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HomeMy WebLinkAboutR-2005-114 Venetian Beach Site Plan RESOLUTION NO. 2005-114 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DAVID HOURI,ON BEHALF OF VENETIAN BEACH, LLC,FOR PROPERTY GENERALLY LOCATED AT SW 45TH STREET AND SW 32ND AVENUE, 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, David Houri on behalf of Venetian Beach, LLC, has applied for site plan approval with the assignment of 5 reserve units (LUF-03-05) and a waiver to allow for a 35% pervious area, to construct 60 residential (three story buildings) units with associated parking, clubhouse and pool, for property generally located at SW 45th Street and SW 32nd Avenue, Dania Beach; and WHEREAS, the Planning & Zoning Board on June 15, 2005 recommended that the City Commission grant the site plan request(SP-54-04),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-54-04) 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: 1. Language acknowledging current airplane flights over subject property and planned south runway expansion to accommodate commercial jet traffic to be included in condominium documents. This language has been submitted to and approved by the City Attorney on August 2, 2005. • 2. Language(condominium documents and deed restriction)prohibiting developer from renting units and restricting unit owner rentals to no more than one tenant per year regardless of duration. This language has been submitted to and approved by the City Attorney on August 2, 2005. 3. Dedication of 0.36 acres of on-site public park area or $218,204.06 in park impact fees as determined by the City Commission, said park fee to be provided prior to issuance of any development permits. Park fees may change pending adoption of new park impact fees. 4. If recommended by city traffic engineering consultant, SW 32°d Avenue adjacent to site, to be expanded by applicant, from a 20 foot to 24 foot cross section, prior to issuance of a Certificate of Occupancy. 5. Noise proofing of buildings (Applicant has verbally offered to install hurricane glass). 6. Applicant must provide a bond in the amount of$29,000.00 to cover the cost of replacing the existing Royal Palms should they not survive the proposed relocation,prior to issuance of a building permit (Landscape Consultant). 7. Exterior lighting to be directed away from neighboring property. 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. 2 RESOLUTION#2005-114 PASSED AND ADOPTED on August 23, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES LOUISE�STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE MAYOR FLURY - YES _ MAYOR CASTRO - YES APPROVED AST FORM AND CORRECTNESS BY: AAV� THO AS/J. A S O CITY ATTORNEY • 3 RESOLUTION #2005-114 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. s 1. DATE OF COMMISSION MEETING: AUGUST 23, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING —SITE PLAN REQUEST SP-54-04 (CONTINUED FROM AUGUST 9, 2005 HEARING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: The applicant, David Houri on behalf of the property owner, is requesting site plan approval to allow the construction of 60 residential units. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Comment Sheets Application Location Map • Survey Site Plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date: AUGUST 10, 2005 Community Development Department City Manager Date CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 9, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C, G FROM: Corinne Church, AICP, Principal Planner cid-p— SUBJECT: VA-27-05/LUF-03-05/SP-54-04: The applicant, David Hour! on behalf of the property owner, is requesting pervious area waiver, assignment of 5 reserve units and site plan to allow the construction of 60 residential units LOCATION: Lots 2-11, Block 1 of Canal Road Subdivision(East side of SW 32 Avenue approximately 100 feet south SW 44 Street). PERVIOUS AREA WAIVER (35% pervious area in lieu of 40%) The code states that the City Commission may waive the pervious area requirement if certain conditions are met, including proportional mitigating design improvements. The City's Engineering Consultant (See Calvin-Giordano letter dated July 25, 2005) has stated that the applicant has provided a variety of drainage structures in conjunction with exfiltration trenches to meet the drainage requirements for the pervious area and therefore accepts the reduction in pervious area. RESERVE UNIT ALLOCATION (To allocate 5 reserve units Current R-3 zoning allows up to 15 units per acre. The Future Land Use designation allows 10 units per acre plus additional reserve units as permitted by the city commission. Assignment of 5 reserve units will increase gross density from 10 units to 10.9 units per gross acre. This is consistent with multi-family rental development located on the west side of SW 32nd Avenue. In the past, the City has allocated reserve units to encourage home- ownership infill development along the Griffin Road corridor (ie. Cape Fear, Harbor Isles). The addition of 5 units to a 55 unit project is proportionally consistent with previous reserve unit allocations subject to the applicant deed restricting the property to home-ownership development. SITE PLAN: 60 residential units with parking, club house & pool The subject property has 750 feet of frontage along SW 32 Avenue and contains 4.9 acres. The property abuts multi-family zoning to the west, north, and south, and single family zoning to the east across a finger canal. The site plan consists of 10 three-story (35 feet height) buildings with townhouses on the first two floors and flats on the third floor. Buildings are proposed to be setback 25 feet from the edge of the canal. The site plan complies with County R-3 building setback and height requirements. The survey provided by the applicant shows SW 32 Avenue is a 70 foot right-of-way with 20 feet of pavement. The minimum width for roadways accommodating two-way traffic is 24 feet. The applicant is providing 74 parking lot spaces and 80 garage parking spaces totaling 154 parking spaces. The applicant indicates there will be 2 reserved spaces per unit plus 0.5 guest spaces per unit. This complies with the recently adopted parking code amendment. PARK DEDICATION Based on the current code, applicant is required to dedicate 0.36 acres (15,681 sq. ft.) of public park space. Applicant is requesting permission to donate park impact fees in lieu of land. The applicant's appraisal (dated June 27, 2005) estimates the 4.9 acre parcel at $2,970,000.00 ($606,122.44 per acre). According to the city code, applicant would be required to pay a park impact fee of $218,204.06. Applicant has been advised the City Commission's preference is public park land dedication. Applicant has advised staff he still wishes to request commission approval to accept a park fee in lieu of land. Applicant has been advised that should the city commission require the park dedication, site plan redesign would be required. STAFF RECOMMENDATION • PERVIOUS AREA WAIVER: Consultant City Engineer recommends approval. RESERVE UNITS: Approval to October 1, 2006 subject to Exhibit A. SITE PLAN: Approval subject to Exhibit A. BUILDING ELEVATIONS: At the City Commission's discretion. PARK FEE IN LIEU OF LAND: At the City Commission's discretion. PLANNING AND ZONING ADVISORY BOARD PERVIOUS AREA WAIVER: Approval. RESERVE UNITS: Approval to October 1, 2006 subject to Exhibit A. SITE PLAN: Approval subject to Exhibit A. • BUILDING ELEVATIONS: Approval. PARK FEE IN LIEU OF LAND: Approval. • I 1 I Exhibit A 1. Language acknowledging current airplane flights over subject property and planned south runway expansion to accommodate commercial jet traffic to be included in condominium documents. This language (see attached) has been submitted and approved by the City Attorney on August 2, 2005. 2. Language (condominium documents and deed restriction) prohibiting developer from renting units and restricting unit owner rentals to no more than one tenant per year regardless of duration. This language (see attached) has been submitted and approved by the City Attorney on August 2, 2005. 3. Dedication of 0.36 acres of on-site public park area or $218,204.06 in park impact fees as determined by the City Commission, said park fee to be provided prior to issuance of any development permits. Park fees may change pending adoption of new park impact fees. 4. If recommended by city traffic engineering consultant, SW 32nd Avenue adjacent to site to be expanded from a 20 foot to 24 foot cross • section by applicant prior to issuance of a Certificate of Occupancy. 5. Noise proofing of buildings (Applicant has verbally offered to install hurricane glass). 6. Prior Applicant must provide a bond in the amount of $29,000.00 to cover the cost of replacing the existing Royal Palms should they not survive the proposed relocation prior to issuance of a building permit (Landscape Consultant). • - - "'"' -� •••• �..� r.•,., v♦vn�,u1V I II(1 11V, ,4�`tvc 1UUV I f. UL Calvin, Giordan o associates, Inc. Engineers o Surveyors ® Planners d July 25, 2005 Ms. Confine Church Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE Site Plan Review--Venetian Beach Townhomes,SO-54-04 CGA Project No. 97-1826.4 review 5, rev. 2 Review date—6/2/05, Plans dated — 5/31/05 Dear Ms. Church: Comments in our March 25, 2005 letter have been adequately addressed and we recommend approval of the site plan as submitted and dated May 31, 2005. We have reviewed the drainage calculations that were submitted and End them to be acceptable. Per Chapter 28, Article 29 of the Code of Ordinances for the City of Dania Beach, Pervious and Impervious Areas, they have used a variety of drainage • structures in conjunction with ex-filtration trenches to meet the drainage requirements for the pervious percentage submitted. Please see the letter dated May, 6, 2005 specifically response 3.5(atiached) concerning the comments in our March 25, 2005 letter. The stormwater is to be retained completely onsite. The applicant will still be required to obtain a City of Dania Beach 'engineering permit for this project. As part of this permit they will be required to show that they obtained approval from the Broward County Environmental Protection Department: 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. ` PCPly to: Sincerely, IM11111.11er Drive.5411<GOu � �� i<ortLu ar11:1M,n,a331a , GIORDANO ASSOCIATES, INC. Tax:M4.02J.8807 c,. 560vlllautBlvr1,sivile;,4o Karl kenn WeNt PAIM Beach.FL Phofir:lS h1,KM4.6161 ssgtw Associate JUL 2 zoos Fax 5G1.G89.G9G0 " Enclosure �•[alvl l-giOrd.ulu.tuw PAPre1ecte11907U71V6 NOW arml Reporu`,Vcnetian Scoch Townhomej roview S rug 2.Juc I e Calvin, Giordano & Associa tes, Inc. Engineers • Surveyors • Planners R June 2, 2005 Public Services Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Site Plan Review—Venetian Beach Townhomes, SP-54-04 CGA Project No. 97-1526.4 review 5 Comments in our March 25, 2005 letter(attached) have been adequately addressed and we recomrnend approval of the site plan as submitted and dated May 31, 2005(attached). We also have reveiwed the drainage calculations that were submitted and find them to be acceptable..The applicant will be required to obtain a City of Dania Beach engineering permit for this project. As part of this permit they will be required to show that they meet South Florida Water Management District requirments as well as obtain approval from Broward County Department of Environmental Protection. Review date—6/2/05, Plans dated—5/31/05 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, CAI.,VIN, GIORDANO & ASSOCIATES, INC. Repll to: Karl Kenne Associate 1900 Eller Drive,Suite 600 `T�Fort laudr.rdalr,FL 33316 hone:954.921.7781 Fax:954.921.8807 Enclosure 560 Village Blvd.,Suite 340 West Palm Beach,FL 33409 Phone:561.684.6161 Fax:561.684.6360 W-calvin-gioidano.com P Trojccts11997M I8'_6 Dania MiscellancousIEngince,ing',Correspondence`Lencrs and Reports Venetian Reach Townhnmes re,5 doc ' 1 Galvin, Giordano (Sr Associates, Inc. Engineers - Surveyors Planners March 25, 2005 Mr,1`ernando Vazquez, P.E. Director, Public Service City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Site Plan Review—Venetian Beach Townhomes, SP-54-04 CGA Project No. 97-1826.4 review 4 Dear Mr. Vazquez: Comments are noted below for the above noted site plan: Review date—3/25/05, Plans dated — 3/11/05 1- Site Plan Drawings The current plan has adequately addressed comments made previously (February 4, 2005). Moreover, please add to you site plan drawing comments 3.3 and 3.4 below. • 2. Traffic Engineering Access control and traffic circulation assessment is recommended to be undertaken in connection with the proposed geometric design of the ingress/egress to SW 32nd Avenue and cgnsidering comments 3.2 and 3.8 below. 3, Preliminary Engineering Review Sheet 2 of 10 3.1 The Stormwater Management Calculations was reviewed in conjunction with the proposed grading scheme. The finish floor elevation at the ground level is 8.00 ft. (NVGD), and the computed 100-year flood elevation was 7.97 ft, however Re,,l>��: the garage floor elevation was set at elevation 7.10 ft. It is recommended that the 19(el Eller Dri,e,Suit,GiIU garage elevation also meet the 1% chance of flooding. Fort Lauderdale,FL'9:IIli Pi,o„cm 9e,4 921.7791 3.2 Sight Distance Analysis per AASHTO "A Policy on Geometric Design of Fax:'.*4.9"1 Ski'" Highways and Streets, 2001" and FDOT Index No. 546. Existing width of SW 32nd 360 Vili:,ge Blvd.,sui,c 540 Avenue and posted speed shall be shown in the plan as well as proposed or existing West Palm Beacil,FLMON landscape plantings and hardsca es for sight distance analysis clear]Plu1ue:51A-6,.1.61G1 p g Y y indicating Fax:5b1.684.6360 limits of clear sight. *1kin-Siol d:u:o.cuu: t Page 2 March 25.2005 3.3 Show existing use and name of owners of adjacent properties. 3.4 Show survey property boundaries and adjacent street data. Sheet 3 of 10 3.5 Show section of the outfall between the proposed dry retention area and the existing canal. Sheet 4 of 10 3.6 Handicapped Symbol &Parking Detail Please use 6 inches striping instead 4 inches (Refer to Comments made on October 22, 2004). It is recommended that for diagonal lines use white paint instead of blue to be more visible at night. Refer to FDOT Index No. 17346 3.7 ADA Accessibility Ramp on the Proposed Sidewalk Provide detail of the proposed ramp based on your grading scheme and per FDOT Index No. 304. Sheet 5 of 10 3.8 Pavement Marking and Signage Plan Stop Bars for exit to SW 32nd Avenue shall be located 4 feet before the cross walk per Broward County Transportation Division Standards. Sincerely, CALVIN,GIORDANO & ASSOCIATES, INC. ✓ / 'l?A"I Karl Kenne Associate PAProjects'.1997'A71826 Dania MiscellaneousiEngineering'.Correspondence'.Lettcrs and Rcports'Mcnetian Beach Townhomes rev 4 doc - CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM No `1 l PZ Lop -- Route Date r 5/18/20 S,S; Project VENETIAN PARKING VARIANCE Folio 5042-30-01�1 r--- - --0020 Route Via: Mall ❑ PlckUp In-house n --- ❑ Fire Marshal ❑ Planner Public Eoroicoo ❑ Landscape Approved so submitted U Denied �C3 Comments addrvosed and resubmitted prior A to PBJCIty Commission ❑ Approved w/conditlono LlstConditlons 1 i I � I I Signature Print Name _Y....> . -------- --------- ------- -----_..—_ Date I CITY OF DANIA BEACH . COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM WE PLAN A No gg PZ Log VA-27�05 Route Date 008,' L— Project VENETIAN PARKING VARIANCE — Folio 5042-30-01-aid — Route Via: Mail L7 PlckUp In-house [� ❑ Fire Marshal ❑ Planner ❑ Public Services Londocapo I-V• proved as submitted L Denied ❑ Comments addressed and resubmitted prior ❑ Approved w/conditions to PZ/Clty Commisalon LlatConditlons -.fk 1(AW%a s arx p (a&I at IcL, d&,a ,, t y Do 1a4 12-.ttI� D ci tct/ Sl Il oS® t)YA S V G+6,o.J - Signature --- _ C G C/ Print Name i - -------_ ----- -------- Data -- rnA 11U. ea4actaaur 1', 03 ('� /� GCI2UTEL7'!2£- 2L3.[!3 �:r •. } �11Uc.lQ�Ei, �rec:, � m oban F.Jack:ian F. Mtm S.JOtu1,-,On,P.S.M. LAND SURVEYORS•ENGINEERS-LAND PLANNERS Fbn:+)d A.Frio,kS.M. 3240 CORPORATE WAY•MIRAMAR,FLORIDA 33025 Allonso C.T®lio,P,C.,P,S. TX041J E. .lb r)I,P.S.M. BROWARD PHONE; 435.7010 rxonun U.Ibarluzon,I'.S.M. Ks►)1 w.Grace,F.E.f MicllAtl J.Auoy,P.S.M. DADE PHONE;(305)652-701t) Hanl6ildo J.N' E. p E. 6RpWAP.D FAX:(lib4)438.3286•DADE FAX; a lws F•Luon.P.E. WWW.SHISKIN L'OM ('05)652-62114 Aloarlo A.Moru,P.E. Friday,May 06, 2005 Leo Williams City of Dania Reach 100 West Dania Beach Aoulevard Dania Beacl4 Florida 33004 f Be: Site Plari Revieh,- I"enetiau Bench T011)J11l0llreS,SP--S4-04 CGS Profecl Nn. 97-1826 4 Mr. Williams, I Pursuant to the comments we received from your office regarding the referenci;d project please accept th following responses: e 1.0 Pursuant to our telephone conversation with Mr.Karl Kennedy of Calvin Giordano & Associates, Inc, we feel that the enclosed plans have adequately addressed access control and traffic circulation With regards to sight distance, peak hour traffic, and pedestrian access. Per my conversation with n Kennedy it is our opinion that vehicles during the beak:hour of traffic will stack on the drive paralleling SW 32' Avenue and other internal clrivcs,not at the driveway exit of the developIs ment. 3.1 pursuant to our telephone,conversation with Mr. Karl Kennedy regarding the 100 Year floo elevation and its encroachment into the garages please note that we have considered thed recommendation. however, protecting the garage floors to a 1%chance of flooding for this development is not practical. Pleasc note that the architect and the owner(s),by this letter, are informed that garage floors will flood during storm events exceeding the rainfall volume, or intensity, of the design 25 Year frequency, 3 Day duration storm.event. We also recommend that the intemal design of the garages allow for flooding during these certain storm events, ie. no mechanical or electrical equipment may be stored below the design 100 year flood blevation,of 7.00 walls below the design 100 year flood elevation of 7.00 NGV shall be,constructed of ater al`ha c will not deteriorate due to floodingof garage• � g' 6 garage,floors, electrical Outlets shall not be installed below 1 e design 100 year flood elevation of 7.00 NGVD, etc. 3.2 The enclosed plans were revised 1.0 show the existingwidth of SW 32na Avenue, the ostct;d limit, and the sight distance limits per the most current FDOT Standard L dex 546. Ple seref ro the landscape plans and architectural plans for existing and proposed landscape plantings and hardsea es. 3.3 Enclosed please the find documentation showing current uses and Property owners of the adjacent ip ers Iced d evelopment. The plans were also revised to show the adjacent- lots and l rope•ty s to owners. I 3.4 Enclosed please find copies of a recent survey of the property-bouinda)ies. Please note drat the engineering plans were prepared based on surveyed data and property boundaries. The enclosed 'plans show all relevant street data for the proposed civil engineering imprpvenuents. DADE OFFICE-11941 S.W.144TH STRasT,MIAMI,F1_33186•PHONE:(305)233.9210 k:1305(142Wenctian rawuhulues1pdWocurneutsllro Williams-city of dauia brae),.doc tt vUL—L'J—LUUJ 1111 t;n1 •+v UlVrcurlivu rnn tvu, y)yUcldtSur r. u4 f • I Mr.Leo Williams May 6, 2003 Pav 2 of 2 3.3 The outfalls were rlrnioved fu•orn the pr(►ject pursuant to comments received front Broward County's Ell\firprinletltal Protection Department. "file revised slonnwater management system shall provide full onsite retention. 3.6 The enclosed plans were revised to show 6"of'griping in the delail sheets. The enclosed plans were also revised to show that the diagolllal lines adjacent to the accessible parking stalls shall he of a white color as per F'DOT Standard Index 17346, I 3.7 The enclosed plaiis provide details of the proposed ramps as per'the most cul-rent FDOT Standard Index 304. 3.9 As per our telephone conversation with Mr. Kennedy please note that due to the site's configuration it is tot possible to provide a stop bar four(4) feet from the proposed crosswalks. However,as pteviously mentioned please note that it is our opinion that.the current configlu•ation will not impede pedestrian access bocause vehicles on the driveways paralleling, SW 32"u Avenuc will be required to stop and yield to pedestrians in the crosswalks prior to exiting the development. I If you have nAditional Questions please call me. I I Sincerely, c�'ajarus��e-c�ils�Gz � o'��aoela�es,�na Lu' R L' n,Pr 5$670 Project Engineer Cc: Olivier Danan (Schres& Danan) Yizhak Toledano(Sk}n•ise Development Group) .I • I i ka905042\vrna6an t0w11110mm%pJldocumenls\1eo william9-city or duni i beach duc City ®f Dania Beach Fire Rescue Bureau of Fire Prevention SITE PLAN REVIEW COMMENT SHEET Date: Q c Project: 1,60Pr►,}� �0 Plan Reviewer. 0 Approved As Submitted 0 Denied Approved With Conditions ❑ Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS/CONDITIONS: 61065 lb &Z ge 67 S 99IJ r • r x. _ CITY OF DANIA BEACH I COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date: 9/5/2005 PZ Log: 4P-64-04 . . ... _ ..... ... Project: Venetian Beach Townhomes Folio: 5042-30-01-0020 r(Rev.2) .. .......... Route Via: Mail ❑ Pickup: ❑ 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. R Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church Public Service: Fernando Vaquez 0 Landscape Consultant I..) Approved as submitted: ❑ Denied: L_j Comments must be addressed and [Approved with conditions: resubmitted prior to City Commission List conditions: 'DOCK per FFPC. F-a 0, 12e Fcrenrc P ®�_7 Signature . ' Print Name • Date i • WAOTB MANAaNMIEpUT April 27,2005 MAY 13 Venetian Townhomes 4550 SW 32nd Avenue Dania Beach, FL 33312 Alex: Based on the new site plan provided for Venetian Beach, which is located at 4550 SW 32nd Avenue, Dania Beach, Waste Management can provide service 2x a week. Pick u • 2x a week would be satisfactory for this site. p Feel free to call me if you have any further questions. Richard Sagredo Territory Manager Waste Management • I Document prepared by and return recorded copy to: Susan F. Delegal, Esq. Billing, Cochran, Heath, Lyles, Mauro &Anderson, P.A. 888 S.E. Yd Avenue Fort Lauderdale, FL 33316 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants, made this day of 2005, by VENETIAN BEACH, LLC, a Florida limited liability company, hereinafter referred to as OWNER. WHEREAS, OWNER is the fee title owner of that certain property legally described in Exhibit A attached hereto and incorporated herein (the "Property"); and ® WHEREAS, OWNER hereby covenants that Owner is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Declaration; that OWNER has good right and lawful authority to make this Declaration; and that OWNER agrees to fully warrant and defend this Declaration against the claims of all persons whomsoever; and WHEREAS, OWNER intends to develop sixty (60) townhouse and condominium units on the Property (the "Project"); and WHEREAS, OWNER intends to subject the Property to the Declaration of Restrictive Covenants contained herein in connection with the approval of the site plan for the Project and other related approvals to be granted by the City Commission of the City of Dania Beach, Florida. WHEREAS, OWNER places certain restrictions on the use of property; NOW, THEREFORE, I. The Recitals set forth above are true and correct and are incorporated into these restrictive covenants; (00003227.DOC v.I) 1 i 2. OWNER hereby declares that the Property shall be held, maintained, transferred, sold, conveyed and owned subject to the following designations and restrictive covenants; a. The individual units comprising the Project shall be restricted to condominium ownership only; b. . The dock space associated with the Property shall not be leased to any parties who are not owners or lawful tenants of the individual units. No person shall be permitted to live aboard any boat or vessel using the docks associated with the Property; 3. This Declaration of Restrictive Covenants shall be recorded in the public records of Broward County and shall run with the property; 4. The City of Dania Beach is the beneficiary of these restrictive covenants and as such the City may enforce these restrictive covenants by action at law or in equity against any person or persons, entity or entities violating or attempting to violate the terms of these restrictions; 5. Any failure of the City of Dania Beach to enforce these restrictive covenants shall not be deemed a waiver of the right to do so thereafter; 6. Invalidation of any one of these restrictive covenants y judgment or order shall in no way affect any other conditions which remain in full force and effect court; IT WITNESS WHEREOF, OWNER has executed this Declaration of Restrictive Covenants as follows: WITNESSES OWNER VENETIAN BEACH, LLC Print Name By: Title: Print Name STATE OF FLORIDA (00003227.130C v.l) 2 ss.. COUNTY OF BROWARD The foregoing instrument g g was acknowledged before me this day of , 2005, by who is [ ) Personally known to me, or [ ] Produced identification. Type of identification produced NOTARY PUBLIC: (Seal) Sign: Print: My commission expires: • (00003227.DOC v.1 3 SKY RISE Dk�'�l,i)PivtE?,;T Grt{�UP August,1.205 Regarding: VFIelMAN BEACM.:DANIA,BJEACH,;IFLORIDA:—COiMMITMENT TO RESTRICTIVE COVENANTS To Whom It May Concern. Please be advised that the project known as Woetian Beach is being developed for the: purpose of selling units as condominium► units. .This pfajert will.NOT btl developed for tie purpose of operating as a rental conirnurtity.; Also, we the'developers of Venetian Beach.have come to an=agreement with tite 'Director ©f`the Cora m:unity Development Department f'ox the City of Dania Beach, 'Lau'ho feeds, to expand the public roadway 1b09ed nex6 io the above rdentioneti project to 24 feet. S' ely, Yi 'haVroledano S yrNe Development Group, Inc. t SKYR.ISE DEW'-f-OPMENT CROtT Au6ust.1,20Q5 Attention: 7Fom Ansbro. City Of Dania.Aeach 100 W Dania Beach.Blvd, Dania Beach,FL 33004 Re: Proposed priofect-The Venetian Beach Location SW 3 "d Ave Per the City`s request, please find attached irrformation that Will be provided to the potential purchasers regarding the. V.gneiiari Brach project..Please be advised, that the, potential purchasers rr.wi11 sign, disclosure statement as part.of our condoinihiu'm documents. information Ret;ardinz'AircraftNoise and Overflight Notification This Declaration is recorded to provide notice to..potential purchasers of subject units .within the Property of potential aircraft:overflight and noise impacts on the Property due.to Its close Proximity to the Fort. I auderdale-Hollvwood Interrtational Airport, hereinafter referred; to as the "Airport". The Property:is . located tintnediately west of'the Airport, and just south of the flight path from the south.runway of the airport, known as runway 9R-27L; as such,the Property is subject to the overflight and associated noise of arriving and departing aircraft during the course of normal 3;rport operations. Runway,9R�?7.1.; is current! used fa y y gerwraf aviation small commuter aircraft, corporate jet aircraft and similar ain:rafl however, proposed iniprovements would extend this runway t4 accommodate operations by Large, air carrier aircrrfi. Additionally,the FAA has proposed,andthe Broward County Commission has approved, use of the south runway for corporate jet aircraft and other:simihar jet aircraft.prior to construction of the new proposed south runway. Noise levels are measured in terms.of"day-night sound level" (IJNL). DNL is a noise metric; measured in decibels, that accurnulates and averages the sound energy produced by objects over a period of time, DNL includes,as we.l}, a ten(10).decibel"penalty"for noises that occur between the hours of 10:00 p.m, and 7:00 a..m. Areas located within a DNL noise contour of sixty-five (65)are deemed by the Federal Aviation Administration("FAA")-to be incompatible with residential use.While outside of the sixty-five (65)average DNL noise contour, the Property will be. subject.to single- e vent aircrufl.noise levels that, at times, may be of sufficient intensity to interfere with normal indoor and outdoor activities, and may be higher tlian sixty-fi.le (65) decibels: Individuals sensitive to such events should satisfy.themselves before purchasing a unit within the Property that, such exposure to aircraft overflights and the noise associated therewith will not adversely affect their enjoyment of the Property. Although the Property currently iies outside of the sixty-live (65) DNL contour as of this writing, it. is possible that the Property will comp within the sixty-five(65) DNL lines in the.future, if the south runway is expanded and (lie Federal Aviation Administration and.Broward County.allow for unrestricted use of that runway: If the Property eventually comes within the sixty-five (65) DNL lines, Broward County could conceivably initiate condemnation proceedings(eminent domain) to take the property for Airport use, to avoid inc mpatible land uses. SKYRISE ut vELC)PMFWI GROUP City of Dania.Beach. Florida Auitust I,2005 Page 2 Aviation Discloanre The Condominium. Property i"s subject to the overflight and.associated noise of arriving and departing. airGrai}during the course of normal Fort LatrderclAe-Hollywood intanatipnal airport operations_ Runway 9R-3.7L is,at the time afiilirrg of this Prospectus with the Division of Land Sales, Condom riium5 and Mobile Humes, beitig used e?tcl4sively by.general aviation,small commuter aircraft,corporate jet:aircraft, and other similar,*e .aircraft prior to c6nso4ctlon of a new pioposed south,'runway: Soundnronfsne. The Declarant will employ:construction methods 'on the buildings on the Property to mitigate against. ►'tibi'se impacts_that may be caused by aircraft overflight.on the Property dine to its close.proximity to the Fort.Luuderdale-Hol.(ywQod Intern.itionai Airport Unit Rentah L General Information Applying to Condominiums. 0 Developer,shal.l not lease an).,Units,,which are unsold.as o.fthe.date ofrecordation o1.f the Declaration of Condominium establishing"the Condominium. Notwithstanding aAyttiing contained herein to the egntary, it is the Developer's intention to sel 1.ail Unfts wlthhl the Condomidlirm as expeditiously.as possible.Once a Unit`is sold a.Unit Owner may}ease his or her unit to no more than one tenant:percalendar year. Boat Slips Tlie Condominium shall contain boat ships which shall be located adjacent to the waterside on the:eastside of the property. Th`e Developer may, in its sole arid absolute discretion, elect to apply for and.pursue permits for construction of and to piers, Boat slips and related facilities on or adjacent to the edge of the commercial units.in the Condominium Property. All or a'portion of the boat slips will be situated on sovereignty lands which will be Leased from the State of.Floi ida. The lease term will be five Years.and may be renewed subject to compliance with lease provisions and applicable law. Neither the sovereignty land, nor the,leasehold interest therein. nor the faeilities that exist on the leasehold are being submitted to condominium ownership. Construction of the boat slips would ,require approvals and permits from various governmental authorities which have not been applied for at-this dh a and which, even if pursued, could be.denied;by the applio le governmental authorities. The Boat Slips will not be cansttuged'it'-the Developer at any time e.lects..in its sole and absolute discretion, not to file or proceed with applications fbr:Such pennits and/or approvals or if any necessary permits and/or approvals are denied. In no event shall any consent or approval of any purchaser be required for the constriction or abandonment of the boat slips. The.'boat slips cannot be leased; sub-leased to Non-Owners of the.Condominium Property,. however may be leased to tenants of the property, No "live-aboards" are permitted to use the boat slips. The boat slips cannot be sold, leaped or subleased separate and apart from the sale of a Unit, but may be leased to a tenant who holds a minimum one year lease from a Unit Owner. SICYRISE 'DEVL:LUPMkN"('(iROL'P City of Dania Beach, Florida August 1,005 Rage 3 Sincerely, Y ak ledan'o S yris velopment Croup AGREED AND ACCEPTED: Tom Ansbro;Cfty Attorney • City of Dania Beach, Florida . Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment SEP 14 2004 ❑ Plat ❑ Plat Delegation Request ❑ Rezoning ,O,Slte Plan Date Rec'd: ❑ Special Exception ❑ Special Request Petition No.:— p,� ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request ❑ Other: AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT IN CLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED. jMpQ • REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION" CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED !WITH EACH APPLICATION. Location Address: =j"ZOA , Lot(s): --—__ Block; \ Subdivision: Recorded Plat Name: Folio Number(s); 5�. 42-� 01 'LD Legal Description: l r Applicant/Consultant/(egai Representativekcircle one) C Address of Applicant: VIAL :k Y/C� Business Telephone:air{��- 'A Home:Cl�{2Ly-y`ll� Fax:�''�• Name of Property Owner: r Address of Property Owner: L\ C' Business Telephone. F <C` Home--IL-lO "l - Fax: . Explanation of Request: C-11'" �, ., Prop. Net Acreage: _ Gross Acreage: '- -CYk Prop. Square Footage: Existing Use: w {c�� Proposed Use: C�1 Is property owned individually, by a corporation, or a joint venture? APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Appllcant/Consultant/Re tIve: This.'11 day of t- 20O�A / Signature: Date: Sign Name of No ry Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission NT$tE 040-1r — 7.�v`C ' 77-c ?5)A- '71An C) Notary PublIC,State of Florida Telephone No. &Fax No. My �•D i9413006 • INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subj lands des bed above and that I have authorized (Applicant/Consultant/Representadve) r/U to make and file the aforesaid application. Sworn to and subscribed before me Owner: This �l day of, 201L� Signature: �Q n Date:_ AN Sign Nam of Notary Public (Print Name) State of Print Name of Notary Street Address, City, State and Zip Code Commission Expires: r- Seal: Telephone o. &Fax No. YIIHAK TOLEDAIdO Notary Public,Sj*of,Flori(:W My , exp. Sept. 17, 2006 Comm. No. DD 150413 LOCATION: T I IV i 1� j This Sitezo I - ..._ .._ ca 11 I - I i I i • _. - C- • Exhibit A 1. Language acknowledging current airplane flights over subject property and planned south runway expansion to accommodate commercial jet traffic to be included in condominium documents. This language (see attached) has been submitted and approved by the City Attorney on August 2, 2005. 2. Language (condominium documents and deed restriction) prohibiting developer from renting units and restricting unit owner rentals to no more than one tenant per year regardless of duration. This language (see attached) has been submitted and approved by the City Attorney on August 2, 2005. 3. Dedication of 0.36 acres of on-site public park area or $218,204.06 in park impact fees as determined by the City Commission, said park fee to be provided prior to issuance of any development permits. Park fees may change pending adoption of new park impact fees. 4. If recommended by city traffic engineering consultant, SW 32nd Avenue adjacent to site, to be expanded from a 20 foot to 24 foot cross section, by applicant prior to issuance of a Certificate of Occupancy. 5. Noise proofing of buildings (Applicant has verbally offered to install hurricane glass). 6. Applicant must provide a bond in the amount of $29,000.00 to cover the cost of replacing the existing Royal Palms should they not survive the proposed relocation, prior to issuance of a building permit (Landscape Consultant). 7. Exterior lighting to be directed aware from neighboring property.