HomeMy WebLinkAboutR-2002-193 RESOLUTION NO. 2002-193
A RESOLUTION OF THE CITY OF DANIA BEACH FOR A MODIFICATION OF
SITE PLAN FOR MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION
"B", INC., PHASE VI TO ALLOW SUBSTITUTION OF WASHINGTON PALMS
WITH CHRISTMAS PALMS IN FRONT OF BUILDINGS "I", "J", "K" AND "L";
PROPERTIES LOCATED AT 401 SE 3RD STREET, 431 SE 3RD STREET,441 SE
3RD STREET AND 200 SE 5T" 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
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City of Dania Beach, Florida, states that a site plan is required as a condition to the
issuance of a building permit; and
WHEREAS, Elizabeth Kennedy, President, representing Meadowbrook Lakes View
Condominium Association "B", Inc., Phase VI, , has applied for a site plan modification to
allow substitution of the Washington Palm trees in front of Buildings"I"-401 SE 3rd Street,
"J"—200 SE 5th Avenue, "K"-441 SE 3rd Street and "L"—431 SE 3rd Street, with Christmas
Palms; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That certain site plan modification to allow substitution of the
Washington Palm trees in front of Buildings "I", "J", "K" and "L" with Christmas Palms by
Elizabeth Kennedy, President representing Meadowbrook Lakes View Condominium
Association "B", Inc., Phase VI, is hereby approved, subject to the following:
(1) Meadowbrook shall be allowed to install clusters of three (3) palm trees (like
the Christmas Palms planted downtown) closer to the buildings in lieu of the removed
Washingtonian Palms;
(2) Meadowbrook Condominium shall install, elsewhere on the site, additional
taller trees (similar to King Alexander Palms 15 feet high) where Meadowbrook feels is
1 RESOLUTION NO. 2002 —193
appropriate, in lieu of the funds being paid to the Landscape fund;
(3) Or, in the alternative, Meadowbrook may install all King Alexander Palms 15
feet high or any taller tree that meets Code in lieu of the tree clusters.
Section 2. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 22nd dgofctober 2002.R HUNN, I .
MAYOR— COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA-ABSENT
CHA ENE JOH N COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY-YES
MAYOR CHUNN - YES
APPROVED AS TO F RM A CORRECTNESS:
BY: (1 l
THOMAS'J. ANSMO
CITY ATTORNEY
2 RESOLUTION NO. 2002 —193
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
•
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: OCTOBER 22, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS—SITE PLAN MODIFICATION
Meadowbrook Lakes View Condominium Association "B", Inc., Phase VI, Buildings I, J, K, L
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
Elizabeth Kennedy, President, representing Meadowbrook Lakes View Condominium
Association "B",,Inc., Phase VI, has applied for a site plan modification to allow substitution of
the Washington Palm trees in front of Buildings "I" - 401 SE 3`d Street, "J" — 200 SE 5"
Avenue, "K"-441 SE 3`d Street and "L"—431 SE 3`d Street,with Christmas Palms.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Letter from Elizabeth Kennedy, President, Medowbrook Lakes View Condo Assoc. "B"
Proposed planting diagram
Correspondence from Charles G. Thomson, 401 SE 3`d Street, Apt. 302
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Staff
Submitted by:
Laurence G. Leeds,AICP, Director Date October 14, 2002
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
.a
FROM: Laurence -
Leeds, AICP, Director
Growth Management Department
RE: Request by Meadowbrook Association "B", Phase VI to
modify site landscape plan by substituting Christmas
Palms for Washingtonian Palms adjacent to the
Buildings
DATE: October 22, 2002
In response to a complaint, staff notified representatives of Meadowbrook
Association "B", Phase VI that they had removed Washingtonian palms without a
tree removal permit. The removed trees provided were approximately 25 feet in
height (18 feet of gray wood).
® The landscape code calls for the removed trees to be replaced with one of the
following trees (Florida No. 1 Grade):
Washingtonians Palms 18 feet of gray wood.
Royal Palms: 18 foot of gray wood.
Sabal Palms: 18 feet of gray wood.
King Alexander Palms: 18 feet of gray wood.
Queen Palms*: 18 feet of gray wood.
Winin Palms**: 18 foot of gray wood.
*Queen Palms are susceptible to nutritional deficiency and sometimes develop
unattractive frizzle tops.
**Winin Palms are less than desirable since they are susceptible to lethal
yellowing.
The condominium wishes to install Christmas palms in place of the
Washingtonians. Due to their small size, the landscape code does not list
Christmas palms as an acceptable replacement tree next to mid-rise buildings
(Christmas palms are only allowed under power lines).
The City Commission has the discretion to approve Christmas palms in place of
the Washingtonians, subject to the applicant mitigating the difference in value
between the two types of trees. This means planting additional trees on-site or
making a contribution to the city landscape trust fund.
In the absence of a proposal by the applicant, the mitigation cost is $450.00 for
® every Washingtonian that is removed (Washingtonians are considerably more
expensive than the Christmas palms). The city landscape consultant indicates
mitigation could be reduced to $300.00 per removed tree and still withstand
county scrutiny.
If the applicant wishes to offer additional trees in lieu of contribution to the
landscape fund, the applicant would have to submit a landscape plan for review
by the city landscape consultant and resubmission to the City Commission. Due
to their small size, staff would not support the use of Christmas palms as
"mitigation landscaping".
RECOMMENDATION
The City Commission has three options:
1) Require the replacement of Washingtonians.
2) Allow the Christmas Palms as substitute trees and require $300.00
contribution for each discarded Washingtonian palm.
3) Allow the Christmas Palms as substitute trees and require submission
• of a revised landscape plan showing additional landscaping consistent
with the landscape code such that it can be approved by the City
Commission (Failure to install sufficient, permissible mitigation
landscaping within 120 days will require payment to the landscape
trust fund).
Cc /L,2el rl� r �1
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MEADOWBROOK LAKES VIEW CONDOMINIUM President:Elizabeth Kennedv
ASSOCIATION "B INC., PHASE VI Vice President:Robert Elam
250 S.E.FIFTH AVENUE Secretary:Angela Masuzzo
Dania Beach,Florida 33004 Treasurer.Doris Martel
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Attention: Ivan Pato
City Manager
Dear Sir:
It has been brought to the attention of the Board of Directors that
the Palmetto trees planted in front of buildings I, J, K and L of the
Meadowbrook Lakes View Condominium, Phase VI, are infested
with ants, bees and rats. We, the Board decided on having the
trees removed and replaced with Christmas Palms.
A unit owner decided the tree in front of her apartment was her
tree and called the City to report us. The Gardner, Mr. Sam
DiLiddo, who has been our gardener for many years, did the job
and I assumed he received a permit, but apparently he didn't. We
are now unable to complete the job.
I would appreciate it if you could settle this matter.
Sincerely,
Elizabeth Kennedy
President
MEADOWBROOK LAKES VIEW CONDOMINIUM President:Elizabeth Kennedy
ASSOCIATION "$ INC.. PHASE VI Vice President:Robert Elam
250 S.E.FIFTH AVENUE Secretary:Angela Masuzzo
Dania Beach,.Florida 33004 Treasurer.Doris Martel
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
September 15, 2002
Attention: Mr. Bill Tasauro
Dear Sir:
It was brought to the attention of the Board of Directors that the Palmetto trees planted in
front of buildings I, J, K and L of the Meadowbrook Lakes View Condominium, Phase
VI, are infested with ants, bees and rats. We, the Board decided on having the trees
removed and replaced with Christmas Palms.
The Gardner, Mr. Sam DiLiddo, who has been our gardener for many years, did the job
and I assumed he received a permit, but apparently he didn't. We are now unable to
complete the job.
The reason why we would like the Christmas Palm tree is that they don't grow as high as
the buildings, it will save us from having the trees trimmed twice a year, which is
expensive, they are bug free and cleaner looking. I would appreciate it if you could help
us settle this matter.
Sincerely yours,
Elizabeth Kennedy / Robert Elam Angie Masuzzo
President
Doris Martel Gloria Lancaster Eugene DiDio
Anthony Gilberti Anthony Schiavone
MEADOWBROOK LAKES VIEW CONDOMINIUM President:Elizabeth Kennedy
ASSOCIATION `B", INC., PHASE VI Vice President:Robert Elam
250 S.E.FIFTH AVENUE Secretary:Angela Masuzzo
Dania Beach,Florida 33004 Treasurer:Doris Martel
September 25, 2002
City of Dania Beach
100 W Dania Beach Blvd
Dania.Beach, Florida 33004
Attention: Mr. L Leeds
Dear Mr. Leeds:
I, Eli&-ibeth Kennedy, representing the Board of Directors of Meadowbrook Lakes View
Condominium, Phase VI, hereby request a meeting with the Commission at your earliest
Convenience.
We had some Washington Palm trees that were very tall and leaning towards the
buildings and were infested with ants and bees as well as rodents and as we were in the
hurricane season, thought it best to replace them with Christmas Palm trees.
Our gardener, Mr Sam DiLiddo, has been the gardener for many years, I assumed
he applied for a permit but apparently he didn't.
We would appreciate it if you would grant approval for a site plan modification to replace
the Washington Palms with Christmas Palm trees in front of buildings I, J, K and L.
Sincerely yours,
Elizabet Kennedy
President
Remove Washingtonia Palms*
Replace with Xmas Palms Common Name Manila (adonidia) palm
Latin Name Vieitchia Merrilli
Reason for removal many carpenter ants, rodents and bees
Meadowbrook Lakes View Condo
Association "B" Inc., Phase VI
250 S.E. 5 Ave.
Dania, FL 33004
Remove Washingtonia Palms*
Replace with Xmas Palms Common Name Manila (adonidia) palm
Latin Name Vieitchia Merrilli
Reason for removal many carpenter ants, rodents and bees
Meadowbrook Lakes View Condo
Association "B" Inc., Phase VI
250 S.E. 5 Ave.
Dania, FL 33004
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_- - _�- - Vic' _ --�- ----�'---- ------�-- --- --.� -----�.--�----�-
Remove Washingtonia Palms*
Replace with Xmas Palms Common Name Manila (adonidia) palm
Latin Name Vieitchia Merrilli
Reason for removal many carpenter ants, rodents and bees
Meadowbrook Lakes View Condo
Association "B" Inc., Phase VI
250 S.E. 5 Ave.
Dania, FL 33004
Meadowbrook Lakes View Condominiums Phase 6 _
401 Se P Street, Apt. 302 ; �, -�'_ C f�J L'
Dania Beach, Florida 33004
Telephone (954) 920-1347
Cell 954 661-3920
October 4, 2002 �—-
William Johnson
Chief Code Enforcement Officer
CITY OF DANIA BEACH
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Dear Mr. Johnson,
RE: Washingtonia Palm Tree Removal ordered by the Board of Meadowbrook Lakes
View Condominium Association Phase 6
As I mentioned to you in our conversation, I am the owner of Unit 302, 401 SE 3`d Street,
Dania Beach, Florida and I was totally aghast to see that these mature, beautiful
Washingtonia palm trees were cut down. As a third floor resident, the fronds were visible
from both my kitchen window and my front room bedroom window. My guests to
Florida staying in that room loved the tropical feel the view of the fronds gave looking
out those windows. I myself used to enjoy the view of them as I walked along the
corridors to the elevator; Now that the trees are gone the view is barren. The trees also
provided a beautiful visual relief planted in front of the building, as one either walked up
or drove up to the building.
I have had considerable experience in the development and construction completion of
Florida and Caribbean resort projects. Specifically with regard to architectural grade
landscaping, I have been responsible for managing the landscape architectural design,
procurement and installation of several hundred thousand dollars of resort landscaping. I
used Washingtonia palms extensively at the Sandal's Beaches resort in the Turks and
Caicos Islands, planting them close in to the buildings intentionally in order to reduce the
height perception and harshness of the building profile. I have photographs to illustrate
my work. I assume that was the effect the original developer of Meadowbrook was
looking for when the Washingtonia were planted, and it astounds me that the Board
orders them all down when they finally grew into a majestic size and maturity.
I'm sure the Board has provided you with its rational for cutting the trees down. As a
Unit owner, I have been told variously that the trees attracted bees, insects, rodents,
dropped seeds on the ground, attracted nesting birds who left dirt on the corridors and
that in the event of hurricanes, the trees could possibly fall on cars. For these reasons, the
trees were cut down. The reality of the situation is that flora does attract insects, birds,
and rodents and in Florida hurricanes do blow trees over. That is no reason to cut down
' architectural grade landscaping, and as I said to one of the board, "do you just plan to
pave or concrete everything over?"No answer was provided. As a third floor year-round
resident, I saw no bees, insects, birds or bird droppings, seeds or other related objects on
or near my unit.
From a process standpoint, although the Board's President told me a notice was posted
advising that a meeting was to be held on September 11 th and the tree cutting down was
on the agenda, I saw no notice posted. My immediate neighbor told me he saw no notice
posted. The Board subsequently posted a another notice, that I did see, advising that only
six people attended the September 11`h meeting. Possibly the turnout was so low because
the notices we not posted, after all. Additionally, four of my third floor neighbors (Unit
owners)have told me that had they known in advance that it was proposed that these
trees were to be cut down, and not just pruned, they would not have approved the tree
destruction. In any event, the foregoing is really a Condominium Association operational
issue and I guess requires all the unit owners to be more watchful of the Board of
Directors.
I understand that there is to be a public hearing into this matter, which may also be
attended by the City's Horticulturalist. I would be most appreciative if you or your office
could let me know when,this hearing is to be held, as I would like to attend.
Lastly, as a matter of record, I am squarely behind the City if it orders that these trees are
replaced with specimens identical to the trees that were destroyed. : 30 to 40 feet of clear
trunk, in each of the destroyed locations.
Thank you again for your interest and co-operation and I look forward to hearing from
your office as the date and time of the Public Hearing in this matter.
Yours very tn.}ly,
` Charles G Thomson