HomeMy WebLinkAboutR-2005-101 109 Park Condos (Site Plan) RESOLUTION NO. 2005-101
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY BONNIE MISKEL,ESQ., WITH
THE LAW FIRM OF RUDEN,MCCLOSKY, SMITH, SCHUSTER&RUSSELL,
P.A. AND ISRAEL KUS1 NIR OF I. KUSHNIR INVESTMENTS, ON BEHALF
OF PROPERTY OWNER LEONARD STOLAR, TRUSTEE, FOR PROPERTY
GENERALLY LOCATED AT 109 SW PARK STREET, DANIA BEACH;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of
Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building
permit; and
WHEREAS,Bonnie Miskel,Esq.,with the law firm of Ruden,McClosky, Smith, Schuster
&Russell, P.A. and Israel Kushnir of I. Kushnir Investments has applied for site plan approval for
the proposed construction of a 10 story, 112 residential unit condominium building/parking structure,
for property generally located at 109 SW Park Street, Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 18, 2005, recommended that the City
Commission grant the site plan request(SP-16-05),based upon the criteria set forth in Section 8.4 of
Article 1 of Chapter 8 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 (SP-16-05) for site plan approval, a copy of
which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the
following conditions:
I. Applicant(or his attorney)sign and acknowledge agreement with these conditions,subject to
any modifications by the City Commission.
2. 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 and recorded prior to issuance of any building, paving,
water, or sewer permits.
3. Applicant to prepare and file condominium documents disclosing the following(i)short and
long term south runway expansion plan and potential impacts, (ii)development potential of
adjacent property to the south based on the CRA Plan and Local Activity Center Land Use
Designation, and (iii)rental restrictions (condominium rental shall be limited to one tenant
per year regardless of duration or lease). Condominium document language to be approved
by City Attorney and filed with State prior to issuance of any building, paving, water, or
sewer permits.
4. Proof of payment of the Local Activity Center School Impact Fees to Broward County must
be provided prior to submission of building permits.
5. 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 pursuant to
Section 19-71, 19-72, and 19-73 of the City Code.
6. Staff reserves the right to require additional revisions pending submission of a complete site
plan, including but not limited to the following (Community Development):
(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) Prior to issuance of any development permits, applicant to provide additional
right-of-way as per the approved site plan and engineering specifications.
(C) Prior to issuance of any development permits,applicant to provide five(5)feet of
right-of-way adjacent to SW 3rd Avenue to allow for future roadway expansion.
(D) Prior to issuance of any development permits, applicant to submit construction
plans showing improvements to Park Street, SW 1 st Avenue,and SW 3`d Avenue.
(E) Proposed double check valve detector shall be located outside the building's
"collapse zone" (Public Services).
7. Prior to submission of building permit drawings, applicant to submit a $15,000.00 civil
engineering cost recovery fee for city engineering plan review and inspection services.
Unused funds to be returned to the applicant at time of final certificate of occupancy.
2 RESOLUTION #2005-101
It is further noted that the original Site Plan is maintained in the office of the Community
Development Department of the City of Dania Beach.
Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 of Chapter
8 of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically
expire and become null and void unless building permits are obtained on or before 18 months from
the date of this Resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon passage
and adoption.
PASSED AND ADOPTED on June 28, 2005.
ANNE CASTRO
MAYOR—COMMISSIONER
AT EST: ROLL CALL:
COMMISSIONER ANTON -YES
COMMISSIONER BERTINO -YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO ORM AND CORRECTNESS
BY: ( I
N\
THOMAA J. R
CITY ATT RNEY
•
3 RESOLUTION#2005-101
- AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JUNE 28, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—SITE PLAN REQUEST SP-16-05
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Site plan approval request by Bonnie Miskel, Esq. on behalf of Israel Kushnir for a 10 story, 112
residential unit condominium building/parking structure, located at 109 SW Park Street(vacant
parcel south of Dania Beach City Hall).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Waterline Improvement letter from Applicant
Comment Sheets
Application
Location Map
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: June 16, 2005
Community Development Department
City Manager Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
. STAFF REPORT
DATE: June 28, 2005
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director -
Corinne Church, AICP, Principal Planner o42
SUBJECT: SP-16-05: Site plan approval for a 10 story, 112
residential unit condominium building/parking
structure.
LOCATION: 109 SW Park Street (vacant parcel south of City Hall).
APPLICANT Bonnie Miskel, Esq. on behalf of Israel Kushnir.
On February 9, 2005 the City Commission conditionally approved a
variance to allow a 10 story building in a C-3 zoning district and a
Special Exception to assign 112 residential Local Activity Center units.
The applicant proposes a 10-story building consisting of a seven floor
apartment building on top of a three floor parking garage. 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). 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
Proposed building setbacks (see next page) are consistent with City
Commission Special Exception and Variance approvals (The two foot SW
3rd Avenue parking garage setback reduction is due to a change in
street width, not building location). The city landscape consultant
indicates the plan meets landscape requirements.
•
PROPOSED BUILDING SETBACKS
BACK FROM PARKING APARTMENT
GARAGE TOWER FLOORS
FLOORS 1 — 3 4 — 1®
Park Road 11 feet 22 feet
Setback
Future Lot Line
SW 1st Avenue 25 feet 92 feet
South Lot Line 23 feet 33 feet from
buildin .
SW 3r Avenue 18 feet 26 feet
Future Lot Line
Building Appearance: Building size and height are consistent with City
Commission Special Exception and Variance approvals. The Park Road
building facade is 400 feet long at ground level; 300 feet long above the
third floor. To reduce the scale and mass of the Park Road building
elevation facing City Hall, the applicant modified the parking garage
facade to create a more pedestrian-like look.
Fire Protection: One of the first issues brought to the applicant's
attention was the lack of sufficient water pressure to service an
occupied 10 story building at this location. The former Fire Marshall
advised the applicant that fire flow will only be met if the new water
lines, proposed for completion in 2007, are installed as discussed in
Frederick Bloetscher's letter dated April 2, 2005. Based on calculations
provided by applicant's engineer, the current water supply is 1,100
GPM; 1,750 GPM will be required to allow introduction of combustible
materials or grant a certificate of occupancy.
The former Fire Marshall expressed concerned that the project will be
completed before the necessary water system improvements. The Fire
Marshall indicates that he cannot approve a certificate of occupancy
until the necessary water pressure is available. Applicant's attorney has
submitted a letter (see attached) relating to this issue. City Engineering
Consultant Fred Bloetscher has reviewed the letter and indicated
preliminary approval based on information available at this time.
PLANNING AND ZONING BOARD
On May 18, 2005 the Planning and Zoning Board recommended
approval of the proposed site plan with conditions.
STAFF RECOMMENDATION
Approval, subject to City Commission architectural approval, and the
attached conditions (Exhibit A).
EXHIBIT A - 109 PARK SITE PLAN REVIEW (6-28-05)
• 1. Applicant (or his attorney) sign and acknowledge agreement with these
conditions, subject to any modifications by the City Commission.
2. 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 and
recorded prior to issuance of any building, paving, water, or sewer permits.
3. Applicant to prepare and file condominium documents disclosing the following
(i) short and long term south runway expansion plan and potential impacts, (ii)
development potential of adjacent property to the south based on the CRA Plan
and Local Activity Center Land Use Designation, and (iii) rental restrictions
(condominium rental shall be limited to one tenant per year regardless of
duration or lease. Condominium document language to be approved by City
Attorney and filed with State prior to issuance of any building, paving, water,
or sewer permits.
4. Proof of payment of the Local Activity Center School Impact Fees to Broward
County must be provided prior to submission of building permits.
5. 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 pursuant to Section 19-71, 19-72, and 19-73 of the City Code.
6. Staff reserves the right to require additional revisions pending submission of a
• complete site plan, including but not limited to the following (Community
Development):
(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) Prior to issuance of any development permits, applicant to provide
additional right-of-way as per the approved site plan and
engineering specifications.
(C) Prior to issuance of any development permits, applicant to provide
five (5) feet of right-of-way adjacent to SW 3Id Avenue to allow for
future roadway expansion.
(D) Prior to issuance of any development permits, applicant to submit
construction plans showing improvements to Park Street, SW 1st
Avenue, and SW 3Id Avenue.
(E) Proposed double check valve detector valve shall be located outside
the building's "collapse zone" (Public Services).
7. Prior to submission of building permit drawings, applicant to submit a
• $15,000.00 civil engineering cost recovery fee for city engineering plan review
and inspection services. Unused funds to be returned to the applicant at time
of final certificate of occupancy.
FROM FAX NO. Mar. 13 2005 01:47HM P1
200 EAST BROWARD BOULEVARD
Ruden
FORT LAUDERDALE,FLORIDA 33301
gllMcClosky
1P
POST OFFICE BOX 18U0
FORT LAUDERDALE,FLORIDA 33302
(954)527.2476
FAX:(954)333-4076
RQ iE.M 1t ,RUOEN�COM
June 3,2005
VIA E-MAIL
AND U.S.MAIL
Mr. Laurence Leeds
Community Development Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania,FL 33004
Re: Development of the 109 Park Project Concurrent with the Expansion of
Waterline Improvements in the City of Dania Beach
Dear Larry:
As we discussed on April 7, 2005, this letter will summarize my understanding of the
status of the waterline expansion and how that expansion will affect my client's proposed
development. Based on our meeting, I believe that we are in agreement that development of the
project may commence without the construction of the waterline expansion and may continue
through and until the developer intends to bring combustible materials into the structure.
Specifically,Fire Chief Tarmey referred to materials such as carpeting and woodwork, including
cabinetry as combustible materials. The combustibles did not include material such as drywall.
This understanding is supported by fire flow tests completed by the City of Dania Beach Fire
Department (prepared under the guidelines of the National Fire Protection Association (NEPA))
which indicated that the present water supply is adequate for construction to begin. We agree that
that Certificates of Occupancy will be withheld until the existing water lines are expanded and
adequate supply and water pressure exists to meet the fZre demand .for this project without
degrading down line properties.
We also mutually understood that the City would be applying for financing from the State
(State Revolving Funds) in order to construct expanded water lines, however, the City does not
anticipate such application to be reviewed by the appropriate State committee until April 2006.
My client understands and again acknowledges that the City is ;making no guarantees that
funding would be provided to them or become available by April 2006. In the event the funding
• is not available to the City and the City in turn does not commence expansion of their water line
FTL:1453838:1
RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
rARACAS■FT.LAUDERDALE.MIAM!■NAPLES■PORT ST.LL;CIE■SARASOTA 0 ST_PETER58URG•TALLAHASSEE•TWPA n WEST PALM BEACH
FROM FAX NO. Mar. 13 2005 01:48AM P2
• Mr. Laurence Leeds
June 3,2005
Page
system after that date,my client would be required to potentially fund such expansion on his own
or identify, with or without the City's assistance, alternative funding sources. In the event that
my client is required to install water infrastructure beyond that which would be required solely
for his project, we may request reimbursement for that portion of the costs that exceeds my
client's fair share of the cost of the improvements. My client may also elect to explore with the
City alternative funding sources, however, the City would make no guarantees that any such
sources would be available. As my client does not anticipate certificates of occupancy until early
2007,my client believes that there is adequate time to explore other alternatives and potentially
construct or expand the City's line in time for certificates of occupancy to be issued in early
2007.
If my understanding is incorrect,please contact me immediately so that we may discuss it
further and l wiIl be happy to make the necessary modifications to this letter.
Thank you for your attention.
Sincerely,
I�A
Bonnie L.Miskel
- BLM:aIa
cc: Joe Abruzzino(via e-mail)
Israel Kushnir(via fax)
Torn Ansbro (via e-mail)
Chief Ed Tarmey(via e-mail)
FTL:1453638:1 _,
CITY OF DANIA BEACH
• Canu= COMMUNITY DEVELOPMENT DEPARTMENT
J� ROUTING FORM
PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY
No 11` PZ Log
- ---—
Route Date 4/2112005
Folio 5042-34-01-3080
THRU 3110 '
Project 109 PARK CONDOMINIUM
Route Via: Mail PickUp In-house
PLEASEEREVIEW 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 COMENTS ON THE
:_.. I H
ATTACHED REPORTING SHEETTANK YOU............ ... . _ . �.. . :',. . . _ ,,. ,
Fire Marshall -I Planner
Public Services Landscape
— e
P
Approved as submitted Denied
Comments addressed and resubmitted prior Approved w/conditions
to PZ/City Commission
LlstConditions
i
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I
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i
Signature
Print Name
• Date _
i
® z Calvin, Giordano & Associates, Inc.
E Engineers • Surveyors ® Planners
• s
May 12, 2005
Public Services Department
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RP: Site Plan Review— 109 Park Condo, VA-46-04 (Rev 4)
CGA Project No. 97-1826.15
Comments are noted below for the above noted site plan:
Review date— 5112105
Plans route date-4/21/05
Previous comments were substantially addressed by the applicant. We do have two
other minor comments that may be addressed during engineering permitting:
On Sheet C 1 of C2
It is recommended that the proposed double check valve detector valve be located
outside the building's "collapse zone".
On Sheet A2
A separate parking and signage plan shall be prepared for the whole area (building
and site) and shall be included under the civil engineering plans. Please note that
striping shall be 6"minimum
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
Reply to:
X1800 Ellvt Drive,Suite 600 CALVIN, GIOR NO & ASSOCIATES, fNC.
Fort Lauderdale,FL 33316
Phone:954.921.7751
Fax:954.921.8807 Karl Kennedy. P. .
SliO Village Blvd.,Snitr.34U Associate
Nest Palm Beach,FL 3340`.t
Phone:561.684.6161
Fax:561.GS4.6360
0"u.calvin-gim dal o.ogill
CITY OF DANIA BEACH
�a= COMMUNITY DEVELOPMENT DEPARTMENT
' ROUTING FORM
PLEASE,hEV1EW SITE PLAN AND RETURN WITH COMMENTS iF,411fY
No 11 PZ Log :SP-16-05 - -----
Route Date 4/21/2005 Folio 5042-34-01-3080
---- — THRU 3110
Project i109 PARK CONDOMINIUM
I
Route Via: Mail PickUp In-house Ji
PLEASE".. _
REVIEW,THE�ABOVE REFERENCED PROJECT.FOR COMMENTS TO BE INCORPORATED IN
THE COMMUNITYDEVELOPMENT DIRECTOR'S,STAFF RECOMMENDATION TOTHE PLANNING AND.
ZONING BOARD,AND CITY COMMISSION:PLEASE LOG YOUR TIME SPENTAND COMENTS ONJ HE,
ATTACHED REPORTING SHEET THANK YOU., '
C; Fire Marshal Planner
Public Services El Landscape
Approved as submitted Denied
Comments addressed and resubmitted prior Approved w/conditions
to PZ/City Commission
ListConditions
'�(ASQ SCc Ai7'f+G41,v►tt�.i �ey.4�� "'� -f1lC w�7'Lr �urPt� I
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Signature
Print Name
• Date
-- City of Dania Beach Fire Rescue
• Bureau of Fire Prevention
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Office: (954)924-3656 Fax: (954)924-3733
May 11 th, 2005
Site Plan Review
109 park Condominium
PZ Log: SP-16-05
Review by: Edward Tarmey
Fire Marshal
The Fire Flow for this occupancy will only be met if the new water lines, proposed for completion
in 2007, are installed as discussed in Frederick Bloetscher's letter dated April 2"d, 2005. The
current water supply is 1,100 gpm at 20 psi and falls 650 gpm short of the 1,750 gpm fire flow
requirement demonstrated by Aces Engineering's Fire Flow Calculation Report.
There currently is not enough water supply for this development and there is no guarantee that
the proposed improvements will be timely or in place. The NFPA 241 Standard for Safeguarding
Construction, Alteration, and Demolition requires underground water mains and hydrants to be
installed, completed, and in service prior to construction work but does not address construction
where there is already an existing supply. This given, the risk of allowing construction of this
project, pending future water supply improvements, may result in the project arriving at
completion without having the necessary Fire Flow available.
This development is a condominium that may very well be sold out in advance of construction, if
the required water supply is not provided to the structure the resident owners cannot take
possession and no Certificate of Occupancy will be approved by this office.
•
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
- ROUTING SHEET
PLEASE REVIEW SITE PLAN AND RETURN WITH COMMEN TS IFANY ,,.
Route Date: Wal/'Oy PZ Log: 5 P—05 7
Project: 109 Park Condo Folio:
Route Via: Mail :_ Pickup: vl In-house.
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: !i Planner:
• _-! Public Service: ICI Landscape Consultant
� Approved as submitted: Denied:
Comments must be addressed and ;-I Approved with conditions:
resubmitted prior to City Commission
List conditions:
i
i I
Signature
Print Name
Date
CITY OF DANIA BEACH
k a COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING FORM
PLEASE REWEN SITE PLAN AND RETURN WITH COMMENTS /F AN:
No 11 J PZ Log SP-16-05
Route Date _ 4/21120051 Folio •5042-34-01-3080
iTHRU 3110
Project 109 PARK CONDOMINIUM
II
Route Via: Mail 71 PickUp -I In-house �j
PLEASE REVIEW JHE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED;.I
THE COMMUNITY DEVELOPMENT',DIRECTOR'S STAFF RECOMMENDATION,TO;THE PLANNING-AND
ZONING BOARD AND CITY COMMISSION.PLEA
SE.LOG YOUR TIME SPENT AND COMENTS'.ON',THE;;
ATTACHED REPORTING SHEET.THANK YOU
J" Fire Marshall Planner
^i Public Services _i Landscape
- Approved as submitted Denied
{ Comments addressed and resubmitted prior Approved w/conditions
to PZ/City Commission
ListConditions
Signature
Print Name
Date
CITY OF DANIA REACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: May 18, 2005
TO: Planning and Zoning Board
FROM: Laurence Leeds, AICP, Director C. G
Corinne Church, AICP, Principal Plannera1e_
SUBJECT: SP-16-05: Site plan approval for a 10 story, 112
residential unit condominium building/parking structure
LOCATION: 109 SW Park Street (vacant parcel south of City Hall).
APPLICANT Ronnie Miskel, Esq. on behalf of Israel Kushnir
On February 9, 2005 the City Commission conditionally approved a
variance to allow a 10 story building 100 feet high in a C-3 zoning district
and a Special Exception to assign 112 residential Local Activity Center
units.
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). 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 building setbacks are generally consistent with both the CRA Plan
and the Draft Downtown Design Guide Book. In addition, staff has
requested the applicant dedicate sufficient right-of-way along Park Road
to increase the roadway pavement width from 18 to 24 feet. The city
landscape inspector indicates the plan meets landscape requirements.
PROPOSED BUILDING SETBACKS
SETBACK FROM PARKING APARTMENT
GARAGE TOWER FLOORS
FLOORS 1 — 3 4 — 1®
Park Road 11 feet 17 feet
Setback
SW 1st Avenue 25 feet 92 feet
South Lot Line 18 feet 29 feet from
balcony; 33 feet
from building.
SW 3r Avenue 18 feet 26 feet
Fire Protection: One of the first issues brought to the applicant's
attention was the lack of sufficient water pressure to service an occupied
10 story building at this location. The Fire Marshall has advised the
applicant that fire flow will only be met if the new water lines, proposed
for completion in 2007, are installed as discussed in Frederick
Bloetscher's letter dated April 2, 2005. The current water supply is
1,100 GPM at 20 PSI. This falls 650 GPM short of the 1,750 GPM fire
flow requirement suggested by the applicant's engineer.
The Fire Marshall is concerned that the project will be completed before
the necessary water system improvements. The Fire Marshall indicates
that he will not approve a certificate of occupancy until the requisite
water pressure is available.
Staff is requesting a memo from Frederick Bloetscher, P.E., Consultant
Engineer, as to the time line for completion of the water service
improvements necessary to service this building.
Staff is also requesting an opinion from the City Attorney as to the
applicant's rights to demand a certificate of occupancy in the event the
water improvements are not completed at the same time. These
concerns are addressed in Condition 7 below.
Architecture: The parking structure elevations have been modified
since the height variance and special exception was approved.
Approval at the discretion of the City Commission.
STAFF RECOMMENDATION
The site plan submitted April 21, 2005 was reviewed by various City
departments. The following comments were made:
1. Applicant (or his attorney) sign and acknowledge agreement with
these conditions, subject to any modifications by the City
Commission.
2. 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 and recorded prior to issuance of any building,
paving, water, or sewer permits (Community Development).
3. 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 (Community
Development).
4. Proof of payment of the Local Activity Center School Impact Fees to
Broward County must be provided prior to issuance of a building
permit (Community Development).
5. 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
(Community Development).
6. Proposed double check valve detector valve shall be located
outside the building's "collapse zone" (Public Services).
7. Prior to issuance of any development permits, applicant to enter
into an agreement or letter of understanding, approved by the City
Attorney, whereby the applicant agrees to provide necessary water
and sewer improvements (including off-site improvements)
sufficient to meet the demands of the proposed use (City
is Attorney/Public Services/City Engineering Consultant).
8. Staff reserves the right to require additional revisions pending
submission of a complete site plan, including but not limited to the
following (Community Development):
(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) Prior to issuance of any development permits, applicant to
provide additional right-of-way as per the approved site
plan and engineering specifications.
(C) Prior to issuance of any development permits, applicant to
provide five (5) feet of right-of-way adjacent to SW 3rd
Avenue to allow for future roadway expansion.
(D) Prior to issuance of any development permits, applicant to
submit construction plans showing improvements to Park
Street, SW 1st Avenue, and SW 3r Avenue.
I agree to comply with conditions 1 - 8 as listed above relative to SP-16-
05. I further agree and understand that the above conditions shall apply
to any person or business entity that may develop this property.
(signature)
(print name)
(date)
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE.FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE,FLORIDA 33302
(954)527-2476
FAX:(954)333-4076
BONNIE.MISKEL@RUDEN.COM
Rm e
Alf- McClosky
APR 2 1 2005
109 Park Condominiums
Site Plan
RM Works, Inc., in conjunction with I. Kushnir Investments (the "Petitioner"), is
submitting for review the site plan and architectural exhibits for final review and
approval. The enclosed plans are consistent with the conceptual plans presented to the
City Commission during consideration of LAC unit allocation and height variance
approvals.
The proposed condominium project is located within the Dania Beach Downtown
Area Local Activity Center("LAC"). 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 3rd Avenue and SW I"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: IDS City flail and park
Fast: C-2 commercial
South: C-2 and C-3 residential
West: 1R industrial
The Petitioner has obtained variance approval to allow a building consisting of
seven residential floors, above a three-story parking garage, for a total of ten (10) stories
or 100' rootline. 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.
The proposed 109 Park Condominium project was allocated 112 LAC units. The
City's LAC is approved for a total of 2,465 dwelling units. fhe City's C-3 zoning
district allows residential uses within the Downtown Redevelopment Area as special
exception uses. Such special exception approval was granted by the City Commission.
It should be noted that the proposed architecture of the building is consistent with
the architectural guidelines for the downtown area.
In consideration of the Conditions of Approval, the following are acknowledged
by the Petitioner:
1) A deed restriction voluntarily limiting use of the property to condominium shall
be approved by the City Attorney and recorded prior to issuance of any permits.
2) Condominium documents, disclosing south runway expansion plans and
development potential of adjacent property, as well as rental regulations, shall be
submitted to the City and filed with the State prior to issuance of any permits.
3) LAC School Impact Fees shall be paid prior to issuance of a building permit.
4) Payment of Local Park Impact Fee shall be made prior to issuance of permits.
5) Special Exception, variance and LAC unit allocation confer no vested rights or
entitlements in respect of site plan approval and other permitting and regulatory
approvals.
6) Signal timing at the intersection of US-1 and Dania Beach Boulevard will be
monitored during the first peak season (between November-March) after
certificate of occupancy of the condominium building to ensure optimum signal
timing to accommodate peak hour traffic demand. Monitoring activities will be
coordinated with the City Engineer. In the event that the monitoring period occurs
after FDOT has improved the geometry and signal timing for the subject
intersection,no further monitoring activities will be necessary.
7) Sidewalks are required and are depicted on the site plan.
8) A developer's agreement pertaining to installation of water and sever
improvements shall be entered into prior to issuance of any permit.
ACKNOWLEDGENIENT
Before me, the undersigned authority, an officer duly authorized to take
acknowledgements, personally appeared Israel Kushnir, who being first duly sworn,
deposes and says that the following statements are true and correct to the best of his
knowledge and belief
24214. I, Israel Kushnir(Affiant), as President of RM Works, Inc., property owner and
applicant for development approvals. My current business address is I. Kushnir
Investments, 3001 North Ocean Drive, Hollywood, FL 33019.
24215. Affiant has petitioned the City of Dania Beach City Commission for approvals
related to a proposed condominium project located at 109 SW Park Street, Dania
Beach. Said approvals include special exception to allow residential within the B-
3 zoning district, height variance to allow a 10-story, 100' condominium building,
and the allocation of 112 Local Activity Center("LAC") units.
24216. The City Commission approved the Affiant's requests for Special Exception,
Height Variance and LAC unit allocation at its meeting on February 9,2005.
24217. Affiant understands and agrees that the Special Exception, Variances, and LAC
units allocation confer no vested rights or entitlements to any of the following: (a)
site design, building design, parking configuration, architecture, or Fire-Rescue
rDepartment requirements; (b) compliance with water, sewer, paving and drainage
requirements; (c) compliance with the regulations of any other governmental
agency.
24218. Affiant understands and agrees that this Acknowledgment will be relied upon by
the City of Dania Beach for purposes of site plan, architecture, and other plans and
permits reviews and approvals.
FURTHER AFFIANT SAYETH NAUGHT.
State of Florida
County of Broward / r-
---- Israel Kushnir L>
SWORN TO AND SUBSCRIBED before me this/ day of April, 2005, by Israel
Kushnir, who is personally known to me and who did not take ai oath.
NOTARY PUBLIC
�,'OT-*(Yl pl eK�PER�Mg OF FLcR� State of Florida
COMMISSION#DD161710
EXPIRES 11/&2006 Name._
90NOEOTNRU 1-88640TARY1 Commission No.
•
City of Dania 3each, Florida
., • Department of Community Development
Planning and Zoning Division
(9S4) 924-3645
General Development Application
O Assignment of Flex/Reserve Units AN 2 1
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
91 Site Plan
❑ Special Exception Petition No.:
❑ Special Request
❑ Trafflcway Waiver
❑ Variance
❑ Vacation Request
❑ Other:
AN ORIGINAL NOTARIZED APPLICATION,COMPLETELY FILED OUT, INCLUDING ALL
NECESSARY DOCUMENT'S,, IS REQUIRED BEFORE THIS APPLICATION WILL BE
ACCEPTED. IMPORTANT: THE APPLICANT OR THEIR AUTHO UED LEGAL ®GRUI
NUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CRTY -ONli►+iISSION
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 3lock: 21 Subdivision: Town of Dania (B-49)
Recorded Plat Name: Toren of Madeln (n/k/a Dania)
Folio Number(s):504234013080, 3090, 310D!gal Description: Lots 1-9, Block 21, Town of Dania
and 3110
Applicant/Consultant/Legal Representative(circle one) T_ K>>chni r Tnveatrnanra
Address of Applicant: 3001 North Ocean Drive, Hollywood, FL 33019
Business Telephone: 954-923-8093 Home: Fax: 954-923-6668
Name of Property Owner: RM Warks. Tnc
Address of Property Owner: 3001 North Ocean Drive, Hollywood, FL 33019
Business Telephone: 954-9 3-8093 Home: Fax:954-923-6668
ExplanationofRequest: Site Plan Apnrnval fnr Condominium Project
Prop. Net Acreage: 1.6 ac Gross Acreage:1.97 ac Prop.Square Footage: 37,579 sf footprint
• Existing Use: vacant Proposed Use: residential, multi-family
Is property owned individually,by a corporation,or a joint venture? corporation
APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
I. Kushnir Investments
This Z( day of L 20(,1 J
{3 t S fZ/�l L f C S t fsv t R W� Signature
is
yp� 5o/V,ac�y ,C,�ac�N
Date:—
Israel Kushnir
Sign Name of�No�taarry Public (Print Name)
State of(
�'1G' &126AN
e`X7TAW PUBLIC.STATE OF PLORIDA
COMMISSION#DD161710
EXPIRES 11/8/2006 3001 North Ocean Drive Hollywood, FL 33019
Print Name Street Address,City,State and Zip Code
Commission Expires: 954-923-8093 / 954-923-6668
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 (Applkant/Consubnt/RepresentatNe) to
make and file the aforesaid application.
Sworn to and subscribed before me Owner:
This day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address,City,State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
• CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I as a duly authorized officer, have authorized (Applicant/Consultant/Representative)
I. kushnir Investments and Ruden McClosky to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
RM Works Inc.
m,IS/z —� day of 4 I C 20v�
/3 7 /�44ec �Sf/rv��C �✓t/a /S Signature:
Date: l�� -
Israel Kushnir
Name)G (Print President
Sign Name of Notary Public (Print Title)
State of(Fcox t>,+ )
MARK PERLMAN
NOTARY PUBL -STATE OF FLORDA
*0j#9946;1;40 3001 N Ocean Drive, Hollywood, FL 33019
Print Name o S 11/8/2006 Street Address,City,State and Zip Code
BONDED THRU I-8WN0TAWY1
Commission Expires: 954-923-8093 / 954-923-6668
Seal: Telephone No. &Fax No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
th make and file the aforesaid application.
Sworn to and subscribed before me
This day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
**Each partner must sign. Attach duplicate sheets as required.
•
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.
•
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