(TYP.)

ROOT BARRIER(TYP.)

ROOT BARRIER (TYP.)

RELOCATEDPALM #1019

7LI

RELOCATED TREE #1009REFER TO TREERELOCATION NOTE 12,SHEET TR-1

EXISTING TREE (B)BUFFER FOR WEST

PROPERTY LINE

BAHIA

RELOCATEDPALM #1011

248EL

508EL

15MF

SOD

320EL

182MC

168MC

411MC

45IX

34CM

24CM

14CM

18CM

94IX

20' OA 14' CT20' OA

12' CT18' OA

ROOT BARRIER (TYP.)

5999 S. UNIVERSITY DRIVE

SOD

SOD

SOD

(B)(B)

(B)(B)

(B)

(B)

(V)

(B)

(V)(V)

(I)

(I)

(I)

(V)

(V)

(V)

(B)

(B)

SOD

(B)

(B)

(B)

12'

16MF

21MF

SIDEWALK

38EL

ROOT BARRIER (TYP.)

RETAINING WALL - HEIGHT OF WALL ABOVEPAVEMENT IS 2.5'± REFER TO PROPOSEDRETAINING WALL SECTION ON SHEET C-3

1PS

5TMF

1PS

(S)

(S)

(S)

ROOT BARRIER (TYP.)

PROPOSED CBWCDDRAINAGE EASEMENT

PROPOSED CBWCDINGRESS/EGRESS EASEMENT

MULCH LIMIT

MULCH

PLANT LISTSYM COMMON NAME BOTANICAL NAME DESCRIPTION QTY. NOTE

TREES

CE SILVER BUTTONWOOD CONOCARPUS ERECTUS SERICEUS 2" @ 4.5' DBH., 14' MIN. HT., STD. TRUNK 3 N, DT

CO SATIN LEAF CHRYSOPHYLLUM OLIVIFORME 3" @ 4.5' DBH., 14'-16' MIN. HT., STD. TRUNK 2 N, DT

ED JAPANESE BLUEBERRY ELAEOCARPUS DECIPIENS 3" @ 4.5' DBH., 14'-16' MIN. HT., STD. TRUNK 2 DT

LI TUSKARORA CRAPE MYRTLE LAGERSTROEMIA INDICA TUSCARORA 3" @ 4.5' DBH., 14'-16' MIN. HT., STD. TRUNK 10 DT

PS SYLVESTER PALM PHOENIX SYLVESTRIS PLANT STAGGERED HTS., CLEAN 5 DTSTRAIGHT TRUNKS, CLASSIC CUT;

TMF SIMPSON STOPPER MYRCIANTHUS FRAGRANS 2" @ 4.5' DBH., 14' MIN. HT. STD TRUNK 5 N, DT

QV LIVE OAK QUERCUS VIRGINIANA 3" @ 4.5' DBH., 14' - 16' MIN. HT. 1 N, DT

RELOCATED CABBAGE PALM 5 N, DT

RELOCATED OAK 1 N, DT

EX EXISTING TREES EXISTING TREES REFER TO SHEET TR-1

SHRUBS

CES SILVER BUTTONWOOD CONOCARPUS ERECTUS SERICEUS 3 GAL., 36" MIN. HT., 24" SPRD., 24" OC. 38 N, DT

CI RED TIP COCOPLUM CHRYSOBALANUS ICACO 'RED TIP' 3 GAL., 24" MIN. HT., 24" SPRD., 24" OC. 162 N, DT

MF SIMPSON STOPPER MYRCIANTHUS FRAGRANS 3 GAL., 24" MIN. HT., 24" SPRD., 24" OC. 52 N, DT

GROUNDCOVER

EL GOLDEN CREEPER ERNODEA LITTORALIS 1 GAL., 3" MIN. HT., 8" SPRD., 10" OC. 1,557 N, DT

ZP COONTIE ZAMIA PUMILA 3 GAL., 15" MIN. HT., 10" SPRD., 12" OC. 543 N, DT

CM EMERALD BLANKET CARISSA CARISSIA MACROCARPUS 3 GAL., 16" MIN. HT., 20" SPRD., 24" OC. 90 DT

'EMERALD BLANKET'

IX MAUI RED IXORA IXORA 'MAUI RED' 3 GAL., 24" MIN. HT., 18" SPRD., 24" OC. 176 DT

MC MUHLY GRASS MUHLENBERGIA CAPILLARIS 1 GAL., 15" MIN. HT., 10" SPRD., 12" OC. 761 N, DT

BAHIA ARGENTINE BAHIA SOD PASPALUM NOTATUM 'ARGENTINE' SOLID SOD, CONTRACTOR TO VERIFY QTY.SOD ST. AUGUSTINE GRASS STENOTAPHRUM SECUNDATUM SOLID SOD, CONTRACTOR TO VERIFY QTY.

N: NATIVE; DT: DROUGHT TOLERANT; B: BUFFER; I: ISLAND TREE; V: VUA TREE; S: SITE TREE

STIRLING RD

S U

NIV

ERSI

TY D

R

MURPHY

143.3 SQ FT251.8 SQ FT143.4 SQFT

191.1 SQ FT

835.8 SQ FT

98.5 SQ FT

293.3 SQ FT

414.4 SQ FT

10'

131.8 SQ FT

NOTE:1. PLANT DESCRIPTIONS ARE FOR MINIMUM ACCEPTABLE SPECIFICATIONS. ALL CRITERIA LISTED FOR CONTAINER SIZE, CALIPER, HEIGHT, SPREAD, ETC.

MUST BE MET FOR PLANT MATERIAL ACCEPTANCE. FOR EXAMPLE, IF A THREE GALLON SHRUB DOES NOT MEET THE HEIGHT OR SPREADSPECIFICATION, IT WILL NOT BE ACCEPTED.

2. IF SPECIFIED PLANTS ARE UNAVAILABLE AT TIME OF CONSTRUCTION, CONTRACTOR MAY REPLACE SPECIFIED PLANTS WITH PLANTS APPROVED BYLANDSCAPE ARCHITECT AND CITY STAFF.

3. ALL OPEN SPACE AREAS WITHIN THE PROPERTY SHALL BE SODDED UNLESS PAVED, SEEDED AND MULCHED OR PLANTED WITH SHRUBS AND GROUNDCOVER.

4. ALL LANDSCAPED AREAS WILL BE 100% IRRIGATED WITH A CENTRAL AUTOMATIC IRRIGATION SYSTEM INCLUDING A RAIN SENSOR WITH 100% OVERLAP.

5. CONTRACTOR SHALL REPLACE ANY EXISTING SOD OR OTHER PLANT MATERIALS DAMAGED DURING CONSTRUCTION IN AREAS THAT ARE OUTSIDEPROPOSED LANDSCAPE AS SHOWN ON THE PLAN.

6. TREES ARE TO BE ROOT PRUNED 4 MONTHS PRIOR TO RELOCATION.

7. PLANT SCREENINGS AROUND DUMPSTERS, FPL TRANSFORMERS, A/C UNITS, GENERATORS, GAS VENTS, ABOVE GROUND UTILITIES AND IRRIGATION.PUMPS ARE TO BE 36" TALL AT TIME OF PLANTING.

8. ONLY SOD IS ALLOWED WITHIN THE CENTRAL BROWARD WATER CONTROL DISTRICT EASEMENT.

9. TREES IN FPL EASEMENTS SHALL BE MAINTAINED TO VOID RELIABILITY ISSUES WITH UTILITY LINES.

10.THE CONTRACTOR IS TO STAKE THE CBWCD EASEMENT/LANDSCAPE LIMITS, BEFORE LANDSCAPING IS INSTALLED, FOR ANY TREES TO BE LOCATEDWITHIN TWO FEET FROM THE EASEMENT.

J:\M

3644

\Lan

dsca

pe\D

WG

\Pre

limin

aryD

esig

n\Pl

ans\

M36

44-L

SP.d

wg

Dec

22,

202

0 - 1

2:34

pm d

brya

nt

Architects Engineers

EnvironmentalLandscape Architects

M / E / PPlannersSurveyors

Traffic / Transportation

1992 SW 1st StreetMiami, Fl 33135

Ph: 305.274.4805Licenses:

Eng. C.O.A. No. 3215Survey L.B. No. 7143

Arch. Lic. No. AA2600926Lndscp. Lic. No. LC0000298

CPH, Inc.

200

PEA

CH

STR

EET

MU

RPH

Y O

IL U

SA, I

NC

.

EL D

OR

AD

O, A

R 7

1730

Danita R. Bryant, RLALA6667318

LS-1

LAN

DSC

APE

PLA

N

www.sunshine811.com

THIS SHEET NOT VALID FORCONSTRUCTION UNLESS

STAMPED APPROVED

This item has been digitally signed andsealed by Danita R. Bryant on the dateadjacent to the seal. Printed copies of

this document are not consideredsigned and sealed and the signature

must be verified on any electroniccopies

LEGEND

= ROOT BARRIER

TREE RETENTION NOTES:1. A SPECIMEN TREES IS 18" AND LARGER.

2. TREE PROTECTION INCLUDING BUT NOT LIMITED TO TREE PROTECTION BARRICADES AND MAINTENANCE OF THEM MUST BE ADHERED TO.

3. TREES CAN BE REMOVED WITH AN APPROVED TREE PERMIT AND REQUIRED MITIGATION EITHER ON SITE OR PAYABLE TO THE TOWN OF DAVIE TREE TRUSTFUND. EITHER OR A COMBINATION OF BOTH TYPES OF MITIGATION NEEDS TO BE INDICATED ON THE PLANS FOR REVIEW.

4. ALL RELOCATIONS ARE A ONE TIME MOVE.

PARKING ISLANDS

LANDSCAPE AREA

VUA TABLE

NUMBER OFISLANDS

NUMBER OF TREESREQUIRED

NUMBER OF TREESPROVIDED

NUMBER OF TREES DEFICIENT DUETO EASEMENTS AND LIGHTING

CONFLICTS

4 4 4 0

VEHICULAR USE AREA

REQUIRED LANDSCAPE AREA (15%)

PROPOSED LANDSCAPE AREA (10%)

24,331 SF

3,650 SF

2,503 SF

SEC. 12-112(D)(2C) REMAINING VUATOTAL REQUIRED VUA LANDSCAPE AREA = 3,650 SF

VUA ISLANDS = - 730 SF2,920 / 200 = 14.6 OR 15 REQUIRED REMAINING INTERIOR

LANDSCAPE AREA VUA TREES

4 TREES PROVIDEDDEFICIENT 15 - 4 = 11 TREES

LANDSCAPE DATA

NUMBER OF TREES REQUIRED/PROVIDED AND SQ. FT. OF LANDSCAPE AREA - PER SEC. 12-111(D)(2)(a)

G.S.A. TREES REQUIRED - PER SEC. 12-111 (D)(2)(a)4 TREES FOR THE 1ST (20,000) G.S.A. SF, PLUS (1) TREE FOR EACH ADDITIONAL (10,000) G.S.A. SF IN A 10' WIDE BUFFER41,382 SF - 20,000 SF = 21,382 SF20,000 SF = 4 TREES21,382 /10,000 = 2.1382 TREESTOTAL TREES REQUIRED = 4 + 3 = 7 TREES

TREES PROVIDED7 TREES PROVIDED

G.S.A. SHRUBS REQUIRED - PER SEC. 12-111 (D)(2)(b)20 SHRUBS FOR THE 1ST (20,000) G.S.A. SF, PLUS (5) SHRUBS FOR EACH ADDITIONAL (10,000) G.S.A. SF41,382 SF - 20,000 SF = 21,382 SF20,000 SF = 20 SHRUBS21,382 /10,000 = 2.1382 X 5 = 10.691 SHRUBSTOTAL SHRUBS REQUIRED = 20 + 10.691 = 30.691 (31 SHRUBS)

SHRUBS PROVIDED405 SHRUBS PROVIDED

G.S.A. GROUNDCOVER REQUIRED - PER SEC. 12-111 (D)(2)(c)20 GROUNDCOVER FOR THE 1ST (20,000) G.S.A. SF, PLUS (5) GROUNDCOVER FOR EACH ADDITIONAL (10,000) G.S.A. SF41,382 SF - 20,000 SF = 21,382 SF20,000 SF = 20 SHRUBS21,382 /10,000 = 2.1382 X 5 = 10.691 GROUNDCOVERTOTAL GROUNDCOVERS REQUIRED = 20 + 10.691 = 30.691 (31 GROUNDCOVER)

GROUNDCOVER PROVIDED2,953 GROUNDCOVER PROVIDED

BUFFER TREE REQUIREDNORTH - PER SEC. 12-111 (D) 4

SOUTH - PER SEC.12-111 (D) 4210 LF/100' = 2.1 ACCENT TREES REQUIRED = 3210 LF/ 40' = 5.25 CANOPY TREES REQUIRED = 6CONTINUOUS HEDGE

EAST - PER SEC. 12-111 (D) 4 200 LF/100' = 2 ACCENT TREES REQUIRED = 2200 LF/ 40' = 5 CANOPY TREES REQUIRED = 5HEDGE NO LESS THAN 2.5' HT.

WEST - PER SEC.12-111 (D) 4130 LF/ 40' = 3.25 CANOPY TREES REQUIRED = 4CONTINUOUS HEDGE

LANDSCAPE ISLANDSSEC. 12-112 (D) (2C)NUMBER OF ISLANDS = 4NUMBER OF TREES REQUIRED = 4

BUFFER TREES PROVIDEDNORTH - N/A

SOUTH- 4 PRESERVED TREES1 RELOCATED OAK1 NEW CANOPY TREE3 NEW ACCENT TREES

EAST - HEDGE 7 CRAPE MYRTLES

HEDGE @ RETAININGWALL

WEST - 3 CRAPE MYRTLES1 EXISTING OAK

SIMPSON STOPPER HEDGE

ISLAND TREES PROVIDED

4

PERCENT NATIVE AT LEAST 25% - PROVIDED

PERCENT PALMS - NO MORE THAN 25% - PROVIDED (PALMS ACCOUNT FOR 17% OF TREE SPECIES, INCLUDING 5 NEW, 5 EXISTING SABALS = 1 TREE)

PERCENTAGE OF 10' (0%), 12' (0%), 14'-16' (100%) TREES PROVIDED - NON-INCLUSIVE OF PALMS OF WHICH THERE ARE 8

PROPOSED PRECAST WALL IN ADDITION TO CONTINUOUS HEDGE

REQUIRED TREE MITIGATION COST CALCULATED PER RESOLUTION #R-2010-031 - $31,840.4O. REFER TO SHEET TR-1 FOR BREAKDOWN OF MITIGATION COSTAND COORDINATE WITH TOWN OF DAVIE STAFF

SOD MAXIMUM 50% HIGH WATER TURF GRASS OF ALL PERVIOUS AREA

OPEN SPACE = 11,900 SF ÷ 50 = 5,953 SF

AREA OF ST. AUGUSTINE SOD 5,703 SF.

V20-148: Eastern Landscape Buffer

V20-149: Vehicular Use Area

Page 15: PLANNING REPORT - Davie, FL
Page 16: PLANNING REPORT - Davie, FL

Subject Property

Zoning Map

Streets by OwnerSTATE RDCOUNTY RDLOCAL PAVED RDLOCAL UNPAVED RDPRIVATE RD

ParcelsRight Of WayZoning

0 0.035 0.070.0175 mi

0 0.06 0.120.03 km

1/4/2021, 8:56:01 AM

GIS MAP DISCLAIMERThe information on this map is for graphical purposesonly. It does not represent a legal survey and has notbeen prepared or is it suitable for legal, engineering,or surveying purposes. While every effort has been madeto ensure that these data are accurate and reliable theTown of Davie cannot assume liability for any damagescaused by any errors or omissions in the data.

°

Page 17: PLANNING REPORT - Davie, FL

Subject Property

Land Use Map

Streets by OwnerSTATE RDCOUNTY RDLOCAL PAVED RDLOCAL UNPAVED RDPRIVATE RD

ParcelsRight Of Way 0 0.035 0.070.0175 mi

0 0.06 0.120.03 km

1/4/2021, 8:57:52 AM

GIS MAP DISCLAIMERThe information on this map is for graphical purposesonly. It does not represent a legal survey and has notbeen prepared or is it suitable for legal, engineering,or surveying purposes. While every effort has been madeto ensure that these data are accurate and reliable theTown of Davie cannot assume liability for any damagescaused by any errors or omissions in the data.

°

Page 18: PLANNING REPORT - Davie, FL

North View

01/09/2020

Page 19: PLANNING REPORT - Davie, FL

South View

01/27/2020

Page 20: PLANNING REPORT - Davie, FL

East View

01/09/2020

Page 21: PLANNING REPORT - Davie, FL

West View

01/09/2020

Page 22: PLANNING REPORT - Davie, FL

NOTICE OF PUBLIC HEARING FOR: VARIANCE APPLICATION

The Planning and Zoning Board and the Town Council of the Town of Davie will hold public hearings in the Davie Pine Island Park Multipurpose Facility, 3801 S. Pine Island Road (Cypress Room) on the dates hereinafter specified. The item will be discussed at 6:30 p.m. or as soon thereafter as practicable. Comments of any interested party relative to this matter may be submitted in writing and/or presented at the hearing.

PETITIONER/ REPRESENTATIVE Murphy Oil, USA/CPH Inc.

OWNER: BD University, LLC

PROPERTY LOCATION: 5999 S. University Drive (Parcel Folio No. 5041-33-12-0013)

DATE OF PLANNING & ZONING BOARD HEARING: January 12, 2021

DATE OF TOWN COUNCIL HEARING: February 17, 2021

VARIANCE REQUEST: 1. To allow the use of a gas station on a property smaller than one (1) acre.2. To allow a reduction in the landscape buffer requirements for buffersadjacent to roads.3. To allow a reduction in the open space and tree requirements withinparking lots.

SAID APPLICATIONS SHOULD BE REFERRED AS: V20-065, V20-148, & V20-149

ASSOCIATED APPLICATIONS: Site Plan SP20-064, Delegation DG-180, & Delegation DG20-237

For further information, call the Planning and Zoning Division at (954) 797-1103. For access to the hearing agenda and backup information please use the following link: www.davie-fl.gov/367/Planning-Zoning-Board

Pursuant to Florida Statute § 286.0105, if a person decides to appeal any decision made by this board, agency, committee, or council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose he or she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.

Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 797-1023 at least five business days prior to the meeting to request such accommodation. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8770 (voice) or 1-800-955-8771 (TDD).

Page 23: PLANNING REPORT - Davie, FL

Address_1 Address_2 City State ZIPCode7-ELEVEN INC %AD VALOREM TAX DEPT 1722 ROUTH ST STE 1000 DALLAS TX 752018513 NW 41ST STREET LLC 4147 STIRLING RD UNIT 102 DANIA BEACH FL 33314ACHILLE,RENALD 4102 CASCADA CIR HOLLYWOOD FL 33024ACUNA GUTIERREZ,HUMBERTO LUIS 2813 EXECUTIVE PARK DR #142WESTON FL 33331ALDI FLORIDA LLC %RYAN TAX COMPLIANCE SERVICESPO BOX 460049 DEPT 501 HOUSTON TX 77056ANDRADE,ALTON A 4262 CASCADA CIR COOPER CITY FL 33024ATRIA,NICOLA ATRIA,ANA S D'ALESSANDRO DE 4242 CASCADA CIR COOPER CITY FL 33024AVALLONE,JOSEPH P H/E LEVINE,PAULA S 4248 CASCADA CIR HOLLYWOOD FL 33024AYALA,CARLOS AUGUSTO 4204 CASCADA CIR COOPER CITY FL 33024BABOOLAL,VASHEA L GRANADOS,ANDRES 4222 CASCADA CIR COOPER CITY FL 33024BAKALENIK,JESSIE GONZALEZ,MICHAEL 4177 CASCADA CIR COOPER CITY FL 33024BD UNIVERSITY LLC 13001 ZAMBRANA ST CORAL GABLES FL 33156BERGER,JUSTIN L & KRISTAN F 4284 CASCADA CIR COOPER CITY FL 33024BLANCO,FRANCISCO J DE LEON,DANIA 4091 CASCADA CIR COOPER CITY FL 33024BOLANOS,ENID 4244 CASCADA CIR COOPER CITY FL 33024BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS115 S ANDREWS AVE RM 501-RPFORT LAUDERDALEFL 33301CARR,JOHN G 4106 CASCADA CIR COOPER CITY FL 33024CARRENO ALVAREZ,ISAAC LONGART CAMACARO,ERIKA P 4104 CASCADA CIR COOPER CITY FL 33024CASCADA HOMEOWNERS ASSN INC% MIAMI MANAGEMENT INC 11784 W SAMPLE RD #103 CORAL SPRINGS FL 33065CASCADA HOMEOWNERS ASSN INC% UNITED COMMUNITY MGMT CORP11784 W SAMPLE RD #103 CORAL SPRINGS FL 33065CC BROWARD PROPERTY V LLC 2020 SALZEDO ST CORAL GABLES FL 33134CFT DEVELOPMENTS LLC 1683 WALNUT GROVE AVE ROSEMEAD CA 91770CHEN,TINA XIAO SANG WU,DA FENG 4171 CASCADA CIR COOPER CITY FL 33024CHONG,MARIE & WINSTON 4124 CASCADA CIR COOPER CITY FL 33024COLLAZO,FELIX CAMACHO H/E BERRIOS,SUSAN I PEREZ 4133 CASCADA CIR COOPER CITY FL 33024COLMENARES,LUIS E APONTE SOLETT,SABRINA A 4097 CASCADA CIR COOPER CITY FL 33024CORRIERI,SAVERIO DANIJELA,MARGETIC 4224 CASCADA CIR COOPER CITY FL 33024COULTON,LISA-GAYE 4117 CASCADA CIR COOPER CITY FL 33024CURRENT OCCUPANT 5801 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5901 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5905 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5907 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5911 S UNIVERSITY DR DAVIE FL 33328

Page 24: PLANNING REPORT - Davie, FL

CURRENT OCCUPANT 5915 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5919 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5921 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5927 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5929 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5931 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5935 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5941 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5945 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5947 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5949 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5951 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5955 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5957 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5959 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5967 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5969 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5971 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5973 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5975 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5979 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5983 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5985 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5989 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5990 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5909 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5913 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5925 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5939 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5977 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5981 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5933 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5937 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5820 S UNIVERSITY DR DAVIE FL 33328

Page 25: PLANNING REPORT - Davie, FL

CURRENT OCCUPANT 5830 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 102 DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 103 DAVIE FL 33328CURRENT OCCUPANT 5790 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5917 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5923 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5943 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5953 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5961 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5963 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5965 S UNIVERSITY DR DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 106 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 101 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 107 DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 101 DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 105 DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 104 DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 107 DAVIE FL 33328CURRENT OCCUPANT 5840 S UNIVERSITY DR UNIT 108 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 102 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 103 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 104 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 105 DAVIE FL 33328CURRENT OCCUPANT 5780 S UNIVERSITY DR UNIT 106 DAVIE FL 33328CURRENT OCCUPANT 5796 S UNIVERSITY DR UNIT 101 DAVIE FL 33328CURRENT OCCUPANT 5796 S UNIVERSITY DR UNIT 102 DAVIE FL 33328CURRENT OCCUPANT 5796 S UNIVERSITY DR UNIT 103 DAVIE FL 33328DADA,S O & DADA,E A H/E DADA,M OLUBUNMI & SOLAPE M 4093 CASCADA CIR COOPER CITY FL 33024DAVIE REALTY ACQUISITION INC 941 CLINT MOORE RD STE A BOCA RATON FL 33487DIAZ,JISSENIA AMENGUAL 4186 CASCADA CIR COOPER CITY FL 33024ELDEIRY,MICHAEL 4095 CASCADA CIR HOLLYWOOD FL 33024FIELDS,DOUGLAS M & KATHERINE A PSC 704 BOX 3781 APO AP 96338FLORIDA DEPT OF TRANSPORTATIONOFFICE OF RIGHT OF WAY 3400 W COMMERCIAL BLVD FORT LAUDERDALEFL 33309FROYAN,ANTHONY FROYAN,LEILA Z 3509 WATERCREST PL ORLANDO FL 32835

Page 26: PLANNING REPORT - Davie, FL

GALAN,CYNTHIA V TENESACA,HERNAN 4268 CASCADA CIR COOPER CITY FL 33024GHIORZOE,JAMES EDWARD GHIORZOE,MARIA TERESA 4075 CASCADA CIR HOLLYWOOD FL 33024GLADINKOV,ANTON A H/E GLADNIKOV,GLAUCY K CAVALCANTE4164 CASCADA CIR COOPER CITY FL 33024GONZALEZ,JUAN C ORTIZ,MARIA T 4151 CASCADA CIR COOPER CITY FL 33024GREENE,MARK R 4246 CASCADA CIR COOPER CITY FL 33024GUNN,DORIS GLENN & NORMAN G 4146 CASCADA CIR COOPER CITY FL 33024HIM,FERNANDO CHANG DE HIM,ROSA VIRGINIA 4108 CASCADA CIR COOPER CITY FL 33024HOME DEPOT U S A INC % PROP TAX DEPT #6341 PO BOX 105465 ATLANTA GA 30348HOME DEPOT U S A INC % PROP TAX DEPT #6341 PO BOX 105842 ATLANTA GA 30348HOWARD,ALTON H/E HOWARD,BETTY M 4137 CASCADA CIR COOPER CITY FL 33024IBARRA,ALBA NANCY 4122 CASCADA CIR HOLLYWOOD FL 33024JIMENEZ,YUDELKA D 8503 NW 41 ST COOPER CITY FL 33024JRX REAL ESTATE LLC 3986 NW 52 PL BOCA RATON FL 33496JURKA,JOSHUA & ANA 4166 CASADA CIR COOPER CITY FL 33024KARP,DAVID & KIRA 4128 CASCADA CIR COOPER CITY FL 33024KLINE,ROBERT M KLINE,OLGA E 654 LAKEWOODE CIR W DELRAY BEACH FL 33445KORES,ADAM & WENDY E 4266 CASCADA CIR COOPER CITY FL 33024KROCHTA,ESTHER MARIE KROCHTA,NICHOLAS LAWRENCE 4113 CASCADA CIR COOPER CITY FL 33024KUNZE,MICHAEL E & RENEE JO 4126 CASCADA CIR COOPER CITY FL 33024LAKESIDE TOWN SHOPS (E&A) LLC PO BOX 528 COLUMBIA SC 29202LEON,FRANKLIN L 4188 CASCADA CIR COOPER CITY FL 33024LEON,RACHEL JOSEPH & JUDITH LEON LIV TR 4195 CASCADA CIR COOPER CITY FL 33024LI,JIAN SUN,PENGFEN 4193 CASCADA CIR HOLLYWOOD FL 33024LIVALI ESTATES LLC 35 WESTPORT LN STATEN ISLAND NY 10314MAGRAM,DEBRA 4131 CASCADA CIR COOPER CITY FL 33024MALLWITZ,JOHN C 4286 CASCADA CIR COOPER CITY FL 33024MCKEE,BRIAN 4073 CASCADA CIR COOPER CITY FL 33024MEJIAS,MARIO & GEORGINA C 4302 CASCADA CIR HOLLYWOOD FL 33024MONTERRA COMMUNITY DEVELOPMENT DISTRICT 5385 N NOB HILL RD FORT LAUDERDALEFL 33351MONTERRA COMMUNITY DEVELOPMENT DISTRICT 515 E LAS OLAS BLVD #600 FORT LAUDERDALEFL 33301MONTERRA COMMUNITY DEVELOPMENT DISTRICT 5385 N NOB HILL RD FORT LAUDERDALEFL 33351MONTERRA COMMUNITY DEVELOPMENT DISTRICT 515 E LAS OLAS BLVD #600 FORT LAUDERDALEFL 33301MONTERRA COMMUNITY DEV DISTRICT% GOVERMENTAL MGMT SRVCS S FL515 EAST LAS OLAS BLVD FORT LAUDERDALEFL 33301NEW LIFE ASSEMBLY OF GOD OF BROWARD COUNTY FLORIDA INC 7885 PINES BLVD HOLLYWOOD FL 33024

Page 27: PLANNING REPORT - Davie, FL

NGUYEN,HIEU VAN 10986 MEADE CT WESTMINSTER CO 80031OLIVIER,BERNARDO GIDWANI,LOVELINA 4228 CASCADE CIR COOPER CITY FL 33024PHILIP,PRIYA S H/E CHERIYAN,ARUN PHILLIP 4184 CASCADA CIR COOPER CITY FL 33024PISANO,LYNNE MARIE H/E WANAMAKER,JOHN & NANCY 4115 CASCADA CIR COOPER CITY FL 33024PORTA,LIGIA IVETTE 4202 CASCADA CIR COOPER CITY FL 33024PUBLIC LAND % CITY OF COOPER CITY PO BOX 290910 COOPER CITY FL 33329PUBLIC LAND % TOWN OF DAVIE 6591 ORANGE DR DAVIE FL 33314RAFT CAPITAL CORP 3074 LAKEWOOD CIR WESTON FL 33332RAJA,MEENAKSHI SUNDARAM 4088 CASCADA CIR COOPER CITY FL 33024RANDLE,JAMES 4182 CASCADA CIR COOPER CITY FL 33024RAZA,MOHAMED ALI H/E RAZA,LINDA FATIMA 4153 CASCADA CIR COOPER CITY FL 33024SCOFF,NOREA D 4162 CASCADA CIR COOPER CITY FL 33024SCOTT,SANDRA M 4135 CASCADA CIR COOPER CITY FL 33024SERPICO,ANTHONY R & DIANE L LESERPICO,ANTHONY JAMES 4168 CASCADA CIR COOPER CITY FL 33024SHORTYS II INC 9150 SW 87 AVE STE 205 MIAMI FL 33176SILVA MIRANDA,ANTONIO CARLOS DASARMIENTOS MIRANDA,MONICA A4144 CASCADA CIR HOLLYWOOD FL 33024SODERBERG,MARCELA 4086 CASCADA CIR COOPER CITY FL 33024STEAK N SHAKE OPERATIONS INC % RYAN LLC PO BOX 460169 HOUSTON TX 77056STINZIANO,PATRICIA A & DENNIS JSTINZIANO LIV TR 4264 CASCADA CIR COOPER CITY FL 33024TARGET CORPORATION % PROP TAX DEPT/T-2022 PO BOX 9456 MINNEAPOLIS MN 55440THOMAS,LESLIE HAMILTON 4148 CASCADA CIR COOPER CITY FL 33024TURNER,KIMBER C 4206 CASCADA CIR #4206 COOPER CITY FL 33024UNIVERSITY CREEK ASSOC I LTD % SOUTHEAST PROP ASSOC 1645 SE 3 COURT SUITE 200 DEERFIELD BEACH FL 33441URIBE,CARLOS E 4111 CASCADA CIR COOPER CITY FL 33024VALDES,MARTHA I 4197 CASCADA CIR COOPER CITY FL 33024VERAS,GABRIELA MARLEN GUTIERREZ 8627 NW 54 ST MIAMI FL 33166VOWLES,RICHARD H & SHARON F 4288 CASCADA CIR COOPER CITY FL 33024VOWLES,STEPHEN N 4282 CASCADA CIR COOPER CITY FL 33024WACHOVIA BANK NA PO BOX 2609 CARLSBAD CA 92018WALDREP ENTERPRISES LLLP 3707 NW 110 AVE OCALA FL 34482WATTS,GENETTA S 4173 CASCADA CIR COOPER CITY FL 33024WOLOWICH,WILLIAM R 4157 CASCADA CIR COOPER CITY FL 33024ZAIDMAN,NAVA 4071 CASCADA CIR COOPER CITY FL 33024ZHU,LIHUA 4226 CASCADA CIR COOPER CITY FL 33024