HomeMy WebLinkAboutR-2005-013 Sheridan 87 RESOLUTION NO. 2005-013
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
A SITE PLAN MODIFICATION FOR DEVELOPMENT UPON PROPERTY
KNOWN AS THE "KEVIN'S PLAT' PROPERTY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That a site plan modification for development upon property known as
"Kevin's Plat", pertaining to increased height of a wall separating the development from the
conservation area lying immediately north of the development, is approved. A copy of the
approved site plan is filed with the City's Community Development Department.
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repealed to the extent of such conflict.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 its
passage and adoption.
PASSED AND ADOPTED on January 25, 2005.
C.K. MC ELYW_
MAYOR-CO MISSIONER
-:ATTEST: ROLL CALL.
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
"LOUISE STILSON VICE-MAYOR MIKES - YES
CITTY CLERK MAYOR MCELYEA - YES
APPROVED AS TO FO AND CORRECTNESS:
BY:
THOMA9 J. ANSBRO
CITY ATTORNEY
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JANUARY 25,2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -SITE PLAN MODIFICATION REQUEST
(SP-25-03-M) CONTINUED FROM 1/11/05
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Request by Kevin Guthard, Sheridan 87 LLC., to allow a 4 foot to 7 foot high retaining wall located 85
feet south of the north lot line; said wall to separate the building area from the conservation area (The
approved site plan showed a two foot retaining wall in this same location). Property generally located
on the north side of Sheridan Street, east of Walgreen's Drug Store, in the City of Dania Beach,
("Kevin Plat").
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
E-mail Attachment
® Resolution
Public Hearing Notice
Mailing List
Location Map
Retaining Wall Detail
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date: January 18, 2005
Community Development Department
City Manager Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: January 11, 2005
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
SUBJECT: The applicant, Kevin Guthard, is requesting site plan
modification to allow a 4' - 7' retaining wall located
approximately 85 feet south of the north lot line
(The approved site plan showed a 2' retaining wall
in the same location).
LOCATION: Approved 87 unit condominium (building permits
pending) located on the north side of Sheridan
Street, directly east of the Walgreen's Drug Store
and the Sleep Inn Motel
Attached is e-mail (2 pages) between city staff and Broward County EDP
regarding the retaining wall and the status of the Conservation Area.
Larry Leeds 1/18/05
• City of Dania Beach
100 W. Dania Beach Blvd.
Dania, FL 33004
Dear Mr. Leeds:
I am writing in regards to your inquiry about the Sheridan Beach Club II & III projects.
Both of these projects have been licensed by the Wetlands Section of the Broward
County Environmental Protection Department, in License Numbers DF03-1088 and
DF04-1038 respectively. Both of these licenses entail some impacts to wetlands, with
mitigation required to offset these impacts. During the construction of the projects, as
with all our licenses, measures are required to be taken in order to protect against
unlicensed impacts and water quality degradation.
It is my understanding that you have questions regarding the construction of a wall, and
impacts to mangroves associated with Sheridan Beach Club II. Though I have not been
on site, I have discussed this project with one of my staff that has been assigned
compliance responsibilities. She indicated that a wall is included in the licensed
construction for this project, and that this wall is necessary in order to stabilize soils and
prevent erosion. She also visited the site a few weeks ago and noticed some non-
compliance issues, specifically the lack of erosion control measures (silt fence), stagnant
water in the mitigation area, and dewatering from the mitigation site. It is my
understanding that within a short period, the silt fence was erected and the dewatering of
the mitigation site was halted. We are continuing to investigate how to solve the stagnant
water issue, but when we have determined the cause and solution, this will be required of
the developer and we have every indication that they will comply.
We work to ensure compliance with all license conditions, for every license that we issue.
In many instances, our first approach is to work cooperatively with the licensee to bring
projects back into compliance. At this time we are satisfied with the corrective actions
taken, but the water quality in the mitigation area will require further investigation.
Though we hope and expect cooperation will be effective in obtaining compliance with
license conditions, the County Code of Ordinances provides the authority to take
enforcement action if necessary.
To reiterate, at this time the Sheridan Beach Club II & III projects are under construction,
and there have been some compliance issues. We expect that these issues will be resolved
and are working cooperatively with the licensee to this end. If you need further detail or
would like to discuss this matter further, please feel free to contact me at 954-519-1228
or Barbara Chow at 954-519-1419.
Sincerely,
Kent Edwards, Wetlands and Uplands Manager, Broward County EPD
•
Leeds, Larry
• From: Leeds, Larry
Sent: Tuesday, January 18, 2005 4:18 PM
To: 'Edwards, Kent'
Cc: Chow, Barbara; Vialpando, Leonard
Subject: Conservation Area: Sheridan Beach Club III
Kent:
The City Commission is looking for a letter from EDP indicating how the
resident's concerns will be addressed, and the time frame from doing so.
The residents indicate mangroves have fallen down and the water quality
is very poor.
They are concerned that mangroves continue to fall and will not be replaced.
Please indicate the developer's responsibilities for restoring fallen mangroves
and addressing water quality both during and after construction. Please also
indicate the EDP's enforcement powers relative to these issues. Thank you.
Laurence Leeds, AICP
Community Development
City of Dania Beach
. -----Original Message-----
From: Edwards, Kent [mailto:KENTEDWARDS@broward.org]
Sent: Tuesday, January 18, 2005 2:03 PM
To: Leeds, Larry
Cc: Chow, Barbara; Vialpando, Leonard
Subject: RE: Sheridan Beach Club II/III
Larry, Barbara Chow is out sick today, and she is handling the compliance on
this project. She sent me an email and indicated that the wall was included in the
licensed project and was necessary in order to prevent erosion into the
preservation area.
I know Barbara has been out to the site and as with all licensed projects, we are
working to ensure that all license conditions and plans are adhered to. If license
conditions or unauthorized impacts occur, then the County has authority under
County Code to pursue compliance, or enforcement as necessary.
KE
•
1/18/2005
From: Leeds, Larry [ma i Ito:lleeds@ci.dania-beach.fl.us]
Sent: Monday, January 17, 2005 4:43 PM
To: Chow, Barbara
Cc: Edwards, Kent; Vialpando, Leonard
Subject: RE: Sheridan Beach Club II/III
Barbara:
The City Commission has deferred Kevin ' s site
plan modification request until you provide
written documentation that the wall is required
and/or necessary by EDP to protect the
Conservation Area . I advised the commission that
this was your recommendation; but the commission
wanted to see it in writing from EDP.
The residents (who I believe you have been
speaking to) are looking for the letter to
address what specifically needs to be done to
rehabilitate the conservation area. They are
also looking for the letter indicating when the
work must be completed, and what enforcement
powers EPD has if the developer does not comply
with your requirements .
• Please let as soon as you can.
Laurence Leeds, AICP
Community Development Department
City of Dania Beach
-----Original Message-----
From: Chow, Barbara [mailto:BCHOW@broward.org]
Sent: Wednesday, January 12, 2005 3:56 PM
To: Leeds, Larry
Cc: Edwards, Kent; Vialpando, Leonard
Subject: Sheridan Beah Club II/III
I've had some calls on the issue of the retaining wall for the Phase III
project today. Do you need any further clarification from the County
regarding the issue?
C.":hoxv !RI.S 1.1
I:rt�iri>rtr.ttrnl::il I rc>+: �cti��rt Departrrteat.
P11011c: 954-.719-1 4 19
�:�rc�ail: (Ichn�c-(r.bruu:clrcf.orc�
1/18/2005
4
CITY COMMISSION MEETING
CITY OF DAfNIA BEACH
COURTESY NOTICE
NOTICE IS HEREBY GIVEN that the following hearing will be held before the Dania
City Commission on Tuesday, January 11, 2005 at 7:00 p.m. Public Hearing, or as soon
thereafter as possible, in the Dania Beach City Commission Room, Administrative
Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004.
Request by Kevin Guthard, Sheridan 87 LLC., to allow a 4 foot to 7 foot high
retaining wall located 85 feet south of the north lot line (Sheridan Ocean Club);
(The approved site plan shows a two foot retaining wall in this same location).
Property generally located on the north side of Sheridan Street, east of
Walgreen's Drug Store and Sleep Inn Motel, in the City of Dania Beach, ("Kevin
Plat").
Property legally described as: THE EAST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE
QUARTER OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE
SOUTH 50 FEET THEREOF; SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA.
. Copies of the proposed petition 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. 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, and (954) 924-3622, at least 48 hours prior
to meeting.
Any person who decides to appeal any decision made by 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
Please see location map at the back of this notice.
•
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