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HomeMy WebLinkAboutR-2001-104 RESOLUTION NO. 2001-104 • A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY KEVIN GUTHARD, REPRESENTING SHERIDAN EAST LLC, FOR PROPERTY LOCATED AT APPROXIMATELY 625 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Kevin Guthard, representing Sheridan East LLC, has applied for site plan approval for the proposed construction of a 44 unit apartment complex, to be located at approximately 625 East Sheridan Street, Dania Beach; and WHEREAS, the Planning &Zoning Board on May 16, 2001, recommended that the City Commission grant the site plan request(SP-26-01), 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-26-01) 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 prior to issuance of any building permits: a) The plat shall be recorded; b) Applicant shall obtain written approval from the Public Works/Utilities Director to construct landscaping on easement areas; c) Applicant shall provide a plan for the rear yard landscape area; d) Applicant shall provide a construction detail of pervious turf block; ® e) Applicant shall dedicate the $47,560.00 local park fee. R-sp-26-01 SHERIDAN LLC site plan.doc 1 RESOLUTION NO. 2000-104 f) Prior to issuance of a Certificate of Occupancy, applicant shall comply with ® Fire Rescue access requirements. And 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. PASSED AND ADOPTED THIS 12T" DAY OF JUNE, 2001. PAT FLURY MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO-YES COMMISSIONER McELYEA-YES C ARLENE JO NN ON COMMISSIONER MIKES-NO ACTING CITY CL RK VICE-MAYOR CHUNN-NO MAYOR FLURY-YES APPROVED AS T9 FORM AND CORRECTNESS: BY: '--v � - ,% TH,O ,As J.`'A SBRO CITY ATTORNEY R-sp-26-01 SHERIDAN LLC site plan.doc 2 RESOLUTION NO. 2000-104 City of Dania Beach Application for Site Plan Approval ® 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Date- (954) 924-3645 Phone6 _ O� (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:%U'l LI, C e o'tat a.✓ ASSoCtjes 1<e.%t1 n 60+ and) ADDRESS OF APPLICANT: i+o o se 3r1 AJe wje, .yllcA- C3P_C�C,�. '+L, 3306L- APPLICANT PHONE & FAX: Fouic �2,5- Z t 71 PROPERTY INTEREST OF APPLICANT (Please provide documentation): &0 NAME AND ADDRESS OF PROPERTY WNE (Proof of ow ership and if n t the ap icant— authorization letter to apply as representative ): s Q� L ✓ Q Sod ✓1G . —10 f Ida �C! t 3 Z ADDRESS, TAX FOLIO NUMBER AND LEGAL DESCRIPTION OF SUBJECT PROPERTY (Attach legal description if necessary): ,4pp�o 2��� � Q j'-% avk 0."�G��-U� RECORDED PLAT NAME: EXISTING LAND USE DESIGNATION: LoAgt(C--1 c,j EXISTING ZONING: `3 LOT SIZE: ACREAGE 2 • 0764 SQ. FT. 0 DESCRIPTION OF PROJECT: �'`f" hl1 c.k ft G e' Q'I�S LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE REQURIED TO S1UPPORT THIS APPLICATION: J6 �!o Cc�� cv 2 aJ t.A S &Cp- Der uVe�<< v�(� here 2 . a/ l<i s e �er w ,j i i 5 e l�� ANY OTHER INFORMATION IN SUPPORT OF THIS APPLICATION: NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION . Sworn to and subscribed before me Signature of Petitioner this day ofDr� r _ Notary` ublic State of a" ) P inted Name of Notary Street Address, City State & Zip c rqA Expir . CIO 3 �.N o M�fialo Ev. iusoizoos Telephone Number t� No.CC 867897 wuMy Kwow" (1 Otlw I.D. 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 above 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 subscribed before me Signature of Petitioner this day of 19 Notary Public State of ( ) Printed Name of Notary Street Address, City State &Zip Commission Expires Seal: Telephone Number Site Plan Fees are calculated as follows: Residential - $275.00 Base Fee, plus$8.80 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.ft. plus 0.55 per 100 sq.ft.for that portion in excess of 10,000 sq.ft. Major revision for residential or non-residential and hotel/motel site plan—1/2 of site plan fee. In addition, a retainer is required for administrative and advertising costs-(As per Ch.28,Article 9.60. Recovery of costs...) Minimum fee required is $5,000.00 plus the application fee for Non-Residential/Hotel-Motel, Multi- family and and Site Plan Revisions Minimum fee required is$3,000.00 plus the application fee for Duplex Residential • Data Display for Folio Number Page 1 of 2 • � r BROWARD COUI n-7 PROPERn'APPRAISER NO Previous Next View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site Not Available Address Legal Description Property ID# 2-51-42 POR OF SW1/4 OF SEC 2 DESC AS: COMM SW COR 514202000242 SAID SEC 2,E 834.86 N 196.43 TO POB CONT N 484.82 TO INTERSEC WITH SLY LINE OF LEND LEASE PLAT NO Millage Code ONE,E 166.54,S 631.74,W 61.93,N 145.37,W 103.31 TO POB 0443 Property SHERIDAN EAST APTS LTD Use Code Owner %TRAFALGAR ASSOCIATES 00 Mailing 701 WATERFORD WAY STE 110 Address MIAMI FL 33126 Property Assessment Values Year Land Building Land Value AG Total Tax Current 338,200 338,200 2000 .00 1999 .00 Save Our Exemptions Home Value Type Wid/Vet/Dis Homestead Non-Exempt 338,200 Sales History Land Calculations Date Type Price Book Page Price Factor Type 07/00 WD 410,000 30707 729 3.75 90,187 SF ® http://www.bepa.net/bcpa/owa/results.folio_out 4/16/2001 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. I. DATE OF COMMISSION MEETING: JUNE 12, 2001 2. DESCRIPTION OF AGENDA ITEM: SP-26-01 —SITE PLAN REQUEST BY KEVIN GUTHARD, REPRESENTING SHERIDAN EAST LLC, FOR PROPERTY LOCATED AT APPROXIMATELY 625 EAST SHERIDAN STREET. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Contract for Sale and Purchase (Sheridan 600, Inc. / Richard H. Uecker) Property Tax Record Code Section - Article VI Dedication of Land for Parks, Open Spaces, and Recreational Areas Code Section - Ordinance Prescribing Pervious and Impervious Land Area Ratios...Stormwater Staff Comment Sheets (Fire Marshal and Public Works Utilities Director) Resolution Site Plan Application Site plans 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their May 16, 2001 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date June 6, 2001 Growth Management Department City Manager Date • GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Jason Nunemaker, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: June 12, 2001 RE: Site Plan (SP-26-01) to Construct a 44 Unit Apartment Building (Applicant: Trafalgar Associates) The applicant proposes to construct a four-story 44-unit apartment building on an approximate 2.0-acre parcel. The site is located west of Sheridan Ocean Club apartments and north of an existing veterinary clinic fronting on Sheridan Street. The property is approved for up to 44 dwelling units under existing RM-3 zoning. The site abuts apartment buildings to the east and north, and vacant multi-family property to the west. The site can be accessed only from Sheridan Street. The access drive is also intended to serve the adjoining multifamily land to the west (when developed) and the veterinary clinic fronting Sheridan Street. Pavement striping plans indicate that eastbound traffic on Sheridan Street will not be permitted to turn directly left into this development. Eastbound traffic will be required to drive past the site, enter the stacking lane for Sheridan Ocean Club, and make a u-turn onto westbound Sheridan to enter the project. Pavement marking and right-of-way access on Sheridan Street are under the jurisdiction of the Florida Department of Transportation. The proposed apartment building contains 32 two-bedroom and 12 one-bedroom dwelling units. A six-foot wall is proposed adjacent to the Veterinary Clinic. Staff has requested the applicant provide a sidewalk along Sheridan Street. Staff has also requested a walkway leading from the proposed apartment building to Sheridan Street. Both items have been provided. Applicant has met the 40% landscape requirement in part by using "pervious turf blocks" in parking areas. Section 28.10 (a) (2) (b) of the Zoning Code (attached) allows pervious paving blocks to meet the 40% landscape requirement in "overflow parking areas, park and recreation parking areas, and residential areas." The subject parcel is zoned RM-3 multi-family residential. Applicant represents that that dumpsters will be located inside the building and wheeled out to parking areas for pickup. SHERIDAN 600 SITE PLAN CC 061201.doc Fire-Rescue indicates tentative approval, subject to "field checking" the completed Mparking lot. Any additional field changes must be addressed prior to issuance of the Certificate of Occupancy. Chapter 19 (Article IV) of the City Code requires person's platting land for "residential purposes" to dedicate to the city, land for parks to meet the needs created by their development. Where dedication of land is not feasible due to the small size of the platted parcel, the applicant shall dedicate 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). Based upon the formula, applicant is required to dedicate 0.24 acres for Public Park. Since 1/4 acre is to small for Public Park purposes, staff recommends applicant dedicate the fee as indicated in the City Code. Based upon a gross site area of 2.0674 acres (derived from the plat), applicant's 0.24- acre park dedication represents 11.6% of the site. 11.6% of the parcel purchase price ($410,000.00 — see attached contract) is $47,560.00. Applicant is required to submit this to the City prior to issuance of any building permits. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Prior to issuance of any building permits: 1 The plat shall be recorded. 2) Applicant shall obtain written approval form the Public Works/Utilities Director to construct landscaping on easement areas. 3) Applicant shall provide a plan for the rear yard landscape area. 4) Applicant shall provide a construction detail of pervious turf block. 5) Applicant shall dedicate the $47,560.00 local park fee. Prior to issuance of a Certificate of Occupancy, applicant shall comply with Fire-Rescue access requirements. SHERIDAN 600 SITE PLAN CC 061201.doc CO'?TRACT FOR SALE AND P REALTr PARTIES: Richard H. UeCker t er"), of 625 East Sheridan Street, Dania, Florida 33004 (Phone) ("Sell and Sheridan 600, Inc. , a Florida corporation, or assigns C'Buyer'), of 6505 Blue Lagoon Drive, Suite 25Q, Miami, Fl 33126 (Pnone)305-265-1771 hereby agree that Seller shall sell and Buyer shall buy the following described Real Properly and Personal Property(collectively"Property")upon the following terms and conditions,which Include Standards for Real Estate Transactions("Standard(s)")on the reverse side hereof or attached hereto and riders and addenda to this Contract for Sale and Purchase("Contract"). I. IPTION: I description of the Real Property located ingrown rA County,Florida: attar ed Exhibit "A" 1i01-i^- 1909-00-02410 (b) Street address,city,zip,of the Property is: vwnanJ- I mnel ai- ;gpi l nXirtatnly Chcaririnn Gt and 6th Aue (c) Personal Property: none H. PURCHASE PRICE...................................................................................$ PAYMENT: (a)Deposit held in escrow by Seller in the amount of$ 9A,000_00 (b)Additional escrow depcsit tobemde iU,tn days aP,a ETeciive Date(as defiueu in Paragraph iii)in the amount of$ (c)Subject to AND assumption of existing mortgage in good standing in favor of having an approximate present principal balance of...................................................... $ (d) Purchase money mortgage and note to Seller(see addendum)in the amount of..................................$ (e)Other. S (f)Balance to close by U.S.cash,LOCALLY DRAWN certified orcashier's check or third-party loan,subject to adjustments orprorationsS IL TIME FOR ACCEPTANCE OF OFFER;EFFECTIVE DATE;FACSIMILE: If this offer is not executed by and delivered to all parties FA F :XECU1'ION communicated in writing between the parties on or before AUCJu3t 24, 149c1 ,the deposit(s)will at Buyers option,be returned .nd this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed this offer. facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as originals. V. FINANCING: (a)If the Purchase Price or any part of it is to be financed by a third-party loan,this Contract is conditioned on Buyer obtaining a written commitment within days after Effective Date for(CHECK ONLY ONE):[ ]a fixed;[ ]an adjustable;or[ ]a fixed or adjustable rate loan in the principal amount of $ ,at an initial interest rate not to exceed %,discount and origination fees no to exceed %of the principal amount,and fora term of years.Buyer will make application within days after Effective Dale and use reasonable diligence to obtain a loan commitment and,thereafter,to satisfy terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or fails to waive Buyers rights under this subparagraph within the time for obtaining a commitment or,after diligent effort, fails to meet the terms and conditions of the commitment, then either parry thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or (b) The existing mortgage described in Paragraph 11(c), above, has (CHECK ONLY ONE): [ ) a variable interest rate; or [ ) a fixed interest rate of per annum. At time of title transfer, some fixed interest rates are subject to increase; if increased, the rate shall not exceed %per annum. Seller shall, within days after Effective Date, furnish a statement from each mortgagee stating the principal balance, method of payment,interest rate and status of mortgage. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application and diligently complete and return it to the mortgagee. Any mortgagee charge(s) not to exceed S shall be paid by Buyer.If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in interest rate or excess mortgage charges. TITLE EVIDENCE: At least 3(days before closing date,but no earlier than days after Seller receives written notification that Buyer has obtained e loan commitment or has been approved for the loan assumption as provided in Paragraphs IV(a)or(b),above,or,if applicabit:,waived the financing requirements, 'HECY ONE):[yj Seller shall, at Sellers expense, deliver to Buyer or Buyer's attorney; or [ ] Buyer shall at Buyers expense obtain 'HEC ONE): ]abstract offitle;or[ ]title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after ,ising, ers policy of title insurance. I. CLOSING DATE:Thistransactionshallbeelosedandthedeedandotherclosingpapersdeiiveredon qam addendum iless modified by other provisions of this Contract. H. RESTRICTIONS;EASEMENTS;LIMITATIONS:Buyer shall take title subject to:comprehensive land use plans,zoning,restrictions,prohibitions and other quirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in idth as to the side lines,unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Property r purpose(s). Ill.OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller;but if Property is intended to be rented or occupied beyond closing,the �t and terms thereof and the tenant(s)or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing less otherwise staled herein. If occupancy is to be delivered before closing,Buyer assumes all risks of loss to Property from date of occupancy,shall be responsible d liable for maintenance from that date,and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. . TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of s Contract in conflict with them. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): (a)[ )COASTAL CONSTRUCTION CON7 ROL LINE (d) [ ]VA/FHA (g) ( ] HOMEOWNERS'ASSOCIATION DISCLOSURE (b)[ )CONDOMINIUM (e) [ ]INSULATION (h) [ ) RESIDENTIAL LEAD-BASE HAZARD DISCLOSURE (c)[ ]FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (f) [ ]"AS IS" (i) [ ] ASSIGNABILITY: (CHECK ONLY ONE):Buyer[ ]may assign and thereby be released from anv further to i itv un er t is on nN;2 may 2ssign but not be _aced from liability under this Contract;or( J may not assign this Contract. I. DISCLOSURES: (a)Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.Additional intonnation regarding Radon or Radon testing may be obtained from your County Public Health unit. (b)Buyer may have determined the energy efficiency rating of the residential building,if any is located on the Real I'mpery. (c)If the Real Property includes pre-1978 residential housing then Paragraph X(It)is mandatory. 11.MAXIMUM REPAIRR^OSTS:Seller shall not be responsible for payments in excess of (a) S for treatment and repair under Standard D(if blank,then 2%of the Purchase Price). (b) $ for repair and replacement under Standard N(if blank,then 3%of the Purchase Price). V.SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,attach addendum and CHECK HERE[ J. IS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA A TION OF REALTORS AND THE FLORIDA BAR. proval does not constitute an opinion that any of the terms and conditions in this 'ontrac should be accepted by the parties in a particular transaction.Terms and conditions should be negotiated based upon the resppective interests, h'ecti es and Is ill os u s of all interested persons. PYRIGHT 1995➢Y TIIE FLORIDA BAR AND THE If ASSOCIA EAL"ORS 9 c yer ridan 60 , Inc. �1(Ila t eT VMTcMichard ecker ate ial SOT Tax I.D.# Social Security or Tax I.D.# yer (Seller) ate ial Security or Tax I.D.# Social Security or Tax I.D.# iosil under Paragraph If(a)received;IF OTHER THAN CASH,THEN SUBJECT TO CLEARANCE. (Escrow Agent) OKER'S FEE:The brokers named below,including listing and cooperating brokers,are the only brokers entitled to compensation in connection with this Contract: me: Listing Broker none Cooperating Brokers,r any none R/BAR-4 REVISED 12/95 Data Display for Folio Number Page I of 2 AW,LLLAA1 ALM cFla, l�s�� BROWARD COUNTYPROPERM APPRAISER Previous Next View Map Assessed values shown are NOT certified values to change before final certification for ad valorem tax purposes Site Not Available Address Legal Description Property ID# 2-51-42 POR OF SW 1/4 OF SEC 2 DESC AS: COMM SW COR 514202000242 SAID SEC 2,E 834.86 N 196.43 TO POB CONT N 484.82 TO Millage_Code INTERSEC WITH SLY LINE OF LEND LEASE PLAT NO ONE,E 166.54,S 631.74,W 61.93.N 145.37,W 103.31 TO POB 0443 Property SHERIDAN EAST APTS LTD Use Code Owner %TRAFALGAR ASSOCIATES 00 Mailing 701 WATERFORD WAY STE 110 Address MIAMI FL 33126 Property Assessment Values Year Land Building Land Value AG Total Tax Current 338,200 338,200 2000 00 1999 .00 Save Our Exemptions Home Value Type Wid/Vet/Dis Homestead Non Exempt 338,200 Sales History Land Calculations Date Type Price Book Page Price Factor Type 07/00 WD 410,000 30707 729 3.75 90,187 SF Adj._BI_dg.S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe LLL'L' LULL al,Ll'' LLI;,I l ,' Copyright©2000-Broward County Property Appraiser's Ortice http://www.bcpa.net/bcpa/owa/results,folio_out 4/10/2001 § 19-71 DANIA CODE • ARTICLE VI. DEDICATION OF LAND FOR PARKS OPEN SPACES AND RECREATIONAL AREAS* Sec. 19-71. Requirement; formula for dedication. All persons platting land for residential purposes with the City of Dania shall be required to dedicate to the city, land to be used for parks, passive or active open space or recreational purposes, to meet the needs created by their development and use of the land according to the following formula: ' I 3 Acres ( ) ( ) _ Acres 1,000 Pop. " No. Units X PersJUnits Dedication Density in dwelling units per gross acre Estimated number of persons of residential land area per dwelling unit From 0 up to 1 3.3 Over 1 up to 5 3.0 Over 5 up to 10 2.5 Over 10 up to 16 2.0 Over 16 up to 25 1.8 Examples: A single-family development of one hundred (100) acres at a density of 4 dwelling uniWacre: 3 Acres X 400 X 3.0 = 3.6 Acres 1,000 Pop. Units Pers./Units (Ord. No. 08-91, § 1(1, 2), 2-26-91) Sec. 19-72. Payment of fee in lieu of dedication. Where such dedication is determined by the city to be not feasible because of the size of land to be platted the developer shall in lieu thereof pay to the city a fee, the amount of such fee to be based upon the fair market value of the land which would otherwise be required to be dedicated, as determined by the city commission based upon current appraisals, or if the developer objects to such amount of evaluation he may,at his own expense,obtain an appraisal of the property by a qualified real estate appraiser,which appraisal may be accepted by the city commission if found reasonable, or the city and developer may agree as to the fair market value. (Ord. No. 08-91, § 1(3), 2-26-91) *Editor's note—Ord. No. 08-91, § 1, adopted Feb. 26, 1991, did not specify manner of codification; hence, inclusion as Art. VI, §§ 19-71-19-74, was at the discretion of the editor. Supp. No.68 1170 PLANNING AND DEVELOPMENT § 19-73 Sec. 19-73. Maximum total dedicated land and maximum required public dedicated land. (a) In any event, the maximum total percentage of any plat which shall be required for dedication for public parks, open space or recreational purposes shall be as follows: (1) Single-family: Six (6) percent. (2) Townhouse: Twelve (12) percent. (3) Multifamily: 'Twenty(20) percent. (b) Where the formula set forth in section 19-71 above requires the dedication of more than six (6) percent of any plat, such additional requirements over and above said six (6) percent r private parks, pen may be exempted by the city commission dbt at such way of edits landas toebeoprivately owned and space or recreational purposes, p maintenanceership and maintained by the future residents of thefpolantltacceptable d a table to thea, such e c ty attorney and the following secured by the appropriate documents in P standards are met: (1) That yards, court areas, setbacks and other specific, defined open areas required to be maintained by the appropriate zoning and/or building regulations shall not be included in the computation of such private open space;provided,however,that the foregoing is not meant to imply that because a certain percentage of open space is required by any such regulations,the total amount of such required open space is precluded from being considered in the computation of private open space, but rather only specifically required open areas such as yards, front, rear and side setback areas and other such specific areas are to be excluded; and ely provided (2) That the private ownership and mom table Po the city;tenance of the oen space land determined based for by written agreements and documents acceptable upon maximum density allowable according to zoning and land use plans governing the property; such dedication or payment shall be completed before the issuance of building permits shall be authorized by the city; and (3) That the use of such private open space is restricted to park, open space and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the city commission after public hearing; and (4) That the proposed private open space is reasonably adaptable for use for park, open space and recreational purposes,taking into consideration such factors as size, shape, topography, geology access and location of the private open space land; and (5) That the facilities proposed for the park, open space and recreational use are in lsubstantial accordance with the recreational needs of the future residents of the plat 1 as determined by the city commission,the recommendation of the planning and zoning board and the appropriate city departments; and I Supp. No.68 1171 § 19-73 DANIA CODE (6) That the percentage of credit to be given for golf courses and passive es and waterways shall be set at a minimum of twenty(20)percent to a maximum of sixty (60) percent by the city commission, based on their determination of the extent of which such items meet the recreational, park and open space needs of the future residents of the proposed plat, after a recommendation from the planning and zoning board and the appropriate city departments. (Ord. No. 08-91, § IN), 2-26-91) Sec. 19-74. Deferral of land dedication pending submission of final site plan. If the developer does not submit a final site plan at the time of platting, the dedication of land for parks, open space and recreational purposes, as required by this article, shall be deferred until a final site plan is approved prior to issuance of building permits, required land to be dedicated shall be computed based on such final approved site plan, and such required dedication shall be completed before the issuance of building permits shall be authorized by the city. Furthermore, any approvals granted to master plans, construction plans,preliminary plats and final plats for which dedication of park,open space or recreational land is deferred because of the absence of a final site plan, shall be understood to be expressly conditional upon meeting the dedication requirements of this article for park, open space and recreational land which were in effect at the time of the approval of final plat, and such condition shall be clearly written on the plat by the developer, provided, however, that the absence of such statement from the final plat, as approved b the city, deemed a waiver of the dedication requirements of this article.Y shall in no way be (Ord. No. 08-91, § 1(5), 2-26-91) Supp. No. 68 1172 [The next page is 12131 1k ORDINANCE NO. 20-99 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PRESCRIBING PERVIOUS AND IMPERVIOUS LAND AREA RATIOS TO ALLOW FOR THE EFFECTIVE DRAINAGE OF STORMWATER; AMENDING CHAPTER 28, ENTITLED "ZONING', OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA BY CREATING ARTICLE 28, TO BE ENTITLED "PERVIOUS AND IMPERVIOUS AREAS", AND CREATING CODE SECTION 28.10, TO BE ENTITLED "IMPERVIOUS LAND AREA REQUIREMENTS"; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the Code of Ordinances of the City of Dania Beach is amended by adding Article 28, to be entitled "Pervious and Impervious Areas", and creating Code Section 28.10, to be entitled "Impervious land area requirements", which shall read as follows: ARTICLE 28.10 PERVIOUS AND IMPERVIOUS AREAS Sec. 28.10 Impervious land area requirements (a) To effectively . provide for the drainage of stormwater, the area of land covered by buildings, structures and impervious surfaces shall not exceed seventy percent (70%) for industrial uses, seventy percent (70%) for commercial uses and sixty percent (60%) for residential uses. For the purpose of this requirement, all other uses such as, but not limited to, utilities, transportation and office parks, shall be included in the commercial use category. In mixed use developments, the most restrictive of the applicable impervious area limitations shall be utilized. For purposes of this ordinance, "impervious" shall mean and refer to any area or part of any parcel of land that has been modified to reduce the natural ability of land to absorb and hold rainfall. Any placement of material which prohibits penetration by liquids or other soluble materials results in the creation of an impervious area. For purposes of this ordinance, "pervious" shall mean the opposite of PAGE 1 ORDINANCE NO. 20-99 "impervious" as defined and described above in this ordinance. (1) Subject to compliance with all other city ordinances, pervious areas may be used to satisfy requirements for landscaping and setbacks, buffer strips, drain fields, passive recreation areas and any other purpose that does not require covering with a material that prevents infiltration of water into the ground. (2) In the case of the use of impervious material which does not cover all the surface to which it is applied, credit towards the computation of the pervious area shall be given according to the percentage of pervious area that is retained. (a) Pervious paving blocks may not be used within principal or major driveways, loading zones, or actively used parking stalls in commercial or industrial developments. (b) Pervious paving blocks may be used in overflow parking areas, park and recreation parking facilities and residential areas. In all cases in which pervious paving blocks are used at locations where pedestrian traffic is prevalent, the block voids shall be planted with a nonrunner specie of grass such as, but not limited to, zoysia or bermuda grass. (3) In those cases in which city ordinances may allow some required parking stalls to be grassed, no credit towards the computation of pervious area shall be granted for such areas. (4) Upon demonstration by an applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or surrounding land uses are present, the City Commission may permit variation from the impervious area standards, subject to the following limitations: (a) Variation from the impervious requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engineering and landscaping standards. If a variation is PAGE 2 ORDINANCE NO. 20-99 granted, the impervious area shall not exceed eighty-five percent (85%) for industrial uses, eighty percent (80%) for commercial uses and seventy percent (70%) for residential uses. (b) Mitigating design improvements may include the use of grassed retention basins and swales to aid in the filtration of storm water runoff or any combination of the foregoing. Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its 0 passage and adoption. PASSED AND ADOPTED on first reading on August 10, 1999. PASSED AND ADOPTED on second reading on August 2 , 1999. ATTEST: ROV .-G 'SHERYL C APMAI- HN 13ERTINO ACTING CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNES/ THOMAS/J. ANSBRO CITY ATTORNEY GAWPFILESMIENTSMANIMORDS MISMSTORMWATER ORD MSW.doc 8/30/99 0 PAGE 3 ORDINANCE NO. 20-99 _ CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: May 30, 2001 Project Name: Sheridan 600 (Revised) Project No. SP-26-01 /VA-25-01 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: Cynthia Bertschinger ❑ CITY ATTORNEY: Thomas Ansbro ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton ❑ BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ ] DENIED: [ J APPROVED WITH CONDITIONS: [ X J List condi �ons: t s ass i l�l.a Signature Print Name Date PETITION ROUTING SHEET.doc dC 11: 39 F.-k1 954 921881.; CALVIN GIORD_1\U 4001 Calvin, Giordano 5 Associates. Inc. ® Engineers Surveyors Planners a 1800 UerDrive, Suite 600 • Fort Lauderdale, Florida 33316 Phone: 954-921.7-81 Fax: 954.921.880? FACSIMILE TO: TARMEY DATE: 5/24/2001 FAX: 954.922.2687 FROM: LEONARDO RODRIGUEZ, P.E. No.Pg's: 2 RE: SHERIDAN 600 FIRE ACCESS CC: FILE PROJ. #: 99-2063 Hard copy follows by ❑ mail Fed-X courier � No Hard Copy Ed, ® If you could please review the fire access for Sheridan 600. Please contact me if you have any questions. Thank you. • If there is a problem concerning this transmission, please call 954-921-7781. (!} W to a Cl) w cn I .e° cr .Jat 0 a are. W e LAJ s J QQ U 0000 e of �N o _ Q Ufa a cr- e j 'I An 8p 15 Z60t7Lt °! v r v! d Q r I 0'SZ ; AZ TZ CITY OF DANIA BEACH ROUTING SHEET • 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: May 9, 2001 Project Name: Sheridan 600 Project No. SP-26-01 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 WAY UTILITIES DIRECTOR: Bud Palm ❑ CITY ENGINEER: Calvin Giordanno ❑ PLANNING CONSULTANT: Cynthia Bertschinger ❑ CITY ATTORNEY: Thomas Ansbro ® ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton ❑ BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ l� DENIED: [ APPROVED WITH CONDITIONS: [ ] List conditions: Sign at e r Print Name • Date PETITION ROUTING SHEET.doc