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Home My WebLink AboutR-2004-154 Cape Fear Mod. of Site Plan SP-05-03 RESOLUTION NO. 2004-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION #2003-182, ADOPTED AUGUST 12, 2003, TO MODIFY THE SITE PLAN AND LANDSCAPE PLAN (SP-05-03) SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY LOCATED NORTH OF SW 45TH STREET,EAST OF SW 30TH AVENUE, WEST OF SW 28Tx WAY AND SOUTH OF THE DANIA CUT- OFF CANAL,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, Michael Shiff of the Shiff Group, has requested approval of an amended site plan(SP-05-03) dated September 7, 2004, changing the SW 45th Street setback from 30 feet to 25 feet and amending the landscape plan, for property located north of SW 451h Street, east of SW 301n Avenue, west of SW 28"' Way and south of the Dania Cut-off Canal, Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request for an amended site plan dated September 7, 2004, a copy of which is attached and made a part of this Resolution as Exhibit"A",is approved, subject to the following conditions: l. Provide two copies of recorded plat. 2. If the City Commission accepts land value based on the sales contract, applicant to pay $66,338 park fee prior to issuance of any building, paving, or utility permits. 3. Provide an airport expansion disclosure statement in the condominium/HOA documents prior to issuance of building, paving, or utility permits. 1 RESOLUTION NO.2004-154 • 4. Provide one additional large specimen oak tree (for a total of 19 newly planted Live Oaks), along the south lot line. 5. Provide written documentation of compliance with Fire Department vehicle access requirements by October 1, 2004. 6. Staff provided the discretion to allow modifications to the landscape plan administratively. Provided however,City Commission approval required for the removal of any specimen oak trees not currently designated for preservation or on-site relocation. 7. City Attorney to approve Griffin Marine Park access easement prior to issuance of any tree removal, tree relocation, building, paving, or utility permits. S. Applicant to comply with animal relocation ordinance prior to issuance of any tree removal, tree relocation, building, paving, or utility permits. 9. Dedicate 10' of land along the west side of the property for park land to be added to Griffin Marine Park from the north side of entrance drive to lot #34 (zero lot line parcel) where dedication shall be 5' for the length of lot#34 to the Dania Beach Canal. This dedication is in addition to the dedication at the southwest corner of the property and the value of the land • dedicated(excluding the southwest corner dedication of land),as the amount of such value is approved by the City, shall be deducted from the park impact fee amount otherwise payable to the City. It is further noted that the amended 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 its passage and adoption. 2 RESOLUTION NO.2004-154 • PASSED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 2004. C. K. MCELYE MAYOR-COMMISSIONER _ALTEST: ROLL CALL: COMMISSIONER ANTON - YES - � COMMISSIONER CHUNK - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES -YES MAYOR MCELYEA-NO APPROVED AS TO FORM AND CORRECTNESS: BY: Ad , THOMAS J. A ' B O CITY AT ORNEY • 3 RESOLUTION NO.2004-154 AGENDA REQUEST FORM _ CITY OF DANIA REACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: SEPTEMBER 14,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — CAPE FEAR SITE PLAN MODIFICATION); PROPERTY LOCATED NORTH OF SW 45 ST., EAST OF SW 30 AVE., WEST OF SW 28 WAY, AND SOUTH OF THE DANIA CUT-OFF CANAL. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Site Plan Modification request by Michael Shiff of the Shiff Group. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Location Map Modified Site Plans dated September 7, 2004 • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Date September 7, 2004 Community Development Department City Manager Date • CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: September 14, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director `, Corinne Church, AICP, Principal Planner REQUEST: Request by Michael Shiff (Cape Fear) to: 1) Amend the Planned Unit Development Master Plan (ORDINANCE - SECOND READING). 2) Amend the Site Plan (RESOLUTION) LOCATION: Generally located north of SW 45th Street, east of SW 30th Avenue, west of SW 28th Terrace, and south of the Dania Cut-Off Canal. • The attached site plan package represents a change from the originally approved master plan and site plan: 1) Building setbacks along SW 45th Street reduced from 30 feet to 25 feet (Minimum setback is 15 feet). 2) 64% of the existing oaks to be preserved or relocated (Original plan indicated 81% of existing oaks to be preserved or relocated). 3) To compensate for the reduction in preserved/relocated oaks, applicant proposes additional landscaping throughout the entire site, including 18 new specimen oaks (7 1/2 inch trunk diameter, 18 feet tall) to be planted along SW 45th Street. Please note there is no change in resident/visitor access (SW 30th Avenue through Griffin Marine Park) and no change in unit count (55 units) from the original PUD Master Plan. There remains an existing easement on SW 45th Street providing access to the adjoining property (east of Cape Fear) and emergency fire-rescue access. Also, the proposed marina located in the northeast corner of the site may be a surface boat storage area for residents. • OPEN SPACE DEDICATION The city code requires person's developing land for residential purposes to dedicate public land for parks. Where the City Commission determines land dedication is not feasible, the Commission may allow the developer to pay a fee based upon the fair market value of the land that would otherwise be required to be dedicated. The fee shall be based upon the formula identified in Chapter 19 (Article IV) of the City Code. In this case, the formula requires the dedication 0.41 acres for public open space. Applicant has dedicated 0.21 acres for passive unimproved open space in the southwest corner of the site, adjacent to Griffin Marine Park. The applicant must make up the difference (0.20 acres) by payment of a park impact fee. The fee is based on the appraised value of the total site multiplied times the percentage of site required for park dedication, less the dedicated 0.21 acres. Staff has requested an appraisal. Applicant has provided a copy of the sales contract showing a purchase price of $2,819,096.00, or approximately $336,000.00 per acre for unimproved land. Based upon the contract price, the applicant is required to pay a local park fee of $66,338.00. FIRE DEPARTMENT The Fire-Marshall has identified a number of issues relating to fire protection and access, including the requirement for 38' inside turning radius and a 50' outside turning radius for the fire apparatus ingress/egress. This issue is critical since the applicant has reduced the typical two-way drive aisle width from 24 feet to 20 feet to reduce paving. The Fire-Marshall has not yet confirmed if the reduced driveway width is sufficient to accommodate emergency vehicles. RECOMMENDATION (PUD MASTER PLAN AND SITE PLAN) The Community Development Department can recommend approval of the Amended PUD Master Plan and Site Plan subject to the following conditions: 1. Provide two copies of recorded plat. 2. If the City Commission accepts land value based on the sales contract, applicant to pay $66,338 park fee prior to issuance of any building, paving, or utility permits. 3. Provide an airport expansion disclosure statement in the condominium/HOA • documents prior to issuance of building, paving, or utility permits. • 4. Provide one additional large specimen oak tree (for a total of 19 newly planted Live Oaks), along the south lot line. 5. Provide written documentation of compliance with Fire Department vehicle access requirements by October 1, 2004. 6. Staff provided the discretion to allow modifications to the landscape plan administratively. Provided however, City Commission approval required for the removal of any specimen oak trees not currently designated for preservation or on-site relocation. 7. ;City Attorney to approve Griffin Marine Park access easement prior to issuance of any tree removal, tree relocation, building, paving, or utility permits. 8. Applicant to comply with animal relocation ordinance prior to issuance of any tree removal, tree relocation, building, paving, or utility permits. • • i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date: __8_77 4 PZ Log: SP 05-03-M_ Project: Icape Fear Folio: 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. ❑ Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church W Public Service: Fernando Vaquez ❑ Landscape Consultant ❑ Approved as submitted: ❑ Denied: ❑ Comments must be addressed and ❑ Approved with conditions: resubmitted prior to City Commission List conditions: lgnature �o ,o rint N me • Date --dz I & ��. City of Dania Beach CFLw Department of Public Services ENGINEERING DIVISION 100 West Dania Beach Blvd• Dania Beach,FL 33004•(954)924-3741 -(954)-923-1103 (fax) Monday August 30, 2004 Property: Cape Fear—Site Plan Review—2°d Review Permit: SP-05-03 ! Sheet PGD-1 1) Seasonal groundwater elevation not provided. Please include soils report as well as exfiltration trench calculation indicating proper storage capacity for exfiltration drain. 2) YD (1) ; Not enough cover provided— Pipe should have at least 2 feet cover. If less than 2 feet engineer needs to identify proper RCP class. 3) CA (2) ; Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe. If less than 2 feet engineer needs to identify proper RCP class to sustain HS 20 loadings. 4) C (6) — Not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved • areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify proper RCP class to sustain HS 20 loadings. 5) E16 (Outfall) —Please provide tailwater elevation at outfall point. 6) C-6 (15) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify proper RCP class to sustain HS 20 loadings. 7) C-4 (14) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify proper RCP class to sustain HS 20 loadings. 8) C-4 (12) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify proper RCP class to sustain HS 20 loadings. 9) Segment C-4 (12) to C-4 (9) — Exfiltration trench appears to be completely submerged. Please provide seasonal groundwater elevation and identify functionality of ET at invert elevation-0.5 10) C-4 (9) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify proper RCP class to sustain HS 20 loadings. City of Dania Beach Department of Public Services ENGINEERING DIVISION 100 West Dania Beach Blvd- Dania Beach,FL 33004 •(954)924-3741 • (954) -923-1103 (fax) 11) C-4 (10) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify proper RCP class to sustain HS 20 loadings. 12) One invert call-out is in north direction and there is no pipe. 13) Missing invert and rim elevations at yard drain located north of intersection between SW 45''' Strcet and SW 29`'Terr Intersection. 14) Grading corner east of pond where CA-18 structure is located- Call out elevation of 5.5' west of stucco wall, establishes a low point with no stormwater escape. There should be a YD or some other collection structure. 15) Ibid for south wall adjacent to pond where C-A- 13 is located. Call out elevation of 6' establishes a low point with no stormwater escape. 16) Engineer needs to indentify curbing type • 17) ENGINEER NEEDS TO PROVIDE HYDRAULIC GRADELINE CALCULATIONS TO VERIFY HOW SYSTEM WORKS DURING CONTROL TAILWATER ELEVATIONS AT OUTFALL. 18) ENGINEER TO PROVIDE WEIR CALCULATIONS AND MAXIMUM PEAK ELEVATIONS AT LAKE AREA. Sheet WS-1 1) Provide for proper utility easements at all new utility locations. ( maintain a 10 feet minimum from centerline of utility) 2) Identify all sewer crossing elevations at water and sotrmwater conflicts. 3) Unable to tell by legend which is meter and which is backflow preventer MISSING—Civil Details Sheet. • the skiff group • 1103 E Las Olas Boulevard Suite 200 Fort Lauderdale Florida 33301 954/463 8900 F 954/463 8552 FL Reg. AA C000218 CG C061358 WWW.ShIi1.com "Prior to issuance of the last five certificates of occupancy, the City's landscape consultant shall evaluate the health of the preserved and relocated oak trees. If any oak trees are determined by the City's landscape consultant to be sick or dead due to improper relocation, lack of watering, lack of fertilization, or the result of failing to properly protect trees from adjacent construction; the applicant shall submit a revised landscape plan to the Community Development Department, including the payment of landscape fund fees for trees which the city landscape consultant has determined cannot be saved or replaced with new landscaping. The revised landscape plan shall be approved by the Community Development Department (based on the recommendation of the city landscape consultant) and required additional landscaping or landscape fund fees shall be paid prior to issuance of the last five certificates of occupancy. Applicant shall not be responsible for oak trees which become sick or die from causes unrelated to the actions of the applicant as determined by the city landscape consultant." "Prior to issuance of a building or site work, applicant must provide for the safe capture and relocation of any established animal populations and ensure that no negative impacts upon surrounding properties and residents will arise in connection with such capture and relocation See Ordinance 2000-001." "Applicant shall obtain the approval of the Community Development Department prior to substituting any landscape materials indicated on the approved site/landscape plan" Sin Michael ff SEP - 7 2004 President ElC CLOSING STATEMENT ROPERTY:. 4491 SW 29t° Terrace, Dania, FL 33312 I&ELLER: Winchester Associates SELLER'S Terrence L. Schaul ATTORNEY: McCarthy Duffy 180 N. LaSalle Street - Suite 1400 Chicago, Illinois 60601 PURCHASER: AMAS Development-Hidden Harbor, LLC, a Florida limited liability company Richard Coker, Jr. PURCHASER'S Coker & Feiner ATTORNEY: 644 Southeast 5`b Avenue Ft. Lauderdale, FL 33301-3104 DATE OF PRORATIONS & CLOSING: June 13, 2003 I. PURCHASE PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,900,000.00 II. CHARGES & CREDITS AGAINST PURCHASE PRICE: EARNEST MONEY 50,000.00 TITLE CHARGES (Seller's Share) 0.00 IDAXES: 2002 ($18,035.08) - PAID 2003 2003 164 days @ $49.411 to and including June 13, 2003 8,103.40 (2002 = 518.035.08 x 100% = $18,035.08 S18,035.08/365 = $49.411 day) Buyer's Credit: Security Deposit of Large House: 2,500.00 June Rent 0.00 (See attached rent roll) Total Seller's Charges: ($60,603.40Yti NET OWED TO SELLER $2,839,396.60 III. SELLER'S SETTLEINlENT $2,839,396.60 Earnest Money 50,000.00 NET TO SELLER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,889,396.60 APPROVED BY SELLER: APPROVED BY PURCHASER: S 20,300.00 a,B q, 0%, ea *Additional Seller's cost of $20,300.00 for ocumentary stamps on Deed. as Da _ a ®1 I i IIJ I; ® i I _ I®1 I I map i