HomeMy WebLinkAboutR-2005-024 Variance 109 Park Condos RESOLUTION NO. 2005-024
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY BONNIE MISKEL,ESQ., WITH
THE LAW FIRM OF RUDEN,MCCLOSKY, SMITH, SCHUSTER&RUSSELL,
P.A. AND ISRAEL KUSHNIR OF 1. KUS1 NIR INVESTMENTS, ON BEHALF
OF PROPERTY OWNER LEONARD STOLAR TRUSTEE,FROM CHAPTER 28,
"ZONING, ARTICLE 5," SUPPLEMENTARY LOT REGULATIONS" FOR
PROPERTY LOCATED AT 109 SW PARK STREET, DANIA BEACH;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4,
"Schedule of Lot, Yard and Bulk Regulations" prescribe the height regulations in the C-3
(Commercial) zoning district; 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 a variance(VA-46-04)
to allow a 10 story/113 foot tall building where the Dania Beach zoning code permits a maximum
building height of 3 stories/40 feet in the C-3 zoning district for property located at 109 SW Park
Street; and
WHEREAS,the Planning&Zoning Board on January 19,2005,recommended that the City
Commission grant variance request VA-46-04 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-46-04),for a variance as described above(from
requirements in Chapter 28 "Zoning', Article 4, "Schedule of Lot, Yard and Bulk Regulations"), a
copy of which is attached as Exhibit "A" is approved, with 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
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
2 RESOLUTION#2005-024
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 facade 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 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.
3 RESOLUTION #2005-024
•
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. ( LY�F
MAYOR—COMMISSIONER
AT-TEST: ROLL CALL:
COMMISSIONER T ON- YES
COMMISSIONER CHUNN YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES -NO
MAYOR MCELYEA - YES
APPROVED AS TO F RM AND CORRECTNESS:
BY:
THOMAS J. N BRO
CITY ATTORNEY
•
4 RESOLUTION#2005-024
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 I 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, articular) at
particularly
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 15 Avenue 20 feet 50 feet
South Lot Line 23 feet 33 feet
[_S_W_
3` 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. 84 (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
Ulan to accommodate fire access lane.
r (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.
0) 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.
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 ®f 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 V, 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 materia Is
into the building, until the city water utility can support the calculated fire flow demands
demonstrated by Aces Engineering.
t
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.
•
Y. 13 reV-o-V7 I I :VDAM, roye ej.]
C
LAW OFFICESzfr/
MARK PERIaMAN► P.A. �.
® 1M EAST HALLANDALE BEACH BOULEVARD
HALLANDALE BEACH,FLORIDA 33009
MARK PERLMAN• TELEPHONE(954)4%-1333
•nLso noWrren IN NEW voRIC MIAMI(305)944-9252
STEPHANE R.DUPONT FACSIMILE(954)454S08t
February 8,2005
City Commission
City of Dania Beach
100 W. Dania Beach Boulevasid
Dania Reach,FL 33004
RE: 109 PARK COND09MIUM
OUR FILE NO.: 04-"29
Dear Commission Members:
• Please be advised that I am t$ie corporate and condominium attorney for I. Kushner Investments,
developer of 109 Park Condominium.
I am is receipt of 28 reservation deposits for the purchase of units at 109 Park Condominium,each
ofwhich has made a deposit to my mast account. The developer stopped takiug reservations on June
7,2004.
The developer considers the the enclosed information as confidential.
The following constitutes a list bf 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
CHRISTOPHER RYAN 2
JOHN M. RYAN 1
MICHAEL G.RYAN, ` I
•
SOUTH FLORIDA LAW Internet:www,SoFlaLaw.com MPerlmanftellsouth.net
WQ11L oy• ' j J:)44:)45Ut11 ; t-eb-u-US 11 :UbAM; rage ;i/i]
February 8,2005
City Cwm iaeioa City ofDeois Be:rch
Rea l09 PARK VONDOWNTI M/UUR Fn.r NO.:04-0D29
rg 2
EARL WILLIAM AUR.;LIUS 2
DIANE AURELIUS PYLES I
MICHAEL SWEENEY. I
LAURA METRICK 1
ROBERT S. BROWN I
MICHAEL A. CARUANA I
WILLIAM C. NTESSEN I
DOROTHY JEAN codk 1
HUGH ANTHONY LOPEZ
JERRY KEELER I
JENNIFER A. TRAFICANTE 1
PAUL TENNIS 1
DAN & PATRICIA TENNIS 2
BYRON& XIMENIA ANDINO I
GARY GARCIA
If you require further informati b' on these reservation deposits,I will be present at the February
9,2005 City Commission Meeting to answer your questions.
Very truly yours,
Mark Perlman,Esq.
MP/vm
N:WFTWnR—I%Nl'.t'W URK2\REA.LESTE�LETTiFMOA NlA2.LTR
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. RVS
1. DATE OF COMMISSION MEETING: FEBRUARY 9,2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-46-04
(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, McClosky, Smith,
Schuster & Russell, PA and I. Kushnir Investments, for a variance request to allow a 10 story
building (3 stories/40 feet allowed) in a C-3 zoning district, for property located at 109 Park Street.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Comment Sheets
Comments Response
Application
• Public Hearing Notice
Mailing List
Location Map
Survey
Site Plans
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date: January 25, 2005
Community Development Department
City Manager Date
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.
Page 1 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 Existing Use
North Open Space City Hall
East Commercial Retail Stores
South Commercial SF/MF Residential
West Industrial Lumber Yard
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 3rd 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 fagade 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 3`d 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.
(j) Prior to issuance of any development permits, applicant to submit
construction plans showing improvements to Park Street, SW 1st
Avenue, and SW 3d 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
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CITY OF DANIA BEACH
• COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
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Route Date: 2/23/2004 PZ Log: VA-46704&SE-36 04
Project: 109 Park St Condominium Folio: 5042-34-01-3080 thru 3110
3
Route Via: Mail ❑ Pickup: L In-house: i�i
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION
TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
Fire Marshall: Ed Tarmey ❑ Planner: _ Corinne Church
i
• ❑ Public Service: Fernando Vaquez ❑ Landscape Consultant
U Approved as submitted: Denied:
[1 Comments must be addressed and CI Approved with conditions:
resubmitted prior to City Commission
List conditions: ROVtDE ffjlG OR �SrA3/Lt' Sd� IE;Q NE '`
w�NG f! o p�oR A TvNS
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Signature
Print Name
Date
— CITY OF DANIA BEACH
•
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
r < L��s >*zFvr rr- � nr Nr nr rrE � F � f7,7 �r Route Date: 2/23/2004 PZ Log VA746704 A SE-36-04
Project: 109 Park St Condominium Folio: 5042-34-01-3080 thru 3110
Route Via: Mail ❑ Pickup: L In-house: 7
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION
TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION, PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
E] Fire Marshall: Ed Tarmey D Planner: Corinne Church
. u Public Service: Fernando Vaquez E Landscape Consultant
❑ P 1proved as submitted: 0 Denied:
Comments must be addressed and i Approved with conditions:
resubmitted prior to City Commission
List conditions: 164(_
/n/0�,
Sign re
—�; e4_() i6--vv�GZ-
Print Name
--- --�--------.-------------
Date
J
200 EAST BROWARD BOULEVARD
/-�� FORT LAUDERDALE,FLORIDA 33301
• u�,�9
n
c0osk
POST OFFICE BOX 1900
YFORT LAUDERDALE,FLORIDA 33302
(954)52 7-2417
FAX:(954)33 3-4017
SCOTT.FUERST®RUDEN.COM
December 22, 2004 5
HAND DELIVERY
Larry Leeds
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Re: Kushnir Investments (109 Park Condominiums) Special Exception Application
No. SE-36-04 and Site Plan Resubmittal
Dear Larry:
I
• The site plan submittal has been revised in accordance with your December 6, 2004
correspondence. It is apparent to us that certain information contained in our previous submittals
is either being overlooked or for some reason is not being reviewed. In order to avoid any future
confusion we are listing the contents of this submittal and they are as follows:
1. Water and Sewer Agreement. We acknowledge that such an agreement is
required prior to the issuance of building permits. We will continue
conversations with the Public Services Director on the components of this
agreement.
2. An unsigned copy of the engineering calculations in enclosed.
Engineering calculations were previously provided and are enclosed again
in this submittal with the RED tab noting the location. Sheet Cl includes
civil engineering details and the booster pumps. (The engineer's signed
and sealed calculations will follow under separate cover.)
3. Condominium disclosure language was provided twice before and is
enclosed again in this submittal with the BLUE tab noting the location.
4. An attorney's opinion of title was provided twice before and is enclosed
again in this submittal with the ORANGE tab noting the location.
W PB:194486:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS• F7.LAUDERDALE •MIAMI • NAPLES -ORLANDO- PORT ST.LUCIE -SARASOTA- ST.PETERSBURG -TALLAHASSEE -TAMPA - WEST PALM BEACH
Larry Leeds
December 22, 2004
® Page 2
5. While landscape graphics were clarified on the previous submittal, they
have been removed from the site plan (sheet A1).
6. The inconsistencies between the landscape and architecture sheets has
been corrected. Sheet Al has been revised to eliminate landscaping.
7. Minimum vertical clearance (16 feet) is provided and was re-confirmed in
correspondence of November 30, 2004 from the project architect. Sheet
A3 contains a detail that depicts the parking garage minimum clearances.
8. Paving information was previously supplied and is depicted on Sheets L-1,
C-1.
9. A photometric plan was previously submitted and is enclosed again as
Sheet PM 1.
10. All vehicular use areas are screened by a hedge/wall (see Sheet L-1).
11. Landscape plans show lighting fixtures (Sheet L-1).
12. Landscape plan identifies the area of stabilized soil to accommodate
emergency vehicle access (Sheet L-1).
13. A roof plan is included (Sheet A-11) that depicts mechanical equipment.
14. Floor plans for all units were previously submitted and are found on
Sheets A-11 through A-15.
15. The architectural renderings, which had previously been submitted depict
the proposed colors of the building. See additional correspondence which
contains a PURPLE tab noting the location
16. The applicant acknowledges that Special Exception and Variance
approvals and/or allocation or LAC units does not provide any vesting or
entitlements (see enclosed acknowledgement letter which contains a
YELLOW tab noting the location).
17. Sidewalks are located within a 5' public easement.
18. A conceptual site plan and south building elevation have been provided in
this submittal package to show the 109 project's relationship to future
buildings (Sheet A-16).
WPB:194486:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • ET.LAUDERDALE •MIAMI • NAPLES •ORLANDO• PORT ST.LUCIE • SARASOTA• ST.PETERSBURG •TALLAHASSEE •TAMPA •WEST PALM BEACH
Larry Leeds
December 22, 2004
Page 3
19. As a condition of approval and prior to final site plan approval, a Unity of
Title will be recorded for the 109 project.
20. Similarly, as a condition of approval, the Applicant acknowledges that a
deed restriction or other instrument will be recorded to voluntarily limit
the 109 project to condominium with rental restrictions.
21. Applicant acknowledges that condominium documents disclosing the
airport runway expansion plans are required prior to issuance of any
construction permits.
22. Applicant acknowledges that all improvements must meet infrastructure
and civil engineering requirements prior to issuance of building permits.
23. Applicant acknowledges that compliance with emergency vehicle access
and fire flow requirements must be demonstrated prior to building permit
approval.
24. Applicant acknowledges that two- and three-bedroom units must comprise
at least 72% of the 109 project.
25. Applicant acknowledges that a recent property appraisal is required for
formal consideration of the site plan.
26. Applicant acknowledges that LAC school impact fees will be due prior to
submission of a building permit application.
We believe that this revised package is fully compliant with the City Code and your
December 6, 2004 correspondence.
If you have any additional questions, please call.
Sincerely,
Bonnie L. Miskel
BLM/kkg
WPB:194486:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • Fl.LAUDERDALE MIAMI • NAPLES •ORLANDO• PORT ST.LUCIE •SARASOTA • ST.PETERSBURG •TALLAHASSEE • TAMPA • WEST PALM BEACH
R�� 4
109 Park Condominiums: Third Plan Review Comments (12-6-04)
VA-46-04/SE-36-04
1, Prior to issuance of building permits, developer to enter into an agreement with the City
Commission committing to bring water and sewer service to the project (including required
off-site improvements) or provide funds necessary to complete the work; agreement to be
based on the recommendations of Public Services Director. Second request,
2. Provide calculations to Public Services Director demonstrating compliance w/infrastructure water,
and sewer delivery Show location of booster pumps on civil plan. Second request.
3. Provide condominium disclosure language relative to the south runway extension. Second
request
Provide attorneys titl op�niori,showing current ownershOp 7f,properly
� Many notes and:.clim�nstons on�Sheet`q �,overlap �andscape�g aphic5&area�fficult to�ea�W iae
aback from s,prop ltne).�Delete,�landscape.�..�ap)� �m��tteN�ilan �itie� quest,
6. The landscaping on Sheet L-1A & L-1 does not match landscaping shown on sheet A-1. Clarify
which landscape detail is correct. Second request,
Indicate rn�narnurn yer�acal clearance.on, er tr rice dmv Y.s: and port cachere, tc 5 ,Second
nest
8. Provide paving plan showing sidewalks, landscaping, and paving improvements along all adjacent
public streets. Secondrequest,
9. Provide a photometric plan "to review possible hazards & disturbances to the public and adjacent
properties" per Chtp. 8, Sec.8-4(g). Provide foot candle levels at all property lines; not to exceed
0.5 at south property line. Fourth request,
10. A continuous hedge/wall is required around all VUA not entirely screened by a building or
structure, per Sec.26-47(b). Third request,
11. Landscape plans must show location of light fixtures, per Sec. 26-46(8). 10 light fixtures are
shown on Sheet L-1A & L-1; 12 light fixtures shown on sheet A-1. Clarify. This is the 2Id time
this information has been requested. Second request,
12. Identify dimension and location of stabilized soil on landscape plan to accommodate fire access
lane. This is the 2"d time this information has been requested. Second request.
3 Ientify location of ail roof mechanical equipment Provide rooff plane showing equipment location
�.nd,�how it�w�ll hex h�dcen,��rc�rn�,.v��ati�. ��?�rc4egcres
4 Provide fCoor pians:frir units B Gnu D" 5ec�vndreques
S Identify building colors on architectural plans Third Request (Staff recommends full„size
detailed color rerderrrig)
r
6T# applIca//��Vt';1atko�Nryn�eysha��b ►, iartathapicaittiict'i� a1 o rte
alt JV k.J4�� de � F thl�€'th♦ Tt f2 1 [,�y\ MI
Csu
z ax, F ,qy.r�" ' Cb yC � , � J a2'`'s�r'Ts� <.n.O S"',�, x 4 x ,et r.4+?� '
epbon, latr ;end Ura"��1aoo fisted� gstt� ertsTIC
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ae �oiar� ; a Sr#eesgrt �dinges,n Tpa
..J�Cor�p�tar�ce==�►�i the.re��lat€ons�r�fian�'�other�g���c�inta��a��er� 111,e�ar
7 Revtse�site plan such that that sidewalks are located flnubl�cghxoY,�Measure sebatcrom
�ck�Qfasidewalk)�;�Reduce net tandarea,accord�ngty New.
8 Subrn�t�conceptsite plan and soutti�building elevattor `showmg relat+onsh�p between-:and 109 Park
wilding and s��t-ular scale and height on'build�n to the south 'Show distance between buildin s.
19. Developer to record City Attorney approved Unity of Title (connecting all described parcels).
20. Developer to record deed restriction or some other legal mechanism (approved by the City
Attorney) to voluntarily limit development of this parcel to condominium with rental restrictions.
The voluntary restriction should be enforceable against subsequent owners.
21. Condominium documents disclosing airport runway expansion plans (and noise impact upon
project) prior to issuance of any construction permits.
22. Developer to demonstrate compliance with infrastructure and civil engineering requirements
(water, sewer, and drainage, and paving where applicable) prior to issuance of building permit.
a23. Developer to demonstrate (to City Fire Marshal) compliance with emergency vehicle access and
fire flow requirements prior to building permit approval.
24. Efficiency apartments prohibited, and one-bedroom units not to exceed 22 % of total units. Two
and three bedroom units to constitute at least 78 % of total units.
25. Submittal of recent property appraisal to determine Parks and Recreation Impact fee. Please note
that the city commission cannot approve the site plan without determining the correct park fee.
26. Broward County requires payment of Local Activity Center School impact fees (estimated
$205,000) prior to submission of building permit application
t
/j 200 EAST BROWARD BOULEVARD
> � �� FORT LAUDERDALE,FLORIDA 33301
dli
McClosky
POST OFFICE BOX 190FORT LAUDERDALE,FLORIDA 33302(954)5 27-2476
FAX:(954)3 33-4076
BONNIE.MISKEL®RUDE N.COM
December 22, 2004
Larry Leeds
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
RE: Acknowledgement— 109 Park Condominiums
Dear Larry:
Kushnir Investments, Inc, the Applicant, and its principal, Israel Kushnir, acknowledge
that Special Exception and Variance approvals, and/or the allocation of LAC units to the subject
property in no manner or inference confer vested rights or entitlements to the subject property or
proposed condominium project, including, but not limited to: 1) site design, building design,
parking configuration, architecture, or Fire-Rescue/emergency response requirements; 2)
compliance with water, sewer, paving or drainage requirements; and/or 3) compliance with
regulations of any other governmental agency.
Sincerely,
tom✓
Bonnie L. Miskel
BLM/kkg
WPB:194495:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
i
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
i
'� PLEASE REVIEW SITE PLAN�AND:RETURN WITH COMMENTS IF ANY
Route Date: 1/23/2004- PZ Log: VA-46-64 �
Project: 109 PARK CONDOMINIUM (REV 2) Folio: 5042-34-01-3080
5042-34-01-3090
5042-34-01-3100
5042-34-01-3110
Route Via: Mail iJ; Pickup: ---I In-house: [i
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION
TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
'L Fire Marshall: Ed Tarmey [=i Planner: Corinne Church
® W Public Service: Fernando Vaquez El, Landscape Consultant
❑ App ved as submitted: [] Denied:
omments must be addressed and f=i Approved with conditions:
resubmitted prior to City Commission
List conditions:
I
I
Sign re
A�Al
4 Z4jrZ
Print Name
Date
a � 4
-
'® ® ; . Calvin, Giordano Associates, Inc.
ti Engineers • Surveyors • Planners
December 16, 2004
Mr. Fernando Vazquez, P.E.
Director, Public Service
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Site Plan Review— 109 Park Condo, VA-46-04 (Rev 3)
CGA Project No. 97-1826.1
Dear Mr. Vazquez:
Comments are noted below for the above noted site plan:
Review date— 12/16/04
Plans dated— 11/23/04
Overall
1. A City of Dania Beach engineering permit will be required for this project.
Detailed engineering plans will be required at that time.
A-1 Plan Review Comments
1. Verify how "Mail Truck" parking space will be designated or if it is actually a
loading zone.
2. Since access at SW lst Avenue is one way, add appropriate signs to notify
drivers using the "guest & short term" spaces on how to safely exit the site.
Signs such as "one way" and "do not enter" are missing at the access points.
3. Show handicap signs for handicap spaces. The ones in the garage will be
mounted on the wall. Handicap symbol in parking area should be rotated for
property orientation.
4. Parking space detail should include handicap space detail including access aisle.
Reph to:
5. Sidewalks are required to meet ADA throughout the site, particularly at road and
1800 Eller Drive,suite 600 driveway crossings. Please label accordingly.
-Fort Lauderdale,FL 33316
Phone:954,921.7 7 81
Fax:954.921.8807
560 Village Blvd.,Suite 340
West Palm Beach,FL 33409
Phone:561.684.6161
Oax:561.684.6360
Hew.c a l ai n-g i o rd a n o_unn
December 16,2004
Pate 2
Traffic Study Comments
The following is provided based on the resubmitted traffic study dated November 22, 2004. While
we no longer have comments regarding the technical aspects of this traffic study and no subsequent
revisions are requested, the statements below clarify the results of the analysis and assist in
identifying potential items of concern for the City of Dania Beach.
1) Based upon the information provided by the Applicant, it appears that the available stacking
distance of approximately 42 feet prior to entering the gated entry (which ensures that access
to the porte-cochere is not blocked), is adequate to accommodate the expected vehicular
demand at this entry.
2) The Applicant has submitted detailed peak hour capacity analysis for the intersection of US-1
and Dania Beach Boulevard. 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 Boulevard are necessary to
accommodate the futurr, demand, regardless of using a 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.
Please let me know if you have any comments or questions. Calvin, Giordano and Associates, Inc.
is an independent reviewing entity and has no financial or professional interest in this project or with
the entity making this site plan application.
Sincerely,
CALVIN, GIORDANO & ASSOCIATES, INC.
Karl Ke dy
Associat �/
I concur with the above noted site plan comments.
Fern o Vazquez, P.
ector, Public Servi
Signatur D6te.
PAIPROJECTS\1997\971826 DANIA MISCELLANEOUS\ENGINEERING\CORRESPONDENCE\LETTERS AND REPORTS\109 PARK CONDO SITE PLAN REv3.DOT
— CITY OF DANIA BEACH
• COMMUNITY DEVELOPMENT DEPARTMENT
j ROUTING SHEET
i
� 3-1,1 S ? zx . . ,.,a • L.p D yi2ETt/1�N TH WI�+lEN S f ANY «� x-
Route Date: 2/23/2004 PZ Log: Mk-46-04 8 SE-36-04
Project: 109 Park St Condominium Folio: 5042-34-01-3080 thru 3110
Route Via: Mail ❑ Pickup: O In-house: n
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION
TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
O Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church
® ElPublic Service: Fernando Vaquez ❑ Landscape Consultant
❑ Approved as submitted: ❑ Denied:
Comments must be addressed and [] Approved with conditions:
resubmitted prior to City Commission
List conditions: n c,,z--o /
1
Signature
Print Name
�. Date
ti
• To: Ralph Cheoff January4, 2005
From: Larry Leeds
Attached are plan review comments relating to 109 Park. Items 1 - 17 include 15 items that
have been requested at least once before. Items 18 - 25 include items that must be
addressed prior to site plan review (No site plan application has been submitted at this
time).
Until such time as the site plan is incomplete it cannot be submitted to the P and Z Board.
As such, your client has requested this to be scheduled before P and Z Board in January for
the variance and s ecial exception only. Variance and special exception consideration
require that the hghhgh d �xtzns be incorporated into a revised site plan package
submitted by December 14, 2004.
Other issues which we have discussed before:
❖ If you wish to allow for 8 1/2 - 9 foot apartment ceilings, you will need increase overall
building height. Please revise plan so that we advertise height variance accordingly.
Entryway signage must indicate a height restriction 6' 8". Revise plan accordingly.
Second request . 1-4-05
First floor parking must be high enough to accommodate handicapped vans and
some service vehicles, this includes vehicular entrances. Revise plan accordingly.
Second request. 1-4-05
❖ Revise the architecture on the north elevation should be revised to create a more
pedestrian-like scale (more like residential/retail use and less like a parking
structure). Second request. 1-4-05
❖ At such time as your client chooses to submit for site plan review, he will have to
submit an application plus a $10,000 application fee. Unused cost recovery funds
(excluding the application fee) are returned the applicant.
❖ Because the plans still do not provide the minimum required information required by
the site plan ordinance, staff reserves the right to make additional comments based
on future plan submittals.
109 Park Condominiums: 4th Plan Review Comments (1-4-05)
VA-46-04/SE-36-04
1. Prior to issuance of building permits, developer to enter into an agreement with the City
Commission committing to bring water and sewer service to the project (including required
off-site improvements) or provide funds necessary to complete the work; agreement to be
based on the recommendations of Public Services Director. Third request. 1-4-05.
2. Provide calculations to Public Services Director demonstrating compliance w/infrastructure water,
® and sewer delivery Show location of booster pumps on civil plan. Second request.
3. Provide a photometric plan "to review possible hazards & disturbances to the public and adjacent
properties" per Chtp. 8, Sec.8-4(g). Provide foot candle levels at all property lines; not to exceed
0.5 at south property line. Fifth request. 1-4 -05
4. Landscape plans must show location of light fixtures, per Sec. 26-46(8). 11 light fixtures are
shown on Sheet L-1A & L-1; 12 light fixtures shown on sheet A-1. Clarify. This is the 2"d time
• this information has been requested. Third request. 1-4-05
5. Identify dimension and location of stabilized soil on landscape plan to accommodate fire access
lane. This is the 2"d time this information has been requested. Third request. 1-4-05
6. Revise site plan such that that sidewalks are located on public right-of-way (Measure setback from
back of sidewalk). Reduce net land area accordingly. 2"d request. 1-4-05.
7. Developer to record deed restriction or some other legal mechanism (approved by the City
Attorney) to voluntarily limit development of this parcel to condominium with rental restrictions.
The voluntary restriction should be enforceable against subsequent owners. Second request. 1-
4-05.
8. Condominium documents to disclosing airport runway expansion plans (and noise) as well as
redevelopment potential of adjacent property in terms of size and scale. Condo documents to be
reviewed for compliance with this requirement and recorded prior to issuance of any construction
permits.
9. Developer to demonstrate compliance with infrastructure and civil engineering requirements
(water, sewer, and drainage, and paving where applicable) prior to issuance of building permit.
10. Developer to demonstrate (to City Fire Marshal) compliance with emergency vehicle access and
fire flow requirements prior to building permit approval.
• 11. Submittal of recent property appraisal to determine Parks and Recreation Impact fee. Please note
that the City Commission cannot approve the site plan without determining the correct park fee.
12. Broward County requires payment of Local Activity Center School Impact Fees prior to submission
of building permit application.
NOTE TO SELF: Staff report (per LQ: Building envelope; Parking; Setback; more work on
parking structure architecture needed. 12-22-04
CITY OF DANIA BEACH
ff 14�A:
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
^ „' d "�'Rw+E*T•T^n .,yg'�'y, a�y�.^f'^9t�T •�mrmnru�, A.A4T'Yi „Z� R%fCxM14ifnf'f5' '�'�V' °'fler'S.f
kx' PLEASE REVIEW S/TE PLAN AIVD RE � VfTHOA �!J�fEAITS 1hiY 35 "
3x:r,�`' :t .�w� ;sLka.w..::...ssm,:tsm:zYs Vrc3....,asfz�r.,.e.� u�:.. �«.r'�• ' .'-;y„ `�,�3„-.
Route Date: PZ Log: SE-36-04 & VA-46-04
Project: 109 Park Condominium (revision 1) Folio: 5042-34-01-3080
Route Via: Mail n Pickup: E; In-house: ill
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION
TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church
17 Public Service: Fernando Vaquez C Landscape Consultant
!C= roved as submitted: Denied:
�_� PP �
171
Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions: Q C41 au—,
Signature
� C
_., Print Name
Dat
CATHY SWEETAPPLE & ASSOCIATES
TRANSPORTATION AND MOBILITY PLANNING;
November 22,2004
Mr.Fernando Vazquez,P.E.
Director,Public Service
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
RE: 109 Park Condominiums—VA46.04
Revised Traffic Impact Study
Responses to the City Traffic Study Comments
Proie t Plumber 04-027
Dear Mr.Vazquez:
Please find ercbsed, the third revision to the Traffic Study for the above referenced project. This version of the study has
been modified to respond to the Traffic Study Review Comments prepared by Calvin, Giordano & Associates, Inc., on
October 22, 2004. The November 2004 revised study is attached, and responses are provided below to the comments
raised by the City's traffic consultant.
• AM and PM Driveway Volumes
1. The Applicant has reevaluated the AM and PM peak hour driveway volumes for each of the project access -
locations and has provided revised driveway assignments which have been incorporated into the Revised
November 2004 Traffic Study. Please specifically refer to the detailed description of each project driveway
included on pages 1 and 2 of the revised Traffic Study, the driveway assignments included on page 10, and
the driveway turning movements included on page 13. Please also refer to the discussion on AM and PM
peak hour visitor traffic volumes and the estimates of visitor queuing included on page 2.
Trip Distribution to Regional Roadways
2. The Applicant has expanded the discussion and further explained the methodology used to develop the trip
distribution in the study area. 83% of the travel path assignments have followed anticipated commuter
routes. The remaining 17% has been assigned as shopping or recreation tips. The numbers are really
very small. During the AM peak hour, the 17% outbound assignment to Dania Beach Boulevard reflects 8
trips traveling to the two grocery stores located on Dania Beach Boulevard to the east of 5th Avenue. Please
refer to the text on page 12 of the revised Traffic Study for additional project distribution details.
Storage Area to the Gated Entry
3. The gated entry to the self-parking garage is served by two travel lanes,and will function with an-electronic
clicker or sensor to minimize delay upon entering the garage. The peak inbound movement into the gated
access would require the processing of 22 vehicles per lane for the PM peak hour. The extremely low
visitorlvalet volume using the Porte Cochere during the PM peak hour will not impact the inbound movement
of vehicles into the garage, nor will the inbound movement of vehicles into the garage obstruct the use of
101 North Gordon Road,Fort Lauderdale, Florida 33301
954-463-8878 office 954-525-4303 fax 954-649-8942 cell Email:csweet@bellsouth.net
Mr.Fernando Vasquez,P.E.
Director,Public Service
City of Dania Beach
109 Park Condominiums Revised Traffic Impact Study
Project Number 04-027
November 22,2004—Page 2
the Porte Cochere. A queuing analysis has been performed (see Table 8 in the revised Traffic Study) to
confirm that no queues will block the access to the Porte Cochere. The vehicle processing or service time is
very low, and the total number of vehicles in each travel lane use only 9.16%of an hour to efficiently gain
access to the garage. The queue analysis reveals that there is a 90% probability that there will be no cars
in the queue. The maximum surge queue revealed the need to accommodate 0.89 vehicles (or 1 vehicle)
for a storage length of 25 feet. The design of the inbound driveway serving the gated access offers two
travel lanes,for a total distance of 86 feet,outside of the 25 foot setback for the inbound driveway.
Intersection Analyses
4. Attachment III includes the AM and PM peak hour signalized intersection analyses for US-1 and NE 1st
Street and US-1 and Dania Beach Boulevard. Intersection analyses have been performed under existing
Year 2004 operating conditions, and projected Year 2007 with project traffic. Full printouts of the
intersection analyses are provided in Attachment III. The turning movements used in the intersection
analyses are provided in Tables 6A and 6B. A summary of the resulting levels of service is provided in
Table 7 found on page 19 of the revised Traffic Study. Level of Service D or better is maintained for all time
periods analyzed. Due to issues that had been raised relative to the visitor valet northeast driveway and its
proximity to SW lst Avenue, the Applicant has provided AM and PM peak hour unsignalized intersection
analyses for the intersection of SW Park Street and SW 1st Avenue, for the Year 2007 projected traffic
conditions with the impact of the project site. The results of the analyses are provided in Attachment IV.
• The turning movements uses in the intersection analyses are provided in Table 6C. A summary of the
resulting levels of service is provided in Table 7 found on page 19 of the revised Traffic Study. Level of
service A is maintained for all time periods analyzed.
Trip Distribution to Regional Roadways
5. The Applicant has expanded the study area in Tables 4A and 4B to include the regional roadway segments
on Stirling Road from 1-95 to US-1,and on US-1 from Griffin Road to Sheridan Street.
Please do not hesitate to call if you have any questions or concerns with the enclosed material. All traffic study concerns
have been addressed with this submittal. We look forward to your concurrence on this matter.
Sincerely,
Cathy Sweetapple&Associates
Transportation and Mobility Planning
Cathy Sweetapple,AICP
Principal Transportation Planner
cc: Israel Kushnir
101 North Gordon Road,Fort Lauderdale,Florida 33301
954-463-8878 office 954-525-4303 fax 954-649-8942 cell Email:csweet@bellsouth.net
r
Q
. City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
JT
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.: V�" 4-6-04-
❑ Special Request
❑ Trafficway Waiver
gVariance
n Vacation Request
❑ Other:
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.
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): 1-9 Block: 21 Subdivision: Town of Dania (B-49)
Recorded Plat Name: Tom of Dania
Folio Number(spO4234013080, 3090, 3100 Legal Description: o c 1-9,i nrl ugi vP, Block 21
and MU
Tgom , f Page 49, BCR
Applicant/Consultant/Legal Representative (circle one)I-KU&ha .Investments
Address of Applicant: 11MI N mean nrivc H0]1V ood, El 33019
Business Telephone: 954-92R-Rnq-1 Home: Fax: 954--922-6662
Name of Property Owner: I Annard Stnl ar :trustee
Address of Property Owner: -W 71,,t Street Suite S40 Miami, F1 3313
Business Telephone: 954-925-2455 Home: Fax:
Explanation of Request:
Q "
Prop. Net Acreage: _1.6. ac Gross Acreage: 1.97 arar. Prop. Square Footage:37,579 sf feetpr Rt
Existing Use: vacant Proposed Use: nultifaq4ly residential
Is property owned individually, by a corporation, or a joint venture? individual, ac trustee
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This `� day of 20
Si n
n Date: -7 (
T�raPl Kuchnir
Sign Name of Notary Public (Print Name)
State of(Fc.a 2 1 A A )
MARK PERLMAN
DA
COMMISSIO STATE DD161710
EXPIRES I11&200r
Print Name of NotWyXDT"RU i-9&NOTARY, Street Address, City, State and Zip.Code
Commission Expires: 954-923-8093 954-923-666A
Seal: Telephone No. &Fax No.
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 (Applicant/Consultant/Representative) T Kushni r Trnve-&-tmg-nts to
make and file the aforesaid application.
Sworn to and subscribed before me Owner: G/�J
This :�;P day of 200V
Signatur
Date: �A d__?
1 Pnnarrl I I Stol ar
Name of Notary Public (Print Name)
State of( DIANNED00LrrY
MY COMMISSION Y DO 091463
y
EXP'RES.march1/,2006 I00-71 St Suite San Miami,--F6 33�^�
tlf ..n TA A�ne�Nr ary Senates
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: _ -925-245S -
Seal: Telephone No. & Fax No.
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
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE,FLORIDA 33301
Ruden
POST OFFICE BOX 1900
cCl®Msky
FORT LAUDERDALE,FLORIDA 33302
(954)527.2476
FAX:(954)3334076
BONNIE.MISKEL®RUDEN COM
109 Park Condominiums
Height Variance
Kushnir Investments (the "Petitioner"), in conjunction with a proposed condominium
project within the Dania Beach Downtown Area Local Activity Center ("LAC") is requesting a
variance from Article 4 pertaining to building height.
The property is located at 109 SW Park Street, which comprises the northerly half of the
block (Block 21 of the Town of Modelo plat) between SW 3Ta Avenue and SW 1" Avenue (the
"Property"), across the street from City Hall. The general use and zoning pattern in the area can
be described as follows:
• 109 Park Condominiums C-3 vacant
North: OS City Hall and park
East: C-2 commercial
South: C-2 and C-3 residential
West: IR industrial
Article 4, District Regulations, Section 4.2, Application of Regulations, contains the
Schedule of Lot, Yard and Bulk Regulations. This schedule limits structures within the C-3
zoning district to three (3) stories or 40 feet in height, whichever is less.
The Petitioner is seeking a variance that would allow a proposed condominium consisting
of 112 residential units to exceed the aforementioned provisions. The Petitioner is proposing
seven residential floors, above a three-story parking garage, for a total of ten (10) stories or 100'
roofline. The proposed project is within the Downtown Redevelopment Area. The City's
Downtown Redevelopment Plan provides for a height of 5-8 stories for redevelopment projects
to provide intensities within the downtown area that will provide synergy between uses and
enhance economic viability of downtown businesses.
As discussed below, approval of the variance will adhere to the variance review criteria
set forth in Section 10.13 of the City of Dania Beach Code of Ordinances. The Petitioner will
demonstrate:
• 0 that there are unique and special circumstances or conditions applying to the
property in question, or to the intended use of the property, that do not apply
generally to other properties in the same district;
W PB:182006:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS• FT.LAUDERDALE •MIAMI • NAPLES •ORLANDO • PORT ST.LUCIE • SARASOTA • ST.PETERSBURG • TALLAHASSEE • TAMPA •WEST PALM BEACH
i
Page 2
® that the hardship is not self-created by any person having an interest in the
property or is the result of mere disregard for, or ignorance of, the provisions of
the Code;
® that strict application of the provisions of the Code would deprive the petitioner of
reasonable use of the property for which the variance is sought;
® that the variance proposed is the minimum variance which makes possible the
reasonable use of the property; and
o that the granting of the variance will be in harmony with the general intent and
purpose of the Code and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
(1) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district.
The proposed 109 Park Condominium project is located within the City's designated
LCA. 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. The
City's C-3 zoning district allows residential uses within the Downtown Redevelopment Area as
special exception uses.
The City's zoning district regulations were established prior to the establishment of the
LAC and Downtown Redevelopment Area. The provisions of the City's Redevelopment Plan
provide the framework for redevelopment projects, and these considerations contemplate
building heights that exceed the height standards in the zoning code.
The requested building height is not applicable to lands outside the Downtown
Redevelopment Area, and therefore is peculiar to the Property. The proposed 10-story height is
consistent with another proposed project in the downtown area, the Dania Beach Hotel.
Accordingly, a variance of 7 stories or 60 feet is requested for the Property.
(2) That the special conditions and circumstances do not result from the actions of the
applicant.
Conformance with the height provisions would limit the size of the condominium
building. The LAC was approved for high-rise units, which by definition (4 stories and greater)
exceed the height limitations specified in the zoning code. The C-3 district regulations were
adopted years before the LAC and Downtown Redevelopment Area were established, and these
. district regulations do not implement the stated policies for the area. The change in City policies
for uses and intensities within the downtown make approval of the variance appropriate. The
W PB:182006:2
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 3
City's Downtown Redevelopment Plan (p.38) calls for an overlay district to be created to allow
increases in building height. Since this overlay has not yet been adopted, a variance is necessary.
Further, the proposed 10-story building height is consistent with the direction received from the
City Commission at its February 17, 2004 workshop (minutes attached). It should be noted that
the proposed architecture of the building is consistent with the architectural guidelines for the
downtown area.
Conformance with the current zoning code provisions would also limit the number of
residential units that could be accommodated in the condominium building. The LAC is
approved for 2,465 units. In order to accommodate this number of units in a business core that is
only 157 acres in size, residential use must be afforded height considerations to accommodate
the units that have been assigned to support the downtown area.
(3) That granting the variance requested will not confer on the applicant any special
privilege that is denied by the chapter to other lands, buildings or structures in this same zoning
district.
Strict application of the three story height provision would limit the manner in which the
Property can be utilized for residential use. The district regulation may be appropriated for
commercial uses within the C-3 district, but consideration should be given due to the use
0 (residential) and the location (downtown redevelopment area). The City's Downtown
Redevelopment Plan suggests 5-8 stories are envisioned as typical heights within the downtown
area. The requested ten stories are proposed to accommodate the number of dwelling units
needed to undertake a viable residential project. The requested height is compatible with the
envisioned heights of redevelopment projects within the downtown area, and is consistent with
permissible heights for high density residential (RM2,RM3) projects elsewhere in the City.
The requested building height will accommodate 112 residential units in 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 economic support for the Redevelopment Area.
(4) That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning districts and would
work unnecessary and undue hardship on the applicant.
Strict interpretation of the C-3 regulations pertaining to height would limit the City's
ability to implement its redevelopment goals and revitalize the downtown area into a local
activity center. To accomplish its stated goals, intensity provisions must be accommodated. Due
to the limited size of the LAC, intensity for residential use must be accommodated through
building height.
WPB:182006:2
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
The Zoning Code's District Regulations do not include a set of standards for the
downtown area. Further, the standard C-3 height limitation does not reflect the stated policies
for the Downtown Redevelopment area; and if literally interpreted, will prevent the City from
implementing its redevelopment and local activity center objectives.
(5) The variance proposed is the minimum variance which makes possible the reasonable
use of the property.
The requested height variance is the minimum waiver necessary to .allow the desired
number of condominium units to be accommodated on the Property. The proposed residential
use is consistent with the mix of uses approved for the LAC and Downtown Redevelopment
Area. 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.
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. The landscape theme will utilize
• stately Royal Palms to compliment the height of the residential structure and bougainvilleas for
color and interest.
The requested variance (7 stories or 60 feet) will not be injurious to the surrounding
properties or public welfare. The proposed height is compatible with the building heights
envisioned for the downtown redevelopment area.
(6) The granting of the variance will be in harmony with the general intent and purpose
of the Code and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
A needed change in the form of revisions to the Zoning Code's height provisions make
approval of the variance appropriate. The Code's lack of provisions that implement the
objectives of the Downtown Redevelopment Plan present a hardship. If LAC or Downtown
performance standards were provided, the height limitation regulating development of the
Property would be much greater. The requested variance is in keeping with the spirit of the
height provisions for high density residential projects in RM districts, and is compatible with
envisioned heights in the LAC. The request is consistent with and furthers the Dania Beach
Comprehensive Plan, specifically FLUE Policy 10.1 which calls for innovative site design and
land planning.
Therefore, the requested Height Variance is consistent with the criteria contained
in Section 10.13.
W PB:182006:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS• FT.LAUDERDALE •MIAMI • NAPLES • ORLANDO• PORT ST.LUCIE• SARASOTA• ST.PETERSBURG • TALLAHASSEE •TAMPA•WEST PAL"BEACH
200 EAST BROWARD BOULEVARD
_ FORT LAUDERDALE,FLORIDA 33301
Ruden I POST OFFICE BOX 1900
FORT LAUDERDALE,FLORIDA 33302
dllmcclos
(954)527-2476
FAX:(954)333-4076
BONNIE.MISKEL@RUDEN.COM
109 Park Condominiums
Parking Variance
Kushnir Investments (the "Petitioner"), in conjunction with a proposed condominium
project within the Dania Beach Downtown Area Local Activity Center ("LAC") is requesting a
variance from Article 6 pertaining to minimum number of required parking spaces.
The property is located at 109 SW Park Street, which comprises the northerly half of the
block (Block 21 of the Town of Modelo plat) between SW 3'd Avenue and SW 1" Avenue (the
"Property"), across the street from City Hall. The general use and zoning pattern in the area can
be described as follows:
• 109 Park Condominiums C-3 vacant
North: OS City Hall and park
East: C-2 commercial
South: C-2 and C-3 residential
West: IR industrial
Article 6, Supplemental Use Regulations, the Schedule of Off-Street Parking
Requirements, contains minimum parking space requirements by land use type. This schedule
requires multi-family residential uses to be served with 2.2 parking spaces for two-bedroom
unit, and 1.7 parking spaces for one-bedroom units.
The Petitioner is seeking a variance that would allow a proposed condominium consisting
of 112 residential units with a parking reduction of five (5) spaces. The Petitioner had proposed
a condominium building consisting of seven residential floors, above a three-story parking
garage, in June. After review, staff requested that an additional five (5') of right-of-way be
dedicated for Park Street. The proposed structure has been shifted 5' to the south to
accommodate the dedication and maintain setbacks, but as a result of the modification, the
building has been reduced in size and five parking spaces were lost.
As discussed below, approval of the variance will adhere to the variance review criteria .
set forth in Section 10.13 of the City of Dania Beach Code of Ordinances. The Petitioner will
demonstrate:
that there are unique and special circumstances or conditions applying to the
property in question, or to the intended use of the property, that do not apply
generally to other properties in the same district;
WPB:188863:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS - FT.LAUDERDALE -MIAMI -NAPLES -ORLANDO- PORT ST.LUCIE -SARASOTA- ST.PETERSBURG -TALLAHASSEE- TAMPA -WEST PALM BEACH
i
Page 2
• that the hardship is not self-created by any person having an interest in the
property or is the result of mere disregard for, or ignorance of, the provisions of
the Code;
i that strict application of the provisions of the Code would deprive the petitioner of
reasonable use of the property for which the variance is sought;
• that the variance proposed is the minimum variance which makes possible the
reasonable use of the property; and
® that the granting of the variance will be in harmony with the general intent and
purpose of the Code and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
(1) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district.
The proposed 109 Park Condominium project is located along Park Street, immediately
south of City Hall. Staff had requested that an additional five feet of right-of-way be dedicated
along the Property's Park Street frontage. The structural shift and configuration modifications
that occurred to accommodate the right-of-way dedication have resulted in five parking spaces to
be lost. The Petitioner is requesting relief from the strict application of the parking requirements
in consideration of the right-of-way dedication.
Accordingly, a variance of 5 parking spaces is requested for the Property.
(2) That the special conditions and circumstances do not result from the actions of the
applicant.
The special circumstances necessitating the parking relief are a result of complying with
staff s request for right-of-way dedication. The preliminary project plans that were submitted to
the City in June meet parking space requirements. The proposed project conforms with
minimum size requirements for parking spaces, drive aisles, etc. Parking spaces are at least 9' x
18', if not wider. Due to the building configuration that resulted from the right-of-way
dedication, five parking spaces were lost. In order to provide the additional five parking spaces,
reductions in space size would be needed.
Staff instructed that 2 parking spaces for each two-bedroom unit and 1 space for each
one-bedroom unit be assigned to the respective unit. The condominium project includes 105 2-
bedroom units and 7 1-bedroom units. Assigned parking spaces comprise 217 of the 237 spaces
provided on the Property. Therefore, each proposed unit is served with assigned parking spaces.
There are also 20 unassigned parking spaces to serve guest and resident needs. Nine spaces are
• located in front of the structure, outside of the parking garage.
WPB:188863:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • FT.LAUDERDALE•MIAMI • NAPLES •ORLANDO• PORT ST.LUCIE •SARASOTA•ST.PETERSBURG •TALLAHASSEE • TAMPA •WEST PALM BEACH
: . Page 3
(3) That granting the variance requested will not confer on the applicant any special
privilege that is denied by the chapter to other lands, buildings or structures in this same zoning
district.
Strict application of the off-street parking requirements would necessitate either a
reduction in parking space size, which would necessitate a different variance request, or
elimination of residential units. The requested condominium building will accommodate 112
residential units in 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 economic support for the
Redevelopment Area. A parking waiver is requested in consideration of the right-of-way
dedication that has been accommodated.
(4) That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning districts and would
work unnecessary and undue hardship on the applicant.
Relief is appropriate for the Property from strict interpretation of the off-street parking
regulations in consideration of the right-of-way dedication that has been requested by staff. Due
to the limited width of the Property and C-3 setback requirements, the structure must be
proposed with the specified footprint. Within this footprint, in order for turning radii, drive aisle
width and minimum parking space dimensions to be provided, 228 total parking spaces can be
accommodated. A total of 237 spaces are provided on the Property, which is comprised of 217
assigned spaces and twenty visitor or overflow spaces. Therefore, the proposed residential units
are adequately served with parking, and the five spaces for which a waiver is requested are
surplus or unassigned additional spaces.
It should also be noted that the Zoning Code's Off-Street Parking Regulations do not
include a set of standards for the downtown area. Many downtown and redevelopment area
regulations contain reduced parking requirements to encourage infill,redevelopment and reuse of
otherwise underutilized areas.
(S) The variance proposed is the minimum variance which makes possible the reasonable
use of the property.
The requested parking variance is the minimum waiver necessary to allow the desired
number of condominium units to be accommodated on the Property. The proposed residential
use is consistent with the mix of uses approved for the LAC and Downtown Redevelopment
Area. The proposed residential project fulfills the objectives of the Downtown LAC, and
WPB:188863:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS• FT.LAUDERDALE •MIAMI • NAPLES •ORLANDO• PORT ST.LUCIE • SARASOTA• ST.PETERSBURG • TALLAHASSEE•TAMPA •WEST PALM BEACH
Page 4
implements the City's vision for a mixed-use, sustainable Downtown area. The relief requested
for five parking spaces is necessary due to building modifications that were required to
accommodate dedication of right-of-way for Park Street expansion.
The requested variance will not be injurious to the surrounding properties or public
welfare. The proposed condominium project will be served with sufficient assigned parking
spaces to serve the proposed residential units.
(6) The granting of the variance will be in harmony with the general intent and purpose
of the Code and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff instructed that 2 parking spaces for each two-bedroom unit and 1 space for each
one-bedroom unit be assigned to the respective unit. The condominium project includes 105 2-
bedroom units and 7 1-bedroom units. Assigned parking spaces comprise 217 of the 237 spaces
provided on the Property. Therefore, each proposed unit is served with assigned parking spaces.
There are also 20 unassigned parking spaces to serve guest and resident needs. Nine spaces are
located in front of the structure, outside of the parking garage. Therefore, the proposed
residential units are adequately served with parking, and the five spaces for which a waiver is
requested are surplus or unassigned additional spaces.
It should also be noted that the Zoning Code's Off-Street Parking Regulations do not
include a set of standards for the downtown area. Many downtown and redevelopment area
regulations contain reduced parking requirements to encourage infill, redevelopment and reuse of
otherwise underutilized areas.
Therefore, the requested Parking Variance is consistent with the criteria contained
in Section 10.13.
•
WPB:188863:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS• FT.LAUDERDALE •MIAMI •NAPLES .ORLANDO•PORT ST.LUCIE . SARASOTA•ST.PETERSBURG . TALLAHASSEE •TAMPA •WEST PALM BEACH
f LAW OFFICES
MARK PERLMAN, P.A.
1820 EAST HALLANDALE BEACH BOULEVARD
HALLANDALE BEACH,FLORMA 33009
MARK PERLMAN' TELEPHONE (954) 456-1333
-ALSO ADMITTED IN NEW YORK MIAMI (305)944-9252
STEPHANE R. DUPONT FACSIMILE (954) 454-5081
October 12, 2004
City of Dania Beach
Community Development,Planning Div.
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Attn.: Corrine Chumb
RE: I KUSHNIR INIVES TINI NTS (109 PARK COND(:)OINIUMS) SPECIAL
EXCEPTION APPLICATIC)N NO.: S'E-36-04
OUR FILE NO.: 04-0029
Dear Ms. ChLITC11:
Please be advised that I ant the attoniev for I. and here,.,vith c:.press 1)1:�opi'11011
of Title.
OPINION OF TITLIF.
I have exanJi-Icd r1e ch;lin of title 1- oln the rec(-dis ofAttorney's Title Insurance Fund, Inc., or, the
following described propel-ty:
LOTS 1-9, BLOCK 21. TOWN OF itiIGDELO ( NOW DANIA) ACCORDING TO
THE PLAT TI E:REOF, P.FC'ORDED IN PLAT BOO>`, "B". PAGE 49, OF THE
PUBLIC EtECORDS OF DADE' CGU-i'�TY FLORIDA, TOGETHER Vt'ITI1 ALL
IMPROVEMENTS THEREON, SAID, LANDS SITUATE, LYING ,%ND BEING IN
BROWA P.D COUN,71,. FLORIDA.
Based upon Ill`✓ ex"11111.riation Of till ;01'ello1nkLT "ecords_ 1n 11"11" til)1P,1011 a U00d and n1a;ketab1e fee
• simple title to i;? Leonard .1. St(dLlr as 1 ustcc%
SOUTH FLORIDA LAW • Internet:www.SoFlaLaw.com • MPerlman@belisouth.net
r
• City of Dania Beach
Community Dev./Planning
Page two (2)
October 12, 2004
File No.: 04-0029
As the Attorney for the Developer, I will be preparing the Declaration of Condominium and will
insert the following language in the Declaration:
"This serves as notice of potential aircraft overflight and noise impacts on this
property, due to its close proximity of a County-owned airport, which is being
disclosed to all prospective purchasers considering the use of this property for
residential purposes. The south runway is being considered for expansion which may
result in additional impacts. Further information regarding the current and potential
impact of airport operations on the subject property may be obtained from the
Broward County Aviation Department, Planning & Development Division."
If I can provide further information please feel free to contact me at your convenience.
Very truly yours
Mark Perlman, Esct
cc: Bonnie L. Nliskel Esq.
Ruden & WClosky
J:\N, F.TW >R-1\NFI Wo)i V.'_`,RI ,11.1 1!)1 r.l l FRS'J):WIA if
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
40
109 Park Condo
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•
109 Park Condo
SUN - SENTINEL
PUBLISHED DAILY BOTICS OF
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA PUBLIC HEARING
NOTICE IS HEREBY CIV-
BOCA RATON, PALM BEACH COUNTY, FLORIDA EN that a public hearing
MIAMI, MIAMI DADE COUNTY,FLORIDA city be heldthe
Wednesday. February 9,
2005. at 7:00 p.m,, or as
soon thereafter as possi-
STATE OF FLORIDA Cie, in the Dania Beach
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE city Commission Cham-
bers,Dania Beach Admin-
west
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Danialve Beachter Blvd�Dania
Beach, Florida 33004, for
1 the purpose of hearing
WHO, ON OATH, SAYS THAT any comments which
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED might be made to the tot-
lowmg request: -
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Request b Bonnie Mis-
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE nard sstoaron�Trustee�,Lfoi
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 a
10 story multifamily build-
ng;Article 4 District Reg-
of Lot
IN THE MATTER OF: Yard a d Bu kadule Regulations
of the City of Dania Beach
Zoni CodeVA-46-04SE-04 maximum building hie ght
of 3 story/40 feet.
SE-36-04 - To assign
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE 112 Local Activity center
ISSUES OF: (LAC) residential dwelling
units on commercially
zoned(C-3)property.
1/28, 12251980 described
property is legally
scribed as-Lots 1,2,3,
4, 5,'6,7, 8,,and 9,block
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
• County Florida.
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Copiessoffthe proposed
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE request are available for
viewing in the Community
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, Development Depart-
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF Depart-
me , Blvd.,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 Monday.- and yDp ease
for
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION,OR REFUND, FOR THE call t info 9ation. 5 er-
more information. Inter-
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID ested parties may appear
at the public hearing and
NEWSP PER. be heard with respect to
i the proposed petition.
In accordance with the
AM Americans With Disabili-
(SIGN T RE F AFFIANT) ties Act,persons needing
assistance to participate
in any of these proceed-
SWORN TO AND SUBSCRIBED BEFORE ME proceed-
ings should contact
Louise Stilson,City Clerk,
ON: 28-January-2005 , A.D. 100 W. Dania Beach Blvd,
/ Dania Beach, FL 33004,
(954)924-3622,at least 48
hours prior to.meetin$-
1 Any person who de-
cides to appeal any decl-
(SIGNATURE OF NOTARY PUBLIC),- sion made by the city
Commission with regard
to any matter considered
at this meeting or hearing
^;`:'s;'•• Tarp L nazOk will need a record of the
',ION* pDC24939 EXPIRES proceedings and for such
J�fy 1� 2�05 purpose may need to an-
eo,voFc eu r,cov�a,H,tig,;paHrF.ivy. sure that a verbatim
record of the proceedings
is made, which In-
(NAME OF NOTARY,TYPED, PRINTED, OR TAMPED) cl des the testimonyy and
evidence upon which the
PERSONALLY KNOWN OR LOU AnnsCunn ngham
Planning Associate
PRODUOND 101 ANTIFIOATION January 20.200E
•
lui j la: _ y5a- 54-11_t3 BERI-IM"N RFALT'Y GPOUF PAGE 14
I., ER: RY & CALVIN t ��
I LANDSURVEYDAR 971119" SUi-.4EY FOR;
CIVIL ENatNEERS 021.7791
DESCRIPTION: Lot 16, Block 21, "TOWN OF MODELO", as recorded in Plat
Book B, page 49, of the public records of Dade County, Florida.
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• :ALE 1"=cb' TO ALL PARTIES INTERESTED IN TITLE TO PREMISES SURVEYED:
LAWN 8Y: Q CHECKED BY:
AEVIS DATE 15.C.
1,STEPHEN H.UISBS,hereby certify that I have mods a recent survey of the above described
— property as Indicated, and that there are no visible above ground encroachments except as
shown, I further ocrilty that the survey ropresented horeon moats the rnlnimum technical alan-
dards of the Florida Board of Land Surveyors pursuant to section 472.027,Florida Stetutel,to the
best of my knowlodoe and bellsl,
Dated at Hollywood,Broward County,
Florida,this qrM day of fj�JJ� A,D.tgd`),
vahons shown sle based on National
l0i 29/1998 14:32 954-894-1130 BER4<h1AN PEALT`i GPOI IP PAGE 13
ram; tCFRY & CALVIN
LnrudSIIRVEYORa 1a6sa SI�F�VEY FOR: BOB G/ZA�dA
CIVIL EAGINEER9 921.7751
�rA MNr IM•.,9r1 r r.O�N�'WO..�HN�YYY
r,r„p"lrl AIM,INr�MHr M�Ir 11iM1 MIIM,
• DESCRIPTION: Lot 15, Block 21, "TOWN OF MODELO", as recorded in Plat
Book R, page 49, of the public records of Dade County, Florida.
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SCALE:11-w 00' TO ALL PARTIES INTERESTED IN TITLE TO PREMIBEB BUFIVEYED:
DRAWN MXM I CHECKED BY:
REVISION DATE BY i.BTEPHEN H.QI813S,hereby certlly that t have made s rsxent survey of the abovo de
property its Indicated, and that there are no visible above ground encroachments OX4
shown. I turthar cartlfy that,the surrey rspreeented hereon meals the minimum technic
dards of the Florida Board of Land Surveyors pursuant to section 471027,Florida SIMutei
beet of my knowledge and belief.
-- Dated at Ho1�1^"ood,Broward County,
Florida,this 71w# dsy of Tµ/y, A.D..1987.. .
10/29;1558 14:32 957-894-1130 BERKMAN REALTY GROUP PAGE 12
�.,,CERR'Y & CAL7il
f CIVILINOINFELAND S Y23RVEY FOR: �Q� ��ZA�/1 CIVIL ENOINEERb 921 �
`fib w,b
® DESCRIPTION: Lot 14, Block 21, "TOWN OF MODFLO", as recorded i
Book B, page 49, of the public records of Dade County, Florida. n Plat
fAla
10
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A/A.drHENrS
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n 4p04
• 'LF-V TO ALL PARTIES INTERESTED IN TITLE TO PREMIeES SURVEYED.
AWN BY:.t CHECKED BY: B,
REVIBION DATE BY i,STEPHEN H.GIBBS,hereby certify that I have made a recent survey of the above described
property as Indlosted, and that there Ara no visible above ground oncroaChmmU axcapt ea shown. I further oerllty that the survey represented hereon meets the Minimum technical atan-
dards of the Florida Board of lard Surveyors pumuanl to section 472.027.Florida Stetules,to the
beat of my knowledge and belief.
Dated at hollywood,Broward County,
Florida.this e'rru
iuirJ;l'J'Ja 14:32 554-894-113t1 BEP1,J1AN PEATY GPOUP PAI3E 11
BERRY & CALVINrir�IM
LANosuRvtroRa ez:;,mm SUM'VEY FOR: A99
CIVIL ENGINEERS 921.7781
1� �.r r.0 rnw•rrwl.ru•weea,psaewawN
�......
I%P
DESCRIPTION: Lot 13, Block 21, "TOWN OF MODELO", as recorded in Plat
Book B, page 49, of the public records of Dade County, Florida.
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• KALE:t"■ Ao' TO ALL PARTIES INTERESTED IN TITLE TO PREMISES SURVJYEV
)RAWN B • CHECKED BY:5,6,
REVISION DATE BY 1,STEPHEN H.GIBBS,hereby certlty that I have made a recent survey of the above described
property as Indicated, and that there are no vialble above ground encroachments except as
shown. I further certify that the surrey represented hereon meats the minimum technical o10n
dards of the Florida Board of lend Surveyors pursuant to section 472.027,Florida Statutea,to the
beat of my knowledge and belief,
Datad at Hollywood,Broward County,
Florida thla 7M day of ,Tull, A.D.1987
Ievatinns ahnwn am hasad nn W.16-1