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HomeMy WebLinkAboutR-2001-005 RESOLUTION NO. 2001-005 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GARY POSNER, TREASURE COVE ASSOCIATES, LTD., FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SW 45T"STREET AND SW 27T" AVENUE (NORTH OF GRIFFIN RD., WEST OF RAVENSWOOD RD.), 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, Gary Posner, President of Treasure Cove Associates, Ltd., has applied for site plan approval for the proposed construction of 51 Multifamily Units, located at the Northwest corner of SW 45th Street and SW 27th Avenue (North of Griffin Rd., West of Ravenswood Rd.), Dania Beach; and WHEREAS, the Planning & Zoning Board on November 15, 2000, recommended that the City Commission grant the site plan request (SP-46-00), 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-46-00)for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved with the following conditions: R-SP-46-00 Treasure Cove site plan.doc 1 RESOLUTION NO. 2001-005 SP-46-00 with the following staff recommendations: 1) On-site monitoring for the duration of tree relocation period (14 months). 2) Prior to approval of building permits for any dwelling units, Developer to vacate or obtain release of 10' FPL easement to the satisfaction of the City Attorney (Also, 10 foot Utility Easement under Unit 50 shall be vacated prior to issuance of building permits for units 49 and 50). 3) Developer to provide for anticipated cost recovery funds (including cost of professional City staff time, City Landscape Consultant, and City Attorney fees relating to preparation/review of documents, deed restrictions, etc.). 4) Applicant to provide written confirmation that existing septic fields have been removed and/or disconnected to the satisfaction of the Public Works/Utilities Director. ® 5) No building permits to be issued for units 49 and 50 until proof of ownership of the adjacent 15 foot parcel on the west side is provided. It is further noted that the original Site Plan is maintained in the office of the Growth Management Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(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. R-SP-46-00 Treasure Cove site plan.doc 2 RESOLUTION NO. 2001-005 ® PASSED AND ADOPTED THIS 9T" DAY OF JANUARY, 2001. OA YWM'M I WONER ROLL CALL: ATTEST: MAYOR MCELYEA-YES ( VICE-MAYOR BERTINO-YES --1�� -� COMMISSIONER CALI-YES /SHERYL HAPMA COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-NO APPROVED AS TOO FORM AND CORRECTNESS: BY: / , 4� THOMAS J.-ANS, O • CITY ATTORNEY R-SP-46-00 Treasure Cove site plan.doc 3 RESOLUTION NO. 2001-005 City of Dania Beach Application for Site Plan Approval 100 W. Dania Beach Blvd. Dania Beach, FL 33004 (954) 924-3645 Phone r (954) 922-2687 Fax Application SP- The undersigned petitions the Growth Management Department and/or the City Commission of the City of Dania Beach to consider site plan approval on the parcel(s) of land described in this application. NAME OF APPLICANT: Treasure Cove Associates, LTD ADDRESS OF APPLICANT: 126 S. Federal Hwy. #204 fDAJIA APPLICANT PHONE & FAX: (954) 926-7705 Fax: (954) 926-2061 PROPERTY INTEREST OF APPLICANT (Please provide documentation): Owner and Developer of the Property NAME AND ADDRESS OF PROPERTY OWNER (Proof of ownership and if not the applicant— authorization letter to apply as representative ): See attached Warranty Deed & Agent Authorization letter ® ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT PROPERTY (Attach legal description if necessary): Treasure Cove-Plat as recorded in plat book 168, page 36 of the Public Records of Broward County, Florida Tax Folio # -10229-29- RECORDED PLAT NAME: Treasure Cove EXISTING LAND USE DESIGNATION medium Density EXISTING ZONING: RM -10 Gross Acreage 7.13 SQ. FT. 310,518 LOT SIZE: Net ACREAGE 5.17 SQ. FT. 225,229 DESCRIPTION OF PROJECT: A 48 Unit Townhouse gated community. 4 villa Units to be constructed in the area of existing development. LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE REQURIED TO SUPPORT THIS APPLICATION: Site plan may need a variance for setback requirement. ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION: JUN-26-2000 A:32AMt FROM-CRAVEN TNOWPSON AND ASSOC +964T3D2266 T ;?@ r a�1'JG7 NOTE: ALL SIGNATURES MUST HE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION Sworn to and subscn bed-before me Signature of Petitibner I this day of ✓%'. �r. - 1 Notary Public State�of printed Name of Notary _^ Street Address, City State & Zip a Dykes Commission E 581713 � -ZOW&A - 2OWi- Seal: Telephone Number WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE FOLLOWING: This is to certify that I am the owner of subject lands described acove in the PETITION FOR SITE PLAN APPROVAL and that I have authorized to make and file the aforesaid PETITION FOR SITE PLAN APPROVAL. Sworn to and subscnoed before me Signature of Petitioner this day of 19 Notary Public State of ( ) Printed Name of Notary Street Address, City State & Zip Commission Expires Sear Telephone Number Site Plan Fees are calculated as follows: Residential- $275.00 Base Fee,plus$8.10 per unit for the first 100 units, plus$4.40 for each unit in excess of 100 units. Non-Residential/Hotel-Motel-$275.00 Base Fee,plus$1.10 per 100 sq.ft.for the first 10,000 sq.it. plus 0.55 per 100 eq.ft.for that portion In excess of 10,000 sq.M Major revision for residential or non-residential and hotel/motel site plan—'/4 of site plan fee. In addition, a retainer in required for administrative and advertising costs-(As per Ch.28,Articie 9.60. Recovery of costs...) Minimum feo ugHIM Is$5.000.04 Sljjs the anolication fee for Non-Residential/Hotel-ARotel 'ti1ult!- family and and Site Plan Revisions Minimum few required is$3 000 00 plus thl application fee for Duplex Resiclantial W3AVcPuZZp;4mMS.zr 'oZW i � 3AV Pu MS rtt-io �' � V � �Q� - > ^ W U ` If _� ~N 1.8 Ln � Zhl'10 t'ZYI-LO L n Q - U) Itfl•l0 thl-10 ^�' 04 Il 0 a J ~ a ov t Q LO Q cn Ld m `--- S'L91-10 Y'Chl-10 O Z Q :2 n Slab bl sd J a a J V „ewS �.LU-1-1 o Q -- 3Ab pZ 2 � N W N Slod�: „il b WS t " W '3AV 41sZCtf M co a 4isZ CoIn cc - Q oo� `•R.4 R<.$.oro. ..sro rro �j '3AV 449Z MS Ir, Q ro ro rLza'co , o - 4 n i Z i rr 1. oK a o ro o ,. r U p '� o OZo-EO 5 4 9 4 o n a 4 r r o �w s7_ n v 3`� .. 41LZ MS �� a N 5 N a W = .. /Q/yy 0 1 U W > a a J lL U r > j � v i30trvd - - FIT � � m j WNVJ '3AV w 478z'� �n y _- u Mtl]4�naZ � � Y.5 av `. o AVM •�-11BZe �M5 I ZO80-1 _ N S 1 S O �k O- a A V02 o oQoo OCYD o I e sso-lo N Qo - o� .0.....:DVi v W o 60-60 oao � m �(7�mU E"UO-YO O U aa31 41sz Ms d w Ms - 1880-10 u y v, y 4300 . w MS za-lo A rtol-lo z't t r"lro°l ral-w - _ 10 :l98gS 'M00-6Z-6Z-Zti-05-66-866L 'IJ 'PJemOJe w I N" N// I _ I I I 77 ry LJ ~ r w ¢ .l� �` -IV dal �a� j j Wsr,_,_1 �_ ia'� > J 0 , v > -Av lbl, r Q J J � N i � j . �.�.Ia s ..,a .. r W I Sl�dal ��dWS) aQ �1 HflI�HIN I� Irmr 9a r > 00 Li cy, AIM I I J LL I , I :Q iui �l j I'41 _-w.old :ao-to)'Vo� 0 0 0 I00 F- W y a ® v~ 3:L)CL cD aa Q ] W J-j w2 5 wr QOJa .. I U ] i la a VI o I (� It z j cCYD al cj d2i31 'n u4 z MS! Lh ,a5 W j r e 4 F o f ,�OM 470E .'✓AS - Ai 1 run P .,;aayS '0600-6Z-6Z-ZI-0S-66-966L ` J `PJBmOJS CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: January 2, 2001 Project Name: Treasure Cove- Revised Project No. SP-46-00 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT 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 MARSHAL: Ed Tarmey UTILITIES DIRECTOR: Bud Palm ❑ CITY ENGINEER: Calvin Giordanno ❑ PLANNING CONSULTANT: Leigh R. Kerr ❑ CITY ATTORNEY: Thomas Ansbro ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton ❑ BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ ] DENIED: [ ] APPROVED WITH CONDITIONS: [ ] List conditions: Signatur Print Name C� O 2-Z Date PETITION ROUTING SHEET.doc CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: November 27, 2000 Project Name: Treasure Cove—revisions per P&Z Board Project No. SP-46-00 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT 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 MARSHAL: Ed Tarmey A)o ❑ UTILITIES DIRECTOR: Bud Palm �tQ� jCCSS ❑ CITY ENGINEER: Calvin Giordanno �� \ rlZj�PD ❑ PLANNING CONSULTANT: Leigh R. Kerr v ❑ CITY ATTORNEY: Thomas Ansbro ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton ❑ BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ ] DENIED: [ ] APPROVED WITH CONDITIONS: [ ] List conditions: Signature Print Name • Date PETITION ROUTING SHEET.doc ` n VICTORY DEVELOPMENT, INC. 126 S. Federal Hwy. Suite 204 Dania Beach, Fl. 33004 (954) 926-7705 Fax(954) 926-2061 November 17, 2000 Mr. Laurence Leeds,AICP Director of Growth Management City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,Fl. 33004 RE: Treasure Cove Yacht Club—Septic tank on west side of property. The septic tanks on the west side of the property of the property owners of the original owners are in the front yard of their property. There are only four units that have septic tanks all the others that face our property are hooked into the sewer service. The extra drain fields for the four units are just west of the road. We went over the problem with the unit owners and they said that the drain fields only take up 2 to 3 feet off the road. That is why we set back the fence three feet from the property line. We do not see this as any problem in the future as we have resolved this with the homeowners. I hope that this explanation meets with your satisfaction. Sincerely, Victory Development,I.tte� Ze- Gait'D. Poj�r O V LM P dent N O 17 r 'r' i1-nB-00 03:21pm From-CRAVEN THOMPSON 19547396409 T-747 P.02/O3 F-113 Y I T. v. 0 F'o D A N 1 Al B E At";A'Ohm Utilities and PUbllc Works Phone : 9 2 742 P. Q. Box 170 Fats: -1109 Dania Beach IFIL November 7, 2000 Ed Ploski, AICP Senior Planner Craven Thompson &Associates Inc. 3563 NW 53 St Ft Lauderdale FL 333OM31 Re : Treasure Cave Yacht Club Site Plan CTA Project No. 940088.001 (M95) tar Mr Plosld, The City of Dania Beach, Public Works Division, has no objection to the relocation of the seven (7) existing Oak trees on site;which will be relocated off site, along the road right of way of SW 27 Ave adjacent to the property. Upon the approval of the certificate of occupancy, the new homeowner will then receive the required roll out garbage container and recycling bin. Sincerely, Bert(Bud) Im, Director of Utilities/Pubic Works Division Cc: Larry Leeds, Growth Management Director • City Of Dania Beach Fire Department Bureau of Fire Prevention 100 West Dania Beach Blvd, Dania Beach, FL 33004 (954) 924-3655 (954)922-2687 FAX MEMO TO: Mr. Larry Leeds, Growth Manage nt Director FMl: Edward Tarmey, Fire Marshal Ck RE: Treasure Cove Yacht Club Site Plan Site Plan No. ON SP —46 - 00 CTA Project No. 940088.001(M94) I have reviewed and approved the site plan for Treasure Cove Yacht Club. The 12 foot egress and 24 foot ingress at Northwest 45th Street is suitable for emergency vehicles. The entrance and exit drive aisles shall be maintained "in the clear" as agreed upon with Craven Thompson Planner Ed Plosky on September 18th, 2000. Additionally, the aisle width shall not be obstructed by card reader pylons, dividing medians or any similar access control devices. The two gated emergency accesses on Southwest 271h Avenue significantly enhance fire and rescue service capability for the site. Interior service roads comply with S.F.B.C. Chapter 52, section 5211.2(g)(2)(gg) for required turn radii. Cc: Kenneth land, Fire Chief Edward Plosky, Crave Thompson File z00 TST*ON 99ZESEL6 E QW9 HOU39 HINUa TT:60 000zi17T%TT 3020 N.W,19M Street,Ft Lauderdale,F1=11 November 10, 2000 Craven Thompson and Associates. 3563 NW 53i°ST FT LAUDERDALE, FL 33309 ATTN: Edward Ploski VIA FACSIMILE: 964-739.6409 Re: Permanent Structure Installation (shadow box fence and landscaping)Within 10' Utility easement Treasure Cove Yacht Club Dania Beach, FL Dear Mr. Ploski: Please accept this letter as no objection by FPL of installation of the subject-mentioned shadow box fence and landscape. Nevertheless, if a future FPL design calls for this aforementioned area to contain FPL facilities, FPL retains the right to maintain access to said facilities, and will not be responsible for any restoration of landscaping, sod, or damage to said fence. If I can be of assistance feel free to contact me @ (954) 717-2075. Sincerely, 7uanC Guerra Wingate Service Center Service Planning Engineer 11-10-00 03:40pm From-CRAVEN THOMPSON 19547396409 T-775 P-02/02 F-230 0 %JM cem I %.a St. e"S ANDREWS AVE FT IAUDERDALE FLA.33301 Ph(954)527-6520 Fax(954)523-4062 November 10,2000 Craven Thompson&Associates I no. 3563 NW 53rd St Fort Lauderdale FI 33309-6311 Re. Treasure Cove Yacht Club Townhouse Development Dania Beach.FI (;TA project No.W058.001 X93) o Whom It May Concern: amcast Communication has no objection to the 6'sh adow box fence and andscaping within the utility easement. e understand that if we need to service our facilitles,Mthln this easement the evolopervrrill not hold Comcast Communications responsible for am problems with a fence or landscaping which might be damaged, 0 question please call me at(954)527-6620 ext 301' ely, om nstruction oordinator C:Andy Vaspasiano Construct on Manager i 11/14/2000 18:15 BROWARD SAC 97392266 NO.141 D01 ® AREL&SOUTH BellSouth Telecommonleetlone,Inc. 6801 W.Sunrlae Boulevard Plantation,Florida 33322 November 13, 2000 Mr. Edward P.,Ploski CRAVEN THOWSONA ASSOCIATES. 3563 NVV'WD ST Fort Lauderdale,Fl 33309 Re: Treasure Cove Xatcht Club Dear Mr Ploski: .Eased on the legal description and sketch that were provided,BellSouth has no objections to the installation of the 6' shadow box fence and landscaping within a portion of the utility easement as indicated. It should be noted, however,in order to provide future facilities,the owner may be required to provide easements,conduits and any support facilities that BellSouth may require. The owner will pay any and all cost associated with the removal and/or replacement of any such structure, if necessary, for the continued operations and maintenance of BellSouth facilities. If any further questions should arise,please do not hesitate to call me at(954) 476-2907. Sincerely, noel Louis Specialist OSPE § 26.25 DANIA CODE Sec. 26.25. Bond Its. Bonds,as required by this section,shall be in the form of letters of credit,certificates of deposit,cash.bond,bonds issued by an insurance company legally doing business in the State of Floridaorotheracceptable means agreeable to the city attorney. The lettersof credit and certificates of deposit shall be drawn-upon banks:or.savings and loans legally,and,actually- doing business in Florida.Such bonds must most the approval of the city attorney's office.This_ bond shall:be iataddition to any other bond required by any other governmental entity. M. Bondwothall..be-required.for licensewinvolving the replacement,of ten-(10) or more- -.or-the-relocation of five(5)or more-trees, or the relocation of any tree,with-a DBH often(10) inches or greater. (2) Calculation for the amount of bonds shall be computed based upon the equivalent canopy replacement criteria applied.Aweach street to be relocated-or:replaced, as providedin section 26.20 and upon the cost of installation and maintenance.The fair- marketvaiueof the cost of trees that.would:be required to com for.the canopy- to be related or replaced shall be posted-The bond period shall be-for the- tree-replace-mant performance period,as stated is the license or as extended or released,plus an additional sixty(60)days.The form of security shall be reviewed by the city attorney's office for legal sufficiency and may not be accepted until approved. (3I= Releassof bonds: a.. Upon successful tree relocatioa an&replacement as determined-by this article and:written approval by the:city--bones:required for tree relocationr and-replace mwit:.shall be released. Where,possible, bonds shall be partially-released for.- partially successful reloc ationtreplacement projects, with the:amount.retain. - equal to the value of the additional replacement trees required,plus installation and..maintenance. b. Bonds may be released by the city when fee simple title is transferred.The city may condition the release of the bond upon the establishment of a new bond by the new owner in fee simple. W Whery the licensee plants fifty (50) percent more than the required number of re- placxaaent trees and establishes a suitable maintenance plan to ensure-the viability of.the replacement trees, the city may recognize the additional replacement trees as suitable.security in lieu of a bond. (Ord. No. 04-94, §.1, 4-12-94) Sec._26-M EGaftaicat trees. (a) Th&steWcounty, the City of Dainimoranyhistorical preservationt.sadety recognized by:-the:_ .may request:that tbweityrdesignate a particular tree-or group of trees within:itsr' as_a historicsL.tree~.A any-property owner_mar make a similar- requestpro hgthe request is for a tree orgroup-of treeslocatedon propsrty.underhis or her- • control-or ownwabip.The request shall.cm taimthe:exact location of the.tree(s)-thername:and. Snpp.Na 61. 1564- =u� AGENDA REQUEST FORM CITY OF DANIA BEACH, AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JANUARY 9,2001 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - SP-46-00 - SITE PLAN REQUEST BY GARY POSNER, TREASURE COVE ASSOCIATES LOCATED AT THE NORTHWEST CORNER OF SW 45T" STREET AND SW 27T" AVENUE (NORTH OF'- GRIFFIN RD.,WEST OF RAVENSWOOD). 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum Resolution Review sheets from Bud Palm, Utilities/Public Works; Fire Marshal Ed Tarmey Letter from Gary Posner, relating to septic tanks Dania Landscape Code Sec 26-25 Bond requirements No objection letter from Bud Palm, Utilities/Public Works; Fire Marshal Ed Tarmey; FPL, Comcast, and Bellsouth Planning and Zoning Advisory Board Minutes Location Map Application Site Plans _ .. 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board Approved this request at their November 15, 2000 regular meeting Submitted by: Laurence G. Leeds,AICP, Director Date 01/04/2001 Growth Management Department City Manager Date STAFF REPORT 1W i GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: La�n e Leeds, AICP, Director Growth Management Department RE: SP-46-00: Treasure Cove Site Plan (Plans stamped received January 3, 2001) DATE: January 9, 2001 The subject parcel (zoned RM-10 — allowing 10 units per acre) is located at the northwest corner of SW 45th Street and SW 27th Avenue (north of Griffin Road, west of Ravenswood). The parcel contains 7.18 gross acres (5.22 net acres) and abuts an existing multifamily development directly to the west. The existing multifamily development (which was never fully completed) is also zoned RM-10. The property to the east (across SW 27th Avenue) is developed as single family. The property to the south (across SW 45th Street) is developed as single family with some duplex units. The principal project ("Treasure Cove") consists of 48 new townhouse units. Three additional "villa" units will be located on vacant land in the existing multi-family project to the west. Treasure Cove will be located in a "gated community" with access off SW 45th Street. The community will be surrounded by a six foot shadow box fence and hedge located on the outside of the fence. Additional landscaping will be provided around the perimeter of the site inside the six-foot fence. While some existing trees will be preserved on-site, other existing trees will be relocated to the swale area on the west side of SW 27th Avenue. It is hoped that these trees can be preserved for the benefit of the community. Maximum Density: The Zoning Map Designation and the Future Land Use Plan allows up to 71 dwelling units (10 units per gross acre). The site plan proposes a total of 51 units (approximately 7 units per acre). Maximum Height: The Zoning Map Designation allows the construction of three story apartment buildings up to 35 feet in height (measured to the ceiling of the third floor). The site plan proposes two-story townhouses. Page 1 TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doc Minimum Floor Area: The Zoning Map Designation allows 400 square feet apartment units. The site plan shows approximately 2000 square foot townhouses (48 units) and 1000 square foot villas (3 units). Setbacks: The site plan meets or exceeds the following setbacks Front Yard (SW 45th Street): 25 feet. Street side yard (SW 27th Avenue): 25 feet. Rear (north): 15 feet, measured from edge of seawall. Interior side (west) yard: 15 feet. Minimum distance between buildings: 15 feet. Minimum distance between private driveway and a building: 10 feet. Minimum Pervious Area: Minimum 40% pervious area is required. 42.4% pervious area is shown on the site plan. Maximum Building Coverage: Maximum 35% building coverage is allowed (excluding.. road right-of-way and boat basin). 29% building coverage is shown on the site plan. Required Parking: 112 parking spaces are required (208 tot al .parking spaces are shown on the site plan: 112 exterior parking spaces plus 96 "enclosed garage" parking spaces). Two garage spaces plus two exterior parking spaces are provided for each of the 48 . Treasure Cove townhouse units. An additional 10 guest parking spaces are provided. within Treasure Cove. Two exterior spaces are provided for each of the villa units in the . existing multi-family development. Property Ownership: The Zoning Code does not specify or regulate property ownership (ie. rental project, condominium, home-owner association). The developer indicates he intends to sell the units as part of a homeowner association ("HOA"). Staff supports an "ownership-type" development as more consistent with the surrounding neighborhood than a rental project per-se. The City Attorney should be consulted as to the enforceability of such a voluntary commitment to develop a HOA. The City Attorney has previously indicated the City cannot enforce rental restrictions for condominium units. Site Access: Treasure Cove is proposed to be a gated community with access off SW 45th Street. Alternative emergency access is shown on SW 27th Avenue. The portion of SW 45th Street adjacent to Treasure Cove will be expanded from 14 feet to 24 feet to accommodate emergency vehicles. The Fire Marshall has approved the site plan and . access arrangement (see attached Fire Marshall memo). Page 2, TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doc The following issues were outstanding at the Planning and Zoning Advisory Board Public Hearing. 1. Prior to issuance of any building permits, stake out the building locations of units #13 & #14 to verify if the existing Oak tree (#107) can be preserved in its present location (This comment has been addressed on the plan). 2. Relocate the proposed relocated Oak tree #111 outside the fire access lane.- (Done). - - 3. Provide two additional trees or 6 palms to obtain the required amount of 144 trees for the site. The current plan exhibits 136 proposed trees and 6 relocated trees for a total of 142 trees (Done). 4. Provide an automatic underground irrigation system in the R.O.W. area for the proposed relocated Oak trees. This irrigation system is in addition to the: temporary irrigation system for the establishment of the relocated trees to the: satisfaction of the City of Dania Beach Landscape Inspector (Done. This,- comment has been noted on the plan). 5. Change the Botanical name of the Solitare palms from Quercus virginiana to Ptychosperma elegans (Done). • 6. Change the Tabebuia heterophylla from 8 to 9 on the plant list (Done). , 7. Change the Clusia rosea from 14 to 25 on the plant list (Done). 8. Revise the proposed Callistemon viminallis to a higher elevation of the retention area. Additionally, add a note or exhibit the proposed Coccoloba diversifolia and the one relocated Oak to be outside the retention areas (Done). 9. Revise the watering note to state the relocated trees will be watered everyday- until a field determination by the City of Dania Beach Landscape Inspector reveals that reducing the watering rates will be warranted (Done. This comment has been noted on the plan). 10.Applicant to comply with Section 26-25 of the Landscape Code (attached) prior to issuance of a building permit (See staff recommendation). Section 26-25 calls for the developer to provide a letter of credit, certificate of deposit, cash bond, or other form of security acceptable to the City Attorney, equal to the replacement value of relocated trees. i k 2 Page 3 TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doo The relocated trees vary from 20" to 40" in diameter. If some or all of the trees do not survive the relocation period (14 months after replanting), and a bond or other form of security has been posted, the Landscape Code requires new trees to be installed. The value of the new trees shall be equal to the "canopy replacement value" of the trees being replaced. As such, the Landscape Code allows the developer to install several small, young trees (as little as 2" trunk diameter) to meet the "replacement tree canopy" requirement. If the developer cannot meet the canopy replacement value with new trees (due to limited space in the swale along SW 27t" Avenue or SW 45th Street), the developer would have to contribute the balance in cash to the City Landscape Trust Fund. The replacement value of the relocated trees is approximately $141,000.00, As an alternative to providing a cash bond, the developer has suggested the following: 1) Pay for the cost of having the City Landscape . Consultant provide continuous on-going monitoring of relocated trees during the relocation process and relocation period (this alternative recommended by the Planning and Zoning Advisory Board), or, 2) Provide a "performance bond" (in a form acceptable to the City Attorney) to assure tree replacement in the event that some or all of the trees do not survive (It is difficult to estimate the cost of such an instrument, but it should be less than $141-,000, if such an instrument can be obtained). The Building Official suggests a "letter of credit" as an alternative to a performance bond. If all trees survive 14 months, the cash bond, performance bond, or letter of credit would be released. The City would have no recourse against the developer (or future property owners) for tree death or disease occurring after 14 months of relocation. 11.Provide written approval from the City of Dania Beach Public Works Director of trash removal procedure (See attached memo from Bud Palm, Utilities/Public . Works Director approving the use of"individual"roll-out trash containers). 12.Provide written approval from Fire Marshall of general and emergency vehicle access (See attached memo from Fire Marshall approving the site plan showing principal access on SW 45th Street and emergency alternative access on SIN 27th Avenue). Page 4 TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doc ® 13.Applicant to consider reasonable off-site landscape improvements for two single- family homes located directly opposite project the approach on SW 45th Street, subject to the consent of the affected property owners. Refer to developer. 14.The site plan indicates a 10' FPL easement under units 19-26, and a 10 foot Utility Easement under Unit 50. These easements must be vacated and/or released pursuant to the approval of the City Attorney prior to issuance of building permits. 15.Payment of outstanding and anticipated cost recovery funds prior to building permit approval. To be provided prior to building permit. 16.Building material color samples have not been provided. Applicant has indicated he will provide sample building material colors or color architectural rendering. 17.Septic drain fields servicing eight existing villa units are located within the Treasure Cove site plan. The applicant indicates that he intends to remove/disconnect the drain fields after he has connected eight villa units to sanitary sewer. These septic fields shall be removed/disconnected to the satisfaction of the Public Works/Utilities Director prior to issuance of building permits. • 18.Staff supports an "ownership-type" development as more consistent with the surrounding neighborhood than a rental project. Refer to City Attorney. 19.Developer proposes to widen the pavement on SW 45th Street between the two cross streets to 24 feet in width. Quite often, improvements within or adjacent to public rights-of-way (roads, sidewalks, swale landscaping, etc.) are not completed until the end of the development process. Applicant should clarify when these improvements are to be completed. 20.Applicant has provided letters of no objection to installation of shadowbox fencing and landscaping within easements along the project perimeter. However, affected easement holders indicate that they will not be responsible for restoration of fencing or landscaping should such items need to be removed. Refer to developer. STAFF RECOMMENDATION Approval, subject to resolving the following before issuance of any building permits: 1) Developer to comply with Section 26-25 of the Landscape Code (ie. cash bond, performance bond, or letter of credit, etc.), as directed by the City Commission, or in the alternative, and at the discretion the Commission, developer to provide for on-going landscape inspection during the tree relocation period. Page 5 TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doc 2) Prior to approval of building permits for any dwelling units, Developer to vacate or obtain release of 10' FPL easement to the satisfaction of the City Attorney (Also, 10 foot Utility Easement under Unit 50 shall be vacated prior to issuance of building permits for Units 49 and 50). 3) Developer to provide for anticipated cost recovery funds (including cost of professional City staff time, City Landscape Consultant, and City Attorney Fees relating to preparation/review of documents, deed restrictions, etc.). 4) Applicant to provide written confirmation that existing septic fields have been removed and/or disconnected to the satisfaction of the Public Works/Utilities Director. In addition, applicant should clarify the following: a) The completion date of public right-of-way improvements (SW 45th Street, sidewalks, and swale landscaping). b) The construction entrance(s) to the project and the estimated duration of construction. c) Generalized building colors. d) Prospective purchasers should be informed that they are responsible for the maintenance of relocated trees in swale area, all on-site and perimeter landscaping and fencing, onsite roadways and retention areas. Prospective purchasers should also be informed that the project is private community, and as such, the City has no plans or obligations to construct sidewalks or streetlights inside the project, and that the maintenance of the interior . infrastructure and roadways is the responsibility of prospective purchasers. Staff has also requested the applicant provide reasonable landscaping for two single- family homes located directly opposite the project entrance/exit on SW 45th Street, subject to the consent of the affected property owners. The City Attorney should be consulted on the enforceability of a voluntary deed restriction limiting the development to a home-ownership association type community. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval subject to the following: 1) Conditions 2-4 above, and Page 6 TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doc y� 2) As an alternative to providing a cash bond, letter of credit, etc., require the i developer to reimburse the City for the cost of the City Landscape Consultant providing on-going monitoring of relocated trees during the relocation process and 14 months relocation period. All other Planning and Zoning Advisory Board issues have been addressed in the latest plan revision. • Page 7 TREASURE COVE STAFF REPORT CITY COMMISSION STAFF REPORT 010901.doc