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HomeMy WebLinkAboutR-2001-126 RESOLUTION NO. 2001-126 A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA APPROVING A SPECIAL EXCEPTION USE REQUEST SUBMITTED BY DAVE MARTINO, AGENT FOR FLORIDA POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH AND ADJACENT TO THE DANIA CUT-OFF CANAL, APPROXIMATELY 320 FEET EAST OF U.S. 1 AND MEASURING APPROXIMATELY 270 FEET BY 520 FEET, TO ALLOW AN "ELECTRICAL SUBSTATION" IN AN IRO (INDUSTRIAL RESEARCH OFFICE) ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 16, SECTION .20 (13)(2); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Zoning, Article 16, Industrial-Research-Office (IRO) District Regulations, Section .20 (b)(2), provides for electrical substations as a Special Exception Use In districts zoned IRO; and WHEREAS, Dave Martino, Agent for, Florida Power and Light, has applied for a special exception use to allow an electrical substation in an Industrial Research Office • (IRO) zoning district; and WHEREAS, the Planning & Zoning Board on March 21,2001, voted to move the special exception request forward to the City Commission, with the recommendation that the City Commission make a "finding" as to whether the applicant has met the Special Exception Criteria (Nos. 2, 3, 4, 7, 10, 11 and 14) set forth in Chapter 28, Zoning, Article 6, Supplementary Use Regulations, Section 6.40, Special Exception Uses, of the Code of Ordinances of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain application SE-58-00, for a Special Exception Use allowing property located directly North and adjacent to the Dania Cut-Off Canal, Alt approximately 320 feet East of U.S. 1 and measuring approximately 270 feet by 520 feet, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved subject to the following conditions being resolved immediately prior to issuance of the building permit for the substation: a) FPL shall submit a Declaration of Restrictions relating to use of the South 60 feet of the development parcel subject to final approval of the city attorney. The Declaration would provide that no substation equipment would be installed in the south 60 feet of the development parcel (not the canal Right-of-Way). This would not preclude FPL, at a later date, from expanding transmission lines through the same development parcel, as transmission lines currently exist on the parcel. b) FPL shall submit a Declaration of Restrictions relating to the use of the North 100 feet of the Dania Cutoff Canal, including the canal itself and shoreline, subject to the approval of the city attorney, reflecting that FPL would have no intention of developing or seeking permission from the South Florida Water Management District to develop land immediately south of and adjacent to the development parcel, which includes all the FPL property within the canal right-of-way. ® c FPL would have to verify the adequacy of the vehicular access to the new substation site. d) FPL agrees that this approval is subject to the landscaping as identified in the substation landscaping plan dated April 16, 2001, including, but limited to, a double row of Areca Palms in the 60 foot buffer area. e) FPL agrees to dedicate $100,000.00 to address Special Exception criteria's #2,3,4,7, and 10, as indicated in previous backup, which relates to the impact of the proposed substation on the adjoining property and properties in the general vicinity of the substation, for waterway related uses and improvements in the general vicinity of the site. 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. approximately 320 feet East of U.S. 1 and measuring approximately 270 feet by 520 feet, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved subject to the following conditions being resolved immediately prior to issuance of the building permit for the substation: a) FPL shall submit a Declaration of Restrictions relating to use of the South 60 feet of the development parcel subject to final approval of the city attorney. The Declaration would provide that no substation equipment would be installed in the south 60 feet of the development parcel (not the canal). This would not preclude FPL, at a later date, from expanding transmission lines through the same parcel as transmission lines currently exist on the parcel. b) FPL shall submit a Declaration of Restrictions relating to the use of the North 100 feet of the Dania Cutoff Canal, including the canal itself and shoreline, subject to the approval of the city attorney, reflecting that FPL would have no intention of developing or seeking permission from the South Florida Water Management District to develop land immediately south of and adjacent to the development parcel, which includes all the FPL property within the canal right- of-way. ® c) FPL would have to verify the adequacy of the vehicular access to the new substation site. d) FPL agrees that this approval is subject to the landscaping as identified in the substation landscaping plan dated April 16, 2001, including, but limited to, a double row of Areca Palms in the 60 foot buffer area. e) FPL agrees to dedicate $100,000.00 to address Special Exception criteria's #2,3,4,7, and 10, as indicated in previous backup, which generally relates to the impact of the development on the adjoining property and general vicinity of the property for waterway related uses and improvements in the general vicinity of the site. 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 24TH DAY OF JULY, 2001. PAT FLURY MAYOR-COMMISSIONER ATTEST: ROLL CALL: � �iJ R4� COMMISSIONER BERTINO-YES CHARLENE J©H SON COMMISSIONER MIKES-YES ACTING CITY CTLERK COMMISSIONER McELYEA-YES VICE-MAYOR CHUNN-YES MAYOR FLURY-YES APPROVED AS TO ORM AND CORRECTNESS: BY: ' T O A JJ. A SBRO CITY ATTORNEY • CITY OF DANIA BEACH D APPLICATION NUMBER: 100 WEST DANIA BEACH BOULEVARD ate stamp DANIA BEACH, FLORIDA 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 APPLICATION FOR SPECIAL EXCEPTION The undersigned petitions the Planning and Zoning Board and the City Commission of the City of Dania Beach, Florida to consider the proposed special exception for the parcel(s) of land described in this application. NAME OF APPLICANT: Florida Power & Light Company ADDRESS OF APPLICANT: 700 Tn i ve se Blvd, —Jiinn Raa h_ Fr VlAng PHONE/FAX: 561 ) 694-488c_ PROPERTY INTEREST OF APPLICANT: Owner Fax- (561) 694-4283 NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attached Exhibit "A" ZONING CLASSIFICATION: I G LOT SIZE-266x1300 AREA: + 7 . 88 AC LAND USE DESIGNATION: Employment Center PRESENT USE: Electrical Transmission Switchyard. ZONING OF ALL LANDS WITHIN 700 FEET: See Attached Exhibit "BOO . EXISTING USES OF LANDS WITHIN 700 FEET: See Attached Exhibit "c" EXISTING LAND USE DESCRIPTIONS OF LANDS WITHIN 700 FEET: See Attached Exhibit "I DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND CONSTRUCTION: This is a request for special exception to ronstrm-t a e1 ertrJ ( al Distribution S lb a ion Thi g far-i lt�rwi, ] consist of A+ 1 AC Fenced crrravel surfaced area containing a 561 SF masonary relayt,ault and ElE rical equipment. A paved access drive and ranrlc -----�,--��-a n t i ng will — be part of this development. LIST THE NAMES AND ADDRESSES OF ANY EXPERTS(PLANNER,ARCHITECT,ATTORNEY, ETC.,IF ANY): David W. Martino/T,andscape Architect —Pamela Rauch/Attorney — Daniel Hronec/P.E. — 700 Universe Blvd. Juno Beach, FL 33408 PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A SPECIAL EXCEPTION MUST STAND ON ITS OWN MERITS.(You may use additional pages as necessary.) The following questions pertain to the criteria which the City Commission and Planning and Zoning Board will consider in reviewing the applicant's request. 1. Indicate that the use is a permitted special exception use in the schedule of use regulations,City of Dania Beach, in Article 4 of the zoning code. See Attached Exhibit "E" 2. Indicate that the use will not*cause a detrimental impact to the value of existing contiguous uses or to the zoning district where it is to be located. See Attached Exhibit "E" 3. Indicate that the use will be compatible with the existing uses on contiguous property or the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning. See Attached Exhibit "E" 4. Indicate that adequate landscaping and screening is provided as required in the Chapter. See Attached Exhibit "F" 5. Indicate that adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. See Attached Fxhihit "F" 6. Indicate that the use will be consistent with the existing Comprehensive Plan. See Attached Exhibit "E" 7. Indicate that the use will not have a detrimental environmental impact upon contiguous properties or an environmental impact inconsistent with the health, safety and welfare of the community. See Attached Exhibit "E" 8. Indicate that the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions,and will not result in the generation or creation of traffic inconsistent with the health,safety and welfare of the community. �n Attar-hPd Exhibit "F" 9. Indicate that the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. See Attached Exhibit "E" 10. Indicate that the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. See Attached Exhibit "E" 11. Indicate that the use will not result in the creation of incompatible noise, lights, vibrations. fumes, odors, dust or physical activities, taking into account existing uses or zoning in the vicinity due to its nature, duration, direction or character. See Attached Exhibit "E" 12. Indicate that the use will not overburden existing public services and facilities. See Attached Exhibit "F" 13. Indicate that the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. See Attached Exhibit "F11 14. Indicate that the use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code,or otherwise adopted by the city commission. SPP Attac-hPd Fxhi hi t by STATE OF FLORIDA �� �' S ATURE A (CANT COUNTY OF Dean Busch — Manager 'forgoing instrument was acknowl t59gb dged before me on y as[title] for[name of entity] jf- a Florida Corporation,who is personally known to me, or produced as identification. Gail F.Sanchez / My Commission Expires: .. MY COMMISSION#CC785493 EXPIRES November 14,2002 N TARY PUBLIC —01 BONDED THRU TROY FAIN*WRANCE'NC FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. STATE OF FLORIDA COUNTY OF BROWARD SIGNATURE OF OWNER The forgoing instrument was acknowledged before me on , 1999 by , as[title] for[name of entity] a Florida Corporation,who is_personally known to me, or produced as identification. My Commission Expires: NOTARY PUBLIC Exhibit "A" Application for Special Exception Florida Power & Light Legal Description: All that part of the South 6 Chains (396') of the NW 1/4 of the NE 1/4 of section 34, Township 50 South, Range 42 East, Lying East of the Right-of-Way Line of U.S. Highway No. 1 (S.R.5) measured 33 feet from Centerline of pavement, said land subject to Right-of Way for the Dania Cut-Off Canal, Situated in Broward County, Florida. Subject to: The following described parcel of land which was acquired by the State Road Department: Starting at a point beginning on the North Edge of Dania Cut-Off Canal; 33 feet East of the West line of the NW '/4 of the NE '/4 of Section 34; Township 50 South, Range 42 East; Thence North approximately 17.5 feet to a point 33.00 feet East of the West line and 44.62 feet North of the South line of said NW 1/4 of the NE 1/4; Thence Northeasterly along a curve to the right having a Radius of 2259.01 feet with a Central Angle of 62 49' 23" an arc distance of 269.01 feet to a point; Thence South along a line 49.00 feet and parallel to the West line of said NW '/4 of the NE '/4 approximately 286.5 feet to.a point an the North edge of Dania Cut-Off Canal; Thence West 16.00 feet along the North edge of Dania Cut- Off Canal to the Point of Beginning. Less and except therefrom the following described parcel No. 100 acquired by the Florida Department of Transportation. Subject to: The North 30 feet of the South 396 feet of the NW 1/4 of the NE '/4 of Section 34, of the above described parcel is reserved for Road Right-of- Way. Exhibit "E" Application for Special Exception Florida Power & Light Page 1 of 3 1) Indicate that the use is a permitted special exception use in the schedule of use regulations, City of Dania Beach, in Article 4 of the zoning code. Article 16, Section .20, (b), (2) of the Dania Beach Zoning Code lists Electrical Power Plants and Substations as a use permitted through the Special Exception process. 2) Indicate that the use will not cause a detrimental impact to the value of existing contiguous uses or the zoning district where it is to be located. This proposed addition of a distribution substation will have no impact to the value of the existing contiguous uses or the zoning district where it is located. This is due to the fact the proposed construction will have a minor visual presence on a site currently used for overhead transmission lines and a transmission switchyard. 3) Indicate that the use will be compatible with the existing uses on contiguous property or the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of the structures to the area, property values and existing similar uses or zoning. The existing land use will remain unchanged therefore this special exception will remain compatible with the general character of the area, considering population density, design, scale and orientation of the structures to the area, property values and existing similar uses or zoning. 4) Indicate that adequate landscaping and screening is provided as required in the Chapter. The landscape buffering will provide visual buffering of the proposed additional development on this site. 5) Indicate that adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. The proposed facility is unmanned and will have no crews report to this site for work. Maintenance crews of 1-2 persons will make approximately 2 trips per month to this site. Crews park and unload any materials required for service within the perimeter security fence thus no parking or loading areas are provided. Ingress and egress utilizes and existing access drive . which will be improved as part of this development. The minimal trips generated by this facility will cause no interference to traffic on abutting streets. Exhibit "E" Page 2 of 3 6) Indicate that the use will be consistent with the existing Comprehensive Plan. The existing land use designation for this site is Employment Center, a use category that permits light industry and manufacturing. This use is consistent with the zoning category IRO, which permits electrical distribution substations and a special exception. 7) Indicate that the use will not have a detrimental environmental impact upon contiguous properties or an environmental impact inconsistent with the health, safety and welfare of the community. Presently this site is used as a major overhead transmission corridor and contains an extensive transmission switchyard. The addition of a low profile unmanned distribution substation will have no detrimental environmental effect on contiguous properties or environmental impact inconsistent with the health, safety and welfare of the community. This proposed distribution substation will benefit the community through increased capacity of electricity service and greater reliability of service. 8) Indicate that the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or create traffic inconsistent with the health, safety and welfare of the community. This unmanned facility will not create any detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or create traffic inconsistent with the health, safety and welfare of the community. 9) Indicate that the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. This unmanned facility will utilize existing ingress and egress turning movements that are not hazardous or a nuisance. 10) Indicate that the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. The land use will remain unchanged resulting in no .detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. Exhibit "E" Page 3 of 3 11) Indicate that the use will not result in the creation on incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses or zoning in the vicinity due to its nature, duration, direction or character. The use of a additional portion of this site, in addition to the present electrical uses, as an unmanned distribution substation will not result in the creation of any incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses or zoning in the vicinity due to its nature, duration, direction or character. 12) Indicate that the use will not overburden existing public services and facilities. This is an unmanned facility that will generate no traffic or waste and will not overburden existing public services or facilities. This substation will provide increased levels of electric service essential to all existing public services or facilities. 13) .Indicate that the use will be sufficiently accessible to permit entry onto the property by the fire, police, rescue and other essential public services. The accessibility of this use is sufficient to permit oversize vehicles safe access and will be easily accessible by the fire, police, rescue and other essential public services. As the electrical demands of the City of Dania Beach increase it is necessary to provide the additional required infrastructure. This request for a Special Exception is a direct result of this increasing demand for this essential service. Construction of a distribution substation on site currently in use as a major transmission facility will result in the least possible impact to the surrounding properties. This low profile facility will be visually buffered with landscaping, unmanned and provide an essential service necessary to support the comfort, safety and growth of the City of Dania Beach. i AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. b • C 1. DATE OF COMMISSION MEETING: JULY 24, 2001 a. 2. DESCRIPTION OF AGENDA ITEM: CONTINUED FROM THE JUNE 26, 2001 REGULAR COMMISSION MEETING A. PUBLIC HEARING - RZ-57-00—ORDINANCE - FINAL READING OF REZONING ORDINANCE FOR FLORIDA POWER AND LIGHT LA DANIA SUBSTATION. B. PUBLIC HEARING—SE-58-00— RESOLUTION -SPECIAL EXCEPTION REQUEST FOR FLORIDA POWER AND LIGHT LA DANIA SUBSTATION. C. PUBLIC HEARING—SP-10-01 —SITE PLAN REQUEST FOR FLORIDA POWER AND LIGHT LA DANIA SUBSTATION 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE & RESOLUTIONS 4. SUMMARY EXPLANATION & BACKGROUND: SEE BACKUP 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report (Second Addendum July 19, 2001) Memorandum from Lynn Shatas, FPL Representative 1 Revised Declarations of Restrictions dated July 16, 2001 Project Information Griffin Substation Alternative Site Acquisition & Map Letter from adjacent property owner Correspondence from Cunningham & Durrance regarding Shoreline Evaluation Marine Advisory Board Letter dated June 25, 2001 Staff Report from May 22, 2001 with backup Ordinance regarding Rezoning with application & backup Resolutions for Special Exception & Site Plan with application & backup 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approved this request at their March 21, 2001 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date July 19, 2001 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT • SECOND ADDENDUM TO STAFF REPORT TO: Jason Nunemaker, City Manager C. C FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: July 24, 2001 City Commission Meeting SUBJECT: 1) Rezoning RZ-57-00: Industrial General ("IG") to Industrial/Research/Office ("IRO") 2) SE-58-00: Special Exception Electrical Distribution Substation 3) SP-10-01: Site Plan Electrical Distribution Substation APPLICANT: Florida Power and Light Attached you will find the following additional information submitted by FPL: 1) Revised "Declaration of Restrictions" concerning the use of the south 60 feet of the project site (received July 16, 2001). 2) "Project Information" concerning site selection (received July 18, 2001). 3) Alternative Site Acquisition List and Map (received July 18, 2001). FPL has submitted no new material regarding the vegetative buffer and shoreline located on the north side of the canal. Also attached is a letter from the adjacent property owner (dated June 25, 2001) questioning site access. Since this issue is not yet resolved, any Commission action concerning the site plan or special exception would be subject to verification of legal access to the project site. FPL DANIA CUT OFF CANAL SPEC EX AND SITE CC REPORT 062601.doc DECLARATION OF RESTRICTIONS KNOW ALL BY THESE PRESENTS, that the undersigned, FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida (the "Owner") makes this Declaration of Restrictions (the "Declaration") as of the day of May, 2001_ WITNESSETH WHEREAS, Owner is the owner of the real property (the "Property") described in Exhibit "A" attached hereto and by this reference made a part hereof, WHEREAS, Owner wishes to develop an electric distribution substation and as such requires (i) a rezoning of the Property from I-Cr to an IRO zoning classification; (h)a special exception to permit the construction of a substation; and (iii) site plan approval; WHEREAS, in connection with the application for rezoning,special exception and site plan approval, the City of Dania Beach,a municipal corporation of the State of Florida (the "City"), has expressed certain concerns with respect to a canal right-of-way which lies south of the Property and is commonly known as the Dania Cut Off Canal; WHEREAS, in order to provide the City with certain assurances with respect to Application Nos. RZ-57-00; SE-58-00;and SP-10-01, Owner has agreed to certain restrictions regarding the use of the Restricted Parcel. NOW,THEREFORE, Owner,for itself,its successors and assigns,covenants and agrees with and for the benefit of the City as follows: 1- Recitals. The foregoing recitals are true and correct and are incorporated by reference herein. 2. Restrictions. Owner agrees not to construct any building or structural improvements or substation or electrical improvements within any portion of the Restricted Parcel. Anything hi this Declaration contained to the contrary notwithstanding, none of the following uses of all or any This Instrument Prepared By: Alicia M. Morales Fernandez,Esq.Of Katz,Barron,Squitero&Faust, P.A. 2699 So.Bayshore Drive M Suite 700 D Miami,Florida 33133 JUL 1 6 KUM portion of the Restricted Parcel shall be restricted, limited or affected in any way by this Declaration.- the installation, construction, operation.maintenance, or any or all of the foregoing, of one or more electric transmission, distribution or communications lines and facilities (including without limitation, wires, lines, cables, conduits, anchors, guys, and equipment ancillary thereto), for transmission, distribution and communication purposes whether overhead, underground, or both. 3. Modification,Amendment, Release. The terms of this Declaration of Restrictions may be modified, amended or released as to the Property (or any portion thereof) by a written instrument executed by the then owner s)of all of the Property provided that the same is also approved by Board of City Commissioners of the City of Dania Beach, Florida after public hearing. Should this Declaration of Restrictions be so modified, amended or released, the proper City official(s) shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 4. Enforcement. This Declaration shall inure to the benefit of the City and may be enforced by the City through an appropriate action at law or in equity, including without limitation, to an action for injunctive relief or specific performance, in the Circuit Court in and for Broward County, Florida_ In connection with any litigation arising out of this Declaration, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees and costs, at trial and all appellate levels. 5. Term. This Declaration shall be recorded, and shall become effective upon recordation in the Public Records of Broward County,Florida, and shall run with the land and shall be binding on all parties having any right, title or interest in the Property (or any portion thereof) for a period of thirty(30) y ears from the date of such recordation after which time it shall be extended automatically for successive periods of ten(10)years each,unless an instrument signed by the then owner(s) of the Property has been recorded agreeing to change or terminate this Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City in accordance with Paragraph 3 above. 6. Governing Law. This Declaration shall be enforced in accordance with the laws of the State of Florida 7. Severability. Invalidation of anyone of these covenants, by judgment of court, in no way shall affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Owner has executed this Declaration as of the date first written above. Signed, sealed and delivered FLORIDA POWER& LIGHT COMPANY, in the presence of: a Florida corporation By: None: Its: Attest: • Name: Its: [CORPORATE SEAL] STATE OF FLORIDA ) i ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this _day of May, 2001, by and , as and respectively, of FLORIDA POWER& LIGHT COMPANY, a Florida corporation, on behalf of said corporation. NOTARY PUBLIC, State of Florida My Commission Expires: PWAGREEMENTS\Declaration of Restrictions Dania Beach.doc EXHIBIT A LEGAL DESCRIPTION The South 100 feet of the NW '/ of the NE '/a of Section 34, Township 50 South Range 42 East of Droward County, Florida; less the West 370 feet aid the Fast 15 feet thereof. FPL GRIFFIN SUBSTATION PROJECT INFORMATION Current Situation: The FPL capacity plan for the Dania Beach Area indicates a need for a new distribution substation to be located in the area near the Dania Beach Cut-Off Canal and US 1. This area is currently being served by long feeder lines from four existing remote substations. These stations are approaching their capacity limits. It is projected that by the summer of 2002, these stations will no longer be able to support the load in this area. A new source of electrical capacity is needed. This new facility, called Griffin Substation, will supply the needs of this local service area, as well as provide relief to the existing remote stations. Substation Site Evaluation Process: When FPL distribution planning studies identify a capacity shortfall area, analysis of alternative solutions is performed. The first option considered is expansions at existing substations. This approach is valid until the facilities are stressed beyond their capacities and are unable to serve both the shortfall area and their own service areas. At this point, a new substation is needed in the load area. The criteria for selecting a site for a substation are: located as near the load center as possible, sufficient size and configuration to allow room for setbacks, landscape buffers and water management designs, proximity to existing transmission lines and distribution grid, good vehicular access, minimal environmental impacts, and a willing seller. The proposed Griffin site meets all these criteria. In fact, a compelling positive factor in favor of this property is the existing electrical switching substation and multiple transmission lines already in place, so the underlying land use is already established. The addition of a new substation at this location will provide a source of power for this area and also allow the remote stations to reconfigure service to their own local areas to reduce their overload conditions. Load Growth: The City of Dania Beach service area has experienced an average annual load growth rate of approximately 5.7% since 1997 and is projected to increase at an annual rate of 5.3% for the next several years. The rate of load growth in this area is very high compared to the FPL system average of about 2-3%. The actual substation load chart readings for the stations in this area show an increase in load from 210 MW in 1997 to 262 MW in 2001. Following this load curve, the load projection is 322MW by 2005. D - 1L There are two factors that contribute to load growth. First, electrical demands increase due to • new development. The service area of Griffin Substation and the service areas of the other remote stations are experiencing growth driven by new developments. Second, electrical demands are affected by increases in existing customer consumption rates. The typical FPL customer uses slightly more electricity each year and, when multiplied by thousands of customers, can account for a significant load component. Griffin Service Area: FPL station load area boundary maps reflect the benefit of a new source of capacity in a shortfall area, and how the remote substations service area boundaries adjust with that addition, reducing their overloaded,conditions and enabling them to provide for the growth demands in their own local areas. GRIFFIN SUBSTATION ALTERNATIVE SITE ACQUISITION 1. Site #1 is in the Rita Shaw Plat and is owned by E. Claw Shaw. Congressman Shaw declined FPL's offer to purchase a portion of his property as he has future plans for the property. 2. Site #2 is located west of Federal Highway approximately 1 ,000 feet south of Griffin Road. This parcel is owned by Seaboard Warehouse Terminals and was available for $400,000 per acre. This site is located adjacent to residential development. 3. Site #3 is located in the vicinity of NE 3rd Street and NE 3rd Avenue, adjacent to residential development. The parcel is owned by Carrousel Concessions Inc. and is part of the Dania Jai Alai property. The owner declined FPL's offer to purchase a portion of the property. Additionally, the location would require a new transmission route through main corridors within the City. 4. Site #4 is located at the northeast corner of NE 2"d Street and NE 3rd Avenue. This two-acre site is too small to accommodate a substation and is located adjacent to residential development. Additionally, the location would require a new transmission route through main corridors within the City. 5. Site #5 is located southeast corner of West Dania Beach Boulevard and SW 12th Avenue. The owners were not interested in selling the property. Additionally, the site is located adjacent to residential development and would require a new transmission route through main corridors within the City. CC) I-E_0VE 1r �y 2 - -- .-------- . w rn _TERMINAL O i m p :-SW41ST -- -` m IJ - LEE WAGENER .__SW 42ND v SW A3RD_---- 1 rn A .Q 2 499r 1��y7 Cctnttl Li o0� s a, A — 4 to f 818 1 — - ANDROSIN —f1161SCUS C�_ n BARBADOS' NW BTH._Z - -�Vtoter_: n CAT.CAY_` pt pRAN O `-IIOMINtCA_ a � �t' -- C _ '� s "mot Q a�CEAN WATERWAY_ N = �Yf� p F C �i —��NAitlt-- `,`— rrrrtilFFtAkRD-- �— QL GRLFFWR Z a N it i 'W NVIC3RD j Z — �— y NVIMD tyYt?ND =�3 Q _ M 1 Ftbst Park Nw�sT— O M ix \\ Y _Dania. Al �- Al �wDANUkBEACH' W,WN1ABEACH �o $E:PARK, 1 m a g m Z848 8 to 848 Z y ---- Graves Museum Of Archaeology SM=fn N W N F ®1998 DeLorme. Street Atlas USA- -`a m z PER.SFIING: —�i.�E:67}t-_.Q.`=• a DUKE MULLIN & GALLOWAY, P.A. TRIAL LAWYERS AND COUNSELORS 1700 EAST LAS OLAS BOULEVARD•PH-I FORT LAUDERDALE, FLORIDA 33301 Davis W Duke.Jr, TELEPHONE (954) 761-7200 Direct Extension No.104 FACSIMILE (954) 761-1573 Our File No. 1226.0002 June 25, 2001 VIA HAND DELIVERY Laurence G. Leeds, AICP, Director Growth Management Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 (Attn: Luann Cunningham) Re: City Commission Agenda Items Regarding FP&L Application Pertaining to Electric Substation Dear Mr. Leeds: It came to my attention over the weekend that the City Commission of the City of Dania Beach has scheduled public hearings for its meeting of June 26, 2001, pertaining to the rezoning, special exceptions and site plan requests submitted by Florida Power & Light Co. concerning an electrical substation within the City. My client is Dania Farms, Ltd., of which the Hon. E. Clay Shaw, Jr. and his brother, John Shaw, are general partners. The property of Dania Farms, Ltd. is located immediately to the north of the proposed substation. Mrs. Gayle Peters, the sister of John and Clay Shaw, also has an ownership interest in this real property. I have had the opportunity to briefly review a site plan and a fence, fill and grade plan relating to this substation. I note the reference thereon to a thirty-foot access easement located on the extreme north side of this site plan. It appears to me that this access easement may well be located on property of my client,and that of Gayle Peters. I do not know whether the potential action by the City could affect the property of my client, but would like to point out that my client has not granted any access easement to FP&L, such as is reflected on the site plan, and, therefore, would object to any action by the City which would affect my client's property. I am writing this letter to you as I am currently engaged in several day-long depositions which will preclude me from being able to attend the City Commission meeting on June 26, 2001. Laurence G. Leeds, AICP, Director June 25. 2001 Page 2 Trusting that you or the City Attorney will make this letter a part of the public record, I remain Respectfully, / •a Davis W. Duke, Jr. DWDjr/aj cc: Thomas J. Ansbro, Jr., Esquire G.\CLI ENTS\1226.0002\itr-Ieeds.wpd G ACLIENTS\1226.0002\Itr-leeds.wpd CUNNINGHAM & DURRANCE < CONSULTING ENGINEERS, INC. 400 EXECUTIVE CENTER DRIVE, SUITE 108 WEST PALM 13EACH, FL. 3340 1-29 1 9 R (561) 689-5455 FAX: (561)640-7815 E-MAIL: CD CON ENG@AOL.COM June 6, 2001 Patrick .l. Ferland, PI? .�: Florida Power & Light Company z:L PO Box 14000 Juno Beach, Fl 33408-0420 Re: Shoreline Evaluation i I PL Griffin Substation City of Dania Beach . Broward County, Florida 4 1 Dear Mr. Ferland: As requested the undersigned has reviewed the historic aerial photographs and observed z=�?•E the shorelines in the vicinity to form an opinion regarding the erosion trends at the proposed Griffin Substation site. The Proposed Griffin Substation is located on the north bank of the Dania Cut OfTCanal cast of Federal Highway (US Highwayl). The proposed 4� Substation is immediately east of an existing substation in an area presently used as a nursery. See Location Sketch. On the afternoon of June 5, 2001 the undersigned made a site visit to observe the n condition of the shorelines in the vicinity of the above referenced site. The weather at the time of the site visit was partly cloudy, with variable southeasterly breezes at about 10 lr `' knots and temperatures in the high 80's. The water was clear and flowing east in the Canal, but was approaching low tide based on the water marks along the shoreline. There "Sky are a significant number of large boats, in the 40-foot range, moored in the canals along the south bank of the Dania Cut Off Canal. ' The Dania Cut OffCanal is a dredged canal with the spoil material placed in mounds along the banks. Photograph f is of the north bank of the Dania Cut Off Canal west of the , g railroad bridge upstream of the FPL site. Photograph 2 is of the north bank east of the ~r railroad bridge. Photograph 3 is of the north bank of the canal along Old Griffin Road, west of US Highway 1. Note the coarse, rocky nature of the spoil material in the three ti photographs. This bank is steep and contains coarse sand, shell and rock material. This composition is resistant to erosion because of its coarse nature and is typical of all of the ' shorelines in the vicinity of the FPL site. "The south bank of the canal east of US Highway 1 has been bulkheaded to facilitate boat mooring. Photograph 2 shows the current at the pile supporting the pipeline in the center of the photograph. Photograph 4 is looking north across the Dania Cut Off Canal at the shoreline adjacent to the FPL property from the opposite bank. Note the denseness of the vegetation and the flatter shoreline slope in this area. Photographs 5 and 6 are typical views looking east and west, respectively, along the shoreline adjacent to the FPL properly. In Photograph 5 note the flat shoreline, to the ^�� a right of the tree, in the intertidal S tir�� ^Y u; 3 w : S gyp. zone. The tide range is indicated by the green algae visible on the roots at the base of the tree. Also visible along the left side of the tree trunk is the spoil bank left from canal ' dredging at some time in the past. Note in Photograph 6 that tree vegetation is growing right to the intertidal zone. The vegetation along the shoreline adjacent to the FPL property is comprised of tree species other than Australian Pines, which have a shallow ." root. This mixture of vegetation appears to be very effective at dissipating energy from : boat wakes and from tidal currents. Also note in Photograph 6, the limbs are growing : from the trunk across the water's edge and not from a tree tilting over the water. X_.. Based on the visual observations, the shoreline adjacent to the FPL property appears to be stable. The intertidal shore is relatively flat with dense tree vegetation growing along the : water's edge. The mixture of trees appears to have adequately deep root systems to keep the shore stable. The denseness of the tree canopy also serves to protect the spoil bank slope from rainfall ninofftype conditions. A review of historical aerial photographs was also made to determine if significant erosion was evident. Copies of aerial photographs from the Broward County Engineering ` office were obtained and copies are attached. The aerials are from 1963 to 2000 at approximately ten-year intervals. All are at a scale of approximately 1-inch equals 300 feet. The FPL site has been noted. The quality of the copies is sufficient to show the extent of the shoreline vegetation over the past 38 years. Note that the shoreline vegetation adjacent to the FPL property has remained constant during the period of the aerial photographs. In addition, the shorelines in the area adjacent to the railroad bridge along Old Griffin Road have also remained stable. Therefore, it would be reasonable to expect the shorelines to remain stable into the future. M-1 In the event of a serious hurricane with either high storm surges or large rainfalls, the South Florida Water Management District (SFWMD) may discharge flows much larger than normal, which may cause localized scour, erosion or sedimentation. These would obviously be unusual events and restoration of flow capacity and canal cross section would be a SFWMD responsibility. Additionally, routine maintenance of the Dania Cut Off Canal would also be a SFWMD responsibility. CUNNINGHAM & DURRANCE Consulting Engineers, Inc. pA ;r is fix; u4� CONCLUSION The shoreline of the Dania Cut Off Canal in the vicinity of the FPL property is stable y under normal circumstances. The vegetation adjacent to the FPL location consists of a xi . mix of tree species some with root systems deeper than Australian Pines. This vegetation B, , has stabilized the shoreline and provides for good energy dissipation. The aerial 4°r photographs, surveys and onsite observations show there have not been any significant, al extent of the vegetation or the shoreline in the last 38 Tong lasting changes in the gener r years. "Therefore, it is reasonable to anticipate the shoreline to remain stable for the foreseeable future. At this time, shoreline armoring does not appear to be required. t, If you should have any questions or need any additional information, please contact us. F,£ Very truly yours, . 4 CUNNINGHAM &DURRANCE v Consulting Engin ers, Inc. , EBa4502 #yx ------------------ Dallas H. Durrance, PE /7/e� FI Registration# 17463 � j � F Attachments as noted a" DI I l)/dhd ` 0 1-05 3(01053A-RPf) m y . t�± f'x .?Fts ;zt}:42 Y i�Y ;54 �fi; 4f4. +. CUNNINGHAM gc DMIZANCE Consulting Engineers, Inc. a' "aSp'L� yN r �f s µ pT yr _ d b�Z N. W. 10 ST. NW 1/4, NE 1/4 £`; SEC. 34-50-42 s '_ SUBSTATION SITE sa N DANIA CUT-OFF CANAL $z N` ^'wlx k LOCATION SKETCH SEC . 34 , TWP . 50 S . , RGE . 42 E . , =4 BROWARD COUNTY a { SYy'L.. S CUNN:I NGHAM &. DURRANCE CONSULTING ENGINEERS INC. WEST PALM BEACH. FLORIDA j a �•�� i�r�f� � '�y��Fl��t x, �1�4 r yw r y ii'1'Y' k t-!J' 45;'y.Fn 1 % 1 b .,S•t +v, 7 7 . 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' � 3'3 �5'.�i.F��7�t« 1 1# e.'w d° •; ."e yt xr �,�t' •r`+ ,�'�.� ♦• ., ,¢. tp_ r. i 3J tl V �?�r1'n eve, ,1'x 1.:« � e .:. � :i ��ft� • �. � r4 �'�'�� ���•{?r'ia +` su�1 t , �3# a,v '�1 �� �� ��'$�7` �•� Y .t " I � sc rT.\ -`� F'�; � � 't t'tr.s �`t r-Fi{ �"' ���1 ;i;.' 1 rk �r� � �X. , • t � �¢� Y:l r ��Y, W° "-S`ry i is maJ' Y, ,. 5 1 I. . ..•A►.11 i.� F n r ,. f �` -�f .�F� �� £�•t }x t q•4,� ��• rU—jv�vtlj. r�: :� �'` t '-f>z. '�•h I��t.r 3�:..Y '�• '� #�� t� td� xf ;of. �iT`='��'• r r W.,;,x r 11 y '�",�j.. "'"'C. 1 >b � �ti. t a �d,T ' , • N ',�. 'k ` {. Marine Advisory Board June 25,2001 Honorable Mayor, Dania Beach City Commission From: Marine Advisory Board We the Marine Advisory Board were able to have a special meeting with FPL as the guest speaker. The purpose was to educate the Board on the proposed electrical substation to be located just North of the Dania cut-off canal. The FPL representative was very receptive and cooperative in his explanations and answering our questions. Based on our fact-finding mission we were able to discuss with FPL our concerns and work out solutions to them. Based on this we the Marine Advisory Board make the following recommendations: Short term 1. Improve the Shoreline: a. Improve the vegetation:suggest Native plants i.e.;mangroves(Black,White and Red) b. Rip Rap or Interlocking block back to the shoreline of the property. 2. Assist with Dredging and allowing a site for drying out of dredged material. Long term 1. Assist the City of Dania Beach with the hazardous US 1 Bridge in raising and widening the area. Thank you for your attention to this matter. SINCERELY, Cindy Calhoun Chairperson CITY OF DANIA BEACH • GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Jason Nunemaker, City Manager C. C. FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: May 22, 2001 City Commission SUBJECT- 1) SE-58-00: Special Exception Electrical Distribution Substation 2) SP-10-10- Site Plan Electrical Distribution Substation 3) Rezoning RZ-57-00: Industrial General ("IG") to Industrial/Research/Office ("IRO") APPLICANT: Florida Power and Light ® LOCATION: The special exception/site plan parcel is located approximately 320 feet east of Federal Highway and measures approximately 270 by 520 feet. The electric equipment area is located inside the special exception/site plan parcel and measures approximately 200 feet by 350 feet. The entire Special Exception/Site Plan parcel is located beneath existing 230 KV transmission lines leading into Port Everglades. ANALYSIS The City Commission has requested the applicant provide additional information relative to Special Exception Criteria identified in the April 24, 2001 staff report: a) Applicant to provide a restrictive covenant ensuring that electrical substation equipment is prohibited within the south 60 feet of the special exception parcel. The Declaration of Restrictions submitted by the applicant (attached), while prohibiting substation or electrical substation improvements, allows "wires, poles, towers, cables, conduits, anchors, pipelines, and H-frame facilities". • FPL DANIA CUT OFF CANAL SPEC EX AND SITE CC REPORT 052201.doc By allowing the above referenced equipment within the south 60 feet of the FPL parcel (adjacent to the Dania Cut-off Canal), the applicant has not shown that it has met Special Exception Criteria Nos. 2, 3, 4, 7, and 10 (See Exhibit 1). Along these same lines, applicant's site plan fails to acknowledge that the equipment referenced in declaration may be installed at any time adjacent to the Dania Cut- off Canal. b) Applicant agrees not to construct structures in the Dania Cut-off Canal. Applicant has provided an "Ownership and Encumbrance Search" indicating the South Florida Water Management District owns the adjacent Dania Cut-off Canal (The City Attorney has not given an opinion of title). However, applicant has not submitted any information demonstrating that District ownership will prohibit the installation of structures in the canal. The installation of structures in the canal could negatively impact the preservation of existing canal vegetation. The preservation of the existing canal vegetation is necessary to: 1) Properly screen and buffer the proposed substation from the adjoining residential area. 2) Ensure the proposed substation is compatible with the adjoining residential area. 3) Ensure the proposed substation will not have a detrimental environmental impact upon the adjoining residential area. Applicant has not met its burden relative to compliance with Special Exception Criteria Nos. 2, 3, 4, 7, and 10. c) Applicant agrees to improve the quality of the canal shoreline so as to preserve the existing natural vegetation. Applicant has not offered to make any improvements in the canal necessary to preserve the existing vegetation. The preservation of the existing vegetation in the canal right-of way is necessary to: 1) Properly screen and buffer the proposed substation from the adjoining residential area. 2) Ensure the proposed substation is compatible with the adjoining residential area. 3) Ensure the proposed substation will not have a detrimental environmental impact upon the adjoining residential area. Also, it does not appear that the applicant has attempted to contact the Water Management District relative to preservation of vegetation along the canal. As such, applicant has not it's their burden relative to compliance with Special Exception Criteria Nos. 2, 3, 4, 7, and 10. FPL DANIA CUT OFF CANAL SPEC EX AND SITE CC REPORT 052201.doc PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION • The Planning and Zoning Advisory Board voted to move the special exception request forward to the City Commission, with the recommendation that the City Commission make a "finding" as to whether the applicant has met the Special Exception Criteria 2, 3, 4, 7, 10, 11, and 14). STAFF RECOMMENDATION Applicant has not addressed City Commission concerns necessary to show that Special Exception Criteria Nos. 2, 3, 4, 7, and 10 have been met. Staff recommends that the Special Exception Request be continued to June 12, 2001 to allow the applicant sufficient time to amend the application accordingly. Staff also recommends that both the companion site plan and rezoning ordinance be continued to June 12, 2001. ATTACHMENTS Exhibit I — Special Exception Criteria Declaration of Restrictions submitted by applicant. Ownership and Encumbrance Search submitted by applicant. Letters from Patty Hart and M. P. Malone. • FPL DANIA CUT OFF CANAL SPEC EX AND SITE CC REPORT 052201.doc • (f) Criteria. Special exception uses and their related accessory uses or any expansion, enlargement or modification of an existing special exception use shall be permitted only upon authorization by the city commission (after review on an advisory basis by the planning and zoning board) provided that such uses shall be found by the city commission to comply with the following requirements and other applicable requirements as set forth in this chapter. (For additional standards applicable to a planned unit development, see article 7 of this chapter.) (1) That the use is permitted as a special exception use as set forth in the Schedule of Use Regulations, City of Dania Beach, in article 4 hereof. (2) That the use will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where it is to be located. (3) That the use will be compatible with the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning; (4) That adequate landscaping and screening are provided as required in this chapter. (5) That adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. (6) That the use will be consistent with the existing Comprehensive Plan. (7) That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community. (8) That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. (9) That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. (10) That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. (11) That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. (12) That the use will not overburden existing public services and facilities. (13) That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. (14) That the use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code, or otherwise adopted by the city commission. • ROK FPL- LAW/JB, D3552 (TUE) 6. 19' 01 15:07/ST. 15:05/RTC. 4862765148 P 2 PPL MEMO TO: Lynn Shatas DATE: June 7, 2001 FROM: Pamela M_ Rauch X LOCATION: (LAW/JB) RE: Griffin Substation/Declaration of Restrictions Attached please find two proposed-Declarations of Restriction which have been drafted in response to comments made at a previous City Commission Meeting at the City of Dania Beach in reference to the above. 1. First, Commissioner Bertino was concerned about FPL or its successor's ability to construct improvements in the 60-foot right of way abutting the canal located to the south of the subject property. Currently, the subject 60 feet is used for transmission facilities and other electrical facilities. The Declaration of Restrictions as proposed, prevents FPL or any successor from constructing any building or structural improvements, including substations or electrical substation improvements, within the restricted parcel. However, transmission and distribution lines and related facilities would be permitted. FPL is willing and able to agree to the Declaration of Restrictions as proposed. It is our understanding that the City Attorney has approved the document as to form. The City Attorney did state however, that he was concerned that the Commission also desired t0 feStrlC[transmission and distribution lines and facilities as well. FPL dditional transmission and cannot agree to further restrict the parcel by restricting a distribution lines and facilities from being installed in the 60-foot right of way. The entire purpose of constructing the Griffin Substation is to provide efficient, safe and sufficient electricity to the surrounding area. In order to utilize this substation now and in the future, the 60-foot right of way will be part of the area where the lines come into the substation. Furthermore, the City of Dania Beach has no regulatory jurisdiction over the location of transmission and distribution facilities at this location. The only authority the local government has over the construction of electric utility lines ?n the issuance of the right of way construction permits when such facilities are to be located in public right of way to ensure construction does not interfere with the traveling public. 2. Second, in response to Commissioner Mikes concerns, FPL has agreed to execute a restrictive covenant where FPL agrees not to seek permits from the tl the ISS 2 regarding remov3 the vegetative buffer along the canal. FPL also explore tOM FPL-LAW/JB, 83552 (TUE) 6. 19' O1 15:07/ST. 15:05/N0. 4862765148 P 3 erosion of the canal. Consultants have reviewed the issue and determined that no erosion is occurring to the canal banks. The Declarations of Restriction as proposed will meet the objectives presented at the previous public hearing in that no future development in the 60 foot parcel will occur other than transmission and distribution facilities related to providing electric service to our customers, and FPL will not remove the vegetative buffer along the canal in order to maintain a visual screen to the south. PMR/kj Cc/Jack McNeal Dave Martino Jean Salem .OM FPL-LAW/JB, D3552 (TUE) 6: 19' 01 15:08/ST, 15:05110, 4862765148 P 10 i DECLARATION OF RESTRICTIONS KNOW ALL BY THESE PRESENTS, that the undersigned, FLORIDA POWER & LIGHT COMPANY,a corporation organized under the laws of the State of Florida (the "Owner") makes this Declaration of Restrictions (the "Declaration") as of the day of May, 2001. WITNESSETH WHEREAS, Owner is the owner of the real property (the "Property")described in Exhibit "A" attached hereto and by this reference made a part hereof; WHEREAS,Owner wishcs to develop an electric distribution substation and as such requires (i)a rezoning of the Property from I-G to an TRO zoning classification; (ii) a special exception to permit the construction of a substation;and (iii�site plan approval; WHEREAS,in connection with the application for rezoning, special exception and site plan approval, the City of Dania Beach,a municipal corporation of the State of Florida (the "City"),has expressed certain concerns with respect to a canal right-of-way which lies south of the Property and is commonly known as the Dania Cut Off Canal; WHEREAS, Owner has no intention of developing,nor seeking permission from SFWMD to develop the land immediately adjaccnt and south of the Property, (the "SFWMD Lands"). NOW,THEREFORE,Owner,for itself, its successors and assigns,covenants and agrees with and for the benefit of the City as follows: 1. Recitals. The foregoing rccitals are truc and correct and are incorporated by reference herein. 2. Restrictions. Owner agrees that for so long as it maintains an electric distribution substation on any portion of the Property,it shall not apply for, or otherwise seek or pursue,a permit or permits from the SFWMD to construct any building improvements on any portion or portions of the SFWMD Lands or to remove any vegetation from the SFWMD Lands. 3. Modification,Amendment,Release. The terms of this Declaration of OM FPL-LAW/J8, D3552 (TUE) 6. 19' 01 15:09/ST. 15:05/NO. 4862765148 P 11 Restrictions may be modified, amended or released as to the Property (or any portion thereof)by a written instrument executed by the then owner(s)of all of the Property provided that the same is also approved by Board of City Commissioners of the City of Dania Beach,Florida after public hearing. Should this Declaration of Restrictions be so modified, amended or released, the proper City official(s) shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 4. Enforcement. This Declaration shall inure to the benefit of the City and may be enforced by the City through an appropriate action at law or in to an action for injunctive relief or specific equity, including without limitation, Broward County, Florida. In conncction with any litigation arising out oflthis Declaratircuit Court in on, the rprevailing Ply shall be entitled to recover all costs incurred, including reasonable attorneys, fees and costs, at trial and all appellate levels. 5. Term. This Declaration shall be recorded, and shall become effective upon recordation in the Public Records of Broward County,Florida,and shall run with the land and shall be binding on all parties having any right,title or interest in the Property (or any portion thereon for a period of thirty (30)years from the date of such recordation after which time it shall be extended automatically for successive periods of ten(10)years each, unless an instrument signed by the then owner(s) of the Property has been recorded agreeing to change or terminate this Declaration in whole, or in part,provided that the Declaration has first been modified or released by the City in 0 accordance with Paragraph 3 above. 6. Governing Law. This Declaration shall be enforced in accordance with the laws of the State of Florida 7. Severability. Invalidation of any one of these covenants, by judgment of court, in no way shall affect any of the other provisions which shall remain in full force and effect. above. IN WITNESS WHEREOF, Owner has executed this Declaration as of the date first written Signed, sealed and delivered FLORIDA POWER & LIGHT COMPANY, )M FPL-LAW/1B, D3552 (TUE) 6. 19' 01 15:09/ST. 15 :05/N0. 4862765148 P 12 in the presence of: a Florida corporation By: Name: Its: Attest: By: Name: Its: [CORPORATE SEAL] tOM FPL-LAW/JB, D3552 (TUE) 6. 19' 01 15 :09/ST. 15:05/N0. 4862765148 P 13 STATF. OF FLORIDA ) SS: COUNTY OF BROWARD ) The forcgoing instrument was acknowledged before me this day of May, 2001, by and as and respectively, of FLORIDA POWER & LIGHT COMPANY, a Florida corporation, on behalf of said corporation. NOTARY PUBLIC, State of Florida My Commission Expires: PMR/Miscellaneous/Declaration of Restrictions.doc KM FPL-LAW/JB, D3552 (TUE) 6. 19' 01 .1.5;09/ST. 15:05/N0. 4862765148 P 14� FEDERAL WEST UNE of NE1/4 of SEC. 34-50-42, N 1'53'16'1W 100® t R 296.03' o`a A 30. i� �f1 ® I Q 0 O 396.00' 16 CHAINS rc>, d ' .. ® o Cn ® Mo x W � -0 Za >z to � r^ j:, CD c� Cie � �► n, 396,00' I �'i B ri r" Lt �' �-° ID (6 CHAiNS) w o 3 4 3 29 g z fV EAST LINE Of N1�11 � Qr bGlfl C7 Fr,Z�, Zoe 811-3 E00/E00-d EOS-1 1d-4� V ?1tl OS-mil BS Y! -07.81-90 MAY-15-2001 TUE 10:53 AM FAX NO. P. 03 Sent by: Katz Barron 305 854 0740; 05/15101 10:31AM;)gtbL—K818;Page 213 G ' OWNERSHIP & ENCUMBRANCE SEARCH STATE OF FLORIDA ) COUNTY OF BROWARD ) TO WHOM IT MAY CONCERN IN RE: That portion of the right of way for DANIA CUT-O>"F CANAL, being a strip of land lying 100 feet on each side of the center line thereof,being more particularly described as follows: The South 100 feet of the Northwest Quarter(NW%)of the Northeast Quarter(NE '/.)in Section 34,Township 50 South.flange 42 East, Broward County, Florida,lying East of the right-of-way of State Road No. 5 (Federal Highway), as the same is now located and establish©d. TOGETHER WITH The South 100 feet of the Southeast Qvzxrter(SE'/4)of the Northeast Quarter(NE '/•)of the Northwest Ouarter (NW%)in Section 34,Township 50 South, Range 42 East, Broward County, Florida,lying East of the right-of-way of the Florida East Coast Railroad, as the same is now located and established. CH CAGO TITLE INSURANCE AGENCY, INC., a Florida corporation,hereby certifies as of April 11,2001, at 6:00 A.M.that it has caused a search to be made of the Public Records of Broward County, Florida, as to the above captioned lands and find the following: The record title to the land as described above is in the name of: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, formerly Central And Southern Florida Flood Control District,by virtue of that certain Deed from the Board Of Commissioners Of Everglades Drainage District, dated February 13, 1953, recorded February 25, 1953, in Deed Boole 811, Pago 417,of the Public Records of Broward County,Florida This report Is prepared for Information purposes and the responsibility hereunder is confined to the party for which it is prepared; and acceptance of this report shall evidence agreement with the company that this is not a commitment to insure title,furthermore this report is not to be construed as an opinion of tide. 0 CNICX.GO TITLE INSURANCE AGENCY. INC. I MAY-15-2001 TUE 10:53 AM FAX NO. P. 04 ent by: Katz Barron 305 654 0740i 05/15/01 10:31AMostrax #0 wage 313 161N WITNESS WHEREOF,CHICAGO TITLE INSURANCE AGENCY, INC., a Florida corporation, has caused this Certificate to be signed by an authorized after and sealed with the Corporate Seal this Ath day of May, 2001. GHICA O ITLE SURANCE AGENCY, INC. CERTIFICATE N0. 32Q13-B (Revised) BY: Dennis F. Peters, CLS President CNICAGO TITLE INSURANCE. AGENCY, INC. ti 5 i 21;"2 C1 11 01: 51 PAGE 02 \l SOUTH FLORIDA WATER MANAGEMENT DISTRICT �\ 3301 Gur.Club Pio3d,Wrest Palm beach,Forida 33»0� - 1561)r86-h800 • FL IVATS 1-800-432-2045 TDD(561) 697-25'1 Matlirtg �.ddre95 1=Q 24660,Nest Palm 13e3ch, FU 3341h-468i? t�cvt twmd.Fo: LAN 08 May 18, 2001 Ms. Brenda Lee Chalifour Attorney at Law 2001 South Surf Road Suite 4B Hollywood, FL 33019 Dear Ms. Chalifour-. Subject: Dania Cut-Off Canal; Section 34, Township 50 South, Range 42 East At my request. the South Florida Water Management District's Real Estate Department has reviewed the District's title to the portion of the Dania Cut-Off Canal that is located east of U.S. 1, north of the centerline of the canal and adjacent to a tract of land owned by Florida Power & Light Company. Based on our research to date, no deed evidencing title to right of way lying north of the centerline of the canal has been located. 0 The District is willing to review and consider any title work that is provided by the City of Dania or Florida Power & Light that purports to convey a fee simple or other real property interest to the South Florida Water Management District or one of its predecessors in title. Nothing in this letter should be construed as relinquishing any potential prescriptive rights the District may have acquired to the channel for conveyance or other purposes. While the District does not own the land in fee simple, we would be supportive of efforts to repair erosion and shoaling, stabilize the banks of the canal and remove exotic and hazardous vegetation that could adversely impact the conveyance capacity of the canal. Under District permitting rules (Rule 40E-6) docks meeting criteria are permissible in the Dania Cut-Off Canal. Sincerely, Thomas L. Fratz Director Right of Way Dep Water Resources Operations TLFIcs c: M. Meeker - FDEP FxMIT,"Vc OFFICE V tCo!•�s 1 GwiPi-t'ez.jr-Esq.,C%v;:m::a \(i;!-,, 1 Collin.-. Patrick I.Gleason Frank R.Finch,P.E.,E.rccutivc D Trudi K. {1'illiatn5. :',•-•_%•+ (-tut:^ \4.FngEs:i Lennart E.Lindahl a^ ny .a BrN'ks-Thornas t:,er.trdo 3 Fem)ndcz Harklec R.Thomton !�•: ' l;' ?=�1 =�1 F1 0 PAGE 01 Brenda Lei. C'halifour ALLorney A Law Via Facsimile — Total nuunber of pages including this one = 2 TO. LARRY LEERS FROM: Brenda Lee Chalifour, Esq. DATE: May 21., 2001 RE: FP&L Substation Mr. Leeds, per your instruction, please see the attached. l suggest the following conditions could be added to the change of zoning to 0 sati.sfv the concerns raised by the Mayor and Commissioners: (l)There shall be no development activity of any kind in the "restricted parcel"' (including anything other than buy wires) without the express written permission of the City Commission. (2) There shall be t10 development activity of any kind (including docks) in the area running north from the centerline of the Dania Cut-Off Canal to the FP&L south property line_ (3) FP&L agrees to repair erosion and shoaling; stabilize the banks of the canal and remove exotic and hazardous vegetation in cooperation with the South Florida Water Management District and the State of Florida Department of Environmental Protection. (4)FP&L agrees to landscape the entire l=P&L site to ensure maximurn natural vegetation screening of development on the property. ' The term "restricted parcel" should be clearly defined (e.g., 60 feet from the shoreline, or 100 feet from the centerline of the canal, or the exact area you are referring to). This teen is not defined in the "declaration of resti-ictions." 4b - M4AN- ooc-i. FL - -V "`trice �O�-2�1-�3?08 - 1 ac imile: Q� 92> O£ 11�rye: "4-�G:�-c�3:1t� - F-mail: blcl�ali4Cawl.coii MAY-15-2001 TUE 10:53 AM FAX NO. P. 02 Sent by: Katz Barron 305 954 0740; 05/15/01 10:31Ak1;)jLFnx #8i8;Pa9e 1/�j 0 KATZ, BARRON, SQUITRRO & FAUST, P.A. 2699 South Rayshore Drive Seventh Moor Mi;zml, Florida 33133 Telephone(305) 856-2444 Telecopier (305)285-9227 DATE: May 15,2001 SEND TO: Thomas Ansbro,Csq. Weiss Scrota Hclfman Pastoriza& Guedcs, P.A. FAX, 1-954-764-7770 RE: FP&.L/Griffin Substation Zoning Application/City of Dania Reach OUR FILE NO.: 06010005 TOTAL PAGES,INCLUDING THIS COVER SHEET: 3 • IF THERE ARE ANY PROBLEMS IN RECEIVING, PLEASE CALL: Santa This facsimilc contains PRIVILEGED and CONFIDENTIAL inrunnation intended only for the uic of the addtesscc(a)named above. if you arc not tho Inten4zd rocip lent of this facsimile,or the employoe or anent rasponslble for dollverhtF it to tha intcndtd recipient you are hereby notified that any dissemination or copying ofthis facsimile is strictly prohibited. If you have wo(Wd this faosimk in error,plcstsc immodiatcly nutily the sender Owe by telephone(eolleo(onll if nemsary)and tcturn the original Owe address viat the U.S.Mail. lhunk you. COMMENTS: PLE SE SEE ATTACHED A COPY OF THR OWNERSHIP & E MBRANCE SEARCH WHICH SHOWS TITLE TO THE OPERTY IMMEDIATELY ADJACENT AND SOUTH OF THE FP&L PROPERTY TO BE IN SOUTH FLORIDA WATER MANAGEMENT DISTRICT. I AM WORKING ON TRYING TO GET YOU A SKETCH. FROM: ALICIA M. MORALES-I ERNANDEZ, ESQ. FAX NO.: 305-285-9227 �GOVE D • May 16, 2001 MI AY 1 ? 2-6O� Larry Leeds, Growth Manager Director City Of Dania Beach Dear Larry, Being concerned about the FPL expansion on the north side of the Dania Cut-Off Canal MP Malone and I had a neighborhood meeting. Lots of questions were asked and answered I visited the site before the meeting and talked to John Cohen, owner of the tree farm on the adjoining property. John has been therefor twenty plus years. His children were not born with two noses or more/less than they needed in other body parts. John too has not become ill from working next to the power station. We were worried about how it would look, is there buzzing noise, is it harmful to one's health? At the commission meeting Bill Wosnitz and Craig(don't know the last name) spoke against the project. They did not attend the neighborhood meeting. Those who did were satisfied or they would have followed this through to the commission. Craig had a problem with the current and said a seawall should be installed There is a coral ledge along the carnal and the access narrows as you approach the bridge. This narrow bridge opening.is causing the swift current, not lack of a sea wall. This coral adds to the natural beauty of our waterway. • W and I visited Cozy Cove Marina and the streets that end at the canal and you can't see what is up there now, and the new equipment will be lower in height and heavily landscaped on a berm. FPL will be removing dead trees and cleaning up the FPL property line on the south side. They do not own the property located along the canal where the big trees are. We have taken the time to visit the property on Tuesday,May 15`h with Lynn Shatas and David Martino,from FPL From the beginning they have provided us with the plans and aerials. We have found them vary open to suggestions and our questions. When the project is approved and we feel that it should be based on what we have been told and what we have seen, and our future needs for electricity. W and I, along with any others who have concerns can review the property survey and make suggestions as needed at this time. They are not closing the door once they get approval. Please copy this to Jason,Mayor Flury, Vice Mayor Chunn, Commissioners Mac, Mikes, and Bertino. Thank you for listening. qatt4y rely, Hart&MP Malone April 24, 2001 Larry: We have met with Lynn Shatas on two occasions and many phone calls. We are satisfied with the landscaping and irrigation plan that we received last Thursday. incerely, Patty Hart Malone