HomeMy WebLinkAboutR-2006-106 Approving a request submitted by Hollywood Investments Group, LLC to allocate 305 LAC RESOLUTION NO. 2006-106
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A
REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD
INVESTMENTS GROUP,LLC.,FOR A SPECIAL EXCEPTION TO ALLOCATE
305 LOCAL ACTIVITY CENTER("LAC")DWELLING UNITS TO CONSTRUCT
A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMENT FOR
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA
BEACH BOULEVARD BETWEEN US I AND NE 1ST COURT,DANIA BEACH;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Dania Beach Zoning Code provides that mixed-use residential/commercial
developments are allowed as a Special Exception Use in C-2 zoning districts with the allocation of
reserve or flex units; and
WHEREAS,Cindy Meyer on behalf of Hollywood Investment Group LLC.,has applied for
a Special Exception request to allocate 305 Local Activity("LAC") dwelling units to construct a
mixed-use residential/commercial development generally located on the north side of Dania Beach
Boulevard between US 1 and NE 1st Court, Dania Beach, which is located within the Community
Redevelopment Area and the C-2 (Commercial) zoning district; and
WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City
Commission grant the Special Exception request, based upon the criteria set forth in Chapter 28,
"Zoning",Article 6,"Supplementary Use Regulations", Section 6.40,"Special Exception Uses",of
the Code of Ordinances of the City of Dania Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That certain application SE-03-06, for a Special Exception Use to construct a
mixed-use residential/commercial development for property generally located on the north side of
Dania Beach Boulevard between US I and NE 1st Court, Dania Beach,which is located within the
Community Redevelopment Area and the C-2 (Commercial) zoning district (a copy of which
application is attached and made apart of this Resolution as Exhibit"A"),is approved,subject to the
applicant addressing and resolving the following conditions prior to issuance of any building or
infrastructure permits. This provision shall not apply to permits/approvals required to construct a
temporary sales office:
1) Approval for Variance #5, subject to providing 40 additional parking spaces above
that shown on the approved plan.
2) Compliance with Fire-Rescue requirements,including but not limited to,emergency
vehicle access requirements.
3) Apartment 2E (second level) located in the northwest corner of building is located
only 14 feet from the existing two story building to the north. Provide window
treatment of this unit to evaluate adequacy of setback.
4) Final building elevation color renderings to be approved by the City Commission
prior to issuance of any building permits.
5) Identify laundry facilities within units.
6) This variance approval is non-transferable to any other owner.
• 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet
stacking. City traffic Consultant to review revised plan and determine if there is
adequate vehicle stacking, safe interior traffic flow,and sufficient loading areas prior
to issuance of any building permits.
8) Provide measurement from column to entrance of parking spaces; Code requires 3
feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3
columns. Revise plans in accordance with parking code.
9) Florida Department of Transportation (FDOT) approval of roadway improvement
plans prior to issuance of any building or infrastructure permits.
10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1,
to ensure that public sidewalk is provided.
11) Clock tower location subject to confirmation of compliance with ADA and
maintenance/liability.
12) Provide a sidewalk detail showing location of trees/landscaping/furniture.
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RESOLUTION#2006-106
r
13) Public sidewalk detail (including materials,location, width, proximity to trees, tree
grates, and travel lane)to be designated on the plans and determined to comply with
ADA (Building), maintenance/liability(Legal), and planning concerns.
14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3"; same is
shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency.
15) Valet Parking to be provided on a 7 day/24 hour basis.
16) Show location of public lighting on site plan and landscape plan in RED.
17) Identify location and dimension of sign band on building elevations with store fronts.
18) Identification of dumpsters, garbage room and garbage truck access on floor plan
and determined by staff to provide sufficient capacity and accessibility.
19) Provide letter from a private trash collection company identifying the number and
size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units,
10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week.
20) Note on plan: "glass materials shall be impact resistant glass".
21) When measured, the narrowest vertical dimension of the garage is less than 6 feet.
Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles.
Revise plan accordingly.
22) Revised plan shall comply with Consultant Tamara Peacock requirements.
23) Applicant to restrict use of residential units to condominium; including a prohibition
on pre-sale rentals.
24) Condominium documents (to be approved by City Attorney prior to issuance of any
building permits) to reflect condition No. 23 above, and further restrict individual
unit-owner rentals to no more than one rental per year.
25) Condominium documents to disclose to purchasers that "guest parking is not
provided and limited valet guest parking is available on a first-come,first-serve basis
in the retail parking area".
26) Condominium documents to disclose to two-bedroom apartment purchasers that two
reserved parking are provided in a tandem (one car parked behind the other)
arrangement.
RESOLUTION#2006-106
27) The requested vacation of NE 1" Avenue shall not be approved until (a) the fee
simple property owner dedicates permanent easements plan for electrical,
telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the
developer has complied with all the requirements for issuance of a building permit
for the principal building and (c) said conditions to be reflected in a development
agreement approved by the city attorney and City Commission.
Section 2. Allocation of the Local Activity("LAC") dwelling units shall automatically
expire and become null and void unless building permits are obtained on or before 12 months from
the date of this Resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 27, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO A CORRECTNESS
BY: All, ,�� P
THOMAS 1. ANSIYRb
CITY ATTORNEY
RESOLUTION#2006-106
CITY OF DANIA BEACH
Agenda Item# 96,
Agenda Request Database
Date of Commission Meeting: 6/27/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
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RESOLUTION NO. 2006-106-A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FOR A
SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER ("LAC') DWELLING UNITS TO CONSTRUCT A
MIXED USE RESIDENTIAUCOMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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Cindy Meyer on behalf of Hollywood Investment Group LLC., has applied for a Special Exception request to allocate 305
Local Activity ("LAC')dwelling units to construct a mixed-use residential/commercial development generally located on
the north side of Dania Beach Boulevard between US 1 and NE 1st Court, Dania Beach, which is located within the
Community Redevelopment Area and the C-2 (Commercial) zoning district.
Fiscal Impact/Cost Summary r
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Resolution
Staff Report
Application
Public Hearing Notice
Location Map
Review sheets performed by: (All backup materials are located within the Site Plan request section for this project)
City Staff(Planning; Public Services; Fire Marshall)
Consultants(Traffic; Engineering; Architects)
Correspondence by Ruden McClosky for the petitioner
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
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Submitted by
Larry Leeds Date
Department Director
Larry Leeds Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
City Cterk .a 6
rx,
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: June 27, 2006 City Commission Meeting
TO: Mayor and City Comrr�issi n
VIA: Ivan Pato, City Manage
i
FROM: Laurence Leeds, &ICP, Director
SUBJECT: Cindy Meyer, Hollywood Investments, Inc. requests the following
at property located on the north side of Dania Beach Boulevard
extending between US 1 and NE 1st Court (Pirates Inn/Fish Grill
and adjacent properties).
SE-03-06 - Special Exception request to allocate 305 Local Activity Center
("LAC") dwelling units to construct a mixed-use residential/commercial
development.
VA-03-06 - Variance Requests:
1) 140 foot building height (ceiling of highest floor)
(Maximum height in C-2 is 40 feet).
2) Tandem/stacked parking spaces for apartments
(Tandem parking prohibited).
3) Tandem/stacked parking spaces for retail/restaurant
(Tandem parking prohibited).
4) Variance to waive pervious area requirement
(Code requires 15% - 30%).
5) Variance to reduce required overall project parking by 26.3 %
(829 spaces required by parking code; 611 spaces provided on plan).
VC-03-06: Request to vacate (and close street) for a portion of NE 15t
Avenue generally located between the Pirates Inn and the former Fish Grill
properties. Request to vacate a 15 foot alley located on the former Fish Grill
site and a 1 1/2 foot wide utility easement.
SP-03-06 - Site Plan Approval for a mixed-use condominium (305 dwelling
units; 10,000 sq. ft. retail, 10,000 sq. ft. restaurant)
1
Project Description: The subject parcel is zoned commercial (C-2),
has a Local Activity Center (LAC) land use designation, and is located in the
center of the Community Redevelopment Area (CRA). Currently, the
property (approx. 2.26 net acres; approx. 3.15 gross acres) is occupied by
the Pirates Inn Hotel, retail stores north of the hotel fronting US 1, and the
site of the former Fish Grill Restaurant. The building is about 400 feet long
(two blocks) abutting Dania Beach Boulevard and about 200 feet long
abutting US 1. The building elevations show a 140 (ceiling of top floor) -
150 (roof) high building.
The plan shows 305 dwelling units (or 99 units/acre) and approximately
20,000 sq. ft. of retail (including 10,000 sq. ft. of restaurant area). One
bedroom and studio apartments comprise nearly 50% of the dwelling units;
the other 50% consists of two-bedroom apartments. Apartment sizes vary
between 600 to 900 square feet. Building height (14 stories), density (99
units/acre), and uses (retail/restaurant/condo) are consistent with City
Commission CRA Zoning recommendations at this location. Architecture is
at the discretion of the City Commission.
Adjacent Properties: Zoning, Future Land Use, and existing uses are
indicated for adjacent properties.
Zoning/ Existing Use
CRA Plan
North Commercial (C-2) Retail, Office, and
Local Activity Center Warehouse
East Commercial (C-2) Office, Residential,
Local Activity Center and Vacant
South Commercial (C-2) Gas Station, Hotel,
Local Activity Center and Retail
West Commercial (C-2) Retail
Local Activity Center
As indicated above, the site is surrounded by properties designated as Local
Activity Center. The closest residential zoning is RD-8000 (Duplex); located
north of the project on the east side of NE 1st Court. No single family zoning
abuts the site.
Traffic: This project is much larger than the existing buildings and can be
expected to generate more traffic on US 1, Dania Beach Boulevard, NE 1st
Avenue, NE 1st Court, and NE 1st Street in the vicinity of the project. As
such, the plans and applicant's traffic impact study were referred to the
City's Traffic Consultant, Tinter and Associates, for review and comment.
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Tinter concludes that "while adequate operating conditions will be
maintained along the adjacent roadway system through build-out in 2008,
there our still outstanding issues to be addressed relative to the ground floor
site plan." Ground floor site plan issues are discussed in the following
paragraph.
Site Plan: The site plan submittal is not complete. As such, staff and city
consultants cannot determine if a several site plan, city code, and zoning
code requirements have been met. Major unresolved issues include the
following based on plans submitted on June 16, 2006:
a) Adequate loading/unloading (capacity, accessibility).
b) Adequate garbage collection (capacity, accessibility, and removal).
c) Restaurant/retail service accessibility.
e) Emergency vehicle access.
f) '-Building setbacks (north lot line only).
g) In-bound vehicle stacking and interior traffic flow.
h) 2 Parking structure geometry.
i) Parking structure column location.
j) Unit owner laundry facilities.
k) 3 Incorrect parking data on site plan.
1) Condominium disclosure language (airport location,
• developer/unit owner rental restrictions, absence of guest
parking, tandem spaces for two bedroom units, etc.).
' Building elevations show apartment balconies within 14' of the existing
building to the north. Detailed north building elevations necessary to
evaluate adequacy of 10 foot setback for dwelling units facing north lot
line.
2 Building cross-section shows less than 6 feet of vertical clearance
leading to the top floor of the parking structure (Minimum 7' 2" required).
3 Architect's parking data incorrectly understates required parking by 30
spaces.
PARKING VARIANCES: The applicant has requested a 26% parking variance
(from 829 spaces to 611 spaces). The reduction is due primarily to:
1) Applicant reducing required restaurant parking by 40% (104 spaces
provided; 175 spaces required by code).
. 2) Applicant eliminating condominium guest parking entirely.
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4
Also, most parking spaces are tandem (back-to-back). Tandem parking
• requires the car closest to the drive aisle to be backed out (temporarily
blocking the drive aisle) in order to remove the inner car. Tandem parking
is not permitted by code and requires a variance. The parking arrangement
and variances have been submitted to City Traffic Consultant Tinter and
Associates for review and recommendation.
Tinter Parking Recommendation Summary: Based on current plans and
applicant's parking analysis, Tinter supports a 22% parking variance, less
than requested by the applicant but still significant. This requires adding 40
more spaces to the current plan. Tinter's recommendation is subject to 24/7
valet and condominium language disclosing to condo buyers that
"designated guest parking is not provided and limited valet guest parking is
available on a first-come, first-serve basis."
Applicant has offered to install hydraulic car stacks within existing parking
spaces to reduce the 40 space parking deficit. With stacked spaces, the
lower car must be backed out into the drive aisle while the 'stacked car' is
lowered and removed. Tinter indicates only 27 parking spaces meet the
height and location criteria for stacked parking; leaving a 13 space deficit.
If the City Commission were to approve the applicant's stacked space
concept, approximately 139 valet and 30 self-park spaces will be available
for retail, restaurant, and condo guest parking. Due to limited self-park
spaces, this parking arrangement will only work if the valet operation is
efficient and hicLbiy utilized.
Park Dedication: The applicant is required to dedicate 6% of the site (or
provide a park fee equivalent in value to 6% of the site). The fee may be
based on an appraisal or an amount agreed to by the City Commission and
the applicant. Staff has requested the applicant provide an appraisal or
submit a proposal to the City Commission regarding the value of the
property today.
Building Appearance: The applicant has provided two color architectural
renderings with different color schemes. Also, applicant has shown
architectural features on public property (clock tower, fountains) that may
require relocation or modification to accommodate ADA requirements. Final
approval of building design is at the discretion of the City Commission.
NE 1ST AVENUE VACATION. The applicant proposes vacating a portion of
NE 1st Street north of Dania Beach Boulevard to create a single development
parcel (see attached location map). The site plan shows a driveway
. connecting NE 1st Avenue to NE 1st Court.
4
The City's Engineering Consultant has indicates that Bellsouth, FPL, and
• Comcast have no objection to the proposed NE 1st Avenue vacation.
However, the Engineering Consultant has requested a dedicated easement
and easement plan for electrical, telecommunication, water, wastewater,
gas, cable TV and other pipe lines. The easement has not yet been
provided.
PLANNING AND ZONING RECOMMENDATION
1) Special Exception Approval: Approval for 300 - 360 units subject to
the applicant addressing variance, site plan, and traffic issues.
Staff Comment: Approval for 305 dwelling units as per P and Z Board
recommendation, subject to the Exhibit A conditions and agreement by
applicant's attorney that significant changes to building elevations (as
determined by the Community Development Director) will require re-
approval by the City Commission.
2) Building Height Variance: Approval in concept.
Staff Comment: Approval as per P and Z Board recommendation,
subject to Exhibit A Conditions.
3) Pervious Area Variance: Approval in concept.
Staff Comment: Approval as per P and Z Board recommendation,
subject to Exhibit A Conditions.
4) 26% Parking Variance, Tandem Space Use Variance: Denial, unless
applicant can provide technical justification such that city traffic
consultant can support the variances.
Staff Comment: The applicant has not provided 40 additional parking
spaces as recommended by the city traffic consultant. Based on the P
and Z Board recommendation, staff cannot support the parking
variance due to the 13 - 40 space parking deficit as identified in
Tinter's report.
If the City Commission chooses to grant the requested variance, said
approval shall be subject to the conditions reflected on page 3 in the
June 16, 2006 Tinter report.
5
Provided however, if the city manager or city commission determines
at any time within the 18 month period that project parking is
intruding into the adjacent neighborhood on a regular basis, either the
manager of commission can require the installation of car stack spaces
within 90 - 120 days of said determination.
5) Site Plan: Approval in concept, provided applicant submits a finished,
complete site plan addressing the conditions in this report and any
other issues that may arise once the applicant has submitted a
complete package.
Staff Comment: As of June 19, 2006, applicant has not yet submitted
a finished, complete site plan package addressing conditions in the P
and Z report as well as comments dating back to December 2005.
Based on the P and Z Board recommendation, staff cannot support site
plan approval at this time.
If the City Commission wishes to grant site plan approval, such
approval shall be subject to: submission of a complete, clear, correctly
and consistently prepared site, landscape, civil, floor, and building
elevations addressing all unresolved issues (Exhibit A) and complying
with all site plan, zoning, building, civil engineering, landscape
requirements. Approval should also be subject to approval of the
above special exception and variances conditions reference above.
6) Request to vacate (and close street) for a portion of NE 1 Avenue, a 15
foot alley, and 1 1/2 foot wide utility easement. Approval.
Staff Comment: Approval as per P and Z Board, subject to:
1) Fee simple property owner providing dedicated easement and
easement plan for electrical, telecommunication, water,
wastewater, gas, cable TV and other pipe lines prior to effective
date of street vacation.
2) Effective date of NW 1st Avenue vacation to be deferred until
developer has complied with requirements for issuance of a
development or building permit.
7) Determination of current land value for purposes of park impact fee.
Staff Comment: At the discretion of the City Commission.
6
EXHIBIT A: APPROVAL CONDITIONS*
ONE DANIA BEACH/CASA BENI
DUNE 27, 2006
*Applicant shall address and resolve conditions prior to issuance of
any building or infrastructure permits. This provision shall not apply
to permits/approvals required to construct a temporary sales office.
1. Compliance with Fire-Rescue emergency access requirements.
2. Apartment 2E (second level) located in northwest corner of building is
located only 14 feet from the existing two story building to the north.
Provide window treatment of this unit to evaluate adequacy of setback.
3. Architectural renderings do not provide sufficient detail (garage and dwelling
units) for north elevation. Plans to be distributed to city commissioners prior
to issuance of a building permit.
4. Identify laundry facilities within units. Revise floor plan accordingly.
5. Condominium disclosure language (airport location, developer/unit owner
rental restrictions, absence of guest parking, tandem spaces for two bedroom
units, etc.) to be provided and approved prior to issuance of any building
permits.
6. Revise plan to allow determination of in-bound vehicle stacking and interior
valet stacking. City traffic consultant to determine their in adequate stacking
and interior traffic flow prior to issuance of any building permits. Requested
1-19-05, 2-13-06 & 3-24-06. 4th Request.
7. Provide measurement from column to entrance of parking spaced; code
requires 3' setback from entrance. Sheet A1.01 appears to provide less than
3 feet at 3 columns. Revise plans in accordance with parking code.
Requested on 2-13-06 & 3-24-06. 3Id request.
8. FDOT approval of roadway improvement plans prior to issuance of any
building or infrastructure permits. Requested on 2-13-06 & 3-24-06. 3rd
request.
9. Location of curbs shall be approved by FDOT on Dania Beach Boulevard and
US 1 to ensure that public sidewalk is provided. Provide documentation.
Requested on 3-24-06. 2nd request.
10. Clock tower location subject to confirmation of compliance with ADA
(Building) and maintenance/liability (Legal).
7
11. Provide a sidewalk detail showing location of trees/landscaping/furniture.
Requested on 3-24-06. 2nd request.
12. Public sidewalk detail (including materials, location, width, proximity to trees,
tree grates, and travel lane) to be designated on a plans and determined to
comply with ADA (Building), maintenance/liability (Legal), and planning
concerns. Requested on 2-13-06, 3-24-06. 3rd request
13. Dimension of private sidewalk + arcade shown on Sheet A1.00 as 20' 3";
same is shown on Sheet A1.01 as 19' 3". Revised plan to eliminate
inconsistency.
14. Provide detailed landscape plan.
15. Show location of public lighting on site plan and landscape plan in RED.
Requested on 3-24-06. 2"d request.
16. Identify location and dimension of sign band on building elevations with store
fronts. Requested 2-13-06 & 3-24-06. 3rd request.
17. Dumpsters, garbage room, and garbage truck access to be shown on plan
and determined to provide sufficient capacity and accessibility.
18. Provide letter from a private trash collection company identifying the number
& size of dumpsters. Sufficient facilities shall be provided to accommodate
305 units, 10,000 retail, and 10,000 restaurants no more than twice per
week.
19. Dumpster room not accessible to loading space. Method of trash collection
by a garbage truck appears to conflict with traffic circulation in garage.
Revised plan to eliminate conflict.
20. Note on plan: "glass materials will be impact resistant glass".
21. When measured, the narrowest vertical dimension of the garage is less than
6 feet. Minimum should be 7' 2" (above the first floor) to accommodate
passenger vehicles. Revise plan accordingly.
22. Revised plan shall comply with Consultant Tamara Peacock requirements.
23. Approval of development agreement relating to parking and road vacation.
8
1
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954)92+3645
General Development Application
¢f Assignment of Flex/Reserve nits -
❑ Land Use Amendment y' \, tr
❑ Plat
❑ Plat Delegation Request ,
❑ Rezoning ;, I F E 9 10 wv 6 i i J Date Rec'd:
G( Site Plan
9f Special Exception -_ —.---__ j�--1 (Petition No.:s� 0 3 �d
❑ Special Request ( _
0 -5 - 06
M
❑ vv TPafficay Waiver fx
2r Variance S C`03 - C) &
❑ Vacation Request — v 3 - D 6
❑ Other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings.
All projects must also obtain a building permit from the City's Building Department.
Location Address: NE CORNER OF FEDERAL-HIGHWAY AND DANIA BEACH BOULEVARD
Lot(s): Block: Subdivision:
Recorded Plat Name: S F F F Y H T R T T R
Folio Number(s): SEE EXHIBIT A Legal Description: SEE -EXHIBIT B
Applican nsultan egal Representative(circleone) _ rTNDY MFYFR
Address of Applicant: 2755 TREASURE COVE CIRCLE. DANIA BEACH, FL 33312
Business Telephone: (305) 343-670home: Fax: (954) -64-7881
Name of Property Owner: HOLLYWOOD INVESTMENTS GROUP I, LLC
Address of Property Owner: 1900 TAYLOR STREET, HOLLYWOOD, FL 33020
Business Telephone: (954) 923-627Aome: (954) 629-5318 Fax: (954) 923-0833
Explanation of Request: SEE EXHIBIT C
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
l
Existing Use: Proposed Use:
• Is property owned individually, by a corporation, or a joint venture?
i
I understand that site plan approval automatically expires within 12 months of City
( Commis pproval, pursuant to Ordinance No. 2005-040.
NeVgfe
Ap ' a ner g ature Print Na a Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applica Consultant/ esenta
This ?A- ' day of 20P
Signature:
Date: Q
Sign Name o otary Public (Print Name)
State of( )
a7S5 -T�suE� Co\je- ctecL-s-
i "l/c'72 L y �iV nl 8`Z L. QPf'-i(Pt- , -P-'L M-t;S 3 t a.
Print Name of Notary Street Address,City, State and Zip Code
Commission ��
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Seal: � ' i3ever Y I Telephone No. &Fax No.
. s Commission#DD462142
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INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands Jescribed above and that I have
authorized (Appllcant/Consultant/Representative) 61 5L& I eX f to
make and file the aforesaid application.
Sworn to and subscr bed before me Owner: WO
This /0 day of ttWu 20_(, -
Signature: / t (i
Date: 0 oLA {�
(76,'r-f' ► I vt,
Sign Name otary Public (Print Name)
State of( )
Print Name of Notary Street Address,City, State and Zip Code
Commission Expires: 9`5 y q-)-:3 G,-)13 'T y 9�t 3 0 P 9-3
Seal: Telephone No. &Fax No.
Beverly Ann Bell
Commission#DD462142
` 4 Expires November28 2009
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EXHIBIT "A"
10234-01-
18200
10234-01-18400
10234-01-18500
10234-01-18600
10234-04-00100
10234-04-00400
10234-12-00100
10234-12-00200
10234-12-02400
10234-12-02500
10234-04-00300
1
EXHIBIT "B
•
LAND DESCRIPTION:
LOTS 15, 16, 17, 18, 19, 20, 21, 22,23 AND 24, BLOCK 12,"THE TOWN OF MODELO",
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK"B",PAGE 49 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY
FOR STATE ROAD #5 AND LESS THE RIGHT-OF-WAY FOR DANIA BEACH BOULEVARD.
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA.
TOGETHER WITH:
LOT 27, LESS THE RIGHT-OF-WAY OF DANIA BEACH BOULEVARD;LOTS 28,29,30 AND
31, BLOCK 2, "ESKILSON ADDITION TO THE CITY OF DANIA",ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 7,PAGE 10 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 1, 2, 3,4, 5 AND 6, BLOCK 1, LESS THE RIGHT-OF-WAY FOR DANIA BEACH
. BOULEVARD, TOGETHER WITH LOTS 1 AND 2, BLOCK 6,"BEACHWAY",ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 33 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA.
Exhibit
Parking and Height Variance
Justification Statements
DVNY Development, Inc., ("Petitioner"), is the contract purchaser of the property
located on the NE corner of Federal Highway and Dania Beach Boulevard ("Property")
in the City of Dania Beach ("City"). Petitioner proposes to develop a Mixed-Use project
comprised of 330 residential units and approximately 17,000 square feet of retail
("Project"). In furtherance of the Petitioner's development of the Project, Petitioner
seeks two variances under the City's Code of Ordinances ("Code"), Chapter 28, section
10.13; (1) a variance from section 6.21 to reduce the number of parking spaces required
for the retail use under the Code; and (2) a variance from section 4.202, in order to
construct a 16 story Mixed-Use building at a height of 175.7 feet at its tallest point,
where the Code limits development to 3 stories, with a maximum height of 40 feet.
(1) Parking Variance:
As discussed below, the requested variance adheres to the variance review
criteria set forth in Chapter 28, section 10.13 of the Code. Specifically, Petitioner will
demonstrate that: (a) special conditions and circumstances exist which are peculiar to
the land, structure or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district; (b) the special conditions and
circumstances do not result from the actions of the applicant; (c) granting the variance
requested will not confer on the applicant any special privilege that is denied by this
• chapter to other lands, buildings or structures in this same zoning district; (d) literal
interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same.zoning district under the terms of
this chapter and would work unnecessary and undue hardship on the applicant; (e) the
variance granted is the minimum variance that will make possible the reasonable use of
the land, building or structure; and (f) the grant of the variance will be in harmony with
the general intent and purpose of this chapter, and that such variance will not be
injurious to the area involved or otherwise detrimental to the public welfare.
(a) Special conditions and circumstances exist which are peculiar to the land
structure or buildinq involved and which are not applicable to other lands
structures or buildings in the same zoning district
Special conditions and circumstances exist which warrant the granting of the
requested variance. The proposed project for this Property is a Mixed-Use
development, combining residential and retail uses in one unified development, which is
unlike most other properties in the City. The retail that is proposed for this Project will
be the kind of retail designed to serve the residents of the Mixed-Use development. In
fact, a substantial amount of the customers who will frequent the proposed retail in this
Mixed-Use development will be the residents living in the residential portion. As a
result, those customers frequenting the retail portion who are also residents in the same
Mixed-Use development will not need to drive to the retail uses, and thus will not need
FTL:1665687:3
I
to park any additional cars. Therefore, the parking requirements for this Property are
not going to be the same as other retail properties in the City because many of the
customers of this retail will be residents who will not drive to the retail nor have a need
to park.
Under the current City Code, the Petitioner would be required to provide 714
standard parking spaces for the residential use and 223 parking spaces for the retail
use for a total of 936 parking spaces for the entire Mixed-Use development. The
Petitioner will provide 859 standard parking spaces, 22 tandem parking spaces, and 58
innovative vertical lift, or "rack", spaces for a total of 9.17 parking spaces. The current
Code does not provide for an exception or separate parking requirements for Mixed-Use
developments, despite the fact that such developments naturally reduce the amount of
commercial or retail parking necessary due to the fact that many of the intended retail
customers are located in the same development and thus would have no need to travel
by car, and thus no need for additional commercial or retail parking. The current Code
also does not envision valet, vertical lift or tandem parking spaces, which should be
counted as parking spaces because in this development, they will be utilized to store
cars. There are very few retail establishments in the City that provide valet service,
despite the fact that most major metropolitan cities have an abundance of valet parking.
The tandem spaces planned for this Project will be reserved for valet use, so no
customers will need to park their car parallel; only the experienced valet professionals
will be using these spots to park the retail customer's cars for the customer. Therefore,
since each valet tandem spot will likely store a parked car, these spots should be
counted. Additionally, the vertical lift spaces provide an innovative response to the
need to provide parking where there is a shortage of land, and therefore should be
counted as the Petitioner plans to fill each vertical lift space with a car.
Other cities in the South Florida area have recognized that Mixed-Use
developments provide an intelligent and creative way to utilize land without reducing the
quality of life of residents or harming retail uses. Those cities also recognize that
Mixed-Use developments should not be treated according to Code provisions designed
for the traditional segregated development of the past, where residential areas were
separate from the commercial or retail areas. As a result, those cities have created
code provisions which provide accurate and flexible parking requirements based on the
idea that combined uses reduce the amount of people traveling by car to the
commercial or retail uses. For example, the City of Boca Raton has recognized that
Mixed-Use developments that combine residential with retail uses naturally require less
parking, and therefore has implemented in its Code a provision to allow developers of
Mixed-Use developments to apply for a parking reduction which is reviewed on a case-
by-case basis. Fort Lauderdale also has special parking regulations for Mixed-Use
developments, only requiring 1.2 spaces for every dwelling unit for the residential use,
and a 40% reduction of the parking requirement for non-residential uses. The City of
Hollywood has designated certain districts appropriate for Mixed-Use development, and
allows such development to be exempt entirely from the parking requirements for retail
located on the first and/or second floors. Boynton Beach permits Mixed-Use
developments to provide 1.66 parking spaces for each two (2) or more bedroom unit
• FTL:1665687:3
and permits non-residential parking to be calculated at a minimum of one (1) parking
space for each two hundred (200) square feet of gross leaseable floor area. Boynton
Beach also permits tandem parking for Mixed-Use developments.
(b) That the special conditions and circumstances do not result from the
actions of the applicant.
The special conditions and circumstances are not a result of action by the
Petitioner. Currently, the parking requirements in the Code are not designed for Mixed-
Use development. The Code is designed with the traditional separation of residential
uses from retail uses in mind —anticipating the need for people to drive from
residentially designated areas to commercially designated areas. However, the_
proposed Project combines the residential and retail designations into one
development, thereby eliminating the need for many retail customers to travel by car
from their residences to arrive at a retail use. As a result, if the current parking
requirements, which are not designed for such a Mixed-Use development, are applied
to the current Project, the Petitioner would be forced to provide unnecessary parking, as
the current parking requirements in Code do not take into consideration the combining
of uses that occurs in Mixed-Use development. The Petitioner is the first to propose a
Mixed-Use project, and it is not a result of actions on the part of the Petitioner that the
Code does not address the unforeseen duplication of parking requirements that occurs
when a project combines residential uses with retail uses.
(c) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands buildings or
structures in this same zoning district.
Granting the Petitioner's request for a variance will not confer on the applicant
any special privileges denied by any other properties in the same zoning district. As
demonstrated above, the Petitioner's project is the first of its kind in the City that
combines residential uses and retail uses into a Mixed-Use development. As a result
there are no other properties that would incur the unforeseen duplication of parking
requirements that occurs when a project combines residential uses with retail uses.
(d) That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enioved by other properties in the same
zoning district under the terms of this chapter and would work unnecessary
and undue hardship on the applicant.
Literal interpretation of the provisions of this chapter would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardship on the applicant.
The Petitioner's proposed Project is very innovative and unique as Petitioner is
proposing to combine residential and retail uses. Because in a Mixed-Use
development, both residential and retail uses are combined in one building, such a
development meets its residents retail needs without requiring the residents to travel.
FTL:1665687:3
I
As illustrated above, being a Mixed-Use development, if the current parking regulations
were applied to this Property, the Petitioner would be forced to provide unnecessary
and duplicative parking. Other properties in this zoning district that are not Mixed-Use
developments do not have the benefit of residents and retail customers living in the
same building with no need to drive or park a car. Therefore, the denial of this variance
would deny the Petitioner rights commonly enjoyed by other properties in the same
zoning district and would result in undue hardship.
(e) That the variance granted is the minimum variance that will make possible
the reasonable use of the land building or structure
The variance requested is the minimum variance that will make possible the
reasonable use of the Property. The Petitioner will comply with all other Code
requirements.
(f) That the grant of the variance will be in harmony with the general intent and
purpose of this chapter, and that such variance will not be iniurious to the
area involved or otherwise detrimental to the public welfare
The grant of the variance will be in harmony with the general intent purpose of
this chapter and will not be injurious to the area or detrimental to the public welfare.
The Petitioner is proposing a new quality development that will likely increase the tax
base of the City and attract new residents and customers to the City. The Code
encourages new development, as well as encourages new business which will attract
customers and benefit the City.
(2) Height Variance
As discussed below, the requested variance adheres to the variance review
criteria set forth in Chapter 28, section 10.13 of the Code. Specifically, Petitioner will
demonstrate that: (a) special conditions and circumstances exist which are peculiar to
the land, structure or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district; (b)the special conditions and
circumstances do not result from the actions of the applicant; (c) granting the variance
requested will not confer on the applicant any special privilege that is denied by this
chapter to other lands, buildings or structures in this same zoning district; (d) literal
interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
this chapter and would work unnecessary and undue hardship on the applicant; (e) the
variance granted is the minimum variance that will make possible the reasonable use of
the land, building or structure; and (f) the grant of the variance will be in harmony with
the general intent and purpose of this chapter, and that such variance will not be
injurious to the area involved or otherwise detrimental to the public welfare.
`� FTL:1665687:3
(a) Special conditions and circumstances exist which are peculiar to the land
structure or building involved and which are not applicable to other lands
structures or buildings in the same zoning district
Special conditions and circumstances exist which warrant the granting of the
requested variance. The existing Code in the City was designed for a time when uses
were segregated with residential uses in one area of the City and commercial and retail
uses were located in another are of the City. The Code anticipated Federal Highway to
be a small commercial corridor for a small suburban town, and never anticipated the
population boom of South Florida. This population boom has created a need for cities
to be creative in the way they plan residential and commercial areas, and a result, the
new concept of Mixed-Use developments has been incorporated into modern cities in
the South Florida area. Much like all the other cities in South Florida, Dania Beach is
growing, and is no longer a small town, but rather a major metropolitan area. Federal
Highway is no longer a small commercial corridor, but a major gateway through all the
cities of South Florida. The City's small town concept has limited the amount of new
development within the City, creating a need for quality development to update the City
and attract new residents and consumers. In response to such growth, the City created
its downtown Local Activity Center("LAC"). This request is consistent with the
provisions of the LAC. The proposed Mixed-Use development, combining residential
and retail uses in one unified development, is very innovative and unique, being that
there are no other such Mixed-Use developments existing or proposed within the City.
The existing Code, therefore, being outdated and designed for a small town time which
!, has long since disappeared, anticipated much smaller buildings and does not address
the new, creative development concept of Mixed-Use projects. Additionally, being the
first of its kind, this Project is the first and only project to encounter the difficulty of
designing for the future under a Code with provisions designed for the past.
(b) That the special conditions and circumstances do not result from the
actions of the applicant.
The special conditions and circumstances are not a result of action by the
Petitioner. Currently, the height requirements in the Code are not designed for Mixed-
Use development, as demonstrated above. The Code is designed for the traditional
small town development, where the population was small, and so were the commercial
and retail needs. Buildings did not need to be very tall to provide the level of
commercial and retail service the small population required. However, times have
changed, and the City has developed into a major metropolitan area, servicing not only
the growing population of the City itself, but neighboring cities in the area as well as
attracting residents and consumers from outside South Florida. The proposed Project
combines the residential and retail designations into one development, providing a
creative and unique solution to the problems the City is facing, such as a lack of new
quality development to house and service the ever-growing population. The Petitioner
is the first to propose a Mixed-Use project, and it is not a result of actions on the part of
the Petitioner that the Code does not address the unforeseen problems of an outdated
code being applied to a new, modern and creative Mixed-Use development.
FTL:16656 87 3
(c) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands buildings or
structures in this same zoning district.
Granting the Petitioner's request for a variance will not confer on the applicant
any special privileges denied by any other properties in the same zoning district. As
demonstrated above, the Petitioner's project is the first of its kind in the City that
combines residential uses and retail uses into a Mixed-Use development. As a result
there are no other properties that would incur the unforeseen problems of an outdated
code being applied to a new, modern and creative Mixed-Use development.
(d) That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enioved by other properties in the same
zoning district under the terms of this chapter and would work unnecessary
and undue hardship on the applicant.
Literal interpretation of the provisions of this chapter would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardship on the applicant.
The Petitioner's proposed Project is very innovative and unique as Petitioner is
proposing to combine residential and retail uses in an attempt to bring new quality
development to the City. Most of the existing structures in the City are older, and were
built on the small town premise and were not designed for a modern metropolitan area.
The existing code provisions were designed when the City was a small suburban town,
and did not and could not envision the new Mixed-Use development concept currently
proposed by the Petitioner. If those outdated provisions were applied to the proposed
Project, the Petitioner would not be able to provide the City with the new, innovative
Mixed-Use Project at all. The Code does not present the same kind of development
hindrance to any other properties as there are no other Mixed-Use properties in this
zoning district, existing or proposed. Therefore, the denial of this variance would deny
the Petitioner rights commonly enjoyed by other properties in the same zoning district
and would result in undue hardship.
(e) That the variance granted is the minimum variance that will make possible
the reasonable use of the land buildinc
i or structure.
The variance requested is the minimum variance that will make possible the
reasonable use of the Property. The Petitioner will comply with all other Code
requirements.
(g) That the grant of the variance will be in harmony with the -general intent and
Purpose of this chapter, and that such variance will not be iniurious to the
area involved or otherwise detrimental to the public welfare
FTL:1665687:3
l c
The grant of the variance will be in harmony with the general intent purpose of
this chapter and will not be injurious to the area or detrimental to the public welfare.
The Petitioner is proposing a new quality development that will likely increase the tax
base of the City and attract new residents and customers to the City. The Code
encourages new development, as well as encourages new business which will attract
customers and benefit the City.
1
l
FTL:1665687:3
1
i
Exhibit "C"
Justification For Special Exception
The Developer of One Dania Beach, a mixed use residential and commercial project on
the northeast comer of Dania Beach Boulevard and Federal Highway ("Project") is requesting a
special exception approval to allocate 330 local activity center units for the residential
component of the Project. Special exception applications are required to demonstrate
compliance with the following criteria:
(1) That the uses permitted as a special exception as set forth in the Schedule of
Reviews Regulations, Article 4 of the City of Dania Beach City Code. In District Zone C2 or
C3, multi-family housing is permitted when located within the Downtown Dania Beach
Redevelopment District or the Dania Beach Community Redevelopment Area ("CRA"). This
( Project is located within the CRA and as such is provided for under Article 4 of the City Code.
(2) That the use will not cause a detrimental impact to the value of existing
contiguous uses or the uses in the general area. This mixed use Project is not detrimental to the
contiguous properties or generally in the C3 zoned areas along Federal Highway. In fact, this
site is viewed as perhaps one of the most important redevelopment sites downtown and this
particular proposal is consistent with the CRA Plan and the goals that have previously bccu set
forth by the City Comiiiissiuu. Currently, there is little to nu pedestrian use of the duwntown
area and consequently coniuic;rcial businesses have suffewd. During the evening liuuis, yuu see
no activity and hence most of the businesses shut down and leave the City downtown area dark.
One of the principal goals of the SEPTED is to locate people in areas that otherwise would not
see activity, hence, creating community watchdogs. This site will start that process and meet one
of[lie most important ubjccti�es cities have in securin, their neighborhoods. Accurdin�;!,-, this
is
1
Project not only meets the City's goals contained within the CRA Plan, but also meets other
i
important goals of the City's Zoning Code and Comprehensive Plan.
Additionally, the commercial component of this site will offer needed restaurants
and retails uses that will again provide all of the City of Dania Beach with retail opportunities
and make the downtown area more vibrant.
(3) That the use will be compatible with existing uses on the contiguous properties
and in the general zoning district and will be consistent with the general character of the area
considering population density, design, scale and orientation of structured city area. This Project
and the mixed use is consistent with the surrounding area. The new commercial will offer
restaurant and retail uses that are not already located in the downtown area. The residential will
support existing retail that is currently not thriving due to a lack of residential population within
the area. The density is compatible with other urban downtown projects. The design is also
i
compatible with what is being done on the east-end of town as well as what is being proposed for
the redevelopment of the Dania Beach Hotel site. The residential units will be offered at market
rates which exceed much of the City's housing stock and as such should increase property values
in the area. The Developer has received significant interest by major restaurant chains to locate
their restaurants within the retail component of this Project.
(4) Adequate landscaping and screening will be provided. The Project proposes
multiple levels that will have landscaped and green areas for not only the benefit of the residents
but to add a different component to the architecture and design of the building. Furthermore, the
design of the building proposes a pedestrian, promenade-like component which will be heavily
landscaped improving the existing vistas. Along the north-side of the building there will be a
dog walk area that will also be green. For an urban product, this particular Project contains a
FTL:1666058:1
2
significant amount of landscaping and, in fact, is more than what prior developers are proposing
elsewhere in the downtown area.
(5) Adequate parking and loading is provided and ingress and egress is designed so as
to cause minimum interference with traffic on abutting streets — the site has been designed to
eliminate conflicts between the retail and the residential development, residential ingress shall be
located primarily from the east (Is') side of the Project. Ingress and egress for the commercial
parking is predominantly off of Dania Beach Boulevard and Federal Highway. This design
should eliminate any significant conflicts in the traffic flow. Furthermore, the designer has
provided that the retail parking is exclusive and segregated from the residential parking also
avoiding conflicts. The residential parking is being provided in accordance with the latest
parking code and no parking variances are being requested for the residential component of the
Project. The commercial component will be utilizing valet parking. The valet parking is
1
primarily on the subbasement level of the Project and uses tandem spaces but will also have
access to standard spaces. Additionally, the Developer is proposing to utilize an automated lift
system to create additional spaces. The lifts are not counted by City code, but will be more than
adequate to satisfy the required commercial parking. We have provided in our parking variance
an analysis of what other mixed use projects in Broward County offer in the way of parking and
we greatly exceed what those mixed use projects provide.
(6) Use is consistent with the Comprehensive Plan. The Project is entirely consistent
with the underlying Land Use Plan. We are requesting the allocation of 300 LAC units. That is
consistent not only with the Comprehensive Plan but also with the City CPA Map.
(7) That the use will not have a detrimental and environmental impact upon
contiguous 1►mrertics and upon properties located in the general area. As described above, the
i
FTL:1666058:1
Project has tiers of building mass. The building is similar to a wedding cake type of a design.
By stepping the building back, there is no canyon effect. This approach will mitigate the size of
the structure. Furthermore, by adding the extensive landscaping and paver materials that this
design calls for,the Developer has softened the nature of this urban project and has created more
of a pedestrian friendly promenade which will again enhance the neighboring properties and
encourage more pedestrian uses providing a positive environmental impact as far as creating a
safer area for the community to enjoy.
(8) That the use will not have a detrimental effect on vehicular/pedestrian traffic. The
Developer has submitted this Project to the Florida Department of Transportation ("FDOT')
which has approved the openings on Dania Beach Boulevard and on Federal Highway. A
northbound right-turn lane will be provided on Federal Highway which will actually improve
traffic conditions that currently does not exist today. The Developer is also expanding the Dania
Beach/Federal intersection by providing an additional dedication of right-of-way on Dania Beach
Boulevard in order to improve the right-turning movements heading northbound on Federal
Highway. The parking traffic flow, as mentioned above, has been designed to limit the
interaction between the residential and the commercial traffic. The parking, again, is segregated
and the driveways and openings were designed in such a way to maximize efficiency. The
Developer hircd Walker Parking Consultants to evaluate the entire parking stricture, including
ingress, egress and traffic flow. The documents that have been submitted to the City reflect the
expert's recommendations and have incorporated those recommendations into the revised and
final Plan.
(9) I'hat the use will not utilize turning movements in relation to its access to public
roads or intersections, or its locations in relation to other stnictures or proposed stnictures on or
i
FT1:1666058:1
4
near the site that would be hazardous or a nuisance. The Project was designed to include turn
lanes. The access on Dania Beach Boulevard provides for a turning lane and cul-de-sac to
improve traffic flow on Dania Beach Boulevard. The principal residential opening on First is set
back from Dania Beach Boulevard and is at the northeast corner of the site providing significant
stacking if necessary so as to avoid any kind of negative impact on Dania Beach Boulevard.
With the two turning lanes that will be constructed, this Applicant has done the maximum
possible to improve turning movements and remove cars from the traveling lanes of both Federal
Highway and Dania Beach Boulevard. Again,FDOT has approved those turning movements.
(10) That the use will not have a detrimental affect on the future development of
contiguous properties or the general area according to the Comprehensive Plan. This Project is
consistent with the City's Comprehensive Plan. The Developer has provided sufficient setbacks
so as to avoid creating problems for the future development of contiguous properties.
1
(11) That the use will not result in the creation of incompatible noise, lights,
vibrations, fumes, odors, dust or physical activities. By providing a stepped back approach to the
design of the building, the Developer has mitigated any potential that might arise for
incompatible noise, lights, fumes, sounds or activities. Furthermore, by placing open spaces and
landscaping on various levels of the Project, the design also allows for certain aesthetic benefits
from that landscaping from both the street level or upper levels of other buildings as the case
may be. The Developer intends to use some of the latest building constriction materials as to
sound acid wind resistance. As such, this building will be far less of a noise generator than
existing uses in the City.
(12) I'hat this use will not overburden existing public services and facilities. The
Developer has been in communications with the utilities department and by the time that this
• FTL:1666058:1
5
l
Project will be ready for permits, sufficient water capacity should be available. We have already
i
been advised that the sewer capacity is available.
(13) That the use will be sufficiently accessible to permit entry onto the property by
fire, police, rescue and other public services. The Developer has met on multiple occasions with
the Fire Department and has responded to all comments provided to them by the Department.
(14) That the use will be consistent with the definition of a special exception and will
meet the standards and criteria and of the zoning classification in which the use is proposed. As
mentioned above,this use is consistent with the C2 and 3 zoning designations. The definition for
a special exception provides for "a use which may be allowed within a zoning district subject to
the provisions of this chapter and in accordance with the procedures as set forth in Article 10 of
this Chapter." We have filed the appropriate special exception application with fees. We
understand that this application will be processed concurrent with the site plan. As discussed
above, we believe that this application adequately meets with all of the criteria contained within
Article 10.
i
FTL:1666058:1
6
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NOTICE OF PUBLIC HEARING
16 CITY OF DANIA BEACH
SE-03-06/VA-03-06
VC-03-06
0 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, June
27, 2006 at 7:00 pm or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall,
100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any cornments which
might be made to the following request submitted by Cindy Meyer on behalf of Hollywood Investments Group,
LLC:
SE-03-06 — Special Exception request to allocate 305 Local Activity Center ("LAC") dwelling units to construct
a mixed-use residential/commercial development. Property generally located on the north side of Dania
Beach Boulevard between US 1 and NE 15' Court (See map on reverse side of notice).
VA-03-06—Variance Requests:
1) Variance request to allow a 140 foot high,(ceiling of highest floor) mixed-use residential/commercial
building (Maximum height in C-2 is 40 feet).
2) Variance to allow tandem/stacked parking spaces for apartments (Tandem parking prohibited).
3) Variance to allow tandem/stacked parking spaces for retai Vrestau rant (Tandem parking prohibited).
4) Variance to waive pervious area requirement (Code requires 15% - 30%).
5) Variance to reduce required overall project parking by 26.3 % (829 spaces required by parking code;
611 spaces provided on plan).
VC-03-06: Request to vacate (and close street) for a portion of NE 1 Avenue generally located between the
Pirates Inn and the former Fish Grill properties. Request to vacate a 15 foot alley located on the former Fish
Grill site and a 1 1/2 foot wide utility easement.
Legally Described as: Lots 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 12, "The Town of Modelo",
according to the plat thereof, as recorded in Plat Book "B", Page 49 of the public records of Miami-Dade
County, Florida. Less the right-of-way for State Road #5 and less the right-of-way for Dania Beach Boulevard.
Said lands situate, lying and being in Broward County, Florida. Together with: Lot 27, Less the right-of-way of
Dania Beach Boulevard; Lots 28, 29, 30 and 31, Block 2, "Eskilson Addition to the City of Dania", According to
the plat thereof, as recorded in Plat book 7, page 10 of the public records of Broward County, Florida.
Together with: Lots 1, 2, 3, 4, 5 and 6, Block 1, less the right-of-way for Dania Beach Boulevard, together with
lots 1 and 2, Block 6, "Beachway", according to the plat thereof, as recorded in Plat Book 8, Page 33 of the
public records of Broward County, Florida.
Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania
Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924-
3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed
petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622,
at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission
with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to based.
Lou Ann Cunningham, Planning Associate
• Publication Date: June 16, 2006
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