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HomeMy WebLinkAboutR-2006-126 Aqua Isles (Variance) RESOLUTION NO. 2006-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL,LLC.,FROM CHAPTER 28,"ZONING",ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS",SECTION 5.36,"WALLS,FENCES AND HEDGES" AND CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING",FOR PROPERTY LOCATED AT PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations",Section 5.36,"Walls,Fences and Hedges",sets the regulations for walls, fences and hedges within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, "Landscaping" sets the regulations for perimeter buffering requirements within the City of Dania Beach; and WHEREAS, Carr Residential, LLC., has applied for a variance (VA-62-05) to allow the • following: 1. To allow the perimeter wall to be 5 feet from the south property line;the Code requires 15 feet; 2. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; the Code requires 15 feet; and 3. to allow the entrance wall and the gate to be 9'8"feet in height and to allow the columns of the perimeter fence to be 6.5 feet in height; Code requires a 6 foot maximum height; and WHEREAS,the Planning&Zoning Board on January 18,2006,recommended that the City Commission grant variance request VA-62-05 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", 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 that certain application(VA-62-05),for a variance as described above(from requirements in Chapter 28 "Zoning",Article 5,"Supplementary Lot Regulations"and Chapter 26, Vegetation), a copy of which is attached as Exhibit"A"is approved,with the following conditions: 1. Provide $381,845.74 local park impact fee prior to issuance of building permits. 2. Show location of all over-head lines (telephone, power, etc.) on landscape plan. 3. Provide letter from solid waste company stating number and size of dumpsters provided is sufficient based on two pickups per week. 4. Provide dock approval documentation from DPEP. 5. Compliance with City Zoning Appendix dock requirements. 6. City Attorney to approve condominium disclosure language acknowledging current airplane over-flights(including BCAD's decision to permit commercial air traffic)and planned south runway expansion. 7. The recorded condominium document(including city attorney approved language) shall be provided to the City prior to issuance of any development permits. 8. Applicant shall provide a tree valuation analysis to be evaluated by the City Landscape. 9. A tree bond and mitigation fee may be required pending analysis of Item 8 and 9. 10. Installation of impact resistant windows in lieu of shutters. 11. Fire Flow Calculations.Please provide fire flow calculations to be prepared by a professional engineer currently licensed in the state. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, published by the Insurance Services Office (Appendix A) December 1974 edition (Fire Marshall). 12. Approved Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities,buildings or portions of buildings are hereafter constructed or moved into the jurisdiction. [1:18.3.1*] (See NFPA 1141 as a reference for additional water supply and fire flow information—for 2 RESOLUTION#2006-126 • minimum number of required hydrants and distribution) — provide a fire flow test to be witnessed by the fire prevention bureau to determine adequate water supply. This must be scheduled through the fire prevention bureau (954) 924-3635(Fire Marshall). 13. Hydrant Detail Requirements. Please provide additional hydrant detail to indicate a steamer opening size of 4.5 inches with 4 National Standard Threads per inch (Fire Marshall). 14. Blue Reflective Hydrant Markers. Provide a note for hydrant markers. One blue double- reflective department of transportation type road marker is to be adhered to the hard surfaces roadway in the middle of the lane nearest to & directory in front of the newly installed fire hydrants (Fire Marshall). 15. Landscape/Greenscape Obstructions. Provide a note on the landscape plan submittal for clearance requirements for the fire department with regards to landscape/greenscape. M16. Fire Hydrants — Clearances of 7'6" in front of and to the sided of any hydrant with a4' clearance to the rear of any hydrant must be maintained.Vertical clearance of 14' is required for all tree canopies over drive aisles and fire department access roads. Fire Protection Appliances—Clearances of 7'6"in front of and to the dies of any appliances(Fire Marshall). 17. Backflows Required. Provide the locations of the backflow prevention assemblies. 18. Impact Protection for Backflow Preventions. Provide impact protection detail for the backflow preventors. Permanent Barrier — Fire Hydrants, Backflow Preventors, Fire Department Connections and any other Fire Protection Appliances located in parking areas shall be protected permanent barrier approved by the fire chief that will prevent physical damage from vehicles. Three inch steel pipe buried three feet deep,three feet high&spaced thee feet apart, filled with concrete and capped are acceptable (Fire Marshall). 19. Siamese Connection Required. Where such docking facilities are inaccessible to Fire 3 RESOLUTION#2006-126 Department equipment, or exceed 150 feet from Fire Department vehicular access, a 2.5" Fire Department Siamese connection shall be provided. Location of Siamese shall be approved by the Fire Department [BCA F-26.4] (Fire Marshall). 20. See the Fire Marshall's comments dated 1/19/06 & 11/15/05 for hose station spacing requirements (Fire Marshall). Section 2. That based upon Section 10.13 of Article 10 of Chapter 28, of the Code of Ordinances of the City of Dania Beach,the variance 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 passage and adoption. PASSED AND ADOPTED on July 25, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: , LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS BY: I �' THOMAS J. A14§B 01 CITY ATTORNEY 4 RESOLUTION#2006-126 CITY OF ®AMA BEACH Agenda Item ff Agenda Request Database Date of Commission Meeting: 7/25/2006 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: VA-62-05 - Request by applicant and owner, Aqua Isles by Carr Residential, LLC., for property located at 3901 Griffin Road, Dania Beach, Florida, for a variance approval. ...ov., ,,..e_.,,,..W�wv°.ewrl, w.w,(�:m' ..Jh:.i.a_sS,.r._..=,.uw k...-s 1,- 3,v..s,.mw,.'L,w�a.,mS`'a'....,s.-✓..Slv,,.',e '�...,.=✓_,ruw2..l�«... "✓, �1 4w�A' �- �hat Action Acconnplishes ,� fF� Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-62-05-Variance request: (recommended for approval at the January 18, 2006 Planning and Zoning Advisory Board Meeting.) a. To allow the perimeter wall to be 5 feet from the south property line; code required 15 feet. b. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; code required 15 feet. C. To allow the entrance wall and gate to be 9'8"feet and allowing the columns of the perimeter fence to be 6.5 feet; code requires a 6 foot maximum. i� :; 9�"'� i,f:�,� :?�a,�.����'�s ..1���'„�'-• � � „Q� 1��,�t&�u�y��' a� n„,� .,, _`.� '�r�:� z'�.:� ✓� 5�� � $' r � :"�n s`*s „ ��"��'.rx r2i"� i �, «q✓�'� tst°'f�„�,ay�'. � a. '� z'� 5 e h's 'l'-.",� � .�.t,«°'� `2� x ��'Q����';: ,�` s�l�sn� � ,: z n," "�P �"'+Y: J, s� Resolution (Exhibit 1) Staff Report Staff comments Application Hearing Notice (Exhibit 2) Loction Map (Exhibit 2) Mailing List(Exhibit 3) Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 _ - Submitted by Laurence G. Leeds, AICP Date Department Director Date HR Director Date Finance Director Date City Attorney Date City Manager Date '"aFn� LYz' CI#�F ClerkUse� y�r �, r J r z r + �r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-126 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL,LLC.,FROM CHAPTER 28,"ZONING",ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS",SECTION 5.36,"WALLS,FENCES AND HEDGES" AND CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING",FOR PROPERTY LOCATED AT PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations",Section 5.36,"Walls,Fences and Hedges",sets the regulations for walls, fences and hedges within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, "Landscaping" sets the regulations for perimeter buffering requirements within the City of Dania Beach; and WHEREAS, Carr Residential, LLC., has applied for a variance (VA-62-05) to allow the following: 1. to allow the perimeter wall to be 5 feet from the south property line; the Code requires 15 feet; 2. to allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; the Code requires 15 feet; and 3. to allow the entrance wall and the gate to be 9'8"feet in height and to allow the columns of the perimeter fence to be 6.5 feet in height;Code requires a 6 foot maximum height; and WHEREAS,the Planning&Zoning Board on January 18,2006,recommended that the City Commission grant variance request VA-62-05 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", 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 that certain application(VA-62-05), for a variance as described above (from requirements in Chapter 28 "Zoning",Article 5, "Supplementary Lot Regulations"and Chapter 26, Vegetation), a copy of which is attached as Exhibit"A"is approved, with the following conditions: Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on , 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-126 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: ,July 25, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G, G Corinne Church, AICP, Principal Planner 6q� SUBJECT: VA-62-05/SP-36-05: The applicant and owner, Aqua Isle by Carr Residential, LLC., is requesting a waiver of pervious area, variance and site plan approval to allow the construction of 127 townhouses located at 3901 Griffin Road. WAIVER OF PERVIOUS AREA To allow 37% pervious area; code requires 40%. VARIANCE 1 . To allow the perimeter wall to be 5 feet from the south property line; code required 15 feet. 2. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; code required 15 feet. 3. To allow the entrance wall and gate to be 9'8" feet and allowing the columns of the perimeter fence to be 6.5 feet; code requires a 6 foot maximum. SITE PLAN • To allow the construction of 127 townhouses. • PROPERTY INFORMATION ZONING: T-1 (Trailer Park) LAND USE DESIGNATION: Low Medium 0 0) Residential WAIVER OF PERVIOUS AREA The site plan provides 37% pervious area. The City Code requires 40%. The code allows the pervious area to be reduced provided the applicant demonstrate that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or project design are present. The Engineering Consultant indicates that the 3% reduction in impervious area is acceptable (see attached). VARIANCES 1 . To allow the perimeter wall to be 5 feet from the south property line; code required 15 feet. The perimeter 6 foot pre-cast concrete wall (Griffin Road) has a setback between 5 feet and 20 feet. Staff has requested and applicant has provided an irregularly shaped wall (in addition to landscaping) to create visual interest along Griffin Road. 2. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; code required 15 feet. The plan generally meets the quantity of landscape material required by city code. The tree and palm species provide privacy and a well balanced canopy upon completion. 3. To allow the entrance wall and gate to be 9'8" and allowing the columns of the perimeter fence to be 6.5 feet; code requires a 6 foot maximum. • The applicant is requesting an entrance gate larger than code allows. The vinyl clad fence, metal picket and pre-cast concrete walls are all shown to be 6' in height, however the columns of each of these fences and wall is 6.5' tall. A slightly taller column is a typical fence/wall design. SITE PLAN To allow the construction of 127 townhouses. The property was previously occupied by over 100 mobile home homes with a single entrance off Griffin Road. The site plan shows 12 7 townhouses (2 and 3 bedroom) two-story townhouses with access in the same general location. With the exception of color, building elevations facing Griffin Road are the same as the Cocoplum Townhouses (south side of Griffin east of • Publix). The buildings are separated from Griffin Road with a wall and landscaping on the outside of the wall. The City Code requires dedication of 0.76 of public park land or (if approved by the City Commission) payment of a fee in lieu thereof. The applicant has requested Commission approval to pay the fee in lieu of the land dedication. The appraised value of the entire property submitted by the applicant is $5,200,000.00. Based on the City Code and the applicant's appraisal, the local park impact fee is $381 ,835.74. On January 18, 2006 the Planning and Zoning Board continued the site plan to allow the applicant to address staff comments and neighborhood traffic concerns. The driveway location has not changed from the original plan. Changes to driveway location would require the final approval of MOT and Broward County. • PLANNING AND ZONING BOARD RECOMMENDATION On ,July 19, 2006 the Planning and Zoning Board will review the variances and the site plan, including driveway location. Their recommendation will be presented at the City Commission meeting. Since not all staff conditions have been addressed, any City Commission should be subject to Attachment's A (General Conditions) and B (Fire Department Conditions). Changes to driveway location would require the final approval of FDOT and Broward County. AQUA ISLES - ATTACHMENT A (GENERAL CONDITIONS) 1 . Revise plan to dedicate 0.76 acres of public park land or provide $381 ,845.74 local park impact fee (City Commission). 2. Show location of all over-head lines (telephone, power, etc.) on landscape plan (Planning Division). 3. Provide letter from solid waste company stating the number and size of dumpsters required is sufficient based on 2 times per week pickup for this development. 4th request (Planning Division). 4. Provide approval documentation for the dock from DPEP. 2nd request (Planning Division). 5. Maximum Dock extension is 20' as measured from bulk head. Plan proposes 24' dock extension. Revise or obtain variance. 2nd request (Planning Division). 6. Language acknowledging current airplane over-flights (including BCAD's recent decision to permit commercial use) and planned south runway expansion shall be included in condominium documents. Applicant shall obtain written approval of said language from the City Attorney. 7. The recorded condominium document (including city attorney approved language) shall be provided to the City prior to issuance of any development permits (Planning Division). 8. Applicant shall provide a tree valuation analysis to be evaluated by the City Landscape (This item was requested December 1 , 2005 by the Landscape Consultant). 9. A tree removal permit will have to be issued, requested December 1 , 2005 (Landscape Consultant). 10. A tree bond and mitigation fee may be required pending analysis of Items 8 and 9, requested December 1 , 2005 (Landscape Consultant). 11 . Installation of impact resistant windows in lieu of shutters. AQUA ISLES - ATTACHMENT B (FIRE DEPARTMENT CONDITIONS) 1 . Fire Flow Calculations. Please provide fire flow calculations to be prepared by a professional engineer currently licensed in the state. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, published by the Insurance Services Office (Appendix A) December 1974 edition (Fire Marshall). 2. Approved Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into the jurisdiction. [1 :18.3.1*] (See NFPA 1 141 as a reference for additional water supply and fire flow information - for minimum number of required hydrants and distribution) - PROVIDE A FIRE FLOW TEST TO BE WITNESSED BY THE FIRE PREVENTION BUREAU TO DTERMINE ADEQUATE WATER SUPPLY. THIS MUST BE SCHEDULED THROUGH THE FIRE PREVENTION BUREAU (954) 924-3635(Fire Marshall). 3. Hydrant Detail Requirements. Please provide additional hydrant detail to indicate a steamer opening size of 4.5 inches with 4 National Standard Threads per inch (Fire Marshall). 4. Blue Reflective Hydrant Markers. Provide a note for hydrant markers. One blue double-reflective department of transportation type road marker is to be adhered to the hard surfaces roadway in the middle of the lane nearest to & directory in front of the newly installed fire hydrants (Fire Marshall). 5. Landscape/Greenscape Obstructions. Provide a note on the landscape plan submittal for clearance requirements for the fire department with regards to landscape/greenscape. 6. Fire Hydrants - Clearances of 7'6" in front of and to the sided of any hydrant with a4' clearance to the rear of any hydrant must be maintained. Vertical clearance of 14' is required for all tree canopies over drive aisles and fire department access roads. Fire Protection Appliances - Clearances of 7'6" in front of and to the dies of any appliances (Fire Marshall). 7. Backflows Required. Provide the locations of the backflow prevention assemblies. 8. Impact Protection for Backflow Preventions. Provide impact protection detail for the backflow preventors. Permanent Barrier - Fire Hydrants, Backflow Preventors, Fire Department Connections and any other Fire Protection Appliances located in parking areas shall be protected permanent barrier approved by the fire chief that will prevent physical damage from vehicles. Three inch steel pipe buried three feet deep, three feet high & spaced thee feet apart, filled with concrete and capped are acceptable (Fire Marshall). 9. Siamese Connection Required. Where such docking facilities are inaccessible to Fire Department equipment, or exceed 150 feet from Fire Department vehicular access, a 2.5" Fire Department Siamese connection shall be provided. Location of Siamese shall be approved by the Fire Department [BCA F-26.41 (Fire Marshall). 10. See the Fire Marshall's comments dated 1 /19/06 & 1 1 /15/05 for hose station spacing requirements (Fire Marshall). I CITY OF DANIA BEACH l COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM Route Date f>?i'/3905 31♦3�`Ofa PZ Log SP-38-05&VA-82-0g Project AQUA ISLES(REV 4) -- Folio 5042-30-00-0280 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATID ZONING BOARD AND CITY COMMISSION.THANK YOU. ON TO THE PLANNING AN Route Via: Mall PlckUp In-house Se ❑ Fire Marshal ❑ Public Services ® Planner ❑ Landscape ❑ Engineering(Fred B) CPTED ❑ Calvin Giordano ❑ Approved as submitted ❑ Denied Comments mull be addressed and resubmitt prior ❑ Approved w/conditions LlstConditlons F Ky Signature Print Name Date - - -- -- -ate-- --— i • Aqua Isles SITE PLAN REVIEW ONLY 4-11-05 Corinne Church (954) 924-3704 Zoning: T-1; FLU: LM (10) • Additional Action Required: • Rezoning • Assignment of units • Waiver of pervious area • Variance for height of entry wall (application not yet submitted) • Max. Height of walls, fences, column & posts = 6'. Revise the following on Sheet A-14: 3"d request. o Main Exit, Front Elevation = 9'8' proposed; 6' permitted. Variance is required. o Entry Wall, Front Elevation = 9'80 proposed; 6' permitted. Variance is required. • Variance for landscape buffer adjacent to south property line 1. The applicant shall confirm that he has complied with Chapter 723.083 Florida Statues relative to removal/relocation of mobile home owners. Provide affidavit discussed in the applicant's resubmittal statement. 3nd request(Planning Division). 2. Provide approval documentation for the dock from DPEP. V request (Planning Division). 3. Maximum Dock extension is 20' as measured from bulk head. Plan proposes 24' dock extension. Revise or obtain variance. V request (Planning Division). 4. The recorded condominium document (including city attorney approved language) shall be provided to the City prior to issuance of any development permits (Planning Division). 5. CD zip file containing elevations, floor plans and color renderings saved in jpeg is required at time of P&Z submittal (Planning Division). NOTES: • Language acknowledging current airplane flights over subject property and planned south runway expansion to accommodate commercial jet traffic to be included in condominium documents and the BCAD's recent decision to permit commercial use of the south runway. Language shall be approved by the City Attorney prior to the Planning and Zoning public hearing. The recorded condominium document language shall be provided to the City prior to issuance of building permit. • 15' landscape buffer between s. property line & wall is required per Sec. 26-52(b). Revise plan accordingly or request a variance. ® Identify location, size and public access of public park land dedication being provided. If payment of fee is being request of the City Commission, must provide an appraisal dated within the last 6 months. Please note failure to provide park land may result in City Commission disapproval of the site plan. • Requesting waiver of 40% pervious area. Applicant must receive written recommendation by City P.E. prior to Planning and Zoning Board public hearing_ Pervious area is based on 40% of net site area, which excludes road r-o-w and canals. l i -� LU _ u U z LJ ❑ ❑ zZ pN ? N c N w 0 0 m g75 z g o0 u �z d i y zg 3 _ g wa O LL m= w a °~ m � w ZZ U. 0f- w W D jp U. ~o a a c V D�} Lu 3 mL Fes- Z aQ o' - wN0 z�Y U wLU CL LL LU �WLLIz 0 m w N ❑ ❑ ❑ ❑ Qa2 m M 2 ` c LU L ?7 °c c a co O W ~WU L Ht N J �W N cy1 a N c c0 I W p ._ y .D.Lu fD II�( Lu�0 LL j �I LO w:a a E O —� o Q q amm > Ea d E 0 ° o U � a` a: April 6, 2006 MEMORANDUM TO: Corrine Church FROM: Patti Hoot-McLeod Landscape Consultant RE: Aqua Isles SP-36-05 &VA 62-05 Please provide the following information and/or changes to meet code requirements: ® The landscape plan as submitted exceeds the City of Dania Beach, landscape requirements. o Please provide the tree evaluation summary for trees to remain on site and trees to be removed from the site. Please note that a visual inspection was made for the trees on site and most of the trees and palms have suffered severe hurricane damage,please submit the survey identifying damaged trees along with photo documentation of the trees for City records. Very few trees a worthy of preservation and it may be in the best interest of the owners to consider removal • of the trees and palms. Payment into the Tree Trust Fund, for the value of the trees that cannot be properly preserved during construction may be a better environmental option. Respectfully submitted Patti Hoot-McLeod APR 7 i i i i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM 19 PZ Log SP 36-05 S VA.62-06 Route Dal® ? 2p0 0 Foilo 5042-30-00-0280 Project ADUA ISLES(REV 4) 0 BE ED IN S PLE ASE REVIEW THE ABOVE REFERENCES PR RECOMMENDATION TO THE PILAN NG AANND ZONING COMMUNITY DEVELOPMENT DIRECTOR BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mall ❑ PlckUp© In-house❑ Planner ❑ Flro Marshal © Public Services ❑ ❑Engineering(Fred B) ❑ Calvin Giordano ❑ Landscape CPTED ❑ Denied Approved as submitted ❑ Approved wlconditions (� Comments must be addressed an ( resubmitted prior to PZICItY Commission ListConditions APR 7 2�G6 Signature 7� C)D LU Print Name ® Calvin, Giordano & Associates, Inc. . E X C E P T 1 0 N A L S 0 L U T 1 0 N 5 b May 15, 2006 Ms. Corinne Church City of Dania Beach, Convnunity Development Department 100 W Dania Beach Blvd. Dania Beach, FL 33004 Re: Aqua Isles Site Plan (SP-36-05) CGA No. 04-4925 Dear Ms. Church: We are in receipt of your comments dated April 11, 2006 and offer the following responses: Additional Action Required: ■ Rezoning ■ Response: Approved, see attached Ordinance No. 2006-004 ® .Assignment of units ■ Response: Preserve units allocated, see attached Resolution No. 2006-060 a Waiver of pervious area ■ Response: Pervious area deemed sufficient per Fred Bloetscher. See attached n:enco. • Variance for height of entry wall (application not yet submitted) ■ Max. height of walls, fences, column and posts = 6'. Revise the following on Sheet A-14: (3`d request) - Main Exit, Front Elevation = 9'8" proposed; 6' permitted. Variance required. Entry Wall, Front Elevation = 9'8"proposed; 6' permitted. Variance is Engineering required. Construction Engineering Variance for landscape buffer adjacent to south property line &Inspection Municipal Engineering Response: The above variances were approved during the January 18, 2006 A&Z Transportation Planning with a 5-0 vote. &Traffic Engineering Surveying&Mapping 1. The applicant shall confirm that he has complied with Chapter 723.083 Florida Planning Statutes relative to removal/relocation of mobile home owners. Provide affidavit Landscape Architecture & Environmental Services discussed in the applicant's resubmittal statement. (3`d request-Planning Division). Construction Services Response: All tenants have been relocated and compensated in accordance with Indoor,Air Quality Chapter 723.083. An affidavit is currently being executed by the owner and will be Data Technologies provided to the City. &Development h ry Emergency Management Services io Eller Drive,Suite 600 Lauderdale, FL 33316 ne:954,921.7781 Fax:954.921.8807 www.calvin-giordano.com Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead May 3, 2006 Page 2 Aqua Isles 2. Provide approval documentation for the dock from DPEP. (3`d request — Planning Division). Response: 9411 be provided when received. If necessary at that time, a variance will be filed to show the docks as permitted by DPEP. 3. Maximum dock extension is 20' as measured from bulk head. Plan proposes 24' dock extension. Revise or obtain variance. Q d request—Planning Division). Response: A variance application, if required, will be filed upon issuance of the DPEP permit. It is understood that the City will not issue a dock permit until the variance, if required, is approved. 4. The recorded condominium document (including city attorney approved language) shall be provided to the City prior to issuance of any development permits (Planning Division). Response: Acknowledged 5. CD zip file containing elevations, floor plans and color renderings saved in jpeg format is required at time of P&Z submittal(Planning Division). Response: Provided NOTES: Language acknowledging current airplane flights over subject property and planned south runway expansion to accommodate commercial jet traffic to be included in condominium documents and the BCAD's recent decision to permit commercial use of the south runway. Language shall be approved by the City Attorney prior to the Planning and Zoning public hearing. The recorded condominium document language shall be provided to the City prior to issuance of building permit. Response: Airplane flight language provided in attached condominium documents. See section: 15.14. Language has been provided to the City Attorney for approval. See attached email. ® 15' landscape buffer between s. property line & wall is required per sec. 26-52(b). Revise plan accordingly or request a variance. Response: The variance was approved during the January 18, 2006 P&Z with a 5-0 vote. ® Identify location, size and public access of public park land dedication being provided. If payment of fee is being requested of the City Commission, must provide an appraisal dated within the last 6 months. Please note failure to provide park land may result in City Commission disapproval of the site plan. Response: City approved applicant paying fee in lieu of dedication of park land by the Planning and Zoning Board on July 20, 2006. Please see attached staff report. Way 3, 2006 Page 3 Aqua Isles Requesting waiver of 40% pervious area. Applicant must receive written recommendation M by City PE prior to Planning and Zoning Board public hearing. Pervious area is based on 40% of net site area, which excludes road ROW and canals. Response: Pervious area deemed sufficient per Fred Bloetscher. See attached nrenro. LANDSCAPING—Patti Hoot-McLeod,Landscape Consultant Please provide the following information and/or changes to meet code requirements: ■ The landscape plan as submitted exceeds the City of Dania Beach landscape requirements. Response: Acknowledged ■ Please provide the tree evaluation summary for trees to remain on site and trees to be removed from the site. Please note that a visual inspection was made for the trees on site and most of the trees and palms have suffered sever hurricane damage, please submit the survey identifying damaged trees along with photo documentation of the trees for City records. Very few trees are worthy of preservation and it may be in the best interest of the owners to consider removal of the trees and palms. Payment into the Tree Trust Fund, for the value of the trees that cannot be properly preserved during construction may be a better environmental option. Response: Photo documentation has been recorded as well as an outline of the tree numbers,varieties and conditions. lVe have defined those in the list that due to the hurricane damage can be replaced on a 1:1 basis and others that nrr�y be removed without uritigatioit This information has been forwarded to Ms. McLeod If you should have any questions, or concerns, please do not hesitate to contact me. Sincerely, CALVIN, GIORDANO &ASSOCIATES, INC. OV Matt Jackson Planner r ORDINANCE NO. 2006-004 AN QI?XN*.k CE OF THE CITY OF DANIA BEACH, FLORIDA APPROViNG THE REZONING REQUEST SUBMITT'ED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC., FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT ",�I A COPY OF WHICH IS ATTACIf D TO "PHIS ORDINIANCE; CHANGIING THE CURR.FNT ZONING CLASSIFIC,IIION OF THE PROPERTY FROM T-] (TRAILER PARK) TO PRD-1 (PL NNN-ED UNIT . RESIDENTIAL); SUBJECT TO CLRTANI RESTRI( `fIO\S; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FI-1RTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the bcal planning agency, has reviewed this Ordinance and recommended its approval to th.- City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed p:.blic hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and %velfare of the City's resiclents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONIMISSION OF THE CITY OF DANIA BENCH, FLORIDA: Section I. That the rezoning request filed by Carr Residential, I_LC., for prnl err, located at 390I ::iri}tin Read (known as thZ :Aqua Isles Project) withia the City of Dania Bcac :. Florida, is oranrd and the parcels as described in Exhibit"A", a copy of which is attached to hi_ Ordinance are re-zoned from T-1 (Trailcr Park) to PRD-I (Planned �ini; Resid`ntial). iection 2. That if any section, clause, sentence or phl"Se o.f this Ordinance is tier an,, reason held inralia or iulconstitutional I;t, ;i court of'compete:lt jU17isdictitct, the holilin s;j 11 ', affect the validity ^irting PL)l ,I's of this Ordinance. Section 3. That all ordinances or parts of ordinances ;n convict with the provisirns � this Ordinance -re repealed, • Section 4. That this Ordinance shall be effective i -mm�di�t.ly at adoption on s.��_�n,l reading. PASSED on t'rst reading on February 14, 2006. PASSED and ADOPTED on second reading March 28, 2006). 1-7 PATRICIA FLURY —� MAYOR—COMMISSIONER A'I EST: ROLL CALL: COMMISSIONER BERTNO- YES COMMISSIONER CASTRO—YES LOIJISE STILSON, CHIC COMMIS S[ONE R MCELYEA - YES CITY CLERK VICE-MAYOR ANTON - YES (MAYOR FI.URY - YES APPROVED AS TO FORtii,AND CORRECTNESS: BY: THOINIAS J: ANSVO CITY ATTORNEY EXHIBIT "A" :AQUA ISLES LECAL DESCRIPTION! The South I I Acres of that part of the West 20 acres of the Southwest '/4 of Sectio,' 0 Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully described as that portion bounded by a line starting at the Southwest corner of said Section 30; t:ence easterly along the South boundary of said Section 30, a distance of' 530.14 feet; thence tiorih making an included angle of 85 DEG 45 Mhl 10 SEC a distance of 925.68 feet more or less to a point on the West boundary of said Section 30, 886,69 feet North of the Southwest comer o.++said Section 30; thence Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the oint of beginning; said lands situate,.lying and being,in Broward:County,Florida,:A<Ja Real Estate and improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile Home Park." Being the same lard described as: Beginning at the Southwest corner of Section 30, thence East along the south boundary 5 3Q.14 feet, North 925.96 feet, West.528.68 (feet) more or less to a point on the West bourdary of Section 30, 886.69(feet) North of the Southwest Corner; thence South along said West boundary. 886.69 (feet) to the Point of Beginning, less (the) South 53 feet for county road, Section 30, Township 50 South, Range 42 East, lying and being in Broward County Florida, as set forth in that certain Trustee's Deed dated June 20, 1991., recorded September 12, 1991 in Official Records Book 18740. at Page 421,of the Public Records of Broward County, Florida. Also knower as: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01 DEG 46 MIN 18 SEC West on the West line ol* the Southwest oile-gUareter(SW '/,) of said Section 30, a distance of 886.69 feet; Thence North 88 DEG 13 MIN 56 SEC East, a distance of 528.68 feet; Thence South 01 D1;G 46 MIN 18 SEC East, a distance of 925.96 feet to a point on the South line of the Southwest one-quarter(Sty' ',',) of said Section 30, THENCE 'Notih 87 DEG 31 IMIN I 1 SEC West, on the South line of the Soutliti�•cst one-quart r (SW 1/4) of saicl Section 30, a distance of 5 i0.14 feet to the POINT OF' BEGINNING; LESS AND EXCUT the South 53.0 fret for County Road per Official Records Souk 18740, Page 421 of;1tc Public Records of Broward County Florida. Said lands being in ?lie City of Dania Beach, Broward County, Florida and containing; 451..005 square feet (10.T5 acres), more or less. - 3 0 R T)IN N } RF..SOLUTION.NO, 2006-060 A RESOLUTION OF THE CITY OF DANIA BEACH FLORID,: ALLOCATING I7 RESERVE UNITS TO THE PROPERTY GENERALLY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF: WHICH IS ATTACHED TO THIS RESOLUTION; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by separate Ordinance, an application to rezone property(generally luccated at 3901 Griffin Road,Dania Beach, legally described in Exhibit "A", a copy of which is attached. to this Resolution) to PRD-1 (Planned Residential Development) has been submitted; and WHEREAS, the owner of the property has also requested allocation of 17 Reserve units to the parcel; NOW,THME,FORE, BE IT RESOLVED BY THE CITY COMMISSION OF ITIF CITY OF DANIA BEACII,FLORIDA: Section.1. That the foregoing whereas clauses are ratified and incorporated as the • legislative intent of this Resolution. Section Z. That up to 17 Reserve Units shall be allocated TO the property described in Exhibit`A." Section 3. That the reserve allocation confers no vested rights or entitlements with respect to building design, building height, setbacks, density, required parking, or Iandscapiri; or any other requirements beyond what is ailovied or required under the existing zoning regulations. Section 4. That the reserve allocation will expire within 12 months of adoption. Sectioa S. i hat all resolutions or parts of resolutions in conflict with thi lZwsolutiort are repealed to the extent ofsuch conflict. ( Section 6. That this Resolution shall be in force and take effect immediatoty!p0n • passage and vidoption, PASSED and ADOPTED on March 28, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES � ' .: • v�yl! COMMISSIONER CASTRO-YES LOUISE STILSON,CMC COMMISSIONER MCELYEA - YES CITY CLERK VICE-Iv1AYOR ANION—YES MAYOR.FLURY - YES APPROVED AS To I79RM AND CORRECTNESS: BY: • THOMAS J. NSBRO CITY A`TORNEY • EXHIBIT `A' • The South l L Acres of that part of the West 20 acres of the Southwest '/4 of Section _330, Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully described as that portion bounded by a line starting at the Southwest comer of said Section. 30; thence easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence Nlo rth making an included angle of 85 DEG 45 NIIN 10 SEC a distance of 925.68 feet more or less to a point on the West boundary of said Section 30, 886.69 feet North of the Southwest comer of said Section 30; thence Southerly along the West boundary of said Section 30, a disanec of 8x6.69 feet to the point of beginning;.said lands situate, lying and being in Broward County, Florida, a/k/a Real:Estate and improvements located at 3901 Griffin Road, Port Lauderdale, hlorida,. known as "Aqua Isles Mobile Home Park." Being the same land described as: Begimung at the Southwest corner of Section 30, thence East along the south boundary 530.14 feet, North 925.96 feet,West 528.68 (feet) more or less to a point on the West boundary of Section 30, 886.69(feet) North of the Southwest Corner; thence South along said West boundary 886;69 (feet) to the Point of Beginning, less (the) South 53 feet for county road, Section 30,Township 50 South, Range 42 East, lying and being is Broward County Florida, as set forth in that certain Trustee's Deed gated June 20, 1991, recorded September 12, 1991 in Official Records.Book 1,8740, at Page,42 1,of the Public Records of Broward County, Florida. Also known as: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County,Florida; THENCE North 01 DEG 46 MIN 18 SEC West on the West line of the Southwest one-quarter (S W ''/+) cif said Section 30, a distance of 886.69 feet; Thence North 88 DEG 13 MIN 56 SEC East, a distance of 528.68 feet; Thence South 0.1 DEG 46 MIN.18 SEC East, a distance of 925.96 :eet to a,point on the South line of the Southwest onc.-quarter (SW %<) of said Section 30; THENCE North 87 DEG 31 MIN 11 SEC West, on the South line of the Southwest one-quarter (Stiff' 1/4 ) . of said Section 30, a distance of 530.14 feet to the PONT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Bock 18740, Page 421 of the Public Records of Broward County Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,005 square feet(10.35 acres), more or less. 3 R ULUTIGP1; :_00,6.060 PUBLIC UTILITY MANAGEMENT AND PLANNING SERVICES, INC. CA#9958 ` P.O. Box 221690 HOLLYWOOD, FL. 33022-1990 TELEPHONE(954)925-3492 FREOERICK BLOErscHER,PH.D., P.E. FACSIMILE (954) 925,2692 E-MAIL:h20 manL,bellsyuth.net November 20, 2005 Mr.Larry Leeds Development Services Director NOV 2 2C0§ City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 333004 RE: Aqua Wes Stormwatcr Dear Tarry: Chapter 29.10 of the City Codes stat '`tiers the impervious area cannot exceed 60 percent,while fa, "'`-rs,this percentage cannot exceed 70 percent. There' ! `Amily and multi- family uses. For a LAC,the per v / �'o. requirements is not provided,a' �' awater system is implied. Q The City may grant a waivf sous in commercial and industrial C ,dential uses upon the following dem( 3 The impervior Mitigation shall t1.,, asitive outfall systems and other ilnpru, nent or reduction of ninoff. 0 Such improvements shall exceed the,_. )y applicable engineering standards o And engineer shall verify these requirements The Aqua Isles project is located along the canal system in Dania Beach. The project would be charge stormwater assessments as would other properties in the City as a result of contributions to the City's drainage system,which includes the canal system that the City maintains and periodically dredges, The engineer of record has provided calculations that demonstrate the following: 0 9.06 ac total in the property a 5.7 ao impervious, which includes buildings and parking areas(=62.9% impervious) 0 3.37 ac pervious landscape i v Finished Floors at 8.5 ft NGVD,which exceeds the FEA Flood elevation of 8.0 ft NVD and the City code requirement of 7.0 ft NGVD a Road Elevation(rain)at 6.1 NGVD which exceeds the BC flood elevation of 6.0 ft NGVD The developer proposes no discharge to the canal system under the 25 year storm event (qualifies for mitigation credit under the City's stormwater ordinance). For pretreatment purposes, 1 ac-ft must be retained. Soil storage was found to be 1.89 ao-ft for the site. Extensive exfiltration trenches will be used for on-site percolation and stormwater reduction under the parking areas. The calculations provided indicate that with over 4 ft of potential storage area,at the rainfall could be stored on the site(note that ultimately it will percolate to the adjacent canal that is at 2 ft NGVD). j I i Therefore,the exceedence of the impervious requirement for the site is acceptable. The stormwatcr ERUs per each of the 127 units,with the mitigation credit is 0.55 ERUs. i Should the re be any questions,please feel free to contact me. / - — � Frederick Bloetscher,Ph.D., F.9' ,..,,-,President j Cc: Dominic F. Orlando,P.E. i i AFFIDAVIT OF COMPLIANCE WITH SECTION 723.0612, FLORIDA STATUTES STATE OF FLORIDA SS: • COUNTY OF MIAMI-DARE BEFORE ME, the undersigned authority, personally appeared JAMES CARR ("Affiant"), who after being duly sworn,deposes and says the following: 1. Affiant is the President of Aqua Isles by Carr Residential, LLC ("Owner"), the owner of the mobile home park known as Aqua Isles Mobile Home Park ("Mobile Home Park") located on that certain real property (the "Real Property") in Broward County, Florida, and which is more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 2. Affiant executes this affidavit to confirm that all mobile homes have been removed from the Mobile Home Park and that all owners have been relocated or compensated in accordance with Section 723.0612,Florida Statutes. Under penalty of perjury, I declare that I have examined the foregoing Affidavit and hereby certify that it is true,correct and complete and I further declare that I have the authority to make this affidavit and the certifications contained herein on behalf of the Owner. EXECUTED as of the day of March, 2006. Wl S ED Y: AQUA I LES BY CARR RESIDENTIAL, ,, LLC Name: By Ja es Carr, President Name: S;,AW A STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) This instrument was acknowledged before me on this S day of March, 2006, by James Carr, as President of Aqua Isles by CaiT Residential, LLC, on behalf of said entity. Such individual is personally known to me or has produc94 a driver's license as identifi ation. No Public,ttate of Florida ••`•11I PV q1 LU BETH LLEY My commission expires: ' • �� N01Wy Public•slate of Florida E"Web2o.200a Ccmmulon#DD 290294 BY Nolbnal NolwyAun. 111.\\I(642779(2K) i ARTICLE 15. GENERAL PROVISIONS 15.1. Duration. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Association,Developer(at all times)and the Owner of any land subject to this Declaration, and their respective legal representatives,heirs,successors and assigns,for a term of ninety-nine(99)years from the date this Declaration is recorded,after which time said covenants shall be automatically extended for successive periods of ten(10)years each unless an instrument signed by the then Owners of 75%of all the Townhome Units subject hereto and by 100%of the Institutional First Mortgagees holding mortgages thereon has been recorded,agreeing to revoke said covenants and restrictions;provided,however, that no such agreement to revoke shall be effective unless made and recorded three(3)years in advance of the effective date of such revocation,and unless written notice of the proposed agreement is sent to every Owner at least ninety(90) days in advance of any signatures being obtained. 15.2. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed,postpaid, to the last known address of the Person who appears as Member or Owner on the records of the Association at the time of such mailing. 15.3. Dispute Resolution. Certain disputes that may arise under the provisions of this Declaration or any attachments thereto may be subject to mandatory binding arbitration or mandatory non-binding mediation through the State of Florida's Department of Business and Professional Regulation,or its Division of Florida Land Sales,as mandated by and pursuant to Section 720.311 of the Florida Statutes. 15.4. Severability. Invalidation of any one of these covenants or restrictions or any part,clause or word hereof,or the application thereof in specific circumstances,by judgment or court order shall not affect any other provisions or applications in other circumstances,all of which shall remain in full force and effect. 15.5. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of the County. 15.6. Conflict. This Declaration shall take precedence over conflicting provisions in the Articles and Bylaws and said Articles shall take precedence over the Bylaws. 15.7. Standards for Consent,Approval and Other Actions. Whenever this Declaration shall require the consent,approval,completion, substantial completion,or other action by the Developer or its affiliates or the Association, such consent, approval or action may,to the extent permitted under applicable law,be withheld in the sole and unfettered discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Developer or its affiliates or the Association shall be deemed so completed or substantially completed when such matters have been completed or substantially completed in the reasonable opinion of the Developer or Association,as appropriate. 15.8. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement,then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners designate hereby the Developer and the Association(or either of them)as their lawful attorney-in-fact to execute any instrument on such Owners'behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements,as appropriate,is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 15.9. Notices and Disclaimers. EITHER DEVELOPER OR THE ASSOCIATION MAY ENTER INTO A CONTRACT WITH A SERVICE PROVIDER FOR THE PROVISION OF SECURITY SERVICES. NEITHER DEVELOPER THE ASSOCIATION NOR ANY OF THEIR OFFICERS,DIRECTORS, COMMITTEE MEMBERS,EMPLOYEES,MANAGEMENT AGENTS,CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY,THE"LISTED PARTIES")GUARANTEES OR WARRANTS,EXPRESSLY OR IMPLIEDLY,THE MERCHANTABILITY OR FITNESS FOR USE OF ANY SECURITY SYSTEM OR SECURITY SERVICES,OR THAT ANY SECURITY SYSTEM OR SECURITY SERVICES WILL PREVENT INTRUSIONS,FIRES OR OTHER OCCURRENCES,OR THE CONSEQUENCES OF SUCH OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE SECURITY SYSTEM OR SECURITY SERVICES ARE DESIGNED TO MONITOR SAME;AND EVERY OWNER OR OCCUPANT OF A TOWNHOME UNIT INCLUDED IN THE PROPERTY SERVICED BY ANY SUCH SECURITY SYSTEM OR SECURITY SERVICES ACKNOWLEDGES THAT THE LISTED PARTIES ARE NOT INSURERS OF THE OWNER OR OCCUPANT'S PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED WITHIN THE PROPERTY AND WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSSES,INJURIES OR DEATHS RESULTING FROM SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual damages,if any,which may proximately result from a failure on the part of a security service provider to perform any of its obligations with respect to security services and,therefore,every Owner or occupant of the Property receiving security services agrees that the Listed Parties assume no liability for loss or damage to property or for personal injury or death to persons due to any reason,including,without limitation,failure in transmission of an alarm,interruption of security service or failure to respond to an alarm because of(a)any failure of the Owner's security system,(b)any defective or damaged equipment,device,line or circuit,(c)negligence, active or otherwise,of the security service provider or its officers,agents or employees, or(d)fire, flood,riot,war,act of God or other similar causes which are beyond the control of the security service provider(s). Every Owner or occupant of the Property further agrees for himself,his grantees, tenants, guests,invitees,licensees,and family members that if any loss or damage should result from a failure of performance or operation,or from defective performance or operation,or from improper installation, monitoring or servicing of the system,or from negligence,active or otherwise,of the security service provider or its officers, agents,or employees, the liability, if any,of the Listed Parties for loss,damage, injury or death sustained shall be limited to a sum not exceeding Two Hundred Fifty and No/100($250.00)U.S.Dollars,which limitation shall apply irrespective of the cause or origin of the loss or damage and notwithstanding that the loss or damage results directly or indirectly from negligent performance,active or otherwise, or non-performance by the Listed Parties. Further,in no event will the Listed Parties be liable for consequential damages, wrongful death,personal injury or commercial loss. In recognition of the fact that interruptions in security and other services will occur from time to time,the Listed Parties shall not be liable,and no user of any system shall be entitled to any refund,rebate, discount or offset in applicable fees,for any interruption in services,regardless of whether or not same is caused by reasons within the control of the then-provider(s)of such services. 15.10. Construction Activities. ALL OWNERS,OCCUPANTS AND USERS OF THE PROPERTY ARE HEREBY PLACED ON NOTICE THAT THE LISTED PARTIES WILL BE,FROM TIME TO TIME, CONDUCTING EXCAVATION,CONSTRUCTION AND OTHER ACTIVITIES WITHIN OR IN PROXIMITY TO THE PROPERTY. BY THE ACCEPTANCE OF THEIR DEED OR OTHER CONVEYANCE OR MORTGAGE, LEASEHOLD,LICENSE OR OTHER INTEREST,OR BY USING ANY PORTION OF THE PROPERTY, EACH SUCH OWNER,OCCUPANT AND USER AUTOMATICALLY ACKNOWLEDGES, STIPULATES AND AGREES(i)THAT NONE OF THE AFORESAID ACTIVITIES SHALL BE DEEMED NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES,HEREUNDER OR AT LAW GENERALLY, (ii) NOT TO ENTER UPON, OR ALLOW THEIR CHILDREN OR OTHER PERSONS UNDER THEIR CONTROL OR DIRECTION TO ENTER UPON(REGARDLESS OF WHETHER SUCH ENTRY IS A TRESPASS OR OTHERWISE)ANY PROPERTY WITHIN OR IN PROXIMITY TO THE PROPERTY WHERE SUCH ACTIVITY IS BEING CONDUCTED(EVEN IF NOT BEING ACTIVELY CONDUCTED AT THE TIME OF ENTRY,SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING HOURS), (iii)THE LISTED PARTIES SHALL NOT BE LIABLE FOR ANY AND ALL LOSSES,DAMAGES(COMPENSATORY, CONSEQUENTIAL,PUNITIVE OR OTHERWISE),INJURIES OR DEATHS ARISING FROM OR RELATING TO THE AFORESAID ACTIVITIES,(iv)ANY PURCHASE OR USE OF ANY PORTION OF THE PROPERTY HAS BEEN AND WILL BE MADE WITH FULL KNOWLEDGE OF THE FOREGOING AND(v)THIS ACKNOWLEDGMENT AND AGREEMENT IS A MATERIAL INDUCEMENT TO DEVELOPER TO SELL, CONVEY, LEASE AND/OR ALLOW THE USE OF THE APPLICABLE PORTION OF THE PROPERTY. 15.11. Notices and Disclaimers as to Water Bodies. THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE SAFETY, WATER QUALITY OR WATER LEVEL OF/IN ANY LAKE,POND,CANAL,CREEK,STREAM OR OTHER WATER BODY WITHIN THE PROPERTY,EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY,OR CONTRACTED FOR WITH,AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. FURTHER,NONE OF THE LISTED PARTIES SHALL BE LIABLE FOR ANY PROPERTY DAMAGE,PERSONAL INJURY OR DEATH OCCURRING IN,OR OTHERWISE RELATED TO,ANY WATER BODY,ALL PERSONS USING SAME DOING SO AT THEIR OWN RISK. ALL OWNERS AND USERS OF ANY PORTION OF THE PROPERTY LOCATED ADJACENT TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES SHALL BE DEEMED,BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF SUCH PROPERTY,TO HAVE AGREED TO RELEASE THE LISTED PARTIES FROM ALL CLAIMS FOR ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES. ALL PERSONS ARE HEREBY NOTIFIED THE DEPTH OF ANY SUCH WATER BODIES MAY CHANGE RAPIDLY. MOREOVER,ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIME ALLIGATORS AND OTHER WILDLIFE MAY LIVE,HABITATE OR ENTER INTO WATER BODIES WITHIN OR NEARBY THE PROPERTY AND MAY POSE A THREAT TO PERSONS,PETS AND PROPERTY,BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT AGAINST,AND DO NOT IN ANY MANNER WARRANT OR INSURE AGAINST,ANY DEATH,INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE. 15.12. Covenants Running With The Land. Anything to the contrary herein notwithstanding and without limiting the generality(and subject to the limitations)of Section 15.1 hereof,it is the intention of all parties affected hereby(and their respective heirs,personal representatives, successors and assigns)that these covenants and restrictions shall run with the Property and with title to the Property. Without limiting the generality of Section 15.4 hereof,if any provision or application of this Declaration would prevent this Declaration from running with the Property as aforesaid,such provision and/or application shall be judicially modified,if at all possible,to come as close as possible to the intent of such provision or application and then be enforced in a manner which will allow these covenants and restrictions to so run with the Property;but if such provision and/or application cannot be so modified, such provision and/or application shall be unenforceable and considered null and void in order that the paramount goal of the parties(that these covenants and restrictions run with the Property as aforesaid)be achieved. 15.13. Dissolution. Any Owner may petition the Circuit Court of the County for the appointment of a receiver to manage the affairs of the Association in the event of dissolution of the Association. 15.14 AVIATION DISCLOSURE. THE PROPERTY IS SUBJECT TO THE OVERFLIGHT AND ASSOCIATED NOISE OF ARRIVING AND DEPARTING AIRCRAFT DURING THE COURSE OF NORMAL AIRPORT OPERATIONS. RUNWAY 9R-27L IS,AT THE TIME OF THE RECORDING OF THIS DECLARATION,BEING USED EXCLUSIVELY BY GENERAL AVIATION AND SMALL COMMUTER AIRCRAFT;HOWEVER,PROPOSED IMPROVEMENTS WOULD EXTEND THIS RUNWAY TO ACCOMMODATE OPERATIONS BY LARGE AIR CARRIER AIRCRAFT. Matthew Jackson From: Ansbro,Tom [tansbro@ci.dania-beach.fl.us) Sent: Thursday,January 19, 2006 11:10 AM To: Matthew Jackson Cc: Leeds, Larry; Cunningham, LouAnn Subject: RE: Condo Doc Language Matt, acceptable language as to the airport disclosure appeared in the City Planning and Zoning Board back-up when the project was approved as to several applications last night at the P&Z meeting The date for the "Buyer (s)"acknowledgement would need to be revised (currently shows 2005. The title of the document in the Board agenda back-up is "Potential Aircraft Overflight and Noise Impact Notice" (note, "overflight" in the title is misspelled). -----Original Message----- From: Matthew Jackson [mailto:mjackson@calvin-giordano.com] Sent: Thursday, January 19, 2006 10:51 AM To: Ansbro,Tom Subject: RE: Condo Doc Language The project is Aqua Isles. Didn't attach the document in the first email, see second. The project is located at the NE corner of Griffin Road and SW 40th avenue. MATT JACKSON Planner Planning Department (Broward) From: Ansbro,Tom [ma i Ito:tansbro@ci.dania-beach.fl.us] Sent: Thursday, January 19, 2006 10:46 AM To: Matthew Jackson Subject: RE: Condo Doc Language What project? What exact location? No attachment? -----Original Message----- From: Matthew Jackson [mailto:mjackson@calvin-giordano.com] Sent: Thursday, January 19, 2006 10:37 AM To: Ansbro,Tom Subject: Condo Doc Language Mr.Ansboro, I am working on a project under review by the City of Dania Beach, specifically, Mr. Larry Leeds. One of the City comments is to provide language in the condo doc's regarding potential aircraft noise due to the proposed project's proximity to the Ft Lauderdale-Hollywood International Airport. The site location is approximately two miles west of Interstate 95 on Griffin Road. Please look over the attached document language, and if suitable, let Mr. Leeds know. Otherwise, please inform me of any revisions that need to be made. Thank you for your time and assistance and please note that I am trying to get Mr. Leeds this document by tomorrow. 5/17/2006 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: March 14, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �, C SUBJECT: PL-17-05: The applicant and owner, Aqua Isle by Carr Residential, LLC., is requesting a perimeter plan to allow the construction of 127 townhouses (2"d Reading). LOCATION: 3901 Griffin Road. PERIMETER.PLAT To allow the construction of 127 townhouses. PROPERTY INFORMATION: ZONING: T71 (Trailer Park) LAND USE DESIGNATION: Low Medium (10) Residential The subject property is currently the site of the Aqua Isles mobile home park. The applicant is proposing the construction of 127 townhouse units, which will require rezoning, site plan and assignment of reserve units. The submitted plat was reviewed by various city departments. All of staff concerns have been addressed The City Code requires dedication of 0.76 of public park land or (if approved by the.City Commission) payment of�a fee in lieu thereof. In this case, the applicant has requested Commission approval to pay t1he fee. The appraised value of the entire property submitted by tilie applicant is $5,200,000.00, Based on the ' City Code and tPe applicant's appraisal, the local park impact fee is $381,835.74. i The following comments shall be addressed prior to site plan review. Provide draft condominium language (for city attorney approval) acknowledging turboprop and jet flights and planned south runway expansion to accommodate larger commercial jets (Condominium documents including approved language shall be recorded prior to issuance of any building permits). Staff recommends applicant noise proof dwellings to address both current and proposed runway over-flight noise. • . Final plat approval subject to approval of zoning change and allocation of reserve units. • Dedication of park land (or commission approval of fee In lieu thereof) shall be satisfied prior to both site plan or plat approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION On July 20, 2005 the Planning and Zoning Board recommended approval subject to payment of park impact fee in lieu of land�. dedication. i City of Dania Beach, Florida ( H. Department of Community Development Planning and Zoning Division (954) 924.3G45 General Development Application ® Assignment of Flex/Reserve Units ;;C'! ® Land Use Amendment 1 7 - ® Plat ® Plat Delegation Request Rezoning Date Reed: M Site Plan ® Special Exception Petition No.: S P '®S, ® Special Request ® Trafflcway Waiver ��V t ® Variance ® Vacation Request ® Other: AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION DILL BE ACCEPTED. IMPORTANT: THE APPLICANT OR THEIR AUTHORIZED LEGAL AGENT MUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMMISSION MEETINGS, REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION" CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: 3901 Griffin Road, Dania Beach, FL 33004 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: N/A Folio Number(s): 0230-00-0280 Legal Description: See attached Exhibit A Applicant onsultant egal Representative (circle one) Address of Applicant: 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 Business Telephone: 954 921-7781 Home: Fax: 954 921-8807 Name of Property Owner: Carr Residential Address of Property Owner: 1560 S. Dixie Hwy, Suite 211, Coral Gables, FL 33146 Business Telephone: 305 666-4900 Home: Fax: 305 666-8886 Explanation of Request: Site Plan submittal to P&Z Board. Rezoning from LM Residential to PRD-1 I.� Prop. Net Acreage: 10.63 Gross Acreage: 11.266 Prop. Square Footage: N/A Existing Use: Low Medium Residential Proposed use: PRD-1 127 Townhouses Is property owned individually,by a corporation, or a joint venture? Corporation APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/Rep sen tive: This day of ( �n t ), 20 Signature: / Date• ZI / Na v S -,4 c S Na of otary Public (Print Name) 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 Prl ,�wu��w���A�/.�g� Street Address,City,State and Zip Code J V"N�b LORM3.fEVVfald V^ HotwyFlo-Skft of FWAdc Co f AtxS.� P 954 929496 1-7781, F 954 921-8807 Sea ,�,r, • f Telephone No.&Fax No. f INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (AppocanUConsuitant/Representative) make and file the aforesaid application. Swom to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Telephone No. &Fax No. Seal: CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have auttormake and file the aforesaid application. ve) Sworn to and subscribed before me Corpora ' Name: ao This f_day of MbAn20.(25 Signature: Date: pa 0— (Print Name) Sign Name o Notary Public (Print Title) State of( CA ) T��c �4. Tom Cara► GabLQ.o, Print Name of Notary Street Address, City, State and Zi ode FL fly b .305-10(PV_M( Se p Way pwft SWa d FoWs Telephone No.&Fax No. ( Any+cmrbft Etter Jed 8,2= CWW1bSWaW 440530 Bm&d By NdWd AwL 30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorizedand file theConsultaforesaid t/Rep apprlicat onve) Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Telephone No. & Fax No. Seal: **Each partner must sign. Attach duplicate sheets as required. COURTESY NOTICE PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the: Planning and Zoning Advisory Board, on WEDNESDAY, JULY 19, 2006, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Request by applicant and owner, Aqua Isles by Carr Residential, LLC., 3901 Griffin Road, Dania Beach, Florida, for approval of the proposed site plan (SP-36-05) request to allow the construction of 127 townhomes generally located at 3901 Griffin Road in Dania Beach. Dania Beach City Commission, on TUESDAY JULY 25, 2006, at 7:00 o m , or as soon thereafter as possible In the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Request by applicant and owner, Aqua Isles by Carr Residential, LLC., 3901 Griffin Road, Dania Beach, Florida, for approval of the following: 1) VA-62-05 — Variance request: (recommended for approval at the January 18, 2006 Planning and Zoning Advisory Board Meeting.) a. To allow the perimeter wall.to be 5 feet from the south property line; code required 15 feet. b. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; code required 15 feet. c. To allow the entrance wall and gate to be 9'8" feet and allowing the columns of the perimeter fence to be 6.5 feet; code requires a 6 foot maximum. 2) Site plan (SP-36-05) request to allow the construction of 127 town homes generally located at 3901 Griffin Road in Dania Beach. Legally Described as: The South 11 Acres of that part of the West 20 acres of the Southwest Ya of Section 30, Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully described as that portion bounded by a line starting at the Southwest corner of said Section 30; thence easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence North making an included angle of 85 DEG 45 MIN 10 SEC a distance of 925.68 feet more or less to a point on the West boundary of said Section 30, 886.69 feet North of the Southwest corner of said Section 30; thence Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the point of beginning; said lands situate, lying and being in Broward County, Florida, a/k/a Real Estate and improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile Home Park." Being the same land described as: Beginning at the Southwest corner of Section 30, thence East along the south boundary 530.14 feet, North 925.96 feet, West 528.68 (feet) more or less to a point on the West boundary of Section 30, 886.69 (feet) North of the Southwest Corner; thence South along said West boundary 886.69 (feet) to the Point of Beginning, less (the) South 53 feet for county road, Section 30, Township 50 South, Range 42 East, lying and being in Broward County Florida, as set forth in that certain Trustee's Deed dated June 20, 1991, recorded September 12, 1991 in Official Records Book 18740, at Page 421, of the Public Records of Broward County, Florida. 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