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HomeMy WebLinkAboutR-2005-023 Special Exception 109 Park Condos RESOLUTION NO. 2005-023 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. AND ISRAEL KUSHNIR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR, TRUSTEE, FOR A SPECIAL EXCEPTION TO ASSIGN 112 RESIDENTIAL LAC (LOCAL ACTIVITY CENTER) UNITS TO PROPERTY LOCATED AT 109 SW PARK STREET, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Zoning Code, Chapter 28, Zoning, Article 4 "District Regulations",provides that a multifamily residential use is allowed in the C-3 (Commercial)zoning district as a special exception use within the Dania Beach Community Redevelopment Area,subject to compliance with all restrictions and conditions prescribed in the City Comprehensive Land Use Plan; and ® WHEREAS,Bonnie Miskel,Esq.,with the law firm of Ruden,McClosky, Smith, Schuster & Russell, P.A. and Israel Kushnir of I. Kushnir Investments have applied for special exception approval to allow a multi-family residential use within a C-3 zoning district,including the allocation of 112 residential LAC (Local Activity Center) units for property which is located at 109 SW Park Street, Dania Beach, and which property is located within the Dania Beach Community Redevelopment Area; and WHEREAS,the Planning&Zoning Board on January 19,2005,recommended that the City Commission grant the special exception request (SE-36-04), subject to conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of Ordinances of the City of Dania Beach; 0 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application SE-36-04 filed by the applicant as identified above, for a Special Exception to allow a multi-family residential use within the C-3 zoning district, including the allocation of 112 residential LAC (Local Activity Center) units, a copy of which application is attached and made a part of this Resolution as Exhibit `A', for property generally located at 109 SW Park Street, Dania Beach is approved, subject to the following conditions: 1. The number of LAC units assigned to this property shall be proportional to the building height as approved by the City Commission. 2. Special Exception approval to automatically expire on March 1,2006. Applicant may apply to the City Commission for an extension(Variance approval, if granted, expires within one year of approval pursuant to City Code). 3. Applicant to prepare and record deed restriction(enforceable against subsequent owners)to voluntarily limit use of this parcel to condominium development. Deed restriction to be approved by the City Attorney and recorded prior to issuance of any development permits. 4. Applicant to prepare and file condominium documents disclosing(i)south runway expansion plan and potential impacts, and (ii) development potential of adjacent property pursuant to the CRA and Comprehensive Plan.Rental regulations(frequency and duration)shall also be included. Condominium documents to be filed with State and submitted to the City prior to issuance of any development permits. 5. Letter acknowledging payment of Local Activity Center School Impact Fees to Broward County prior to issuance of a building permit. 6. Payment of$537,600 Local Park Impact Fee prior to issuance of any building,paving,water, or sewer permits. The fee is based on 20% of the appraised value of the site as required by Section 19-71, 19-72, and 19-73 of the City Code. Appraisal submitted to staff at the January 19, 2005 Planning and Zoning Board meeting. 7. The applicant's attorney shall submit documentation(original)that the applicant understands and agrees that the Special Exception,Variances, and LAC unit allocation confer no vested rights or entitlements to any of the following: (a) Site design, building design, parking configuration, architecture, or Fire-Rescue Department requirements; (b) Compliance with • 2 RESOLUTION #2005-023 • water,sewer,paving,and drainage requirements;(c)Compliance with the regulations of any other governmental agency. 8. The applicant has submitted detailed peak hour capacity analysis for the intersection of US-1 and Dania Beach Boulevard. The results of the analysis indicate that future signal timing modifications at US-1 and Dania Beach Boulevard are necessary to accommodate the future demand. Therefore, based on the applicant's analysis, it is recommended that this intersection be periodically monitored to ensure that the optimum signal timing is implemented to accommodate the future peak hour demand (Public Services). 9. Sidewalks are required to meet ADA throughout the site, particularly at road and driveway crossing. Please label accordingly (Public Services). 10. Prior to issuance of any development permits,applicant to enter into a Developer Agreement with the City Commission addressing the installation of water and sewer improvements sufficient to meet the demands of the proposed use, including adequacy of fire flow requirements (Fire-Rescue and Public Services). 11. Minimum Building Setbacks PARKING GARAGE APARTMENT TOWER . 20 feet from existing lot 30 feet from existing lot line Park Road Setback line(10 feet from future lot (20 feet from future lot line) line) 20 feet 50 feet SW I"Avenue South Lot Line 23 feet 33 feet SW 3rd Avenue 20 feet 20 feet 12. Staff reserves the right to require additional revisions pending submission of a complete site plan, including but not limited to the following: (a) Entryway signage must indicate a height restriction of 6' 8"within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles, including vehicular entrances. (b) Modify parking structure fagade architecture along Park Street and south lot line to resemble pedestrian scale residential or retail use. (c) Provide a photometric plan"to review possible hazards&disturbances to the public and adjacent properties"per Chapter 8, Sec. 8-4(g). Provide foot candle levels at all property lines; not to exceed 0.5 at south property line. 3 RESOLUTION #2005-023 (d) Landscape plans shall show location of light fixtures, per Sec. 26-46(8). (e) Identify dimension and location of stabilized soil on landscape plan to accommodate fire access lane. (f) All sidewalks (including Park Street) shall be located within public right-of-way. (g) Prior to issuance of any development permits, applicant to provide nine (9) feet of additional right-of-way. (h) Prior to issuance of any development permits, applicant to provide five (5) feet of right-of-way adjacent to SW 3`d Avenue to allow for future roadway expansion. (i) Efficiency apartments prohibited; 1 bedroom apartments not to exceed 25% of total units(remaining apartments to contain two or more bedrooms). Washer/dryer to be provided within each unit. (j) Prior to issuance of any development permits, applicant to submit and obtain approval of construction plans showing roadway improvements to Park Street,SW 1 S` Avenue, and SW 3`d Avenue. • 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 February 9, 2005. = C.K. MC ELY MAYOR-CON MISSIONER ATTEST: ROLL CALL: i--� Jal CXJ COMMISSIONER ANTON- YES '' - k 4' COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY-CLERK VICE-MAYOR MIKES -NO MAYOR MCELYEA - YES • 4 RESOLUTION#2005-023 APPROVED AS TO F 7ND CORRECTNESS: BY: rt, f TH.OMA 1. CITY ATTORNEY • • 5 RESOLUTION #2005-023 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT. STAFF REPORT DATE: February 9, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G SUBJECT: STAFF REPORT ADDENDUM: SE-36-04: Special exception to assign 112 residential Local Activity Center units (109 SW Park Street). LOCATION: Lots 1-9, Block 21, Town of Modello Plat (Vacant parcel located directly south of City Hall) The Public Services Director and Fire-Marshall both submitted summary plan review comments late last week after completion of City Commission Agenda packages. Staff has amended the approval conditions consistent with their comments (attached). • 1. The number of LAC units assigned to this property shall be proportional to the building height as approved by the City Commission. 2. Special Exception approval to automatically expire on March 1, 2006. Applicant may apply to the City Commission for an extension (Variance approval, if granted, expires within one year of approval pursuant to City Code). 3. Applicant to prepare and record deed restriction (enforceable against subsequent owners) to voluntarily limit use of this parcel to condominium development. Deed restriction to be approved by the City Attorney and recorded prior to issuance of any development permits. 4. Applicant to prepare and file condominium documents disclosing (i) south runway expansion plan and potential impacts, and (ii) development potential of adjacent property pursuant to the CRA and Comprehensive Plan. Rental regulations (frequency and duration) shall also be included. Condominium Documents to be filed with State and submitted to the City prior to issuance of any development permits. 5. Letter acknowledging payment of Local Activity Center School Impact • Fees to Broward County prior to issuance of a building permit. Page 1 of 3 • 6. Payment of $537,600 Local Park Impact Fee prior to issuance of any building, paving, water, or sewer permits. The fee is based on 20% of the appraised value of the site as required by Section 19-71, 19-72, and 19- 73 of the City Code. Appraisal submitted to staff at the January 19, 2005 Planning and Zoning Board meeting. 7. The applicant's attorney shall submit documentation (original) that the applicant, understands and agrees that the Special Exception, Variances, and LAC unit allocation confer no vested rights or entitlements to any of the following: (a) Site design, building design, ,parking configuration, architecture, or Fire-Rescue Department requirements; (b) Compliance with water, sewer, paving, and drainage requirements; (c) Compliance with the regulations of any other governmental agency. 8. The applicant has submitted detailed peak hour capacity analysis for the intersection of US-1 & Dania Beach Blvd. The results of the analysis indicate that future signal timing modifications at US-1 and Dania Beach Blvd are necessary to accommodate the future demand. Therefore, based on the applicant's analysis, it is recommended that this intersection be periodically monitored to ensure that the optimum signal timing is implemented to accommodate the future peak hour demand (Public Services). 9. Sidewalks are required to meet ADA throughout the site, particularly at road and driveway crossing. Please label accordingly (Public Services). 10. Prior to issuance of any development permits, applicant to enter into a developer agreement with the City Commission addressing the installation of water and sewer improvements sufficient to meet the demands of the proposed use, including adequacy of fire flow requirements (Fire-Rescue and Public Services). 11. Minimum Building Setbacks PARKING GARAGE APARTMENT TOWER Park Road Setback 20 feet from existing lot 30 feet from existing lot line (10 feet from future line (20 feet from future lot lot line) line SW Vt Avenue 20 feet 50 feet South Lot Line 23 feet 33 feet SW 3`d Avenue 20 feet 20 feet • Page 2 of 3 12. Staff reserves the right to require additional revisions pending • submission of a complete site plan, including but not limited to the following: (a) Entryway signage must indicate a height restriction of 6' 8" within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles, including vehicular entrances. (b) Modify parking structure fagade architecture along Park Street and south lot line to resemble pedestrian scale residential or retail use. (c) Provide a photometric plan "to review possible hazards & disturbances to the public and adjacent properties" per Chapter 8, Sec. 8-4 (g). Provide foot candle levels at all property lines; not to exceed 0.5 at south property line. (d) Landscape plans shall show location of light fixtures, per Sec. 26- 46(8). (e) Identify dimension and location of stabilized soil on landscape plan to accommodate fire access lane. • (f) All sidewalks (including Park Street) shall be located within public right-of-way. (g) Prior to issuance of any development permits, applicant to provide nine (9) feet of additional right-of-way. (h) Prior to issuance of any development permits, applicant to provide five (5) feet of right-of-way adjacent to SW 3rd Avenue to allow for future roadway expansion. (i) Efficiency apartments prohibited; 1 bedroom apartments not to exceed 25% of total units (Remaining apartments to contain two or more bedrooms). Washer/dryer to be provided within each unit. (j) Prior to issuance of any development permits, applicant to submit and obtain approval of construction plans showing roadway improvements to Park Street, SW 1st Avenue, and SW 3�d Avenue. Page 3 of 3 Leeds, Larry ® From: Vazquez, Fernando Sent: Wednesday, February 02, 2005 5:37 PM To: Leeds, Larry Cc: Pato, Ivan Subject: 109 Park Condo-Water and Sewer Developers Agreement Larry Couple of points of clarification prior to any further contemplation of a "Developer's Agreement"; 1) Given the pending discussions and conditions placed on this project, it is difficult at this moment to predict who will arrive first, whether the developer or the water and sewer. Numerous times, I have asked for a planned schedule of activities for this project from the Developer and have never received it. Thus making it extremely difficult to place it in the radar screen. Apparently, it continues to be a moving target. 2) Nevertheless, PS is prepared to initiate the design only of a 16"transmission main which will extend for approximately 3200 linear feet from the Water Treatment Plant along an existing due-north utility easement to West Dania Beach Blvd, then east to Federal Highway where the pipe is to be connected to the presently planned 12" transmission along DBB. This construction is required to initiate the 1st phase of efficiency loops to sustain the CRA. Alongside the new 1.5 MG tank the construction these two systems should address the flow requirements for this development. However, funding to construct this portion of transmission mains in 2005 is an issue, The deadline to present plans and specifications to the state for SRF funding is April 16. 2005, without having even started design, meeting such deadline is nearly impossible; thus most likely pushing construction of this leg to 2006. Based on the letter issued by Bonnie Miskel from Ruden McClosky, the developer is perfectly aware of these circumstances and understands that water and fire flow supply may be inadequate for the issuance of a certificate of occupancy, and as such understands that the CO"may be delayed until such time the City can provide adequate fire flows or an alternative is viable". Given these circumstances, and the fluidity of this project I believe a"Developers Agreement" which is a definitive contract, is best to wait until such time the conditions of this project become better defined. I welcome any thoughts you may have regarding this subject Fernando A. Vazquez, P.E. Director Public Services City of Dania Beach, FL F E B - 2 2005 2/7/2005 City of Dania Beach Fire Rescue Bureau of Fire Prevention 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office: (954)924-3656 Fax: (954)924-3733 F E B - 3 2005 To: Mr. Laurence Leeds, Director of Community Development From: Edward Tarmey, Fire Marshal Re: 109 Park Condominiums Date: February 3'd, 2005 According to the engineering calculations provided by Aces Engineering and submitted to my office on December 22"d, 2004, the required fire flow calculation for this building, while under construction, is 1,250 gpm. The current existing water supply provides 1,100 gpm at 20 pounds residual pressure and approximately 1,200 gpm at 10 pounds residual pressure. The results of the fire flow calculations in the construction phase of the project fall short of the existing water supply by approximately'50 gallons per minute. Since this will be a concrete incombustible building, this shortage is insignificant until combustible materials are introduced into the building. The fire flow demand study was conducted twice, first using the "Non-Combustible" or construction phase Occupancy Factor and secondly using the "Combustible" or finished structure Occupancy Factor. In both studies, only one fire hydrant is required to meet fire flow demand for this project. The problem lies with the required fire flow demand for the Combustible or finished project phase. The Combustible Phase Fire Flow Demand required for C/O is 1,750 gpm. This figure is 550 gpm short of the calculated needs for fire protection and cannot be provided by the existing city water supply. The water supplies required to support the fire flow demand necessary to occupy this building will not be in place until the City's water utility improvements are completed. In the enclosed letters from Aces Engineering and Bonnie Miskel, they both reflect that their client understands that a Certificate of Occupancy may be delayed until such time as the City's water system can provide the calculated fire flow demand. Although there is sufficient water to begin construction, I would be in support of a developer's agreement prohibiting a Certificate of Occupancy and the introduction of combustible materials into the building, until the city water utility can support the calculated fire flow demands demonstrated by Aces Engineering. The access road along the South elevation may now be modified or eliminated in its entirety because of the newly adopted fire code. The newly adopted 2003 edition of the Fire Code became effective on January 1st, 2005. This edition will be the Code in effect when this building is submitted for permit review. The fire access road along the South elevation may be eliminated under the new code since the new Code requires that a fire access road need only extend to within 50 feet of a single exterior access door to the interior of the building and need not be "provided on all sides when possible" as in the previous Code in effect. [NFPA 1 section 18.2.2.2 Access to Building] Should you require any further comment or information on this project, please contact me at your earliest convenience. • Sent By: A; 95445450B1 ; Feb-8-05 11 :06AM; Page 2/3 LAW OFFICES � - IARK PERLMAN, P.A. � 3 • 1"0 EAST HALLANDALE BEACH BOULEVARD HALLANDALE BEACH,FLORIDA 33009 MARK PERLMAN' TELEPHONE(964)4W1333 °ALSO ADtAITTED IN NEW PORK MIAMI(305)944.9252 STEPHANE R.DUPONT FACSIMILE(9M)454-5081 February 8, 2005 City Commission City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach,FL 33004 RE: :109 PARK CONDO IUM OUR FILE NO.: 029 Dear Commission Members: • Please be advised that I am ttte corporate and condominium attorney for I. Kushner Investments, developer of 109 Park Condoninium. I am in receipt of 28 reservation deposits for the purchase of units at 109 Park Condominium, each of which has made a deposit to riiy trust account. The developer stopped taking reservations on June 7,2004. The developer considers the tie unclosed information as confidential. The following constitutes a list of the purchasers whom reservations deposits were received by this office. NAME NUMBER of APARTMENTS RESERVED JAY DICK 2 AVELINO CALVAR 1 BRUCE E. SALLETT 1 JERRY KEELER 1 C14RISTOPHER RYAN 2 JOHN M.RYAN 1 MICHAEL G.RYAN: ': 1 SOUTH FLORIDA LAW Internet:www,SoFlalaw_c0m - MPerlman(Pbellsouth.net Sent By: A; 9544545081 Feb-8-05 11 :06AM; Page 3/3 February R,2005 City CAFM=ei0r4 Ciiy ofDBnia Be reh Re:l09 PARK CONDOMTNIUM/OUR FILE NO.-,04-0029 Pg.2 EARL WILLIAM AURPLIUS 2 DIANE AURELIUS PYLES 1 MICHAEL SWEENEt l LAURA METRICK 1 ROBERT S. BROWN MICHAEL A. CARUAAIA 1 WILLIAM C. NIESSE� 1 DOROTHY JEAN COdK 1 HUGH ANTHONY LOOEZ JERRY KEELER I JENNIFER A. TRAFIC"ANTE 1 PAUL TENNIS 1 DAN & PATRICIA T8$NIS 2 BROON&XIMENIA: NDINO 1 GARY GARCIA 1 If you require further informati on these reservation deposits, I will be present at the February 9,2005 City Commission Mee(ii g to answer your questions. Very truly yours, Mark Perlman,Esq. MP/vm N:WF,TW0R-11NF I WORK2\REALESTE\LET rEMDANIA2.LTR _ AGENDA REQUEST FORM CITY OF DANIA BEACH i AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: FEBRUARY 9,2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -SPECIAL EXCEPTION REQUEST SE-36-04(109 PARK CONDO) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Request submitted by Bonnie Miskel, Esq., with the Law Firm of Ruden, NlcClosky,Smith, Schuster& Russell, PA and I. Kushnir Investments, for a special exception to assign 112 residential Local Activity Center units for a property located at 109 SW Park Street. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Application Public Hearing Notice/Mailing List Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: February 1,2005 Community Development Department City Manager Date i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 19, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, DirectorC C Corinne Church, AICP, Principal Planner SUBJECT: VA-46-04/SE-36-04: The applicant, Bonnie Miskel, Esquire, on behalf of Leonard Stolar Trustee, requests the following: 1) Variance to allow a 10 story building (3 stories/40 feet allowed) in a C-3 Zoning District. 2) Special exception to assign 112 residential • Local Activity Center units for a property located at 109 SW Park Street. LOCATION: Lots 1-9, Block 21, Town of Modello Plat; vacant parcel located directly south of City Hall) The applicant proposes a 10-story apartment building consisting of 3 floors of parking and 7 floors of apartments. The property is zoned Commercial (C-3) and has a Local Activity Center ("LAC' Land Use designation. The property is also located within the Community Redevelopment Area (CRA). Variance: The applicant is requesting a variance to allow a 10 story building (100 feet to the ceiling of the top floor). The C-3 zoning district allows a maximum height of 3 stories/40 feet. To obtain a height variance in excess of 62 feet requires supermajority vote (4 out 5) of the City Commission. The City's Downtown Community Redevelopment Plan recommends 6 — 8 story buildings in this part of the CRA. Special Exception: The applicant is requesting Special Exception approval to allow multi-family residential use within the C-3 zoning district, including the allocation of 112 residential LAC units (less than 60 units per acres) to the subject property. Pagel of 6 The LAC provides 2,400 residential units available for assignment by the City Commission on a site specific basis, based on special exception criteria. The zoning designation and existing land use for the surrounding properties are as follows: Zoning ExaYard North Open Space City East Commercial Ret South Commercial SF/ West Industrial Lu The proposed use is generally compatible with the CRA Plan and the LAC land use designation. The project is compatible with existing and planned development if proper architecture and site design are provided. The building consists of 7 floors of apartments on top of 3 floors of parking. The parking garage is approximately 35 feet high; the apartment tower is 100 feet high, not including rooftop architectural features. The following setbacks are based on applicant's plan submitted January 13, 2005. PROPOSED BUILDING SETBACKS SETBACK FROM PARKING GARAGE APARTMENT TOWER FLOORS 1 — 3 FLOORS 4— 10 • Park Road Setback 18 feet from existing 28 feet from existing lot lot line (8 feet from line (18 feet from future future lot line**) lot line** Setback from existing Approximately Approximately City Hall Sidewalk 45 feet 57 feet (North side of Park Road SW 1st Avenue 20 feet 50 feet South Lot Line 25 feet 35 feet Sw 3 rd Avenue 20 feet 20 feet ** Staff has requested the applicant dedicate sufficient ROW along Park Road to increase roadway pavement width from 18 to 24 feet. With the exception of the Park Road parking garage setback, building setbacks are generally consistent with both the CRA Plan and the Draft Downtown Design Guide Book. To provide the desired parking garage setback (10 feet) along Park Road would require moving the entire building at least two feet south. Relocating the building would reduce Fire-Department access along the south side of the building. Page 2 of 6 Moving the building south would also reduce the apartment tower setback below 35 feet along the south lot line. An adequate apartment tower setback should be provided in the event a second mid-rise building is built to the south. At least 70 feet is recommended between buildings of this size (see attached sketch). As an alternative to moving the building two feet south, the applicant should change the parking facade along Park Street to resemble a residential or retail building. Providing a pedestrian appearance is necessary given the length (300 feet) and height (35 feet) of the parking garage facing city hall. STAFF ANALYSIS Height Variance: The CRA Plan, adopted by the City Commission in 2002, recommends 6 - 8 story buildings in the downtown area. The proposal to build a 10 story building is not consistent with the CRA Plan. While the current application is the first height variance application submitted to the City Commission in the Downtown CRA, the City Commission has previously considered buildings in excess of 8 stories. In 2003, the City Commission granted conditional special exception approval (since expired) to both the Pirates Inn and Dania Beach Hotel sites. The conceptual building elevations proposed 10 stories for the Pirates site and 9 stories for the Dania Beach Hotel site. Special Exception/Allocation of LAC Units: In evaluating any special exception request, staff must first determine if the proposed use fits on the site. This includes compliance with parking, landscaping, building height, loading areas, traffic circulation, and site ingress/egress. The current conceptual site plan (submitted November 22, 2004) generally appears to meet these threshold requirements. However, the plan is not sufficiently detailed to verify compliance with site plan review requirements. As such, staffs support of the special exception request (up to 112 flex units) is subject to the following conditions: 1. The number of LAC units assigned to this property shall be proportional to the building height as approved by the City Commission. 2. Special Exception approval to automatically expire on March 1, 2006. Applicant may apply to the City Commission for an extension. 3. Applicant to prepare and record deed restriction (enforceable against subsequent owners) to voluntarily limit use of this parcel to condominium development. Voluntary restriction shall be reviewed by the City Attorney • Page 3 of 6 and recorded prior to issuance of any building, paving, water, or sewer . permits. 4. Applicant to prepare and file condominium documents disclosing (i) south runway expansion plan and potential impacts, and (ii) development potential of adjacent property pursuant to the CRA and Comprehensive Plan. Rental restrictions (frequency and duration) shall also be included. Document language to be approved by City Attorney and filed with State prior to issuance of any building, paving, water, or sewer permits. 5. Letter acknowledging payment of Local Activity Center School Impact Fees to Broward County prior to issuance of a building permit. 6. Payment of $537,600 Local Park Impact Fee prior to issuance of any building, paving, water, or sewer permits. The fee is based on 20% of the appraised value of the site as required by Section 19-71, 19-72, and 19- 73 of the City Code. Appraisal submitted to staff at the January 19, 2005 Planning and Zoning Board meeting. 7. The applicant's attorney shall submit documentation that the applicant agrees to comply with all Special Exception approval conditions exactly as approved by the City Commission. • 8. The applicant's attorney shall submit documentation (original) that the applicant, understands and agrees that the Special Exception, Variances, and LAC unit allocation confer no vested rights or entitlements to any of the following: (a) Site design, building design, parking configuration, architecture, or Fire-Rescue Department requirements; (b) Compliance with water, sewer, paving, and drainage requirements; (c) Compliance with the regulations of any other governmental agency. 9. The applicant has submitted detailed peak hour capacity analysis for the intersection of US-1 & Dania Beach Blvd. While the use of right-turn-on- red (RTOR) volumes for the westbound approach is questionable since no traffic data was provided by the applicant indicating what the RTOR volume currently is, the results of the analysis clearly indicate that future signal timing modifications at US-1 and Dania Beach Blvd are necessary to accommodate the future demand, regardless of used at RTOR volume reduction. Therefore, based on the applicant's analysis, it is recommended that this intersection be periodically monitored to ensure that the optimum signal timing is implemented to accommodate the future peak hour demand (Public Services). 10. Sidewalks are required to meet ADA throughout the site, particularly at road and driveway crossing. Please label accordingly (Public Services). • Page 4 of 6 • 11. Prior to issuance of any development permits, applicant to enter into an agreement with the City Commission agreeing to provide necessary water and sewer improvements (including off-site improvements) sufficient to meet the demands of the proposed use (Public Services). 12. Prior to issuance of any development permits or certificates of occupancy, Fire Marshall to confirm adequacy of water pressure/water volume necessary to meet fire protection requirements (Fire- Rescue/Public Services). 13. Staff reserves the right to require additional revisions pending submission of a complete site plan, including but not limited to the following: (a) Entryway signage must indicate a height restriction of 6' 8" within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles, including vehicular entrances. (b) Modify parking structure fagade architecture along Park Street and south lot line to resemble pedestrian scale residential or retail use. • (c) Provide a photometric plan "to review possible hazards & disturbances to the public and adjacent properties" per Chapter 8, Sec. 8-4 (g). Provide foot candle levels at all property lines; not to exceed 0.5 at south property line. (d) Landscape plans shall show location of light fixtures, per Sec. 26- 46(8). (e) Identify dimension and location of stabilized soil on landscape Ian to accommodate fire access lane. (f) Sidewalks shall be located within public right-of-way. (g) Prior to issuance of any development permits, applicant to provide additional right-of-way as per the approved site plan and engineering specifications. (h) Prior to issuance of any development permits, applicant to provide five (5) feet of right-of-way adjacent to SW 3rd Avenue to allow for future roadway expansion. Page 5 of 6 (i) Efficiency apartments prohibited; 1 bedroom apartments not to exceed 25% of total units (Remaining apartments to contain two or more bedrooms). Washer/dryer to be provided within each unit. 6) Prior to issuance of any development permits, applicant to submit construction plans showing improvements to Park Street, SW 1 sr Avenue, and SW 3Id Avenue. PLANNING AND ZONING BOARD RECOMMENDATION Variance to allow a 10 story building: Approval, subject to the above conditions. Special Exception to allocate 112 LAC Units: Approval, subject to the above conditions. • • Page 6 of 6 � k ; --:GAG :y PROPERTY U �� , | D ............. § 2 >� \ § ) § C: \ : $ 2 IT, :m/ 7�. :�� 1 ` i � ! |; ■ ■ ■ ■ ■ ■ ■ � : {| � �| .. v � ) � a m ■ ■ 990m \ e ..._-- §7 � a> , z :d - § — �6 L----------- —-------------» ; LINE S. a AVENUE ® ®TM �y �> \. � . . »| «| °| 109 gRKCONDOMINIUM FOR: ^�® rallD hch08ff arc hit@Cfp,ci. 1" | \, E�sNINVESTMENT! archileclure • � ntersors k 2250_ ��: _3M�» I oT City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units OCT 18 2'004 ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan Special Exception Petition No.: -�✓6��}- ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request J� Other: oqs LAC ww% -LS AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED. IMPORTANT: THE APPLICANT OR THEIR AUTHORIZED LEGAL AGENT MUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMMISSION MEETINGS. t° REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION" CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: 109 SW Park Street Lot(s): 1--A Block: 21 _ Subdivision: TpL�.n of Dania (R-49) Recorded Plat Name: Town of Dania 504234013080009013100 Folio Number(s): Legal Description: I nte, 1-9, Rl�k 21_Tow of Pania Kushnir Investments by Applicant/consultan Za Re —a��circleone) R,iden ttClnsky (Ronnie Miskel, Este 1 Address of Applicant: 0/0 2C10 F Brnward_ELlvd Ft Lauderdale, FL 333n] Business Telephone: 954-527-2476 Home: Fax: 954-333-11076 Name of Property Owner: I e0nard_StOlar, trlaLeP Address of Property Owner: 300 71st Stre t quite S4 l`,b Fl Z�141 Business Telephone: Home: Fax: Explanation of Request: S eGi al Exception for tail ti fami l rPci denti al "ri thi n (- r1i ctri rt (allocation of 112 LAC units to Property) • f Prop. Net Acreage: 1 6 ac Gross Acreage: 1.97 ac Prop. Square Footage:37,579 sf footprint. • Existing Use: vacant Proposed Use: cesideati al, m j faily Lice Is property owned individually, by a corporation, or a joint venture? trustee Iind) APPLICANT, CONSULTANT, OR SAL REPRESENTAT NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: k' day of 20�'��= This Signature: �,� ',�6` �1da--- Date:_ Bonnie Miskel, Eso. Sign Name o tary Public (Print Name) State of _200 E Broward Blvd FtLauderdale. Fl. 33101 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-527-2476 954-333-4076 Seal t" kworly Ann BeD Telephone No. &Fax No. •, . : fad c--Wiv IHION d DD046835 EXPIRES November 24 2005 oJMMV THOU TROY FAIN INSURANCE Wr- INDIVIDUAL OWNER NOTARIZED SIGNATURE: S�- This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn 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: • Seal: Telephone No. & Fax No. 06/08/2004 14: -1 3058611718 LEONARD STOLAR PAGE02 bb(tlf�l�bb4 1j: 45 JtW:121d ( St KH AN UUUK tL I Y I'f- i t ! Stet �nl Q f zrtterGst in Property Rn d AuL1ko.iz ion to File P titSa3111 certifies that the is the Owner of the subj ect property t authorizes 1. KUSHNIR INVESTMENTS and/or RU'DEN, McCLt)SKY, SM M, SCHUSTER & RUSSELL, P.A to submit petitions to the City of Dania Beach for special exception and site plant approvals. By: Signature: A . Printed tame: Addma: a©� ( S / ae Phone: , . stagy of ( County of paa-e—.- The foregoing instr utxent was acknowledged before me this day of by cs�,ei-�y' [� 5>'0�� and who is per3onally me or who has produced as identification an w o A take an oath. NOTARY PUBLIC: l Sign: Print: My Comnnisssion Expires: My Commission Expires: + MY COMMISSION 4 Do 0614M �x El�g tt3l�tlt 17,� property: 109 SW Paris Street r WP8 131026:39 0 PAGE 212*RCVD AT 61&2004 2:34:21 PM�astem Daylight Time]'SVR:FTLWEB112'DNIS:4076'CSID:3058611718'DURATION(mm•ss):01.22 06/08/2004 14: 31 3058611?18 LEDIiARD STOLaR PAGE 01 06/08/2004 13:45 9549207 JEAN COOK REALlY -'C Gaut 41 4 ' per,Net kreape: Gress Acreage:_ Pro9•Square Footage' D(Ist1n9 Use: Proposed Use: Is property owned Individually,t y a corporatiom or a joint venture? APPLICANT, CONSULTANT, OR LEGAL REPR,ESENTATINE MOTARMD SIGNATURE Swam to and subaabad bedbre me ApplkantjConsultanVR®preMtstNC Signature: Deter Q - c .n..,-.e -- Sign�Narm (RW NWM) State of( FLOeron ) rPwLev' lLtWat >Lt � �� �S�+13 ro I' g, t 33�d 1 Print Name d Notary Stroet Addnw, Cdty, Steno Ad Zip Code 4 S4 S;-7—g q 7 b 'd' !�► r mown MW Tede�NO.a Fax No. COMWM �' eorapaaeu�orotiu» � IFt1D2'VIDUAL OWNER NOTARIZED SIONATURN: This is to oar* tt* I am the No urnµa owner of subject lands described a ova and ttx�t I have auttl xUad (ApgkwWConsu1taWRgxvsen4stim) T� , r P to make and fide dv aforesaid appikatlon. sworn to and subW bed be"MA Owner: This . day of�.,SLat Q.24p 5lgwtwe: Date: � of N n � ASW N$rM wane) L a state of( ) ��� �� ry Print Name of Notary Street Address,Oro, State and Zip Code Commission Expires: seal: Telephone No.&Fax NQ- + " q�ESlfediT,�O '•lt,.P�� ,i,,,b,o fire 6,rlpd�try f PAGE 112'RCVD AT 61812004 2:34:24 PM(Eastern Daylight Time)'SVR:FTLWEB112'DNIS:40761 CSID:3038611718°DURATION lmm•ss):01.22 i TRICON DEVELOPMENT OF BREVARD, INC. P.O. BOX 320637 COCOA BEACH,FL 32932-0637 PHONE: (321) 453-5360 FAX: (321) 453-3618 May 18, 2004 Laurence Leeds, Director of Community Development City of Dania 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Development of Residential condominium apartments,Lots 1 —9 , Block 21, City of Dania Beach, Florida Dear Mr. Leeds: Please allow this letter to introduce myself as President of Tricon Development, Inc. I have been developing real estate in Florida since 1979 primarily in Brevard County and most recently in St. Lucie County. During that period of time, I have developed approximately forty multifamily projects in excess of three thousand units. I am considering co-developing the above referenced apartment building with Mr. Israel Kushnir. If you have any questions please call me at your earliest convenience. Sincerely, '�rau, ce Kodsi C.C. Israel Kushnir l f. 200 EAST BROWARD BOULEVARD ® FORT LAUDERDALE,FLORIDA 33301 luenPOST OFFICE BOX 7900 McClosky FORT LAUDERDALE,FLORIDA 33302 (954)527-2476 FAX:(954)3334076 BONNIE.MtSKEL@RUDEN.COM June 8, 2004 Kushnir Investments (the "Petitioner"), is requesting Special Exception approval to allow multi-family residential use within the C-3 zoning district, and allocate 112 Local Activity Center dwelling units to the subject property. The Petitioner is proposing a 7-story condominium project at 109 SW Park Street (the "Property"), within the Dania Beach Downtown Area Local Activity Center ("LAC"). The LAC is approved for a total of 2,465 dwelling units. The Petitioner is requesting allocation of 112 of the specified 2,165 high rise dwelling units approved for the LAC. Simultaneously, the Petitioner is requesting a Special Exception to permit residential uses on the Property. The City's C-3 zoning district allows residential uses within the Downtown Redevelopment Area as special exception uses. I The proposed 112-unit condominium has been designed pursuant to the architectural guidelines contained in the Downtown Redevelopment Plan. A Spanish Mediterranean architecture theme has been utilized. The building includes trellises, quoins, arches, and gable roofs with spanish tiles on tower elements. Consistent with the criteria contained in Section 10.12(f) of the City's Zoning Provisions, the requested Special Exception (multi-family residential within the C-3 zoning district) complies with the requirements of Article 12 and Chapter 28, Zoning, and the policies within the City of Dania Beach Comprehensive Plan. (1) The use is permitted as a special exception use as set forth in the Schedule of Use Regulations. The Schedule of Use Regulations allows multi-family housing within the Downtown Redevelopment District, as special exception uses. The Property is located within the LAC, which includes a mix of residential and commercial or employment- based uses. The Petitioner is requesting the allocation of 112 high rise dwelling units to facilitate the proposed condominium project. (2) The use will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where it is to be located. The proposed residential use will add value to a vacant, underutilized property located in the core of the City's redevelopment area. The new development project will have a positive { impact on the value of surrounding properties; and is likely to spur investment in adjacent properties which will further increase their values. The current assessed value of the property, in its underutilized state, is less than $220,000. The Petitioner estimates W PB:180432:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS • FT.LAUDERDALE • MIAMI • NAPLES •ORLANDO- PORT ST.LUCIE • SARASOTA • ST.PETERSBURG • TALLAHASSEE • TAMPA •WEST PALM BEACH 1 0 ( Page 2 • that the proposed project will cost approximately $28 million to build, and because property values are based on construction values reported in building permits, the value of the Property will increase more than one hundred-fold. (3) The use will be compatible with the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with general character of the area, considering population density, design, scale and orientation of structures to the area,property values and existing similar uses or zoning. The proposed residential use is consistent with the mix of uses approved for the LAC and Downtown Redevelopment Area. The multi-family use will complement the existing civic and commercial uses in the immediate area. The location of the proposed project is conveniently located adjacent to commercial uses that are within walking distance of the Property. The proposed residential structure and accessory parking garage has been designed consistent with the design guidelines contained in the Downtown Redevelopment Plan. (4) Adequate landscaping and screening are provided. A landscape plan is being finalized that will comply with all City landscape, perimeter buffer and screening requirements. ( The landscape theme will utilize stately Royal Palms to compliment the height of the • residential structure and bougainvilleas for color and interest. Garbage is internalized in a room on the ground floor and will not be disposed by means of external dumpsters. (5) Adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. The conceptual site plan complies with City parking requirements of 2.2 spaces per unit. The proposed plan provides 248 parking spaces, which represents 2 spaces more than required by code. Loading and service access is provided off of SW 3Td Avenue, which is separate and distinct from the Porte Cochere and main guest entry on the eastern side of the Property, and the resident parking accessed via SW Park Street. Ingress/egress points have been designed to distribute vehicular movements and not create a burden on any one street or driveway. The Property is located near three established mass transit routes, two of which stop at the Sheridan Street Tri-Rail station. Perspective residents may select this housing opportunity due to its accessibility to mass transit. (6) The use will be consistent with the existing Comprehensive Plan. The proposed multi- family residential use is consistent with the provisions of the Local Activity Center land use. The proposal provides 112 of the envisioned 2465 residential units that are to be incorporated into the City's Downtown area. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed use introduces new residents into the City's Downtown to foster patronage of its businesses and additional i economic support for the Redevelopment Area. WPB:180432:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS• FT.LAUDERDALE• MIAMI •NAPLES •ORLANDO• PORT ST.LUCIE • SARASOTA• ST.PETERSBURC •TALLAHASSEE •TAMPA • WEST PALM BEACH Page 3 (7) The use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community. The Property has been previously cleared and does not contain environmentally sensitive resources. The proposed project, being residential in nature versus commercial, does not create negative externalities that would affect surrounding properties' (dust, odor, vibrations, etc.) nor the health, safety and welfare of the Downtown area. (8) The use will not have a detrimental effect on vehicular or pedestrian traffic or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. The proposed residential project will not negatively impact traffic or parking conditions. The 112-unit project requires 246 parking spaces to comply with current code requirements. The proposed plans provide 248 parking spaces, which represents two spaces more than minimum requirements. Sidewalks are proposed along the street sides of the Property. Residents may choose to walk to nearby businesses rather than make a vehicular trip. The proposed project will not create negative traffic impacts. (9) The use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. The location of the proposed ingress/egress points will not require hazardous turning movements. Guest and service access is clearly identifiable and not located in a manner to cause confusion or misidentification. The proposed access points will not conflict with the driveways of adjacent uses, nor with abutting roadway intersections. (10)The use will not have a detrimental effect on future development of contiguous properties or the general area, according to the Comprehensive Plan. The proposed residential project fulfills the objectives of the Downtown LAC, and implements the City's vision for a mixed-use, sustainable Downtown area. The allocation of 112 LAC units represents less than 5% of the residential units approved for the City's LAC. This new construction project may foster surrounding properties to be renovated or redeveloped, consistent with the City's redevelopment goals. (11) The use will not result in the creation of incompatible noise, lights, vibrations,fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. The requested multi-family use will not have incompatible externalities that are often associated with commercial and industrial uses. The proposed use will provide needed residential units in the City's downtown area, which will enhance the sustainability and economic viability of the surrounding area as these new residents obtain goods and services from businesses in the downtown area. WP8:t 80432:t RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS- FT.LAUDERDALE -MIAMI • NAPLES •ORLANDO•PORT ST.LUCIE •SARASOTA•ST.PETERSBURG •TALLAHASSEE • TAMPA •WEST PALM BEACH Page 4 • (12)Ae use will not overburden existing public services and facilities. The proposed multifamily residential use will meet the City's adopted level of service standards for public facilities and services. Supplemental infrastructure will be constructed, as needed, to handle the new use (water/sewer lines, exfiltration trenches, etc.) and any additional impacts it may pose to the City's provision of services and facilities. (13)The use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. The conceptual site plan has been designed with sufficient turning radii and entryways to permit entry by emergency and service vehicles. Access to the property will be afforded to all public and service personnel. Additional safety details will be entertained during site plan and construction plan review to ensure a safe environment for the perspective residents. (14)The use will be consistent wit h the definition of a Special Exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code, or otherwise adopted by the City Commission. Based on representations from the project architect, the proposed residential project will meet all performance ( standards and requirements of the C-3 district and other regulations applicable to the Property (height, setbacks, parking, landscaping, etc.). Further, the proposal assists the City implement its vision for a mixed use, livable downtown area. The architectural designs are consistent with the Downtown Redevelopment Plan. The proposal represents a new development project on underutilized property within the core of the City's CRA. Therefore, it has been demonstrated that the requested Special Exception is consistent with the criteria established in Section 10.12(f) of the City's Zoning Code. The Petitioner respectfully requests approval of multi-family residential use within the C-3 district and the allocation of 112 high rise dwelling units from those approved for the Dania Beach Downtown Area Local Activity Center. WPB:180432:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS• FT.LAUDERDALE •MIAMI • NAPLES •ORLANDO• PORT ST.LUCIE •SARASOTA•57.PETERSBURG •TALLAHASSEE • TAMPA •WEST PALM BEACH 109 Park Condominiums Legal Description Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 21, of the TOWN OF MODELO (n/k/a Dania), according to the Plat thereof, as recorded in Plat Book B, at Page 49, of the Public Records of Broward County, Florida. • WPB:184201:1 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-46-04/SE-36-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Wednesday, February 9, 2005, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Chambers, Dania Beach 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 Bonnie Miskel, Esq., on behalf of Leonard Stolar Trustee, for vacant property located at 109 SW Park Street for the following: VA-46-04— To allow a 10 story multifamily building; Article 4 District Regulations, Schedule of Lot Yard and Bulk Regulations of the City of Dania Beach Zoning Code permits a maximum building height of 3 story/40 feet. SE-36-04— To assign 112 Local Activity Center (LAC) residential dwelling units on commercially zoned (C-3) property. The property is legally described as — LOTS 1, 2, 3, 4, 5, 6, 7, 8, AND 9, BLOCK 21, OF THE TOWN OF MODELO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 49, 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 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: Friday, January 28, 2005 109 Park Condo o C N i ! j I 'J. MN Cl) C � I I I I ! I I i O� OD � CfliN',�I(Dj �IN,�fINlr'�!LO mIV!V Id!0jM!0Ir t w to OIrICD'a s (CO:,IO r'O COIN O 00'r O!O!Oir, l� r " a �� p O Z O Z OM:OIOIOIOIOIM!O O'O�OIOIOO;OiOiOIr�OIr x O N J M M�CMIM Cl) M'M'M C`) M MICY) MIM ce)Mm N1MIM L U O ; cQ M M C�!c�iM MiM M'MIM MIMIM�M MIM coiM 0IM1C'� ,n� N Q • O I t{ IJ J J I =M C3 w _J LL i LL. 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C' ,r:M!rIN!r 01N C) c-!O MIri0ILO 04 N!N:O W M;MiM MiC?'C?IC?IC IMC?l(?Ic�Igi(7 c)INIMIM M!M M LL Q m !rlri�--Ir �-;rlrir:rlrr!r�rlrr rlrjrlrjrir Q Q O O O'.O 010 010!OiO Oic OIO OlpiO O!O!O'O Z V,:� �.V V � '`� O tt VI414 V,d VIVIV 997 'c? cn OO Q Ch MIMjC?IM M'M MIMiM:C?ICo.C?IMIMiC?iM C?IM M c? V r N;N,N;N N NIN'NiNININ�NiNINININ!NININININ N n 010 0'O 0 0 Oi0IOj0!0;0i0I0 OIO10!Oj0!Oi0 Q Lf)itn,ll1 it7;t[),lO'Ln'ln'L7l Lo;lf)'lnll7l t7;LO'LO i l)!U) Lo LO;Lo I 1 0 IAB 0s, City Hall jtl _ i. Site Location map • 109 Park Condo SUN - SENTINEL PUBLISHED DAILY NOTI�e os FORT LAUDERDALE, BROWARD COUNTY, FLORIDA PuIuc 11"We NOTICE IS HEREBY GIY- BOCA RATON, PALM BEACH COUNTY, FLORIDA EN that a pubitc MIAMI MIAMI DADE COUNTY FLORIDA will be held before rite � r City Commission on Wednesday, February V. 2005, at 7:00 p.m.,or as soon thereafter as.possi- STATE OF FLORIDA bie, in the Dania. Beach City Commisafon Charts+ COUNTY OF BROWARD/PALM BEACH/MIAMI DADE bers,Dania Beach Adedn- west BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Dania l Beachter BWd�Dma Beach,Florida 33004, for I ring WHO,ON OATH,SAYS THAT any purpose cments which HE/SHE IS IA DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED might be made to.the fol- lowing reQueyyst: � - DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED kelR Esq.,Request behalf oeleo- IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE nard stolar Trustee, for ATTACHED COPY OF ADVERTISEMENT, BEING A: vacant property located at 109 sw Park street for the following: VA-46-04/SE-04 VA-46.04 -To allow at 10 story muItifamlty bulid- ing'Article 4 DlStriCt.Reg- IN THE MATTER OF: ulations,schedule of Lot Yard and Bulk Regulations of the City ort Dania Beach zoning Code permits.a VA-46-04SE-04 maximum building height of 3 story/40 feet.:..; IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE 112ELocal Activity cen er ISSUES OF (LAC)residential dweliM9 units on commercially zoned(C•3)property. The property is le ally 1/28, 12251980 described ri a e-Lots1block 21,of the Town of Modelo, AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER according to the plat thereof as recorded In Plat PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, Book B, Page 49 of the AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY public records of eroward PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, COun Copieslofdthe roposed EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE viewing are av community toy 1 viewing in the Community POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, Development Depart- ment.FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF a BlvDd..,Dania Beach ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT Florida between the hours HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON FIRM, OR Mondaa- and4:0please call (954) 9243645e for CORPORATION,ANY DISCOUNT, REBATE, COMMISSION,OR REFUND, FOR THE more information. Inter- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID ested parties may appear NEWSP PER. at the public hearing and be heard with respect to I the proposed petition. ( in accordance W ( Americans With Dith the sabili- (SIGN T RE OF AFFIANT) ties Act, persons needing assistance to participate in any of these proceed- SWORN TO AND SUBSCRIBED BEFORE ME Loui se stilson,should n, comact Louise City,Clerk, ON: 28-January-2005 , A.D. 100 W. Dania Beach Blvd, Dania Beach, FL 33004. (954)924-3622.at least 44 hours prior to meeting' Any person who de- cides to appeal any decl- (SI NATURE OF NOTARY PUBLIC), sion made by the City Commission with regard to any matter considered i at this meeting or hearing Tom Li will need a record of the DDC24939 EXPIRES proceedings and for such July 20, 2005 purpose may need to en- sure that a verbatim BJhuEfl rtiR!,;Rr,y:yIN h5'!RS,NCE.INC record of the proceedings (NAME OF NOTARY,TYPED, PRINTED, OR TAMPED) is made, which record cludes the testimony and evidence upon which the PERSONALLY KNOWN OR Lou Ann Cunningham am Planning Associate January 21,2048 PPIODUGE3D IDONTIfrIOATION