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2007-02-14 Regular City Commission Meeting Agenda Packet
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING WEDNESDAY, FEBRUARY 14, 2007 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BLVD.,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Avram Skurowitz, Maimonides Academy 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Presentation to Commissioner C.K. McElyea 4.2 Presentation to Fire Chief Ken Land 4.3 Firefighter of the Year Award 4.4 BSO Preliminary Report on 2006 Statistics 5. PROCLAMATIONS Dania Beach City Commission Agenda—February 14, 2007 Page 2 of 9 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or interested parties that are not part of the regular agenda,may be made during each Commission meeting during the period set aside for"citizen comments." A thirty (30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the January 18, 2007 Abatement Hearing Approve Minutes of the January 23, 2007 City Commission Meeting 7.2 Travel Requests: Request of Pansy Warwick, Occupational License Coordinator, to attend the Florida Association of Occupational Licensing Officials State Conference, from April 24-27, 2007 in Orlando Florida, for certification purposes. (Estimated cost$750, remaining balance $4,608) Resolutions 7.3 RESOLUTION #2007-018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING THE OFFICIAL INTENT OF THE CITY TO FINANCE THE ACQUISTION AND INSTALLATION OF A GENERATOR AT THE CITY HALL COMPLEX BY INCURRING DEBT AND TO USE THE PROCEEDS FROM SUCH DEBT TO REIMBURSE THE CITY FOR EXPENDITURES MADE PRIOR TO THE SUCH DEBT BEING INCURRED; PROVIDING FOR PUBLIC AVAILABILITY FOR INSPECTION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF REPAIR SERVICES FROM JOHN P. DOWNS COMPANY INC., A COMPANY, IN AN AMOUNT NOT TO EXCEED $20,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—February 14, 2007 Page 3 of 9 7.5 RESOLUTION #2007-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH BROWARD COUNTY AND THE CITY FOR PUBLIC TRANSPORTATION SERVICES WHICH AGREEMENT PERTAINS TO TWO (2) SHUTTLE BUSES AND EXPANDED BUS SERVICE TIMES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-028 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF WELDING AND REPAIR SERVICES FROM KAM MACHINE SHOP OF BROWARD COUNTY, A COMPANY, IN AN AMOUNT NOT TO EXCEED $15,000.00 FOR THE REMAINDER OF FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-029 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 33" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2008-2009) IN THE APPROXIMATE AMOUNT OF $402,478.00, TO PROVIDE FUNDING FOR THE NORTHWEST COMMUNITY OUTREACH CENTER PROJECT LOCATED IN CENSUS TRACT 805.002; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO IMMEDIATELY BEGIN THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE CENTER FOR A CITY MATCH OF THE PROJECT IN THE AMOUNT OF APPROXIMATELY $702,770.00 WITH FUNDING DERIVED FROM FINANCING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING WATER AND SEWER EXTENSION POLICY; PROVIDING FOR THE REQUIREMENTS FOR DEVELOPMENT OF WATER TRANSMISSION AND DISTRIBUTION FACILITIES, AND WASTEWATER COLLECTION AND TRANSMISSION FACILITIES WITHIN THE AREA SERVED BY THE CITY UTILITY SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE Dania Beach City Commission Agenda—February 14, 2007 Page 4 of 9 DATE. 7.9 RESOLUTION#2007-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH ELAN LAWN AND LANDSCAPE SERVICES IN AN AMOUNT NOT TO EXCEED $91,150.00 FOR EXOTIC VEGETATION REMOVAL AT SITE 449 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $20,000.00 FOR DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF DIXIE HIGHWAY AND SW 2ND AVENUE; AUTHORIZING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2007-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND ROBERT MCDONALD AND ASSOCIATES, P.A., DATED APRIL 20, 1999, TO UPDATE ARCHITECTURAL AND CONSULTING COSTS RELATING TO CONSTRUCTION OF THE CITY OF DANIA BEACH PUBLIC SAFETY FACILITY (FIRE- RESCUE STATION 93), TO REFLECT ANTICIPATED AND REQUIRED SERVICES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION 92007-035 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC., UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06- 012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—February 14, 2007 Page 5 of 9 7.13 RESOLUTION #2007-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT NOT TO EXCEED $24,750.00 FOR CONSTRUCTION PHASE SERVICES FOR INSTALLATION OF MAST ARM TRAFFIC SIGNAL AT THE INTERSECTION OF DANIA BEACH BOULEVARD AND SE 5" AVENUE; AUTHORIZING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.14 RESOLUTION #2007-037 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWO HUNDRED THIRTY- EIGHT THOUSAND TWO HUNDRED NINETY TWO DOLLARS ($238,292.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.15 RESOLUTION #2007-038 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $5,100.00 FROM H.T.E. INC., FOR THE PURCHASE OF THE SUNGARI) H.T.E. ASP PROGRAM "CODE ENFORCEMENT CLICK2GOV ONLINE SERVICES", FOR PAYMENTS OF A STARTUP FEE AND MONTHLY ACCESS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.16 RESOLUTION #2007-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO A MASTER PLAN FOR THE DANIA BEACH LIBRARY AND RELATED PARKING FACILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.17 ORDINANCE 42007-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY RENE MILLER WITH THE FIRM MILLER LEGG & ASSOCIATES, Dania Beach City Commission Agenda—February 14, 2007 Page 6 of 9 INC., REPRESENTING THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC., FOR THE "DJP AIRPORT WEST" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 26TH TERRACE BETWEEN SW 32ND STREET AND SW 33RD STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DJP AIRPORT WEST" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION #2007-032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR SOLAR STREET LIGHTING; AUTHORIZING THE AWARD OF BID TO CAPRI INDUSTRIES INC. FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE PURCHASE AND INSTALLATION OF THE SOLAR LIGHTS IN THE AMOUNT OF $1,077,390.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE#2007-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 17-19.1 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "GASOLINE AND OTHER PETROLEUM PRODUCTS PROHIBITED IN RESIDENTIAL AREAS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE#2005-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Dania Beach City Commission Agenda—February 14, 2007 Page 7 of 9 9.3 RESOLUTION #2007-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BOND FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1085 SE 6TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION #2007-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF JEFF GUZOWSKI, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 238 SE 2ND STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION #2007-023 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CLYDE AND VICTORIA NANAN, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT THE 200 BLOCK OF NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION #2007-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JASON DUBOW, ESQUIRE REPRESENTING KATHERINE D. TROSCLAIR, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS" AND ARTICLE 6.21 "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 36 SE 8TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2007-025 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALLER, ARCHITECT, REPRESENTING KEVIN HERRING JR., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT SW 4TH TERRACE AND PHIPPEN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN Dania Beach City Commission Agenda—February 14, 2007 Page 8 of 9 EFFECTIVE DATE. 9.8 RESOLUTION #2007-026 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER, ARCHITECT, REPRESENTING KEVIN HERRING JR., FOR PROPERTY GENERALLY LOCATED AT SW 4TH TERRACE AND PHIPPEN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.9 RESOLUTION #2007-033 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY I. KUSHNIR INVESTMENTS FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JANUARY 24, 2006, AND EXPIRES ON JULY 10, 2007) RELATING TO THE APPROVALS OF VARIANCE VA-46-04 BY RESOLUTION 2005-024 (HEIGHT VARIANCE); SPECIAL EXCEPTION USE SE-36-04 BY RESOLUTION 2005-023; AND THE SITE PLAN REQUEST SP-16-05 BY RESOLUTION 2005-101; FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Fetscher 10.4 Vice-Mayor Anton 10.5 Mayor Flury 11. DISCUSSION AND POSSIBLE ACTION 12. APPOINTMENTS 12.1 Airport Advisoryoard (15 Members— 3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 appointment Commissioner Fetscher— 1 appointment 12.2 Civil Service Board (5 Regular and 3 Alternate Members — 2 Commission appointed residents, 1 City Manager appointed resident, and 2 elected City employees; 1 Commission appointed Alternate Resident, 1 City Manager appointed Alternate Dania Beach City Commission Agenda—February 14, 2007 Page 9 of 9 Resident, and 1 Elected City Employee Alternate) City Commission— 1 Resident 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 Appointment 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Fetscher— 1 appointment 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 1 Alternate position 12.6 Parks Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Mayor Flury— 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Tuesday, February 27, 2007—7:00 p.m. —Regular City Commission Meeting Wednesday, March 7, 2007—6:00 p.m. —CRA Board Meeting Wednesday, March 14, 2007—7:00 p.m. —Regular City Commission Meeting Thursday, March 15, 2007—6:00 p.m. —Abatement Hearing Tuesday, March 20, 2007—7:00 p.m. —City Commission Organizational Meeting Tuesday, March 27, 2007—7:00 p.m. —Regular City Commission Meeting 14. ADJOURNMENT ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING WEDNESDAY, FEBRUARY 14, 2007 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD., DANIA BEACH,FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 8. BIDS AND REQUESTS FOR PROPOSALS 8.2 RESOLUTION #2007-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO TROPIC FENCE, INC. IN THE AMOUNT OF $27,863.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 18, 2007 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests Mayor Flury moved Items #3.7, 43.8 and#3.9 to the top of the agenda. 3.1 Request for abatement for MYSB LLC for Case 904-1269, for property located at 4680 SW 33`d Avenue (#0230-03-0090) Attorney Tim Ryan advised this case involved two violations of failure to repair, replace or remove a fence which is in disrepair and falling down. The fine ran for 11 days for a total of $1,650.00, plus recording fees of $176.50, for a total of $1,826.50. The Special Magistrate recommended abating the fine to $500. Shlomo Beno, property owner, advised the building is a rental property with 6 apartments. He further noted that he complied in time. Commissioner Bertino motioned to keep the fine at $1,826.50; seconded by Commissioner F'etscher. Mr. Beno commented he is actually losing money with this property and has been trying to sell it for more than a year, without success. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes 3.2 Request for abatement for Bryan Road Investments LLC for Case #05-0835, for property located at 80 SW 8t" Avenue (#0234-24-0080) Attorney Tim Ryan advised the property was cited for one violation of failure to comply with all requirements and conditions of Site Plan approval. The project was approved for 33 units, but there were more than 33 units on the property. The fine ran for 61 days for a total of$6,100. The Special Magistrate recommended abating the fine to $2,500. Vice-Mayor Anton motioned to keep the original fine at $6,100; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.3 Request for abatement for Stewart C. Kachel Rev. Liv. Trust for Case #05-1008, for property located at 4448 SW 515L Street(#0136-02-0580) Attorney Tim Ryan advised this was a rental property that was cited for 4 violations of failure to obtain roofing contractor and replace the roof. The fine ran for 86 days for a total of$6,626.50, including recording fees. The Special Magistrate recommended abating the fine to $2,750. He recalled that the violations were corrected as soon as Arthur Kachel was aware of them. Arthur Kachel noted he received the property from his father. The hurricanes hindered his work on the repairs. He dried his roof in because it was getting damage from the hurricanes. The house still belonged to his father at that time and he had to purchase it from him to be able to get a permit for the repairs. He indicated he never received confirmation from the City that they inspected the property. Mr. Kachel confirmed he is a permanent resident at the property. Commissioner Castro motioned to abate the fine to $2,750, to be paid within 12 months, with equal monthly payments; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.4 Request for abatement for Hector J. & Henrietta Rodriguez for Case #05-1142, for property located at 3970 SW 51st Street (#0231-01-0264) Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, January 18, 2007—6:00 p.m. Attorney Tim Ryan advised the property was cited for 2 violations of failure to pave, repair or replace parking area asphalt. The fine ran for 330 days for a total of $49,676.50, including recording fees. The Special Magistrate recommended abating the fine to $5,000. Hector Rodriguez, 3404 Bridge Road, Cooper City, property owner, noted there are 3 units on the property, and he has owned the property for 20 years. He presented a timeline of events that delayed the repairs. Mr. Rodriguez further commented he was not aware that he needed to have an Occupational License for this property. Lastly,he indicated he is willing to comply but would appreciate a further reduction of the fine. Commissioner Bertino motioned to abate the fine to $5,000, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.5 Request for abatement for Garth Simpson for Case #05-1420, for property located at 722 SW 3`d Place (#1203-36-0700) Attorney Tim Ryan advised the property was cited for one violation of trash, debris and overgrown grass and weeds. The fine ran for 197 days for a total of $34,651.50, including recording fees. The Special Magistrate recommended abating the fine to $6,000. Dex Donaldson explained he manages the referenced property and one located next door. He noted they complied on both violations at the same time. However, they did not receive a violation for both properties, only for one. Attorney Ryan indicated there may have been an earlier violation, but the violation for Final Order was entered by the Board in January, 2006. The citation was issued September 12, 2005. Commissioner Fetscher motioned to abate the fine to $6,000, to be paid within 30 days; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.6 Request for abatement for GC Properties LLC for Case #05-1425, for property located at 2402 SW 54th Street (#0232-23-0210) Attorney Tim Ryan advised the property was cited for one violation of failure to obtain permits for the construction of an addition/accessory structure and a fence. The fine ran for 201 days for a total of $30,326.50, including recording fees. The Special Magistrate recommended abating the fine to $10,000. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, January 18, 2007—6:00 p.m. Steven Valancy, representing GC Properties, noted his client obtained the property from a tax sale and the violation was from the prior owner. The property was brought into compliance after the tenant was evicted from the property. He commented that the Special Magistrate found that the circumstances for the delay in complying were beyond the owner's control and felt that $10,000 was appropriate considering the way he acquired the property. Mr. Valancy thought that the property would be resold. Vice-Mayor Anton motioned to keep the original fine at $30,326.50; seconded by Commissioner Bertino. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury No Commissioner Fetscher Yes Items #3.7, #3.8 and#3.9 were heard before Item #3.1 3.7 Request for abatement for Nelson McCutcheon for Case #01-0094, for property located at 401 NW 3rd Place (#0234-06-0410) Attorney Tim Ryan advised the property was cited for 3 violations of failure to repair or replace screen door, and a two-part Final Order was issued. The fine for the first part ran for 1,571 days for a total of$31,520, including recording fees. The fine for the second part ran for 1,745 days for a total of$69,800. The total for both fines is $101,320. The Special Magistrate heard the case on September 11, 2006 and recommended abating the fine to $10,000. Harry Hippler, Attorney representing Mr. McCutcheon, noted the Special Magistrate recommendation included giving Mr. McCutcheon 180 days to clear up the title (March 11, 2007) and sell the property. He asked if they could come back to the Commission to ask for an extension, if the property was not sold in 180 days. Attorney Ryan suggested establishing an abatement amount and giving them six months to pay, then they can request an extension if the property has not sold. In addition to the fines, the Code Compliance Unit indicated there were assessment liens for fence and screen structure removal in the amount of $3,901. He advised this amount should be paid to the City and recommended adding the assessment to the previous amount of$10,000. Attorney Hippler noted they would be agreeable to pay $14,000. Vice-Mayor Anton motioned to abate the fine to $14,000, to be paid within 180 days, and for Mr. McCutcheon to obtain a realtor within 60 days; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,January 18, 2007—6:00 p.m. Items #3.8 and #3.9 were heard together as it is the same property owner, with different addresses 3.8 Request for abatement for J&J Properties of Broward Inc. for Case #04-1241, for property located at 11 S. Federal Highway, a/k/a 15 S. Federal Highway (#0234-01- 3380) 3.9 Request for abatement for J&J Properties of Broward Inc. for Case #04-1242, for property located at 17 & 19 S. Federal Highway, a/k/a 20 N. Federal Highway (#0234-01-3390) Attorney Tim Ryan explained the location of the properties and advised the owner was cited for one violation in each case, for failure to complete unfinished work on parapet causing a blight factor for adjoining property owners. The fine ran for 624 days for a total of$62,576.50 each, including recording fees. The Special Magistrate recommended abating the fine to $60,000 on both cases ($30,000 each). Harry Hippler, Attorney representing the property owner, presented a timeline of events that delayed the repairs: Mr. Kodner did not receive the full value of the loss from the insurance company; and the City lost his paperwork. Attorney Hippler indicated that two hurricanes in 2005 (Katrina and Wilma) set him back from making repairs. Mr. Kodner also had an additional insurance claim due to a vehicle running into the building. He noted there should only be one violation because it is only one property, with two folio numbers. Attorney Hippler requested the Commission abate the fine to a more reasonable amount, considering it is only one property. Attorney Ryan explained that the information provided by Attorney Hippler is the same that was presented to the Special Magistrate, exclusive of the car incident. He agreed it is a one building structure. Attorney Hippler clarified for Commissioner Castro that repair work started in April, 2005, when Mr. Kodner received a check from the insurance company. Commissioner Bertino motioned to abate the fine to $60,000, to be paid within 60 days for the two cases seconded by Vice-Mayor Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher No Item #3.1 was heard after Item #3.9 Items #3.10 and #3.11 were heard together as they pertain to the same property owner and property address, with two separate violations Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,January 18, 2007—6:00 p.m. 3.10 Request for abatement for Moshe Bachar for Case #04-1096, for property located at 2411 SW 581h Manor (#0232-21-0150) 3.11 Request for abatement for Moshe Bachar for Case #06-0159, for property located at 2411 SW 58'h Manor (#0232-21-0150) Attorney Tim Ryan advised the property was obtained from illegal activity of the owner of the property. In these cases the U.S. Government has jurisdiction. The property owner was cited for 2 violations of failure to obtain an Occupational License and an accumulation of trash and debris. The fine ran for 325 days for a total of $32,676.50, including recording fees. The Special Magistrate recommended abating the fine to $1,500 ($750 in each case), to recover the City's administrative costs. Lisa Trujillo, U.S. Marshall's Office, noted they will sell the property and the funds would go to Law Enforcement. Commissioner Castro motioned to abate the fine to $1,500, to be paid within 30 days, for both cases; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes At this time Attorney Ryan advised that the applicant for Item #3.4 had requested 60 days to pay the $5,000 fine, instead of 30 days as approved in the motion. Mr. Rodriguez advised he needed more time to process the mortgage which would take at least 45 days. Commissioner Castro motioned to allow Mr. Rodriguez to pay the $5,000 fine within 90 days; seconded by Commissioner Bertino. The motion carried unanimously. 4. Adjournment Mayor Flury adjourned the meeting at 7:04 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR—COMMISSIONER Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday, January 18, 2007—6:00 p.m. e MINUTES OF REGULAR MEETING DANIA.BEACH CITY COMMISSION TUESDAY, JANUARY 23, 2007 — 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Mario Cinelli, Lighthouse Community Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Update on Fire Station 93 —Deputy Fire Chief Cassano Deputy Fire Chief Cassano advised the plat dedication would be ready within the next 30 days. He also reported the following: the plan review is still in progress and going well; the ERP has been approved by the Broward County Environmental Protection Agency; the connection agreement for wastewater and engineering was signed by the City Manager and is being returned to the County; the Broward Health Department water distribution is pending signatures; the Broward County Traffic Engineering Department should finish their review by February 10; and off-site plan work is being reviewed for the second time to address some comments from staff. Deputy Fire Chief Cassano further noted that all approvals should be received by the second week in March, and we would then go out to bid. Commissioner Bertino commented the Commission received a letter from an attorney representing the property owner located directly north of the Fire Station, who would like to offer it for sale. He questioned if the City would be interested in purchasing the property. Deputy Fire Chief Cassano advised he visited the property at the request of the owner. He added there was no need for the City to purchase it and clarified that the property owner will not be adversely affected by the Fire Station. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments George Jason, 4549 SW 37th Avenue, addressed everyone regarding the Community Emergency Response Team (CERT) Program. He advised they are working in conjunction with the Fire Department and are looking for volunteers for the program. They will be sending out a mailing which will include the information on the CERT Program and will provide the Fire Department with a list of those who are interested in joining the group of volunteers. 7. Consent Agenda Item #7.5 was pulled from Consent Agenda 7.1 Minutes: Approve Minutes of the January 9, 2007 Regular City Commission Meeting Approve Minutes of the January 11, 2007 City Commission Workshop 7.2 Travel Requests: Patricia Varney, Finance Director, to attend the H.T.E. User Conference in Lake Mary, Florida from February 19-22, 2007. (Estimated cost $748.50 —remaining balance $1,510) Joe Husosky, Technical Analyst/Webmaster, to attend the CivicPlus User Conference in Chandler, Arizona from February 27-March 3, 2007. (Estimated cost $1,474 — remaining balance $26) Resolutions 7.3 RESOLUTION #2007-001 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A ONE YEAR AGREEMENT WITH PROTECT POINT,FOR THE PURCHASE OF SUPPLIES, SERVICES,EQUIPMENT AND MATERIALS FOR A ONE YEAR SUBSCRIPTION FEE FOR VIRUS PROTECTION FOR$1,200.00 AND A MONTHLY FEE OF $600.00 WITH THE SOLE PROVIDER, PROTECT POINT; SUCH AGREEMENT TO PROVIDE NETWORK SECURITY SERVICES TO INCLUDE A MANAGED FIREWALL, MANAGED INTRUSION DETECTION, MANAGED GATEWAY VIRUS PROTECTION, MANAGED GATEWAY SPAM ERADICATION AND MANAGED CONTENT FILTERING FOR THE CITY'S NETWORK; PROVIDING FOR Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION 42007-017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE LIGHT FIXTURES FOR THE PARKS & RECREATION DEPARTMENT AT A COST OF $22,958.00; PROVIDING THAT THE EQUIPMENT MAY BE PURCHASED FROM R&R ELECTRIC OF BROWARD, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances ('Title read by City Attorney) 7.5 ORDINANCE#2007-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 17-19.1 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "GASOLINE AND OTHER PETROLEUM PRODUCTS PROHIBITED IN RESIDENTIAL AREAS'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-001. He noted this is in response to the Commission request. City Attorney Ansbro advised that after review by the Fire Marshal and Fire Chief, it was decided to follow the federal and state regulations on licensing requirement for fuel trucks. He commented that other cities in the area do not restrict the vehicles used for transporting the fuel. City Attorney Ansbro recommended not regulating something we do not have jurisdiction over. Commissioner Bertino questioned whether the federal and state agencies regulate the size of the trucks delivering fuel. He asked if some verbiage could be included in our Ordinance. City Attorney Ansbro suggested posting weight limits on our streets, to restrict the size of trucks delivering in local neighborhoods. Commissioner Bertino motioned to approve Ordinance #2007-001, on first reading; seconded by Commissioner Castro. Mayor Flury commented on how trucks have been a problem in the past and the inconvenience caused to people in some residential areas. She thought we needed an Ordinance to prevent oversized trucks. City Attorney Ansbro advised he would talk to the Fire Marshal and the Fire Department about restricting trucks to 2,800 gallons and bring something back for Commission consideration. City Manager Pato asked City Attorney Ansbro if the regulations should be by weight of the truck, as opposed to how much a tank holds. Commissioner Castro suggested limiting the number of axles on the truck. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Vice-Mayor Anton motioned to approve the Consent Agenda, with the exception of Item # 7.5; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A CONTINUING PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR THE CITY OF DANIA BEACH NEIGHBORHOOD IMPROVEMENT PROGRAM TO CHEN AND ASSOCIATES ENGINEERING FIRM PURSUANT TO ADVERTISEMENTS FOR BIDS; MAKING FINDINGS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-015. Dominic Orlando, Director of Public Services, noted five consultants submitted proposals for this project. The Bid Committee recommended awarding the bid to Chen and Associates. He further commented that staff will meet with them on Friday, January 26, to review the Scope of Work and bring a cost proposal to the next Commission meeting. Director Orlando indicated that the Solar Lighting for SW 53 d Court could begin immediately. He clarified for Mayor Flury that the timeframe for the total completion of the project would be 5-6 months. Director Orlando asked the Commission if work could also be assigned to Miller-Legg, the second ranked firm, if required. It was the consensus of the Commission to deal with the second engineering firm when needed. Commissioner Castro motioned to approve Resolution #2007-015; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. 9. Public Hearings and Site Plans 9.1 RESOLUTION 42007-010 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE CITY OF DANIA BEACH COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR) PURSUANT TO SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR ADOPTION AND SUBMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-010. Laurence Leeds, Director of Community Development, noted this has been discussed several times over the past few years. He advised the Evaluation and Appraisal Report (EAR) is a requirement of the State of Florida so we can retain the ability to amend and modify our Comprehensive Plan. Director Leeds recommended approval of the EAR revisions. Mayor Flury asked Director Leeds to provide a copy of the Plan to each Commissioner. Commissioner Castro commended Director Leeds and his staff for going above and beyond on this project. She confirmed with Director Leeds that the City is required to submit this Report every five years. Commissioner Bertino asked for clarification on the Affordable Housing Element in the EAR. He was concerned that we would be locked into a certain percentage of the LAC to be affordable housing. Commissioner Bertino emphasized the fact that Dania Beach probably has more affordable housing than any other City in Broward County. Director Leeds advised we are not required to provide a minimum affordable housing in the LAC. He clarified for the record that in Future Land Use Plan Amendments, such as expanding the LAC or increasing the density for a small parcel, the County will require the City to make provisions for affordable housing. Commissioner Bertino confirmed with Director Leeds that the City of Dania Beach contribution to affordable housing is on record. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2007-010; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting S Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. 9.2 RESOLUTION #2007-011 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-88-06) SUBMITTED BY GUNSTER, YOAKLEY & STEWART, P.A., REPRESENTING THE PROPERTY OWNER, THE ARAGON GROUP, INC., TO VACATE A PORTION OF UNIMPROVED NE 5TH AVENUE (35 FEET WIDE), FOR PROPERTY GENERALLY LOCATED BETWEEN EAST DANIA BEACH BOULEVARD AND NE 2ID STREET AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-011. Donald R. Hall, Gunster Yoakley and Stewart, P.A., representing the applicant, advised the 35 foot wide strip of land east of the Jai Alai Fronton was donated to the City by Dania Jai Alai. The City never took action to build the road and the applicant is now requesting to vacate unimproved NE 5th Avenue right-of-way, between Dania Beach Boulevard and NE 2nd Street. He indicated that as a result of the new Boyd Gaming facility, the vacation will also address a landscape buffer on the east of the property and line up the right-of-way at Dania Beach Boulevard, in order to provide a full signalized intersection. Blake Cumbers, Vice President of Development of Boyd Gaming, presented an overview of the property as it exists today, and as they plan to develop it. He advised that in 1968 Dania Jai Alai conveyed the 35' tract to the City to build a road, but it was never built. Dania Jai Alai/Aragon is now seeking the return of the property for an easement for a mast arm for a traffic signal. Mr. Cumbers noted the easement will be dedicated to FDOT, not the City. Laurence Leeds, Director of Community Development, noted the property is currently in an unimproved area. He indicated that the road vacation would allow the driveway to be relocated in line with SE 5th Avenue, providing a full 4-way traffic signal at the intersection. Director Leeds further noted that the proposed plan calls for a 20-25 foot wide landscape berm. The Planning and Zoning Board recommended approval of the vacation. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2007-011; seconded by Commissioner Castro. Vice-Mayor Anton requested Commissioner Bertino amend the motion to state that this approval is based on the current plan as outlined in the Development Agreement between the City and Aragon Group, Inc. Commissioner Bertino amended his motion to include Vice-Mayor Anton's request. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.3 RESOLUTION #2007-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST SUBMITTED BY PROPERTY OWNERS JOSEPH AND MICHAEL MANCUSI, FOR AN EXTENSION OF VARIANCE VA- 29-05 DATED JANUARY 10, 2006, APPROVED BY RESOLUTION NO. 2005-183, WHICH IS SET TO EXPIRE ON JANUARY 10, 2007, FOR PROPERTY LOCATED AT 142 SW I AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-013. Corinne Church, Principal City Planner, explained that the City Commission approved the variance request on January 10, 2006 and it is now expired. She advised that the applicant indicated he has been unable to begin work on this project because he has been in the hospital. He is requesting an extension until January 10, 2008. Ms. Church commented the applicant is proposing changes that would allow the existing single-family home structure to be used for office space. She briefly described the variances requested. Mayor Flury opened the Public Hearing. Joe Mancusi, 214 NE 2nd Place, property owner, confirmed for the Commission that he intends to complete the project. He indicated he owns 14 properties in Dania Beach and spent most of the year recovering from the hurricanes and dealing with health problems. He expects to begin submitting permits within 2 months and start construction as soon as possible. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Fetscher would like to allow the applicant to have a 6-month period to start construction. Laurence Leeds, Director of Community Development, advised Mr. Mancusi that he should start pulling building permits in at least three months in order to start construction within six months. Commissioner Fetscher motioned to adopt Resolution #2007-013, provided the construction begins within 6 months; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. 9.4 RESOLUTION #2007-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RICHARD M. MOGERMAN, P.A., ON BEHALF OF THE PROPERTY OWNER BRI, LLC, FOR PROPERTY LOCATED AT 47 NORTH BRYAN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-014. Vice-Mayor Anton and Commissioner Bertino both disclosed having contact with Richard M. Mogerman, P.A., and the property owner. Corinne Church, Principal City Planner, explained the location of the property and advised the applicant is requesting a waiver of pervious area, and site plan approval to allow the construction of a 264,000 sq. ft. office/warehouse building. She noted the applicant has addressed most of staff s comments. The Planning and Zoning Board recommended approval, with staff conditions, regarding the site plan. Laurence Leeds, Director of Community Development, clarified for Commissioner Castro that the road would be adjacent to the property and the applicant would have to install a road along Dania Beach Boulevard, which would need to meet the standards for public streets, not a private driveway. Peter Diez, Diez Architecture, 7430 SW 48 Street, Miami, indicated it was a pleasure to work with City staff on this project. Commissioner Fetscher commented the building looked boring and he would like to see it modified with some innovative ideas. Mr. Diez disagreed with Commissioner Fetscher and commented he does not like to make commercial projects look residential. He noted the building has offices in the front, and warehouses in the back. Mr. Diez indicated that three more buildings should be underway by the end of the year. Commissioner Castro confirmed with Mr. Diez that the anticipated date of completion for this project would be by the end of this year. Director Leeds clarified for Commissioner Castro that there were no traffic issues related to this project. Commissioner Fetscher was concerned about the rainy season and what drainage arrangements had been made. Director Leeds indicated the applicant has been working with Public Services Director Orlando and they have discussed some preliminary engineering drawings where they would have to retain the water on site. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. Mr. Diez indicated that the Civil Engineering documents show an increased capacity in the exfiltration trench approximately 40 percent higher than required, to provide additional water storage on site. He also noted that pollution retardant baffles have been incorporated not only where required, but throughout the system for improved water quality. Additionally, two deep drainage wells are located southeast of the property line, which will provide extra storage for stormwater not captured by the exfiltration trenches. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Dominic Orlando, Director of Public Services, confirmed for Vice-Mayor Anton that all drainage concerns have been addressed. Commissioner Castro motioned to adopt Resolution #2007-014, with staff conditions; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino asked what was happening with the Dania Beach Hotel. City Manager Pato advised they failed to meet the requirements of the agreement. He further indicated that if the Hotel is not demolished by February 28, 2007, the City will keep the $100,000 deposit. City Manager Pato added that City Attorney Ansbro has already communicated with their attorney to this effect. Commissioner Bertino asked Director Leeds about the standards that need to be met by buildings of a certain size which are over 40 years old. Laurence Leeds, Director of Community Development explained that when buildings reach the 40-year old stage, the owners are required to submit structural and electrical plans demonstrating how they meet current Code requirements. If they do not comply with the current Code, they have to obtain permits to fix the deficiencies. He added that the Building Official is diligently trying to bring these buildings up to Code. Commissioner Bertino requested a list of buildings which are 40 years old be distributed to the Commissioners. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. 10.2 Commissioner Castro Commissioner Castro commented on the sound system in the Commission Chamber. She apologized to the residents of Dania Beach who watch the meetings at home and explained it is either BSO or the Fire Department. Commissioner Castro added we are working to have the problem resolved as soon as possible. Commissioner Castro commented that DCOTA is planning upgrades to their property. She noted they are incorporating fountains, restaurants and more landscaping and thought it was a great thing for the City. Commissioner Castro reminded everyone of the Melaleuca Gardens Homeowners Association meeting tomorrow night, at 7:00 p.m., in the Commission Chamber. She mentioned that Bob Bielek, Interim Director of the Aviation Department, would be the guest speaker, and invited everyone to attend. Commissioner Castro advised that buildings that have reached the 40 year-old mark and are located in the Enterprise Zone, could purchase construction materials with some sort of tax relief. She encouraged them to fix their buildings and take advantage of the offers available to them. Commissioner Castro commented the Arts and Antiques Festival held January 19-21, was a huge success. She thought this was a great event for the City. Commissioner Castro mentioned there were some minor problems that we will try to resolve for future events. She congratulated Clare Vickery and thanked Joe Van Eron, representing the Tourism Council. Commissioner Castro added that fifty percent of the attendees came from outside the City and stayed overnight to come back the next day. Commissioner Castro advised the Pirates World Reunion will be held March 31, 2007. She hoped the Parks and Recreation Department was processing the Special Event application. 10.3 Commissioner Fetscher Commissioner Fetscher thanked BSO for increasing protection and surveillance on SE 3`d Street and SE 5th Avenue. He commented he would like surveillance to continue in the future and thanked the neighbors in the SE area and the Meadowbrook Condominium for their cooperation. 10.4 Vice-Mayor Anton Vice-Mayor Anton reminded everyone of the Primary Election on February 13. He urged our residents to come out and vote. 10.5 Mayor Flury Mayor Flury congratulated Clare Vickery for her hard work on the Arts and Antiques Festival. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. Mayor Flury attended the Re-Opening of P.J. Meli Park and Aquatic Center. She commented the Park looks really nice, however it needs to be fenced in. Mayor Flury suggested we could use the Law Enforcement Trust Fund money to purchase the fence to make the Park a safer place. She asked City Manager Pato to look into the possibility of using those funds. Mayor Flury commented the C.W. Thomas Park building has been demolished, and that construction would soon begin. Laurence Leeds, Director of Community Development, advised that Coastal Contracting submitted the plans late last week, and the permit is currently being routed. Mayor Flury asked if we had a full compliment of Code Officers in the Code Compliance Unit. City Manager Pato advised that we currently have four Code Officers. He further indicated that one will be hired shortly, and one more will be included in the mid-year adjustment. He pointed out that we are still short two officers. Mayor Flury emphasized the fact that all new Code Officers should be hired with the understanding that they will have to work on Saturdays. She asked City Manager Pato to let the Commission know when a full staff is allocated. Mayor Flury asked if a date for a public meeting to discuss traffic issues had been set. City Manager Pato reported he received an e-mail from Kimley-Horn with the timeline of events and the names of four individuals to serve on the volunteer advisory committee. He would like the Commission to review the list of names and recommend additions. City Manager Pato noted that the first meeting will be held on Tuesday, January 30, 2007 at City Hall. Mayor Flury clarified for everyone that the City Commission asked for a public meeting to discuss traffic issues mainly in the SE area. She would like the public meeting on January 30 to be advertised publicly. City Manager Pato provided a timeline for the SE section and commented the NE area has been completed. He agreed with Commission Castro that the area east of I-95 should be looked at, but thought it was premature to deal with the rest of the City at this time, and indicated we should work in phases. City Manager Pato clarified that the meeting suggested by Kimley-Horn, on January 30, is only to establish a list of people for the advisory committee. Mayor Flury indicated this was not what was agreed upon by the Commission; they wanted a public hearing. Vice-Mayor Anton pointed out that at the January 11 Workshop Meeting, Kimley-Horn thought two weeks was not reasonable, and requested three weeks. He thought we needed to make them comply with our original request. Minutes of Regular Meeting I 1 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. City Manager Pato advised he would work with them and bring something back to the Commission. Mayor Flury confirmed that the Commission would like the first public meeting within the next two weeks. She further stated that postcards should be sent to all residents notifying them of the meeting. Vice-Mayor Anton clarified for the record that the public meeting is to solicit input from the residents in the City. Commissioner Castro indicated that in addition to the SE group, the advisory committee should also include residents from the NE and SW sections. She further noted that although Kimley- Horn offered to do design services, they need to understand our budget constraints. Commissioner Castro would prefer the City pay its own bills without requesting a loan from Boyd Gaming. City Manager Pato confirmed for Mayor Flury that Boyd Gaming would be paying for the study and the City would pay for construction. Mayor Flury commented we should be cognizant of the sex offender laws being tightened by other cities. She was concerned that those sex offenders would move to cities that have weaker laws. City Attorney Ansbro indicated BSO is very vigilant in having sex offenders move when they are aware of them. He added that this issue will be at the next Legislative session and hopefully it will be a statewide direction. 11. Discussion and Possible Action 11.1 Discussion of options for Street Closure at the intersection of Sheridan Street and SW 2nd Avenue—City Manager City Manager Pato commented that heavier barriers have been installed at the intersection of Sheridan Street and SW 2nd Avenue. He further advised that both he and Director Orlando will meet with FDOT on Thursday to discuss moving to a permanent structure. City Manager Pato indicated that FDOT has concerns and would like whatever we install now to eventually match what they plan to do on Sheridan Street. He further noted that FDOT owns the road and nothing can be done without their approval. Vice-Mayor Anton advised this started in 2003, and it has not yet been resolved. He would like staff to let FDOT know that we are not interfering with their plans. Vice-Mayor Anton commented we did not have any problems closing other streets for safety, and clarified that we only want to re-direct traffic to help the neighborhood. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. Commissioner Castro questioned if the hold-up on this project is because someone from Hollywood complained about not being able to cut through our streets. Commissioner Bertino commented FDOT owns that street'and dealing with them could be very difficult. He also indicated that the school system is having problems with the street closure, as well as school buses being backed up. 11.2 RESOLUTION #2007-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CHANGE ORDER TO THE EXISTING AGREEMENT WITH COASTAL CONTRACTING INC. FOR ADDITIONAL CONSTRUCTION WORK TO INCLUDE A CITY HALL GENERATOR(MANUFACTURED BY MQ GENERATOR) IN AN AMOUNT NOT TO EXCEED $213,867.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-016. Dominic Orlando, Director of Public Services, noted both warranties are for two years, with renewals for five years. He recommended purchasing the MQ unit, since there is a considerable difference in price. Patricia Varney, Finance Director, advised funding will come from money borrowed for the City Hall Expansion project. She commented we would not need to borrow the money for the generator and further proposed bringing forward a reimbursable Resolution at the next Commission meeting. Mayor Flury recommended taking the money from the funds allocated for this project. Vice-Mayor Anton motioned to adopt Resolution #2007-016; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato had no further comments. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, February 7, 2007—6:00 p.m. —CRA Board Meeting Wednesday, February 14, 2007—7:00 p.m. —Regular City Commission Meeting Tuesday, February 27, 2007—7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:47 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,January 23,2007—7:00 p.m. CITY OF DANIA BEACH Agenda Item # 7,3 Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: io Requested�Actton333 (Idenfity app�opnate ActionorMotion)� � � °��, � °g ' ,, " � , r , "! ' Approve reimbursable resolution for the purchase and installation of the generator in the City Hall Complex i'P 'c3 �I P,nIF,-, Jm 33 wl ',".. Why`Action'is Necessary �'. 3u 3' U Cost incurred prior to financing being completed aiq- "IRK �R t -� �' a.11 3 �s � WE.,::lw What A°coon Accom lashes Able to reimburse City's fund mg Vk Purchasing sts�®N "Y 3'3 . u - 0 �.,w k..a aw Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ S� x Sr .` l , l��`"' 5Surr>mary Explanation/Backg Opp nd �` � .z' .,.r�arJ?,�., �a r. ., d ��� ., � ._�..rn ,,� ti'� 3„u�';. .r_ �a i,sa�, A financing in the amount of$1,466,640 was issued in FY 2006 for the City Hall expansion project. The construction amount is$1,306,400 without any contingency being allocated. The furniture is estimated to be approximately $32,000. If no change order is required upon completion, the City would have an available funding from this financing in the amount of$128,240. The generator is budgeted in the FY 2007 budget in the amount of$100,000 through financing. The actual cost of the project is$213,867. Staff is recommending that the financing of this project be delayed for another 2 months to ensure no change order will be required upon completion of this project. The City will then issue another financing for the generator utilizing any available funding from the first loan. Since costs will be incurred prior to the issuance of the second financing, the reimbursable resolution is required to reimburse the City's fund. 3 r ,�5'3€`'� �FiscalImpact/Cost Summary�i ,,.r �� �a,__ x,:. � Y.4�_ ,.. _.a �s. .is��3. ......_v '>.�.�.__...�.. _F.�,.., i .3.>. s.. ....a..u,�.. . .� _u :7 Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �� �d '��x 3333i33hkk Id331 rh� � Y�,yam'. I >AUthortaed°Si natUres�fl � 3r 3" /y� _� ue �. w_. �uv: Submitted by Patricia Varney Date 01/26/07 Department Director Patricia Varney Date 01/26/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/26/07 City Attorney Thomas J. Ansbro Date 01/26/07 City Manager Ivan Pato Date 01/26/07 ft 3 � d3 a q j'3 P C�tyClerkU e s: �\ lal .w ,�_... - r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA, EXPRESSING THE OFFICIAL INTENT OF THE CITY TO FINANCE THE ACQUISTION AND INSTALLATION OF A GENERATOR AT THE CITY HALL COMPLEX BY INCURRING DEBT AND TO USE THE PROCEEDS FROM SUCH DEBT TO REIMBURSE THE CITY FOR EXPENDITURES MADE PRIOR TO THE SUCH DEBT BEING INCURRED; PROVIDING FOR PUBLIC AVAILABILITY FOR INSPECTION OF THIS RESOLUTION;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That this Resolution is adopted in order to declare the intent of City of Dania Beach(the "Issuer")to reimburse to the City certain expenditures with the proceeds of a borrowing, pursuant to Section 1.150-2, of the Code of Federal Regulations. This Resolution is not a commitment,covenant or representation of the Issuer that the project described as the acquisition and installation of a generator in the City Hall Complex or any portion of it will be undertaken. Section 2. That it is the reasonable expectation and intent of the Issuer to reimburse the expenditures described in Section 3 below by incurring debt in an amount not to exceed $215,000.00, the interest upon which may or may not be excludable from gross income under Section 103 of the Internal Revenue Code of 1954, as amended. Section 3. That the Project for which reimbursement is intended is described as follows: (a) The acquisition and installation of a generator at the City Hall Complex. (b) All planning, research, design, feasibility, surveys, testing and related services provided in connection with the Project. Section 4. Source of Funds. (a) The Issuer reasonably expects to pay for the Project costs to be reimbursed from the City General Fund. (b) The Issuer reasonably expects to pay debt service on the reimbursement bonds from the Capital Projects Fund. Section 5. That this Resolution shall be made available for inspection at the office of the Issuer at 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 during the Issuer's normal business hours on every business day of the period beginning on the date of adoption of this Resolution and ending on,and including,the date of issuance of the reimbursement bonds,unless a longer period of inspection is required by applicable public records laws of the State of Florida. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007 PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-018 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: cJ x 1A3 r 1 Req ested�►ctwn�3�, �7(Ide fity approp at�A' Qr Approval of resolution allowing for funding of street sweeper repair. WhyACtl on IS Necessary a P �� z x 3 Stormwater street sweeper is out of operation due to heavy maintenance issues caused by age and wear on hopper of machine. Wha Action AccomplislleS� " 3� Tryfq ... .,„�. ;'.....I .,. 4. ,.'3 �Ii..3 3•` . . ....... .,...,<.. Allows repairs that will put street sweeper back in service. E�„.Purchas ng Requests OILY 3� 3 � r I� p„3, ,.,,Yn»�,L, ..::,,�,a, .,.,,,,,, .d,( x.• .�x. ........ ..... ,,'',. ..3:.ii, ,a ��p..,,,�..,, �,„G,,,, .� �. .> .,n,$..., .,. ,,.,,,i,. ,,,,,,,rrU.... a,..., Dept: 3801 Stormwater Management Acct#: 403-3801-538.64-30 Amt: $20,000.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ® Grants: ❑ Capital: ❑ Wzl 1 ? i, s ,✓� 3 s 3 951 'vim i Summary Explanation/Background 3 R "we", See memo u3 - a" 3 �2 N'ti�ej0. �u m�xx 3m f 3�"n 33 F scal ttnpactfC-ot,SumrY., mow:- ate..., . ' r .. � _.... '. ...� $20,000 Exh�bi# Attach�ed� � Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �Authonzed.Signatures.. �.. ` ' .' 3 , :.' ..__.,.<1 Submitted by Leo Williams Date 01/24/07 Department Director Dominic Orlando Date 01/26/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/28/07 City Attorney Thomas J. Ansbro Date 01/29/07 City Manager Ivan Pato Date 01/29/07 • '�a�reg3 '"�� � — clerk Use z 3 a N ..... .. .•. �. K' ' f ,.x. was..,..,,...««..«....... .,... _,,, �.� ,.F Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF REPAIR SERVICES FROM JOHN P. DOWNS COMPANY INC., A COMPANY, IN AN AMOUNT NOT TO EXCEED $20,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated services from John P. Downs Company Inc., a company, for repairs to the Stormwater Divisions' sweeper machine to assure continued compliance with stormwater requirements; and WHEREAS, the City Manager has determined that such services can be made at competitive pricing and quality work from John P. Downs Company Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed $20,000.00 for the remainder of fiscal year 2006/2007 to John P. Downs Company Inc. Section 2. That the Director of Finance is authorized to transfer $20,000 from the Stormwater Contingency to the appropriate line item from the City of Dania Beach Stormwater Division's Contingency budget for the purchase of repair services related to the Stormwater Division sweeper machine. 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 on 52007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-019 42 01 a tt utu� City of Dania Beach Department of Public Services 100 West Dania Beach YBlvd Dania Beach,FL 33004 (954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: January 24, 2007 RE: Repair Hopper on Existing Street Sweeper After an extensive search from Miami to Orlando for a company willing or able to repair the hopper and receiving quotes ranging from $30,000 to $50,000 staff was able to find a local company, John P. Downs. This company will do this work at a considerable savings. Stormwater currently cannot use this sweeper because of the hopper problem. The engine for the sweeper function was replaced last year and this is still a valuable piece of equipment. Replacement costs would range from $130,000 to $175,000. Staff recommends allowing John P. Downs to repair this equipment at a not-to-exceed price of$20,000. -7. CITY OF DANIA BEACH Agenda Item # Agenda Request item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Reqeed�1�con (Ide�tyap�r�opnate Action or Motion} �� :.r, ,,.u st ..�.,, . .a. _. Execute amendment to agreement with Broward County and the City to expand public transportation services. Tw Why.Action is NeceSSary,�� � � i,. w. To add additional weekday bus service times and Saturday service. w 7�y �1 ~ .. V11hat Actin A�complisttes� _. . „ . „µ ,' _. „`_ .,� .w,� .�. , Provides expanded bus service. Purchasmg' Requests OMLIr~� � � � � �' i Dept: 7201 Recreation Administration Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ t Su�inmary Explanationl�ackgraund „.i F sc 1 Imp ctlCost�umMary � � .. .. . . � .. «.w. Attached as Exhibit 3 3,2 k $. 3 F '33 r p 33 Exhlibtt�Attached 3 3 �. e _... .. 3�.. _ -. , r Exhibit 1 Resolution Exhibit 2 Amendment to Agreement Exhibit 3 Annual Operating Funding Exhibit 4 East Route Schedule Exhibit 5 West Route Schedule Exhibit 1 Exhibit 2 Exhibit 3 FE ibit 5 Exhibit 6 Exhibit 7 Exhibit 8 7 Siqth ized� gnatures ,=W,. _... , ..... . y �a a . Submitted by Mark T. Felicetty Date 01/29/07 Department Director Kristen Jones Date 01/29/07 Assistant City Manager Colin Donnelly Date 01/29/07 HR Director Date Finance Director Patricia Varney Date 01/29/07 City Attorney Thomas J. Ansbro Date 02/02/07 City Manager Ivan Pato Date 02/02/07 7-4 C►�tyClerk lls�e t �'�� �� � � � «.«_�«� � .«, . .,_.,. , . ,K�._�- _ ,�.�, w...� ..�. „�::� � � s 33 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH BROWARD COUNTY AND THE CITY FOR PUBLIC TRANSPORTATION SERVICES WHICH AGREEMENT PERTAINS TO TWO (2) SHUTTLE BUSES AND EXPANDED BUS SERVICE TIMES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That an amendment to the Interlocal Agreement existing between Broward County and the City of Dania Beach for public transportation services, in substantial form as Exhibit"A", attached, is approved and the appropriate City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such amendment to the Interlocal Agreement as are deemed necessary and proper for the best interests of the City. 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 on 32007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY Exhibit "A" Resolution #2007-020 FIRST AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH for PUBLIC TRANSPORTATION SERVICES This is a First Amendment to the Agreement("Agreement")between BROWARD COUNTY ("COUNTY"), a political subdivision of the state of Florida, its successors and assigns,hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF DANIA BEACH,a municipal corporation organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS,COUNTY and CITY entered into an Agreement dated September 18,2003,for public transportation services; and WHEREAS, CITY currently leases two (2) wheelchair accessible passenger vehicles from COUNTY; and WHEREAS, CITY desires to expand it services by adding additional weekday service and adding Saturday service; NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants and payments hereinafter set forth,COUNTY and CITY agree that the existing Agreement is amended as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Article 2, "SCOPE OF SERVICES," "SERVICES TO BE PROVIDED BY CITY," of the Agreement is hereby amended by adding section 2.1.16 to read as follows: 2.1.16 The established service shall be on a fixed route basis with designated intermediate stops a minimum of forty(40) hours per week and a minimum of five (5) days per week provided however, the minimum hours of operation shall be reduced by (8) hours during any week in which a legal holiday is recognized on a weekday. The CITY service shall connect with regular COUNTY bus routes and community bus routes, as set forth in Exhibit "A." 3. Exhibit "A" to the Agreement is hereby replaced in its entirety by Amended Exhibit "A," attached hereto. In each instance in which Exhibit"A"is referred to in the Agreement, said reference shall be deemed to be to Amended Exhibit"A," attached hereto. 4. Exhibit "E" to the Agreement is hereby replaced in its entirety by Amended Exhibit "E" attached hereto. In each instance in which Exhibit"E"is referred to in the Agreement, said reference shall be deemed to be Amended Exhibit"E" attached hereto. 5. That Section 9.5 is hereby amended to read as follows: 9.5 Upon termination of this Agreement for whatever reason, CITY shall immediately return the vehicles leased herein to the COUNTY. CITY shall return the vehicle to COUNTY in the condition it was received at the onset of this Agreement,normal wear and tear excepted. The CITY's obligation to return the vehicle(s) to the COUNTY in the condition it was received shall include the removal of any painting or wrapping of the vehicle(s) for advertisement purposes. Any costs necessary to restore and/or prepare the vehicleo for return to COUNTY shall be the sole responsibility of the CITY. COUNTY, through its Maintenance Transit Manager, shall have the right to inspect and to approve the condition of the vehicleLssl prior to acceptance and should the Maintenance Transit Manager determine that the vehicle is not in the proper condition, CITY shall at its sole cost and expense remedy any and all deficiencies identified by the Maintenance Transit Manager. 6. The Agreement is hereby amended by adding Section 10.18 to read as follows: 10.18 LIVING WAGE REQUIREMENT 1 To the extent CITY is a"covered employer"within the meaning of Broward County Ordinance No. 2002-45 as may be amended from time to time, CITY agrees to and shall pay to all'of its employees providing "covered services," as defined therein a living wage as required by such ordinance, and CITY shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete all of the obligations set forth therein. CITY shall be responsible for and shall ensure that all of its subcontractors that qualify as covered employers fully comply with the requirements of such ordinance and satisfy, comply with, and complete all of the obligations set forth therein. 7. The effective date of this First Amendment shall be on the date it is fully executed by both parties. 8. Except as set forth herein,all of the terms and conditions contained within the Agreement,as amended, shall remain in full force and effect and are incorporated herein by reference. 9. In the event of any conflict or ambiguity between this Amendment and the Agreement, the parties hereto hereby agree that this document shall control. 10. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. 11. This document incorporates and includes all prior negotiations, correspondence, conversations,agreements,and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this document that are not contained in this document. Accordingly,the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 12. Preparation of the Agreement, as amended, has been a joint effort of CITY and COUNTY and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against one of the parties than any other. 13. Except as set forth in the Agreement,as amended,no modification,amendment,or alteration in the terms or conditions contained in the Agreement,as amended,shall be effective unless contained in a written document and executed by the parties hereto. 14. CITY hereby irrevocably submits to the jurisdiction of Florida's state or federal courts in any action or proceeding arising out of or relating to the Agreement, as amended and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in Broward County, Florida, the venue situs. The parties agree that the Agreement,as amended,shall be construed and interpreted according to the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise 2 hereunder, the parties hereby waive any rights either may have to a trial by jury of any such litigation. 15. In the event the Agreement,as amended,or a portion of the Agreement,as amended,is found by a court of competent jurisdiction to be invalid,the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate the Agreement. The election to terminate the Agreement based upon this provision shall be made within seven(7)days after the finding by the court becomes final. 16. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. 17. This Amendment may be executed in up to five (5) counterparts, each of which shall be deemed to be an original. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 IN WITNESS WHEREOF,the parties hereto have made and executed this First Amendment to Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action on the day of ,20 ,and CITY,signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: County Administrator Mayor Ex-Officio Clerk of the Board of County Commissioners day of 5200 ._ of Broward County, Florida Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telephone: (954) 357-6968 By: Sharon V. Thorsen Senior Assistant County Attorney 4 FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES CITY Approved by Resolution No. Dated ATTEST: CITY OF DANIA BEACH By Louise Stilson, CMC, City Clerk Ivan Pato, City Manager day of , 20 APPROVED AS TO FORM: By Tom Ansbro, City Attorney 5 Exhibit A 12/5/2006 Dania Beach East Route DM E Weekdays and Saturday C w -a > °tS > > CU 2 co Z m Q Q Q = 2:1m c ch U co o W w U @ c o � c9 ca p 06 m Z c ca w 0CU (n L @ U a) - 0- N C CO o ,C E Z L ) m U- 0 1 2 3 4 5 6 1 9:00a 9:10a 9:19a 9:30a 9:36a 9:42a 9:44a 10:00a 10:10a 10:19a 10:30a 10:36a 10:42a 10:44a 11:00a 11:10a 11:19a 11:30a 11:36a 11:42a 11:44a 12:00p 12:10p 12:19p 12:30p 12:36p 12:42p 12:44p 1:00P 1:10p 1:19p 1:30p 1:36p 1:42p 1:44p 2:00p 2:10p 2:19p 2:30p 2:36p 2:42p 2:44p 3:00p 3:10p 3:19p 3:30p 3:36p 3:42p 3:44p 4:00p 4:10p 4:19p 4:30p 4:36p 4:42p 4:44p 5:00p 5:10p 5:19p 5:30p 5:36p 5:42p 5:44p 6 Exhibit A 12/5/2006 Dania Beach West Route DN1W Weekdays and Saturday ' r U)Y m c`a a QU) c�Y o C-6 U o m G Z O N 3 m (0 � U) N (D 0) 'a O 0 Q LL O G N U) z z C) 1 2 3 4 5 6 7 3 1 9:00a 9:05a 9:08a 9:13a 9:24a 9:28a 9:33a 9:39a 9:47a 10:00a 10:05a 10:08a 10:13a 10:24a 10:28a 10:33a 10:39a 10:47a 11:00a 11:05a 11:08a 11:13a 11:24a 11:28a 11:33a 11:39a 11:47a 12:00p 12:05p 12:08p 1213p 12:24p 12:28p 1233p 1239p 12:47p 1:00p 1:05p 1:08p 1:13p 1:24p 1:28p 1:33p 1:39p 1:47p 2:00p 2:05p 2:08p 2:13p 2:24p 2:28p 2:33p 2:39p 2:47p 3:00p 3:05p 3:08p 3:13p 3:24p 3:28p 3:33p 3:39p 3:47p 4:00p 4:05p 4:08p 413p 4:24p 4:28p 4:33p 4:39p 4:47p 5:00p 5:05p 5:08p 5:13p 5:24p 5:28p 5:33p 5:39p 5:47p 7 EXHIBIT "E" City of Dania Beach Operating Funding Operating Funds Community Bus Service -($20.00/Hour) Annual OperatingFunding Daily Funding Buses Service Span Service Frequency Service Days Per Monthly pan o ery quenc y y Revenue Funding Hours Hour 1 Weekday-East 9:00a-5:47p 60 min 8.78 255 $20.00 44,778.00 Existing 1 Saturday-East 9:00a-5:47p 60 min 8.78 52 $20.00 9,131.20 New Weekday- West 9:00a-5:44p 60 min 8.73 255 $20.00 44,523.00 Existing Saturday- West 9:00a-5:44p 60 min 8.73 52 $20.00 9,079.20 New Total Concurrency Funding 18,210.40 Total Mass Transit Operating Funding 107,511.40 8 - CITY OF DANIA BEACH Agenda Item # ® , Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: mow', : s" „ 3 3 33 3fl" Rquested'ACt�onIdfityappropriate Action ar Motion) 3 e 3 Approval of Resolution for continuing Water Plant maintenance a W. 31u �33 ? n' F1Jf�Actlon is Nec Sary 0�e �3,' , � I a. .. ,.., �' ,.,�, Vendor will be over$15,000 limit doing emergency repair work at Water Plant 1Nhat Action Adcoat„(+lishes �y ...�., x.,: MV \� >�3 :x Allows continuing emergency repair work to keep Plant functioning 3 333 A 3� 3 33 Y3 3) Purchasing Requests ONLY w „ u „ Dept: 3902 PS Construction & Maintenance Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ f Summary' ExplanationfBackground, 'i r I R 3� f''. See memo g+ .�` " Al 3 F�scallmpactlCost Sumimarj � � � � h�y w 3,� x 3>'f,',f2 nY1G�&`? '' 3� f ExhabitsRAttached f � „ . ��. .. k,. ... �„ Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 x �Authortzet Signatures � f Submitted by Leo Williams Date 01/24/07 Department Director Dominic Orlando Date 01/29/07 HR Director Date Finance Director Patricia Varney Date 01/30/07 City Attorney Thomas J. Ansbro Date 01/30/07 City Manager Ivan Pato Date 01/30/07 -City Clerk se IT Nam. _..P,..��,..r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-028 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF WELDING AND REPAIR SERVICES FROM KAM MACHINE SHOP OF BROWARD COUNTY, A COMPANY, IN AN AMOUNT NOT TO EXCEED $15,000.00 FOR THE REMAINDER OF FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase certain services from Kam Machine Shop of Broward County, a company, for use by the City of Dania Public Services Department to ensure Water Plant Maintenance; and WHEREAS, the City Manager has determined that such services can be purchased at a competitive price and quality work from Kam Machine Shop of Broward County; and WHEREAS, the City has, as of December 30, 2006, expended $13,805.00 for services provided by Kam Machine Shop of Broward County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed $15,000.00 for the remainder of fiscal year 2006/2007, from the City of Dania Beach Water Plant Division budget, to Kam Machine Shop of Broward County, a company, for the purchase of welding and repair services. 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 on , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-028 Amur,-Ilk � City of Dania Beach Department of Public Services 100 West Dania Beach Blvd•Dania Beach, FL 33004 • (954)924-3741 - (954)-923-1109(fax) MEMORANDUM To: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: January 24, 2007 RE: Emergency Water Plant Repairs During this fiscal year we've had continued problems with age fatigue at the Water Plant and had to make emergency repairs to keep the Plant functioning and for safety reasons. We have received quotes on all the jobs and Kam Machinery has consistently been the lowest quoted and has provided quick and excellent service avoiding shutdowns of our system. However there may be more issues that arise and by allowing this Department the authority to go over the $15,000 limit we will be able to address any issue quickly if needed. CITY OF DA IA BEACH Agenda Item # -7.Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: z41 IV— Requeste Action {Ide�nfity appropr ate Action or Motion) y9 QW- may,. Adopt Resolution approving 33rd year application for Community Development Block Grant �a '1 :u � 0c 3�F 3 g ,5 hy,Ac ion" is N' d' ssa � �; � . �C z e ` Requirement of grant What ActianAccomplishes .3 ,. :. ..:� :: Fulfills requirement of grant FRI Purchasing RequestsONLY� ... ..,cA ' Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Su ''mary Explanat�onlBackground ,3„ „� , �� ,. . Funds from 33rd Year CDBG are being requested for the Construction of the Northwest Community Outreach Center. The grant application requires that a resolution be included in the package. $702,770.00 City match. 3 Resolution and Grant Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authonzetl�5ignatures �.. ,.I� ✓„,1. Submitted by Kathy VanNoorden Date 01/30/07 Department Director Date Assistant City Manager Colin Donnelly Date 01/30/07 HR Director Date Finance Director Patricia Varney Date 01/30/07 City Attorney Thomas J. Ansbro Date 01/30/07 City Manager Ivan Pato Date 01/30/07 City Clerk Use 73 IN 100 � �,... Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-029 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 33`d YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2008-2009) IN THE APPROXIMATE AMOUNT OF $402,478.00, TO PROVIDE FUNDING FOR THE NORTHWEST COMMUNITY OUTREACH CENTER PROJECT LOCATED IN CENSUS TRACT 805.002; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO IMMEDIATELY BEGIN THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE CENTER FOR A CITY MATCH OF THE PROJECT IN THE AMOUNT OF APPROXIMATELY $702,770.00 WITH FUNDING DERIVED FROM FINANCING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That certain 33rd year application for the Community Development Block Grant program for the 2007-2008 fiscal year for the Northwest Community Outreach Center, located in Census Tract 805.002, in the approximate amount of$402,478.00 between the City of Dania Beach, Florida and Broward County, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it. Further, such officials are authorized to accept and execute the grant agreement upon its award (and any time extensions, if deemed necessary). Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the application and agreement as are deemed necessary and proper for the best interests of the City. Section 3. That upon award of the grant, appropriate City officials are authorized to begin the design, permitting and construction of the project. Further, the Finance Director is authorized to finance the amount required as matching grant funding for the completion of this proj ect. Section 4. That upon execution of the agreement, the Finance Director is authorized to appropriate the budget by the award amount in grant revenue and the appropriate expenditure account. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007. ATTEST: PATRICIA FLURY LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-029 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS MUNICIPALITIES CDBG APPLICATION Complete the following sections. Submit one form for each project. Attach additional pages as needed COMMUNITY DEVELOPMENT GRANT PROJECT SUMMARY Category Budget Cash $702,770.00 In-Kind Other Grants CDBG $402,478.00 TOTAL $1,105,248.00 PROGRAM ACTIVITIES: NATIONAL OBJECTIVE Only one category per application Public Service(15% Cap) ( ) Limited Clientele ( ) Capital Improvement ( ) Limited Clientele ( ) Capital Improvement ( ) Area Benefit ( ) Housing ( ) Low/Mod Housing (LMH) ( ) Capital Improvement O Area Benefit O l Economic Development ( ) Low/Mod Jobs (LMJ) ( ) Continuing Project: Yes (X) Northwest Community Outreach Center New Project: Yes ( ) Applicant completes the following items. 1. Applicant Organization Name: City of Dania Beach Address: 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Telephone #: 954 924-3613 FAX #: 954 921-2604 2. Contact Person: Colin Donnelly Title: Assistant City Manager Street Address: 100 W. Dania Beach Blvd. Dania Beach, FL 33004 E-MAIL Address: cdonnelly@ci.dania-beach.fl.us Telephone #: 954 924-3613 FAX #: 954 921-2604 3. Project Name: Construction of the Northwest Community Outreach Center Broward County Housing & Community Development Division Municipal Application Thirty Third Year 1 14. CDBG Funds Requested ($15,000 Minimum Request): $ 402,478.00 5. Project Goals: Provide specific project goals and quantifiable objectives. Quantifiable objectives should specifically state who, what, where and how many. Scope of services demonstrates activities involved in implementing the project while project continuation and maintenance relates to the whether or not this will be an ongoing activity after funding ends. a. Project Goals and Quantifiable Objectives: Describe how goals and objectives will benefit low income persons, provide an area benefit or eliminate or prevent slums and blighted conditions, or impact a problem or need of particular urgency. The continuation of the Northwest Beautification and Enhancement program, specifically the Community Outreach Center, addresses many fundamental needs in the northwest section of Dania Beach. The goal of this particular phase is to construct the Center using information obtained through the Design process. In our previously approved CDBG (28`h Year) grant, we acquired two parcels of land for the Community Outreach Center and parking area. With our 291h Year CDBG we hired, through a RFP process, an architectural firm to design and project construction costs for the Center. We held two community meetings, meet individually with each Commissioner and presented the design to the Commission during a regular Commission meeting, requesting public input. Our vision remains the same, this Community Outreach Center will be a place for our mentally challenged, our seniors and all residents to visit, enjoy meals, and with the help of outside agencies, obtain information in all areas including schooling, medical and referrals for specific needs. b. Detailed Scope of Services: The scope of services should explain exactly what will be accomplished with the funds requested. An RFP will be advertised for the construction of the Northwest Community Outreach Center, using the information received through the design process. We will continue using MC Harry Architectural Firm for project management. We will then award the project and begin construction. c. Project Continuation and Maintenance: Indicate what organization is responsible for maintenance of the project after completion. (Attach letters or verification). Broward County Community Development Division Municipal Application Thirty First Year The continuation and maintenance of the project will be the responsibility of the City of Dania Beach. d. Program Design: How do you plan to achieve the goals identified above. Please be clear and specific. (Please Attach) Using the information received during the design phase, we will produce an R-FP for the construction phase. We will continue using the architectural firm, MC Harry, to manage the project to completion. During the final phase of the construction we will contact various non-profit organizations to form partnerships that will enable our residents to receive information, help and referrals. Broward County Housing & Community Development Division Municipal Application 3 Thirty Third Year 6. Applicant's Management Capability: Briefly describe the capacity of your municipality to undertake the proposed project. Discuss prior experience in the administration of Federal funds and list existing funding agreements. a. Discuss experience in the administration of Federal funds and general management capacity, include other Broward County funded programs. The City of Dania Beach has successfully managed a number of CDBG grant projects. The city has also managed other federal grants such as the Local Law Enforcement Block Grant (LLEBG) as well as a variety of State and County grants. b. Provide a list of current CDBG projects. First Grant Project ldame _' Streetlighting-Census Tract Funding $548,966 804.03, Block Group 2 Amount, Contract: 10/01/2006 to 9/30/2007 Balanceof $548,966 Period' , funds'unspent Second Grant 'Prolect,Name Funding Amount Contract Balance of'` Period funds unspent , Third Grant Prdiect`Narne Funding Amount Contract Balance of Period-. funds unspent Broward County Housing & Community Development Division Municipal Application Thirty Third Year 4 7. Description: Describe the outcome(s) of the project. Description is to include time frame for start-up and completion, street location of the service and census tract(s). Describe the service area. a. Project Description: Capital Improvements should state anticipated linear feet of project or number and description of public facilities. Public service projects should specifically state number of clients per year. Housing development or rehabilitation should state number of housing units. Economic development projects, should state number of businesses to be assisted, jobs created and describe loans and amounts of loan funds available. New Housing Construction should comply with Energy Star Requirements. The construction of the NorthWest Community Outreach Center will provide the most square footage that can be obtained and accessible to all residents on the 8450.575 sq. ft. parcel that was purchased with the 281h Year Community Development Block Grant funds. The architectural firm, MC Harry has developed a design of our Community Center that has been approved by both the residents and the Commission. Documentation regarding construction and costs is attached as Exhibit "A". b. Time Frame: What is the time frame for start-up and completion after notification of funding award. Indicate what funding commitment is required to provide for timely project start-up. The City will be prepared to commence with the proposed project upon receipt of a "notice to proceed". RFP will be advertised for the construction of the NorthWest Community Outreach Center. Documentation will used from the design phase and the architectural firm, MC Harry will provide project management. Anticipated completion of award and construction phase is (12) twelve to (18) eighteen months. C. Street address / Location: Attach map identifying project location. Also provide an address in the description when site acquisition is involved. Provide evidence of Phase 1 — Environmental Assessment for Capital, New Construction and Economic Development activities. See Exhibit "B" Broward County Housing & Community Development Division Municipal Application 5 Thirty Third Year d. Census Tract(s) and Block Groups: Consult census maps for the census tract location of this project. (Area benefit projects must serve 51% low and very low income persons.) 805.002 See Exhibit "C" Broward County Housing & Community Development Division Municipal Application Thirty Third Year 6 8. Budget Table Instructions: Complete the following Budget Table and provide the requested information on the matching share of resources committed to the project. a. Budget Table: For each expenditure category in the left hand column enter the proposed amount necessary to complete this project under the column for the source of funding. Enter the source of funding in the appropriate cell. Cats' O CDBG Non`CDBG Non COBG TOTAL g ry y _ All Sources a� Personnel N/A Benefits N/A Travel N/A Training N/A Equipment N/A Supplies N/A Broward County Housing & Community Development Division Municipal Application Thirty Third Year 7 Cate O " CDBG. Non CDBG Non CDBG - TOTAL 9 ry All Sources; Contractual $227,345 $227,345 With Outside Agencies or Vendors Construction $402,478 $475,425 $877,903 Other Totals $402,478 $702,770 $1,105,248 9. Budget Narrative Instructions: The budget narrative statement should provide a detailed explanation justification for each cost category space shown in the Budget Table on page 5. The budget narrative should identify non-CDBG resources to be utilized in financing including mortgages or construction financing for the project. Also, specify the costs for which CDBG funding is being requested and the costs to be covered by non- CDBG resources. Additional pages can be added, if necessary. The cost outlined in the Budget Table signify the cost for construction and project management to build the North West Community Outreach Center on the acquired property that was purchased through the 28`h Year Community Development Block Grant. The RFP will use the information obtained from the 291h Year CDBG Design of the Northwest Community Outreach Center. The design and projected construction costs have enabled the City of Dania Beach to ensure we receive a quality building that will provide adequate space for all future activities. Broward County Housing & Community Development Division Municipal Application 8 Thirty Third Year 10. Describe and calculate Leveraging: Describe and attach supporting documentation including letter of commitment, resolutions, minutes of meetings, etc. providing the specific resources the applicant will commit to the project identified in columns 2 and 3 of the Budget Table above. Include and identify in-kind contributions, sweat equity and other resources. a. Provide documentation as an attachment and summarize below. 1. For economic development projects, the value of the jobs produced in the previous year can be used as leverage. Documentation must be provided showing name of business, title of job and salary. N/A 2. For housing development projects, anticipated mortgage financing will be considered as in-kind contribution. N/A b. Instructions on calculating leveraging Leveraging will be computed by taking into account the total dollar cost of the entire project including in-kind contribution. N/A Percent Leveraging = Total Non-CDBG Funds $ X 100 Total CDBG $ In computing Total Cost of the project, funding from all sources for the project must be added. This includes Federal funds, State funds, contributions, private sector financing, in-kind contributions, etc. In-Kind Contributions are non-cash items. Non-cash items are contributions to the project, e.g., labor, office space, use of equipment, etc that do not involve cash payments by the entity. However, a dollar value must be provided for in-kind contributions and that value must be added to the cost of the project. In-kind contributions must be accounted for and included in the financial audit of the funded entity. Calculations: Broward County Housing & Community Development Division Municipal Application Thirty Third Year 9 11. The proiect generally reflects adopted plans, goals, objectives and policies a. Project consistent with Broward County Consolidated Plan: Project should explain which Consolidated Plan priority it will address. The project is consistent with Priority III B of the Broward County Consolidated Plan. b. Project Consistent with Local Government Plans and Zoning: Project letters from municipality or County government in which the project will occur, stating consistency with county or municipal adopted comprehensive plans. Provide Flood Plan Map, if in flood Ip ain• See Exhibit "D" C. Is project a permitted use in the zoning text regulations for the zoning district designated for the project site? Yes [X ] Attach municipal or County verification of zoning and adopted future land use plan designation for the site No [ ] plan of action to achieve zoning district change. d. Plat Approval: Does your project require platting or a plat note amendment? Yes [ ] Attach platting requirements and time table for completion. No [ X ] Provide Plat Name, Plat Book Number and Plat Page Number Saratoga Plat, Plat Book 18, Page 23 e. Countywide Programs: If a specific program in the area of single family or rental rehabilitation, residential redevelopment, commercial revitalization, or redevelopment is proposed, explain how the program will be more effective on a cost and services basis then the same program provided by the Broward County Community Development Division. NIA Broward County Housing & Community Development Division Municipal Application Thirty Third Year 10 f. State and Regional Policy Plans: The Florida State Comprehensive Plan provides long-range policy guidance for the orderly social, economic and physical growth of the state. The Strategic Regional Policv Plan for South Florida specifically addresses housing and economic development. A copy of the application was provided to the South Florida Regional Planning Council. Upon preliminary review, Ms. Carolyn A. Dekle, Executive Director of the South Florida Regional Planning Council indicates that the proposed project is compatible with the aforementioned policies. Broward County Housing & Community Development Division Municipal Application Thirty Third Year 11 12. Real Property and Relocation Policy: Complete this section when displacement of families or businesses is required. a. Real property: Does the proposed project require the acquisition, subordinated or leasing of real property? Yes [ J Provide a legal description, street address and the property owner's name. Consult the Com,nunity Development Division staff before acquiring real property to follow the Uniform Acquisition Procedures. No [X ] No property is to be acquired b. Relocation: Does the proposed project necessitate the relocation of homeowners, tenants or commercial establishments. Yes [ ] Outline the proposed relocation plan and show source of funds on Page 5 and 6 for the budget table and narrative above. No [X ] 13. Citizen Participation: Complete this section for citizen participation documentation. How did the citizens in your jurisdiction participate in the selection of this project? a. A copy of the resolution from the governing body giving authorization to submit proposal(s) with name and title of official designated to sign application. See Exhibit "E" Broward County Housing & Community Development Division Municipal Application Thirty Third Year 12 b. Copies of meeting or hearing notices which verify efforts to invite citizen input (to include points of distribution) and pertinent information from the municipality reflecting inclusion of citizen input in final decisions. Documentation includes a copy of the certified proof of advertising of the public hearing held by the governing body. See Exhibit "F" C. Verification of other efforts which provide information to citizens, i.e., workshop notices, attendance records, sunshine ads, civic association meetings. See Exhibit "F" 14. Certification: Please complete the certification below: If this application is approved for funding, the organization agrees to comply with all required Federal, state and local laws and regulations. The organization confirms that it is fully capable of fulfilling the obligations as stated in this proposal and in any attachments or documents included with this application. As a duly authorized representative of this organization, I submit this application to the Broward County Community Development Division and verify that the information herein is true, accurate and complete. PENALTY FOR FALSE OR FRAUDULENT STATEMENT: U.S. Code Title 18, Section 1001, provides that a fine up to $10,000 or imprisonment for a period not to exceed 5 years, or both, shall be the penalty for willful misrepresentation and the making of false fictitious statement, knowing same to be false. Name of Organization, Type of Orga-pizo-'tio [ X ] Municipal j City Manager l ' (Signature) (Title) (Date) Broward County Housing & Community Development Division Municipal Application Thirty Third Year 13 EXHIBIT A 14 0 Single-story 3,300 GSF CBS slab on grade building, generally comprised of a Classroom, Computer Room,Two Offices, Exterior Covered Proch and related support spaces. $/sf 1 Gen Cond+GC OHP $177,486 ! 22.02% $53 2a Site Preparation $7,622 0.95%' $2 2b Site Utilities $54,284 6.73%' $16 _ _ i 2c Site Landscape _ $19,240 2.39%; $6 — 3 CONCRETE $105,268 fi 13.06%;' $32 � 4 MASONRY $57,175 i 7.09%I $17 5 METAL _ $28,0221 3.48%1 $8 6 WOOD $3,246 j 0.40%? $1 7 MOISTURE PROTECTION $31,273 i 3.88%j $9 8 DOORS&WINDOWS $19,529 2.42%' $6 9 FINISHES $64,431 7,99%; $19 10 SPECIALTIES $15,427 1.91%1 $5 — 11 EQUIPMENT $49,152 6.10%1 $15 j 14 CONVEYANCE _ $0 ; 0.00% $0 12 FURNISHINGS $0 0.00% $0 15 MECHANICAL j HVAC $76,514 1 9.49%1 $23 PLUMBING $29,024 3.60%I $9 ELECTRICAL $68,443 8.490/6'1 $21 r Sub Total Construction Cost 806,135 100% $242 /SF Contingency $120,920 15% Base AE Fee/Reimb(paid to date) $78,193 AE Fee to finish $50,000 Other(Surveysrresting)budget $50,000 PROJECT COST 1,105,248 SUMMARY DATA: Interior Area 3,827 sf Total Area(Roof) 3,328 sf Building Related Construction $698,061 $165 Isf of roof Site Related Construction $108,074 13% SubTotal Construction $806,135 E`XHIBIT B 16 Nt- 3-d Ave S e. 3,-d A ve So 2,ol e 2rrf r't Me AWC N c. I*t Cl ,N,u I-st Avu 8 u- I ut Ave rt S Pgderal Hwl N Federal Hwy. C_ -sill SW 1 AVV st A vt Ise t PA . 1 1 sit 2nd Avis _. IV W,� r#1%, flo..Al r3�A V Cjj� At A. Z5 SW 7U.1 Ave Nhoi I I PI AA Vic F%N-i I l D i Ayi� We Nw 13th C.' W 14,01 C! S an R 4. 1, N YI 43; O` • • r , • ;t AAP,�PRA1S�ER v . r -+✓�>� .;:fi-d e` yr ',� : `� A � �� � $�,Y, �� 4a°�n"1'�"CrsS #r. "�- ��� r sue. �I y£t�^� y Y xg+* ��• , r d T � � gv MIN as r t I "� � Sias 42 •�" ¢ � NorthWcest Comm t, uill 0 acm _} treo �. • 6• • ► • • 6 1 1 1 i • • i • i • •• ' 11 Map Page 1 of 1 BR' RD %TT • r a 'M1i NuorthWest Commurl' ity 000% t.JutrecachCuter 0 53 ft http://66.55.51.198/map�rint.asp?folio=504234230130&fol ionum=&minX=934768.595941589&minY=... 1/22/2007 EXHiBff C 20 census 1 ract 8uS, Broward County, Flonda - Reference Map - American FactFinder Page 1 of l Census Tract 805, Broward County, Florida SW aScn� BouPnderies n�,. '� ' y t c ci >r � _ iE GrHIN ' Rd .,1 tl th A _*OD :0. Y 01 V �! C � - ntlp{i BNAth. �a a U:y zr p %I D. a- fi 5t cs7 n Wit, �r Art- Features /~ Hajor Ana_ .1... gi b > t 5:rcc: ;s N ` a �litltetro4 :l V4 -0tt 5:r£arult::cr_• r ev ,o., 3> �:r£�It'til�a:.:r=•==Y Z. � .a z; `,-w,.. h; fit�t�- _ v C _ 1 g.. C. 2 ,aria_ >Eroll.,. *, z Raleigh Thomas& z ,� >ti . z lc. 41 s„ w Qum Ad.. LL°4& H' '. . - rQB rtg Y i p } c _ . r. 4 miles across close file://I:\Grants\CDBG3 I st YR\Census Tract 805.him 1/22/2007 EXH � BIT D 22 91C FLORIDA January 23, 2007 Mr. Ralph Stone, Director Broward County Community Development Division 115 South Andrews Avenue Room 318, 3rd Floor Ft. Lauderdale, FL 33301 RE: City of Dania Beach CDBG 33rd Year Grant Application Dear Mr. Stone: This letter serves as an assurance the proposed 33rd Year CDBG project, Construction of the NorthWest Community Outreach Center is consistent with the City of Dania Beach's zoning and comprehensive plan. Furthermore, the project is consistent with the zoning district designated for the project site. If you need any additional information, please do not hesitate to call me at 954-924-3640. Sincerely, Laurence Leeds Director, Community Development "Broward's First City" 100 West Dania Beach F3oulevard, Danin Bcach, florid:a 33004 Phonc: (954) 9''4-3000 xvmlw.daniabeach flgov E mx H, I B I T E 24 .y 9t FLORIDN January 24, 2007 Mr. Ralph Stone, Director Broward County Community Development Division 115 S. Andrews Avenue, 3`d Floor, Room 310 Fort Lauderdale, FL 33301 Re: City of Dania Beach CDBG 33rd Year Application Construction of the NorthWest Community Outreach Center Dear Mr. Stone: The resolution we have included with this year's application is from 2004 and was part of our 3 1"year application for the same project. Due to circumstances beyond the control of the City, we were forced to postpone the construction of the NorthWest Community Outreach Center and the funds were rolled into another project. Our City Commission will be approving a new and updated resolution at their next commission meeting on February 14`h. As soon as I have a signed copy it will be forwarded to your office to be included in our application package. I have discussed this with Yvette Lopez and she is aware of the situation. If you have any questions or need additional information please do not hesitate to call me at 954 924-3606. I thank you and your staff for your assistance with this matter. Sincerely, 4"kl be,� ju,)WKathy H erman Executive Assistant to the City Manager "Broward's First City" 100 West Dania licach Boulevard, Dania Beach, Florida 33004 Phone: (954) 924-3600 ww"� c aniabeachf7.g( RESOLUTION NO. 2004-202 A RESOLUTION OF THE CITY OF DANIA BEACH. FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 3151 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2005-2006) IN THE TOTAL AMOUNT OF $242,735.00, TO PROVIDE FUNDING FOR THE CONSTRUCTION OF THE NORTHWEST COMMUNITY OUTREACH CENTER; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY): PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain 31S` year application for the Community Development Block Grant program for the 2005-2006 fiscal year for construction of the Northwest Community Outreach Center in the amount of $242,735.00 between the City of Dania Beach, Florida and Broward County, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it. Further, such officials are authorized to accept and execute the grant agreement upon its award (and any time extensions, if deemed necessary). Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the application and agreement as are deemed necessary and proper for the best interests of the City. Section 3. That upon execution of the agreement, the Finance Director is authorized to appropriate the budget by the award amount in grant revenue and appropriate expenditure account. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 29 1 RESOLUTION NO. 1-004-202 Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 23. 2004. ATTEST: 1-7 C.K. ?v10ELYE. - LOUISE STILSON MAYOR - CO .41SSIONER CITY CLERK ROLL CALL: COMMISSIONER ANTON- YES COMMISSIONER CHUNI`T- YES COMMISSIONER FLURY- YES VICE MAYOR MIKES- YES MAYOR MCELYEA- YES APPROVED AS TO FORM AND CORRECTNESS: / i BY: r,. %- THOO IAS J. ANS RHO — CITY ATTORNEY 30 RESOLUTION NO. ?004-?02' tzXHIBIT F 27 A Public Hearing Notice was sent to residents within the North West Community. A copy of the mailing list is attached. Public Hearing Notice's were placed throughout City Hall as well as all community and recreation centers and the BSO Sub-Station on October 28cn Newspaper ad appeared in the Miami Herald on November 3rd and November 17". The first Public Hearing was held at 7pm on November 91n. When the presentation was completed the Commission opened the meeting to the public. There were no residents to speak in favor of or against the project. The Commission favored staff's recommendation and approved the project. After the first public hearing, phone calls were made to homeowner's associations asking for input regarding staffs recommendation and requesting attendance at the second and final public hearing, which took place on November 23rd. All phone calls resulted in the same response, the residents are in favor of the project and therefore do not feel the need to attend the public hearing. After consulting with the homeowner's associations and explaining the need for public input, a total of five residents/visitors signed in for the second hearing. But, again no comments were made during this hearing. Therefore, the Commission approved the application of the 31S` Year CDBG grant for the construction of the NorthWest Community Outreach Center. n ,n fV N N _ N Q M N M M M cl) co M M O M M LD co V) to Lo � N O Ln Lr) Lo 0 U0 Lr) n J _J M N M - MLr) J to m m J n N ko n n M M ,-. M N n n n Un n n n LL LL M n n n to LL n n M LL a) r` n- N N O J �p O ❑ N N N M N N N LU c) LiJ N N i!') 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Persons interested in expressing their preferences and comments regarding the 31 " Year CDBG project should attend the above referenced public hearings. For additional information please call Bonnie Temchuk, Assistant to the City Manager @ 954-924-3613. The Miami Herald A Knight-Ridder Newspaper PUBLISHED DAILY MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally appeared: Anne Devereaux who on oath that he/she is DISPLAY ADVERTISING MANAGER of The Miami Herald, a daily newspa er published at Miami in Dade County,Florida; that the advertisement for Q — C�a(1« (&a�' was published in sat new aper in the issue of: ` 3Qd Beow ao na_�Y1 sic �1 Aff ant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County,Florida, and that the said newspaper has heretofore been continuously published in said Dade County,Florida,each day and has been entered as second class mail matter at the post office in Miami, in said Dade County,Florida, for a period of one year next preceding the first publication of the attached co dvertiseme t. Ante Devereaux Sworn to and subscribed before me This day of Henry A.D. 2004 Commies ODD 023331 T; %o= Ezpireo Msy 7,2005 OF 4iCR.' larn k0antic Baoding Ca., Inc. M Henry WEDNESDAY,NOVEMBER 3,2004 1 70 WWW.HERALD.COM _.._.._...._.._.._..__._._ PUBLIC HEARING NOTICE CITY OF DANIA BEACH 31 st YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM . PUBLIC PARTICIPATION MEETINGS The Dania Beach City Commission shall conduct public hearings regarding the 31st Year CDBG project in the City Commission Chamber, 100 West Dania Beach Boulevard, Dania Beach, Florida,on November 9.2004.at 7:00 p.m.and November 23.2004 at 7:00 p.m. The 31st Year CDBG project may include the following improvements within the CDBG Planning Area: Construction of the North West Community Outreach Center to be located on North West 8 Avenue. Persons interested in expressing their preferences and comments regarding the 31st Year CDBG project should attend the above referenced public hearings. For additional information please call Bonnie Temchuk, Assistant to the City Manager®954-924-3613. The Miami Herald A Knight-Ridder Newspaper PUBLISHED DAILY Jt ; MIAMI, FLORIDA STA TE OF FL ORIDA COUNTY OF DADE Before the undersigned authority personally appeared: Anne Devereaux who on oath that he/she is DISPLAY ADVERTISING MANAGER of The Miami Hera l Aa newspaper published at Miami in Dade County,Florida; that the advertisement for t�was published in sai per in the issue of: 1 -7 J�bezw ctrj OJQ -)-A S-eGho-/l1 � 8 Affiant further says that the said Miami Herald is a newspaper published at Miami,in the said Dade County,Florida,and that the said newspaper has heretofore been continuously published in said Dade County,Florida,each day and has been entered as second class mail matter at the post office in Miami, in said Dade County,Florida, for a period of one year next preceding the first publication of the attached copy dvertiseme t. _ .__.. Anne Devereaux Sworn to and subscribed before me pnYpG ° Ilenry This day of A.D. 2004 F. LgjPVeS "DD 02333 1 Y 0 f F I ,.. ZOOS I.& 1 M Henry BROWARD 8B I WEDrgESDAY.NOVEMBER17.20 .a PUBLIC HEARING NOTICE CITY OF DANIA BEACH 31st YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I PUBLIC PARTICIPATION MEETINGS The Dania Beach City Commission shall conduct public hearings regarding the 31 st Year CDBG project in the City Commission Chamber, 100 West Dania Beach Boulevard, Dania Beach, Florida, on November r 9-2004 at 7 00 p.m. and November 23 2004 at 7-00 o rn The 31st Year CDBG project may include the following improvements within the CD8G Planning Area: Construction of the North West t Community Outreach Center to be located on North West B Avenue. Persons interested in expressing their preferences and comments regarding the 31st :'ear CDBG project should attend the above referenced public hearings. For additional information please call Bonnie Temchuk, Assistant to the City Manager @ 954-924-3613. # Ind z O ' Lli LU C .� N � M - o e` Q Z lr y OW ' 7 = _ LU LLJ LLI a � ay� 3 c� z a0E- pULL W w 0 �N }Lu- ui N U� M 0 � Z J � J W L0 = W U I J 00 J. a. J � y w i 7� z �� I POVVERPOINT PRESENTATION 37 �r to :_ f $ T v u !k �4 a l f � 1 G i L S �4 Y r �r 4 � ° Ct ct Ct n ct Ct ct �Rs �a o ° Ct m ��y- �; �� �. �, �.��- �' �;¢, _ ���,. � ssY �; ��< ��, �� ���. P. . t" �: s, r FM, 4 st. ®�xna.��� �1 t �! ry �; sw P Y � F� t� f S ., qK ;yj�" L ?. Ca: � 10 v s. �40- w �µ o vmm4 3 r �S: rt t rS . � ■rm� � ■tam F xhaAorr� 9OW w v a Y; �1 vet � r X r. 4 t y, A m d t a �G �r '�.: •:: �.,� psi a V - fed "t _ .�#�.. �� ra yy•.,�,: f � m T i •� fix. e �� A® �� `�� ,. �« d 1 �. L � ���� ti� t ��� � g � �, <� ;.t, .,.i �. a: .� � � ,�� �� � ;;* � r t: �x j°� Y� 'xi fiyl� �f �; Y n �: �� ,; w_ �.�- �s , �m� .; � � ��` � Y— - � • �_ fir=`� fw �X u ,: �„�_� a .� � s '� '{„� x- �,, � .q �, .� �, ^ " � ;;�.� t. �� �� �� �, ,� ';�r �- • s o 00 r� J Nwr J 0 V1 • • J'i ® • o # tf✓i o �.® .� � �. � r a ,y s. �:'a4-A +ate„ a ! y� �� �� .�. `_� � � :-'Yn Kam°, �`" �, cam.. �. � � � r,3 .., .�.. , d` �.. � ;s ,�..v.� ; nT � .� �.: � • t ,� x ., � z* '" �� ✓� � � N 1�" ,.� � IMF {Xa.�?�I,y � 'A i a C �,� �i ,, r �' w���'„ � �-f r '� � �� �� � �w ��i �� . ydv'� F� .,d � v.- ,f' ;. � �. � .�� �' �,�. j i kn�.� (� ��am��,,.r„ �� . ; CITY OF DANIA BEACHAgenda Item # 7 it? Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Reques#ed onM (�denfityapprap3C�eteR ivn orMotion) ._.... 1. ......,,,... .,: w,w... .._ � .. .: Approval of Resolution for a Water and Sewer Extension Policy 3''0 WhyAct�oi�is Necessary .. 3y - .� .... l.�.,..,s> ., ._.. x a To implement new policy v� "R 3 ' 'r�`°'�t •1 Wh�tAct�on Accomplishes G Allows City to provide reliable and economical utility service to the users of the City's water and sewer systems. r nn ri i ques NLY 14 tfi 3 3 3M. utv*. y t3 i �urhasi g Rets O r� � '. ,.... 3a,.., ,..t� r ,i, Dept: 3501 Sewer Utility Administration Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Baclground ��� , .,. � ,,.» ,,. ,.. �..,. _ $ Wk 01 't 13 .�5"G., See memo is # er y ��', _ 7 FiscalImpact/CostSummary � k a .. a.....:. >'" ,.._.fir.,., ..... _.�,,,,'',,,,�.. ?�',i??1,�ri v,;,.... None Exhibits Attached' UP .,, wu�..... Resolution Memo Policy Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ' 1 Authorized Signa#ores Www_, . ti x. .............,. .._" ..u',,,,,,.' �. . Submitted by Leo Williams Date 01/30/07 Department Director Dominic Orlando Date 01/30/07 HR Director Date Finance Director Date City Attorney Thomas J. Ansbro Date 01/31/07 City Manager Ivan Pato Date 01/31/07 UT City Clerk�lJs�, i _ � �; Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WATER AND SEWER EXTENSION POLICY; PROVIDING FOR THE REQUIREMENTS FOR DEVELOPMENT OF WATER TRANSMISSION AND DISTRIBUTION FACILITIES, AND WASTEWATER COLLECTION AND TRANSMISSION FACILITIES WITHIN THE AREA SERVED BY THE CITY UTILITY SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public utility system is generally created to develop safe, reliable, and financially self-supporting potable water and sanitary sewage systems to meet the water and sewerage needs of the areas served by the utility; and WHEREAS, the City Commission desires to adopt a Water and Sewer Extension Policy (the "Policy"), prepared by Public Utility Management and Planning Services, Inc., attached as Exhibit "A," in order to ensure that in the long-term, reliable and economical utility service can be provided to the users of the City's water and sewer systems; and WHEREAS, this Policy establishes the minimum utility requirements for development of water transmission and distribution facilities, and wastewater collection and transmission facilities within the area served by the City's utility system; and WHEREAS,the City Commission finds that adoption of this Policy is in the best interest and welfare of the residents and citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above recitals are true and correct and are incorporated by this reference. Section 2. That the Water and Sewer Extension Policy, prepared by Public Utility Management and Planning Services, Inc., attached as Exhibit"A," is adopted. 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 become effective immediately upon its adoption. PASSED AND ADOPTED on ) 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-027 Exhibit"A" Resolution#2007-027 WATER AND SEWER SERVICE EXTENSION POLICY City of Dania Beach, Florida January 2007 TABLE OF CONTENTS Introduction I TITLE AND CITATION . . . . . . . . . . . . . . . . . 2 APPLICABILITY. . . . . . . . . . . . . . . . . . . . 3 FINDINGS, INTENT, PURPOSE AND RECITATIONS. . . . . . 4 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . 5 WATER AND SEWER EXTENSIONS . . . . . . . . . . . . . 6 POLICIES AND STANDARDS . . . . . . . . . . . . . . 7 CONSTRUCTION APPROVALS AND DOCUMENT SUBMISSIONS . . 8 OBSERVATION OF CONSTRUCTION. . . . . . . . . . . . . 9 UTILITIES CONVEYANCE PROCEDURES. . . . . . . . . . . 2 INTRODUCTION A public utility system is generally created to: (1) develop safe, reliable, and financially self-supporting potable water and sanitary sewage systems to meet the water and sewerage needs of the areas served by the utility; (2) ensure that existing and future utility systems are constructed, operated, and managed at the least possible cost to the users without outside subsidies; and (3) develop a system that is compatible with the area's future growth. A utility system must construct new pipelines, pump stations, and other infrastructure to accommodate growth, as well as to improve existing service or to replace infrastructure that has reached the end of its useful economic and physical life. To this end, it will always be necessary to construct, upgrade and develop safe and reliable water and sewer facilities in accordance with the latest technical and professional standards in order to protect the health, safety, and welfare of the citizens served now and in the future. In older communities, there may be existing infrastructure that is no longer economical to operate or repair because such infrastructure has deteriorated to a point where replacement is a better option than repairs. In addition, such infrastructure may no longer serve its intended purpose or meets regulatory standards. Given that many older communities have not maintained systems adequately due to funding restrictions, limitations and other factors, the future will necessarily require many such replacement projects. Prudent planning will allow coordination of efforts for repair and replacement with growth that will continue to occur (often in older communities as redevelopment). This infrastructure can be provided via Developer construction, assessment districts, or by general utility system improvements coordinated by utility staff and the utility's consultants. The utility can control its own projects, but must establish a set of standards and procedures to assure that the projects constructed by others will meet the same standards. The basic tenets of a water and sewer extension policy are fairness, consistency in application, legal sufficiency, and the proper allocation of costs for improvements so those who receive benefits from the improvements pay their fare share for them. A properly designed policy establishes a set of standards, procedures, and policies regarding the extension of water distribution and sewer collection lines into previously unserved areas of the utility's service area, or to areas currently served inadequately for existing or proposed development. The objective of these standards and procedures is to facilitate the development of water and sanitary sewer systems, which have been designed and constructed in accordance with the latest technical and professional standards of the water and sewer industry, to meet the mandates of the utility to provide for water and sewer services to the residents of the utility's service area. The water and sewer extension policy establishes the minimum utility requirements for development of water transmission and distribution facilities, and wastewater collection and transmission facilities within the area served by the utility. To this end, the goals and objectives of a water and sewer extension policy are as follows: 3 a) To develop a comprehensive set of policies for dealing with water and sewer extension requests; b) To develop policies for dealing with financing questions; c) To provide a basis for orderly growth; d) To assure that water and sewer extension projects meet the design and specification standards of the utility; e) To control extensions of the current water and sewer systems for the prevention of hardships to current customers due to extensions caused by inadequate planning for future growth demands; f) To provide a wastewater treatment system that is designed to treat and dispose of sewage in a safe and sanitary means, without the contamination of the groundwater supply or the threat of health hazards in populated areas; g) To be based on the premise that the water and sewer systems should substantially pay for themselves through user fees paid by the Developers and citizens obtaining the service; and h) That the monies spent on and additions made to the system should be judiciously used to enhance the well-being of all of the residents. This water and sewer policy has been developed and tailored to meet the needs of the City. The purpose of this policy is to ensure that in the long-term, reliable and economical utility service can be provided to the users of the City's water and sewer systems. The requirements of this policy should be used in conjunction with and as a supplement to the Goals, Objectives, and Policies of the City's Comprehensive Plan, Land Development Code, and other ordinances and regulations in effect now or in the future, as amended from time to time, and as they apply to the development and subdivision of lands within City's service area. However, the administrative procedures, ordinances, policies, and technical standards contained in this document, as they apply to the extension and development of water and sewer facilities and utility service, should take precedence over those contained in the City `s Land Development Code, subject to the requirements of applicable law. To meet the goals of a properly constructed extension policy, the following issues are addressed: a) Connection requirements and approvals; 4 b) Funding of the improvements, regardless of whether the improvements are constructed by Developers,via assessment districts or by the City, and any pass-through costs and cost allocation methodologies inherent in them; c) Submittal requirements for plans and specifications for the improvements, and the standards for preparation of them; d) Technical specifications, meeting minimum requirements for proper maintenance, but providing for flexibility to the utility to alter the specification based on technological advancements and maintenance records; e) Required permits and fees; f) Performance guarantees to assure that the facilities will be constructed where development is dependent upon receiving the benefit of the proposed facilities; g) Requirements for observation/inspection of the facilities by the utility system and the Developer's engineer; h) Delineation of the ownership and operation of constructed facilities; i) Limitations and requirements for acceptance of the facilities by the utility; j) Utility conveyance and acceptance procedures, including, but not limited to, the following: i. Standardized legal documents; ii. Standardized easement documents and other property conveyance documents; iii. Required inspections, testing results, and certifications; iv. As-built drawings and maintenance literature; and V. Summary of cost data. k) Coordination with the City's land development regulations; 1) Interim service arrangements where applicable; and m) Timing of each of these items in conjunction with new development, building permit issuance, and occupancy. 5 The remainder of this document includes provisions necessary to implement a carefully defined, easily understood water and sewer extension policy for the City. Approval and implementation of this program will provide staff with the guidance, tools, and support to effectively review extensions of the water and sewer system to meet the goals of the Developers,the City, and the general public. 6 WATER AND SEWER EXTENSION POLICY Section 1. TITLE AND CITATION. This policy shall be known and may be cited as the "City of Dania Beach, Florida Water and Sewer Service Extension Policy" (the "Policy"). Section 2. APPLICABILITY. This Policy shall be applicable to development activities within the area served now or as contemplated in the future by the City of Dania Beach (the "City") where water and sewer facilities are to be constructed by a Developer or others, to be owned, operated, and maintained by the City. Section 3. FINDINGS, INTENT, PURPOSE AND RECITATIONS. 3.01. The Public Services Department of the City was created to develop safe, reliable, and financially self-supporting potable water and sanitary sewage systems, which will meet the water and sewerage needs of the developing areas served by the City. This Department will help to ensure that existing and future utility systems are constructed, operated, and managed at the least possible cost to the users and with no direct or indirect financial aid from the other governmental revenue systems within the City. In addition, this Department will develop systems requiring the most reasonable operating and maintenance costs that are compatible with the City's growth. 3.02. The purpose of this Policy is to establish and present the minimum utility requirements and standards for development of water transmission and distribution facilities and wastewater collection and transmission facilities within the area served by the City. This Policy will establish a set of procedures and policies regarding the extension of water distribution facility and sewer collection lines into previously unserved areas of the City's service area, and into areas currently served, but that are not served adequately for existing or proposed development. 3.03. The intent of these standards and procedures is to facilitate the development of water and sanitary sewer systems to meet the mandates of the City, and to provide for water and sewer services to the residents of the City's service area, which have been designed and constructed in accordance with the latest technical and professional standards of the water and sewer industry. It is necessary to construct and develop safe and reliable water and sewer facilities, in accordance with the latest technical and professional standards, in order to protect the health, safety, and welfare of those citizens currently served now and in the future by the City. 1 3.04. A set of policies regarding financing of these improvements, and the accompanying responsibility for financing and maintenance is addressed in this Policy. 3.05. The requirements of this Policy should be used in conjunction with and as a supplement to the Goals, Objectives, and Policies of the City Comprehensive Plan, Land Development Code, and other ordinances and regulations in effect now and in the future, as amended from time to time, and as they apply to the development and subdivision of lands within the City's water and sewer service areas. Section 4. DEFINITIONS 4.01. For the purpose of this Policy, unless the context clearly requires otherwise, words in the present tense include future tense and words used in the singular number include the plural and conversely, words used in the plural include the singular. References to "water and sewer" and other uses of the word "and" shall mean either or both water and sewer, or other items as may be applicable. The word "shall" is always mandatory. 4.02. For the purposes of this Policy, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Contractor" means an individual, organization, corporation, - or like entity licensed to do underground utility construction in the City's service area and the State of Florida. "Construction Documents" means construction drawings, technical specifications, hydraulic design reports, permit application, plats where required, and other supportive documents and data necessary to permit the review of proposed water and sewer system improvements. "Developer" means any individual,partnership, corporation, owner, subdivider, or any other person who or entity which, by reason of development, proposes or undertakes the construction of public water or wastewater facilities to provide service for any property or properties, area development or subdivision in which the water or wastewater facilities are to be extended from, connected to or ultimately become part of the water supply or wastewater collection system of the City. "Director"means the Director of Public Services of the City. "Easement" means, for purposes of this Policy, the right to use land granted by a Developer or other party to the City, for the purpose of operating, managing, and constructing water and wastewater facilities. "Engineer" means the registered professional engineer in the State of Florida who is also the engineer of record responsible for the preparation of plans and specifications and other related design documents for the water or wastewater 2 facilities being constructed within the area served by the City, and responsible for certifying the project upon completion. "Fee" means the non-refundable monetary compensation rendered to the City for construction document review and inspection service. Florida Department of Environmental Protection ("FDEP") is the state agency responsible for regulating environmental programs within the State of Florida. In the event the FDEP no longer is the state agency responsible for regulating environmental and utility programs within the State of Florida, references made to FDEP shall apply to any successor state agency. "Inspection" means a periodic construction site visit by a representative of the City during construction of the water and sewer improvements to insure compliance with the City approved Construction Documents, after completion of construction for preliminary acceptance prior to conveyance of the required water and sewer facilities to the City, or after the one (1) year contractual warranty period for final acceptance of the water and sewer facilities by the City. "Inspector" means a representative of the City designated to provide periodic inspection of all water and sewerage system construction. "Lateral Sewer" means a sewer pipe which discharges into a branch or other sewer and has only building sewers tributary to it, and is upstream of the customer's point of connection to the sanitary sewer, gravity, or force main. "Master Plan Development" means a tentative plan showing the proposed development of a tract of land for which development is to be carried out in one (1) or more stages. "Modification" means a revision requested by the engineer of record to Construction Documents, which have been approved by the City, when such revision necessitates an additional review and approval process. Revisions requested by the City are not included in this definition unless they are for materials or methods specified in this Policy, which are not adhered to by the engineer. "Person or Entity" means the individual, corporation, organization or the like, who or which desires to construct water and sewer system improvements who require the services of the City. "Probable Cost of Construction" means the cost estimate prepared by the engineer of record for the water and sewer system improvements submitted for review. The estimate shall contain a detailed breakdown of cost, listing items, quantities, sizes; unit cost, and total cost on an item-by-item basis. 3 "Project" means the water and sewer system improvements illustrated and described in the construction documents for the development of land in the City's service area. Public Health Unit ("PHU") is the local agency responsible for regulating water treatment and distribution programs. In the event the local PHU is no longer the local agency responsible for regulating environmental and utility programs, references made to PHU shall apply to any successor agency. "Registered professional engineer" means a person who has met the requirements of the laws of the State of Florida and is duly registered and entitled to practice as a professional engineer in the State of Florida. "Right-of-way" means an area of land dedicated by the owner of lands to the City, the State of Florida, or Broward County for general public use, including, but not limited to, transportation, utilities, stormwater, ingress and egress, and generally in conformance with the Florida Department of Transportation understanding of general public rights-of-way. Dedication of lands not for general transportation purposes, but for other uses may also qualify under this definition. "Service" means work performed by the City to review and approve water and sewer system Construction Documents and provide inspection during and after construction of such improvements. "Sewer Service Line" means a gravity sewer pipe which extends from a sewer main to a customer's point of connection at a public right-of-way. "Utilities Performance Security" means a performance bond, cash bond, or letter of credit to be furnished by the Developer to the City, prior to commencement of construction, for all water and sewer construction to guarantee the construction and the workmanship and materials for the warranty period after the utility facilities have been conveyed to the City, or upon completion of the utility facilities when construction occurs on private property. "Water Service Line" means a water service installation which includes: tapping saddle, corporation stop, service line and meter installation, to the property line or utility easement limit. Section 5. WATER AND SEWER EXTENSION POLICY 5.01 Current Plans and Studies (1) Official Plans and Studies 4 The size, design, and location of water and sewer system facilities, as well as any additions and extensions to such facilities, shall conform to the requirements of adopted water and sewer plans. (2) Design All water and sewer facilities to be connected to the City water and sewer system shall be constructed in conformance with the standard specifications as authorized in this Policy, which may be amended from time to time. All such extensions shall be designed by a registered professional engineer in the State of Florida, who shall certify the adequacy of the extension design and its conformance to City standards. All proposed extensions shall meet the requirements of the following documents as approved by the City: "City of Dania Beach Water, Wastewater and Stormwater Facilities Plan." 5.02 Facilities Ownership, Operation All water and sewer facilities connected or to be connected to the City system shall be dedicated to, owned by, operated, and maintained by the City in accordance with current City policies. The City shall be provided with the dedication of and title to all necessary easements, rights-of-way, releases, warranties, and property interests incidental to and necessary for the operation and maintenance of the facilities as described in this Policy, in a form acceptable to the City prior to the initiation of water and sewer service. 5.03 Connection Approvals (1) Prior to connecting to the City's water and sewer system, the connecting party shall submit an application for approval to connect. An application for approval to connect shall be granted in accordance with the provisions of this Policy and other policies of the City. 1 (2) Connection approvals may be obtained subject to reasonable and necessary conditions. In areas of the system that have limited or marginal capacity, the City may reserve the right to limit the number of new connections or extensions if capacity problems actually arise. The City may also request, at its own discretion, that an existing system be upgraded in order to increase capacity at a connection point. (3) Connections to the City water and sewer systems shall be approved by the Director or his or her designee, and must be accompanied by payment for all necessary permit, connection, and capacity charges. 5.04 Engineering Information Any party planning or designing connections to the City's water and sewer system shall be responsible for conducting the necessary engineering investigations to determine connection feasibility, including, but not limited to, flows, pressures, connection locations, elevations, and sizes. Data obtained from working maps, plans, or studies of the City shall not be acceptable as a substitute for this responsibility or be regarded as authoritative. System data provided by the 5 City shall be regarded as official only when provided in writing by the Director or his or her designee. 5.05 Financing (1) Developer/Owner Extensions (a) All water and sewer extensions from the City system to unserved property, or to properties where service is currently inadequate, shall be constructed by and paid for by, the person desiring such service. (b) Transmission, distribution, and other water/sewer facilities will be provided by the Developer at no cost to the City pursuant to the requirements and specifications of the City. Facilities up to the point of connection shall be conveyed to the City in a form acceptable to the City. The location, size, or proposed density of a Developer's property may make service to such property dependent upon the extension of off-site water distribution and sewage collection facilities. For the purpose of this Policy, the term "off-site facilities" shall be defined as those main water transmission lines, sewage collection lines, sewage force mains, and pumping stations necessary to connect the Developer's property with facilities of the City, which are adequate in size to transmit to the Developer's property an adequate quantity of water under adequate pressure including both potable and fire flows and transmit sewage collected flows from the Developer's property to a treatment plant or other approved discharge point of the City. The physical location of such off-site facilities may be within the geographic boundaries of the Developer's property; however, such geographic location shall not change the character of such off-site facilities since they relate to major transmission and collection facilities serving major developed areas or more than one Developer's property. (c) It is the City's policy to apportion the cost of major transmission and collection lines and pumping stations pro rata among the properties receiving service from such main transmission lines located off-site as to the Developer's property. If the water and sewer facilities can reasonably be expected to serve areas other than those serving the planned development, and if the City has plans for mains and facilities that are larger than necessary to serve the planned development, the City shall require that such mains and facilities be oversized, as specified by the City, to enable service to be provided to such additional areas. The increase in size and services of mains and facilities may be accomplished as follows: (i) If the City's immediate Capital Improvement Plan calls for installation of mains and facilities, the City may enter into a Utility Facility Reimbursement Agreement, in which the City agrees to bear the 6 increase in material costs and excavation and backfilling limits due solely to the oversizing of such main and facility, with payment to be made to the Developer/owner after acceptance of the lines. The payment to the Developer/owner shall be based on the difference in the material costs of the construction between the oversized main and facilities and those facilities which the Developer otherwise required solely for its own use. The City will use as backup data, actual material and construction invoices and certified data, that may be supplied by a Developer's engineer or developed by the City internally based on recent bid amounts. The City will determine the "cost difference" for oversizing. In the event of a disagreement, the decision of the City will be final. (ii) If the City's plans for installation of mains and facilities is projected for future years beyond an established Capital Improvement Plan, and the Director feels it is prudent to expedite the installation of the facilities based on anticipated growth projections and subsequent future demands the Director may recommend that the City enter into a Contribution Agreement with the Developer/owner to have the Developer/owner install the facilities in return for imapct fee credits related to such regional facilities. (d) The City shall limit its amount of participation in over-sizing or reserve capacity charge credits, based on economical considerations and other factors, which may be considered by the City to impose an unnecessary burden on taxpayers. (e) The City may enter into agreements to design, construct, and inspect Developer/owner desired water or sewerage extensions when the Developer/owner agrees to pay all costs and submits payment in advance. (2) Extensions by Petition of Residents (Distribution and Collection Facilities) (a) Water and sewer lines may be extended upon receipt of a petition requesting such improvements. All petitions for improvements shall specify that the assessments shall be paid, including such interest charges as may be enacted by the City Commission (unless expressly dictated otherwise through action of the City). Such a petition shall be signed by not less than fifty-one percent (51%) of the property owners who would derive service from such an extension, and at the same time, own at least fifty-one percent (51%) of the linear feet of frontage property abutting the proposed improvements. (b) The City shall assess 100 percent (100%) of the full cost of the water and sewer improvements against the abutting property owners, including engineering, easement costs, permitting, and construction. The City and other governmental properties shall be assessed in the same manner as other property. The assessment cost shall be based on the cost of installation of the project. Where the 7 size of the property exceeds the normal building lot size in a particular zoning district, the City may assess property owners on the basis of acreage, or a combination of frontage and acreage. In any event, the assessments against property owners shall be applied uniformly to all projects approved by the City Commission, in addition to any standard connection,tap, access, usage, impact, or reserve capacity charges that may now or in the future be adopted. (3) Requests of the Other Government Entities. In the event that the City permits an extension of its water and sewer lines at the request of another governmental entity, such extensions shall be at the sole expense of the party requesting the extension. Expenses are to include, but not be limited to, planning, design, engineering, permitting, and construction fees, and any and all sums required for rights-of-way and easements, and any other costs incidental to the extension. 5.06. Permits (1) It shall be unlawful to hook up any water or wastewater collection service to the City systems without first having filed an application and obtained written approval from the Director. (2) All work to be performed within the City shall be in compliance with all of the rules and regulations of the governing agencies having jurisdiction over the matter, including, but not limited to, the State of Florida, Department of Environmental Protection, the Broward County Health Department, and the Broward County Department of Environmental Protection. (3) The permit application shall be submitted by the owner of the property to be serviced by the City. (4) All fees required shall be as set forth in the City Code of Ordinances or as otherwise provided by law, ordinance, resolution, or regulation. (5) The City utility connection permit application shall: (a) Identify the location of the property to be served and the location through which the facilities for the water distribution and wastewater collection system connection are to be situated. (b) In the case where the service facilities are to be located outside the right-of- way, the applicant shall provide a title opinion reflecting ownership of the property through which the facilities for the water distribution and wastewater collection system connection are to be located and any lienholder interests. The record title owner of such property shall provide to the City an easement over, upon and through the property for the water distribution and wastewater collection system connection upon completion and acceptance of the work by the City. The owner shall be joined in the easement by any lienholder as reflected in 8 the title opinion. The application shall be accompanied by Florida Department of Revenue form DR-219. (c) The application shall include a copy of the design of the facilities. This design shall meet the "Minimum Engineering and Construction Standards" of the City. This design shall be pre-approved by the City prior to submission of the application. 5.07 Design,installation,and inspection design. (1) To the extent practicable, all facilities shall be constructed in accordance with the City's policies in effect at the time of submission of the permit application. (2) The design for the facilities shall be prepared by a professional engineer, licensed in the State of Florida, in accordance with Chapter 471, Florida Statutes. (3) Installation and Inspections. All materials and installations covered by this section shall be inspected by the City to verify compliance with all applicable local, state, and federal guidelines, as well as the plans and specifications. (a) The City will provide periodic inspection of the facilities during construction, at the Developer's cost, to insure compliance with all applicable local, state, and federal guidelines plans and specifications. (b) All materials shall adhere to the adopted Broward County Design Standards and shall be approved as a shop drawing or approved material review list. (c) Upon completion of the installation of improvements, and passage of final inspection, the Director or his or her designee will recommend acceptance of the improvements to the City Commission. Prior to this recommendation, the following must be addressed: (i) Six (6) copies of as-built drawings certified by a registered professional engineer in the State of Florida must be received by the City, including a reproducible mylar of the as-built drawings and electronic copies in a format usable by the City; (ii) Fulfillment by the Contractor of all contractual obligations with the City; and (iii) Fulfillment of all obligations in accordance with City ordinances, as amended from time to time. (4) Assessments Against Residents The City may assess any property within the City limits for up to the full cost of the installation of any water distribution or sewage collection system improvements. These 9 assessments shall be levied in accordance with, and following the procedure set forth in the Florida Statutes. (5) Impact Fees Due Water System and Sewer System Impact fees shall be paid as set forth in the City Code of Ordinances. 5.08 Continuing Obligations The owner/Developer/contractor shall warrant all work to be accepted by the City for maintenance for one full calendar year after acceptance by the City Commission. This shall include all utility lines and appurtenances installed for the project. 5.09 Agreements All agreements for conveyance of water and sewer facilities, easements or other requirements of the City, as covered in this Policy, shall be entered into prior to the issuance of any building permits, and may be recorded by the City, at the expense of the Developer, in the official records of Broward County. Section 6. POLICIES AND STANDARDS 6.01 General Policy To effectively regulate the design and construction of water and sanitary sewer facilities within the area served or contemplated to be served by the City, policies and standards relevant to the review and approval of construction documents are established by this Policy. This section shall define the policies and standards which are applicable to all development activities within the service area covered by this Policy. 6.02 Submittals The submittal of construction documents and supportive materials to the City shall be in accordance with the City's policies and must be accompanied by a descriptive cover letter. The cover letter shall include, but not be limited to, the following: (1) Project name; (2) Location of project; (3) Type of utility construction proposed; (4) Estimated number of water and sewer users to be served by the proposed construction; 10 (5) Explanation of what action the City is being requested to take regarding the materials submitted; (6) List of documents attached; (7) Legal description of the property; (8) Owner's name, address, and telephone number; and (9) Owner's authorized representative's name, address, and telephone number. In should be noted, that the City requires complete data and information with this initial submission in order to efficiently provide the necessary review. For this reason, a "standard transmittal" form will not be acceptable for the initial submission. However, transmittal forms may be utilized for the subsequent submittal of revised documents, additional items requested by the City, and other information pertinent to the review and approval process. 6.03 Construction Documents Review and Approval The City, as well as any other applicable agencies, shall review and provide written approval of the construction drawings, technical specifications, and supporting documents prior to the construction of water and sewer facilities for new developments or the connection to existing systems. 6.04 Utility Service: Availability Prior to the submission of Construction Documents for review and approval by the City, the Developer must obtain written verification from the Director regarding the availability of water and sewer services by the City for the proposed development. The Director will respond to all requests and will address the present status of utility service and any restrictions which may exist regarding the availability of those services. The data provided by this response will supply the Developer with pertinent facts regarding the location and availability of the City's existing and proposed utility systems. This response shall be utilized in the planning and design of any project's utility system. If City-owned utility facilities are not currently available, the Developer shall provide interim utility service to the property. Any service provider other than the City shall be deemed an interim service provider. 6.05 Preparation of Construction Documents Construction drawings and technical specifications relating to the water and sewer facilities to be constructed shall be prepared under the supervision of and certified by a registered professional engineer licensed to practice in the State of Florida, under Chapter 471, Florida Statutes. This provision shall apply to all utility construction activities, including extensions and connections to existing systems, construction of independent systems and rehabilitative repairs 11 and modifications to existing systems. If a question arises as to the need for the services of a registered professional engineer on any specific construction activity, a written request for clarification must be submitted to the City. The request for waiver of this requirement must clearly describe the proposed activity and extent of the work to be performed. The City will review each request and respond accordingly. 6.06 Water and Sewer Permits - Other Agencies Developments or other construction activities shall require the approval of the construction documents for the proposed water and sewage facilities by the City where such developments or activities: (1) are to be served by the City's water and sewer system; and (2) require permits from the County Public Health Unit and the Florida Department of Environmental Protection(FDEP). For development or construction activities served by an interim utility system, the Developer may obtain FDEP permits through the interim utility prior to Construction Document approval by the City. However, construction commencement within such a system may not occur until the Construction Documents are reviewed and approved by the City and a pre- construction conference with the City is satisfactorily completed. 6.07 Design and Performance: Standard Manuals and Publications The technical standards, procedures, and criteria contained in the latest edition of each of the documents listed below are incorporated by reference and made a part of the utility design requirements to be governed by this Policy. The requirements of these documents are minimum requirements and nothing in this Policy shall be construed to preclude the favorable consideration of a design based on other rational criteria not covered by the referenced standards. Deviation from the established criteria may be considered only when the engineer furnishes for review and approval satisfactory evidence of the adequacy of the design. In no case shall approval be granted to any design which will result in a system or facility performance less than that which can be anticipated if the recognized and accepted standards are used. A List of Standard Manuals and Publications follows: (1) Water Pollution Control Federation, Manual of Practice No. 8, Wastewater Treatment Plant Design, W.E.F., 2626 Pennsylvania Avenue,N.W., Washington, D.C. 20037; (2) Water Pollution Control Federation, Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers, W.E.F., 2626 Pennsylvania Avenue, N.W., Washington, D.C. 20037; (3) Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1978 Edition. Recommended Standards for Sewage Works, Health Education Service, Inc. P.O. Box 7283, Albany,New York 12224; 12 (4) Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 1982 Edition. Recommended Standards For Water Works, Health Education Service, Inc. P.O. Box 7283, Albany,New York 12224; (5) Rules of the Florida Department of Environmental Protection, Chapter 62-600, Wastewater Facilities and Chapter 62-550, Water Suppliers; (6) American Water Works Association, Inc. Water Treatment Plant Design, AWWA, 6666 West Quincy Avenue, Denver, Colorado, 80235; (7) American Water Works Association, AWWA Standards, AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235; (8) Ductile Iron Pipe Research Association, Handbook, Ductile Iron Pipe/Cast Iron Pipe, Ductile Iron Pipe Research Association, 245 Riverchase Parkway East, Birmingham, Alabama 35244; (9) Uni-Bell Plastic Pipe Association, Handbook of PVC Pipe, Uni-Bell Plastic Pipe Association, 2655 Villa Creek Drive, Suite 164, Dallas, Texas 75234; (10) American National Standards Institute, latest revision; (11) American Society for Testing and Materials, Volumes 1.02, 4.01, 4.02, 4.05, 6.02; and (12) American Water Works Association, Inc. AWWA Manual M-14, 6666 West Quincy Avenue, Denver, Colorado 80235. 6.08 City Supplements to Standards of Design In addition to the design and construction standards and procedures contained in the manuals and publications listed in subsection 6.07 above, the Director is authorized to adopt supplemental design and construction standards and details to meet the specific needs of the City. 6.09 Compliance Agreements The City requires certain assurances that the water and sewer facilities to be constructed and dedicated to the City shall meet the standards specified by the City for construction. Development of property which is not associated with planning and zoning reviews is not reviewed for comment by the City prior to submission of Construction Documents for review and approval. Therefore, projects of that nature will be deemed to have not committed to abide by the policies, procedures, and standards for construction and dedication required by the City. Therefore, any Developer not legally bound to comply with the City's standards through approved rezoning, PUD or site development plans, shall be required to enter into a binding legal agreement with the City at the time a site development plan, subdivision master plan or other applicable development approval request is submitted to the City. 13 6.10 Utility Leases Water and sewer facilities that are constructed for a development and dedicated to the City, which cannot be connected to the City owned and operated water and sewer system at the time of dedication, will be leased to the owner of the water or sewage treatment facilities providing interim utility service to the development pursuant to applicable City policies. This leasing arrangement shall be considered as an interim measure until the City is in a position to provide water and sewer service to the development. The lease will contain the terms and conditions describing the mutual responsibilities of the lessee and lessor regarding the operation and maintenance of the water and sewerage facilities covered under the lease. Where the City deems it necessary to lease the water and sewer facilities, the terms and conditions of the lease shall be agreed to by all parties prior to the approval of construction of the proposed facilities. The conveyance and subsequent lease-back of water and sewage treatment facilities by the City shall be determined on a case-by-case basis. At no time will the City undertake to operate and maintain any interim treatment facility. The legally executed lease agreement shall be a part of the documents to be approved and accepted by the City at the time that the water and sewerage facilities are conveyed to the City. 6.11 Utilities Conveyance and Acceptance The conveyance for ownership of water and sewer facilities to the City involves a legal transfer of property from the Developer to the City. This transfer of ownership shall be made consistent with the requirements of law as set forth in ordinances, policies and resolutions, as may exist both now and in the future, or related amendments or successor ordinance(s) or resolutions. Upon completion of the City's review and approval of the Construction Documents, the Developer will be provided with a checklist of the conveyance documents required for submission at time the constructed facilities are dedicated to the City. (1) Water Line Acceptance The City shall own and maintain all water lines four inches (4") and greater in diameter, up to and including the water meter. Smaller water lines will not be accepted or permitted beyond the date of adoption of this Policy. All such water lines shall be constructed in dedicated rights-of-way or appropriate utility easements dedicated to the City. (2) Gravity Sewer Line Acceptance In developments where streets, roads, drives, etc. are to remain in private ownership, and where internal sanitary sewer pipeline systems terminate in a condition where it is evident that such systems will not be extended to serve any other adjacent and separate development, the ownership, operation, and maintenance of those systems may remain private. Conversely, the City will accept for ownership, operation, and maintenance any such system in platted rights-of- way or any segment of such system intended to be extended to serve other developments when 14 such system is constructed in an appropriately dedicated easement. All lines accepted must meet minimum requirements of this Policy and be at least eight inches (8") in diameter. This Policy specifically excludes lateral sewer lines. (3) Lift Station and Force Main Acceptance The City shall accept for ownership, operation, and maintenance all sanitary sewer lift stations and associated force mains so long as it is confirmed in writing by the grantor that the lift station and force main may be utilized for current and future joint use by adjacent and separate developments and provided that such systems are constructed in appropriately dedicated easements to the standards set forth by the Director. (4) Consent to Use Easements Plantings, parking, and other uses that are within a City easement are considered to be inconsistent uses that affect the City's ability to install and maintain its facilities. Therefore, a Consent to Use Easement Agreement shall be required if such usage is desired by a Developer or other property owner. The City is not, however, under any obligation to allow such usage by a Developer or other person. 6.12 City Inspections The City shall inspect the facilities being constructed for conveyance. Inspection will occur during construction, prior to conveyance, and at the end of the one (1) year warranty period after conveyance of the water and sewerage facilities. The number and frequency of inspections performed will be directly related to the type and size of the utilities being constructed. Inspections shall be classified as construction related,preliminary, and final. Construction-related inspections shall include, but are not limited to, the following: (1) Hot taps to water and sewer facilities; (2) Master meter and bypass piping; (3) Jack and bore casings; (4) Pressure tests; (5) Infiltration/exfiltration tests; (6) Lift station installation, prior to cover-up and start-up; (7) Lift station start-up; (8) Lamping of sewer lines; 15 (9) Flushing of sewer lines, force mains and water mains; (10) Television video taping of sewer lines, at the end of both construction and the warranty period; (11) Fire hydrant thrust blocks; (12) Conflict construction; (13) Connections to existing water and sewer facilities; (14) Casing installations; and (15) Other special requirements as specified by the City at the time of construction document approval. Upon approval of the plans and specifications for construction, the City will provide to the Developer at the pre-construction meeting a list of the number, interval, and types of inspections it will make during the construction of the facilities and which inspections will be the obligation of the engineer of record. Preliminary and final inspections will be required for all utility facilities constructed pursuant to this Policy. Preliminary inspections shall take place prior to approval of the record drawings and the conveyance of the facilities to the City. Final inspections shall be made prior to the end of the one (1) year warranty period. All deficiencies identified during final inspection must be resolved to the satisfaction of the Director prior to the release of the project's Maintenance Bond. A complete explanation of the requirements for preliminary and final inspections can be found in Section 9 of this Policy. 6.13 Building permits - Connection Fees and Charges The City shall not approve the issuance of a building permit for any development until the utility construction documents and associated plat or waiver of plat have been reviewed and approved and all appropriate water and sewer system reserve capacity charges and connection fees have been paid. The Developer shall be responsible for coordinating its activities with the City, to ensure that all the necessary utility construction documents are submitted for review and approval. Temporary sales facilities shall be exempt from the requirement of utility construction document approval prior to building permit approval, unless specific conditions preclude such exemption. A certificate of occupancy shall not be issued for any structure prior to preliminary acceptance of all water and sewer facilities required by this Policy. 16 6.14 Construction Observation All water and sewerage facilities to be constructed must have their installation observed and certified by the engineer of record, who must be a registered professional engineer licensed to practice in the State of Florida. The nature and extent of the construction observation is provided in detail in Section 8 of this Policy. Section 7. CONSTRUCTION APPROVAL AND DOCUMENT SUBMISSIONS 7.01 General The standards presented in this Policy are considered to be the minimum acceptable requirements for construction documents submitted for review to the City and are not meant to preclude the City from requesting additional data, details, or other supplemental documentation as may be deemed necessary. This section pertains to the document requirements for the following: (1) Water and sewer facilities for proposed new developments connected or to be connected to existing water and sewerage systems; and (2) Water and sewer facilities for proposed new developments to be served by interim water and sewage treatment plants. 7.02 Construction Documents (1) Plans, Specifications, and Cost Estimate The engineer shall furnish to the Director five (5) complete sets of the construction drawings and two (2) sets of the technical specifications for review. The construction drawings shall be prepared on standard size 24" x 36" sheets. The technical specifications shall be typewritten on 8-1/2" x II" sheets and bound in an acceptable manner. Included with the technical specifications shall be an estimate of probable construction cost, prepared by the project engineer, which contains a summary of quantities and estimate of installed cost for the water and sewer facilities proposed for construction. The cost estimate shall be prepared by the engineer and submitted in itemized form to include the cost of all required improvements or the contract bid price for all work necessary to complete the required improvements. The incorporation of technical specifications into the construction drawings in lieu of a separate set of written specifications as described above shall not be acceptable, unless written waiver is granted by the City. The construction documents shall be submitted to the City for review and approval prior to the commencement of any construction. The drawings shall include, but are not limited to: (a) Cover sheet with location map; 17 (b) Site utility Master Plan, indicating the overall site development and all proposed utility improvements, with references to the appropriate plan and profile sheets. If phasing of the project is proposed, phases must be indicated on this drawing. For proposed points of connection to existing water and sewerage facilities, the site utility plan must indicate the method and materials to be used. Actual location of existing sewer mains or laterals and water lines stubs must be shown; (c) Identification of individual lots for subdivisions, buildings and structures for condominiums, multi-family projects, etc.; (d) For all projects, except single family subdivisions, the proposed meter size and location to service each structure shall be illustrated; (e) All existing utility easements on the particular property shall be shown on the drawings. Proposed easements may be required to be shown if the site working space is confined. Such a determination shall be made on a case-by-case basis by the City. The easements required to be shown shall be clearly labeled, showing the width and limits. The size and extent of the easements shall be mutually agreed to by the Developer and the City on a case-by-case basis (see Section 7.07). Existing easements shall be referenced by Official Records Book and Page number or by Plat Book and Page number as recorded in the official records of Broward County; (f) Plan and profile sheets shall indicate the horizontal and vertical locations for all water and sewer improvements, including all appurtenances as well as other proposed or existing facilities and conflicts in the same general location. Special profile sheets shall be required when unique situations or complex conflicts occur that cannot be clearly detailed on a standard plan and profile forms. Without exception, profiles must be positioned on the sheet directly below the plan section they are illustrating; (g) Water and sewer standard details. Pavement restoration, backfill standards, compaction requirements, etc., regarding work within the public rights-of-way shall be governed by the rules and regulations established by the Florida Department of Transportation. The City may develop standard details involving these items to reflect the requirements of same. ,Such standard utility system details shall be required for all construction projects; (h) Complete lift station drawings, specifications as required, and details including shop drawings, when necessary, shall be submitted. A special site plan of the lift station and appurtenances must be provided. It shall contain specific details on the configuration of the station, location of appurtenances, such as electric service and transformers, guard posts, control panels, etc., and the proposed location with respect to roadways, sidewalks or bike paths, driveways and proposed or existing rights-of-way or utility easements; (i) Hydraulic design reports covering the water transmission and distribution and sewage collection and transmission systems to serve the project are to be performed by the engineer and submitted for review and approval with the construction documents. 18 Computations for the water systems are to define flow conditions at all mains in the system including fire flow requirements. Sewer computations are to define flows in sewer mains and calculations on lift stations and force mains. The reports shall list all design assumptions, demand rates, and other factors pertinent to the system under consideration; (j) Internal water distribution systems shall be designed to eliminate dead end mains through the looping of the distribution system. Each system shall be designed to provide stubs for future system interconnection with adjacent properties. All such stubs shall be terminated with a fire hydrant for flushing purposes. The location of such stubs shall be mutually agreed to by the City and the Developer during the design process. Interconnection to existing stubs by a project will be mandatory; and (k) Fire hydrant branches (from main to hydrant) will be not less than six (6) inches in diameter and as short as possible with a maximum of 30 feet. Each branch will be individually gate valved. On pre-stressed concrete mains where the installation of fire hydrants is not required immediately, the necessary fitting for the future installation of fire hydrants shall be provided. (2) Sewer Connections When connection to a central sanitary sewer system other than those operated and maintained by the City is proposed, the following items shall be submitted to the City for review and approval: (a) Plans: (i) Site plan, including point of connection to sewer system; and (ii) Floor plans showing bathrooms and other fixtures connected to the sewer system. (b) Letters from agency or owner operating the sewage treatment facility stating: (i) Name, location, and authority (municipality, franchise, etc.) of plant to serve proposed structure; (ii) Design capacity of plant; (iii) Amount of capacity committed or reserved for existing and other proposed structures and developments; (iv) A binding statement or agreement stating that adequate treatment capacity is available and is reserved for the proposed structure, structures or development; 19 (v) If connection is to an on-site treatment facility, then the owner and operator of the plant must provide a copy of the FDEP construction or operating permit; (vi) The average daily flows during the last 30 days; (vii) The average daily flows during the last 12 months; (viii) The maximum daily flow during the last 30 days; and (ix) The maximum daily flow during the last 12 months. In addition, the Building Permit number(s) for the proposed construction shall be furnished for identification purposes. All such connections will be considered interim. 7.03 Permits (1) All proposed water and sewer construction which will connect to treatment and distribution facilities operated by the City shall have the appropriate PHU/FDEP construction permit application(s) approved by the Director. Such construction permit approval will occur only after the drawings and specifications prove satisfactory to the City. The application forms must be completed and executed by the applicant or his or her agent and the engineer of record, prior to submission. Information from the City shall be checked and filled in and completed by the Developer unless directed to do otherwise by the City. When the water and sewer facilities are not being connected to the City system, a copy of the approved PHU and FDEP construction permit(s) shall be submitted to the City upon issuance. Copies of permits issued for connection to the City system shall also be submitted to the City upon issuance. (2) Right-of-Way Permits - Construction that will take place within dedicated public rights-of-way may require an approved permit from the appropriate underlying agency. A copy of the approved permit must be submitted to the City prior to conducting the pre-construction conference for the project. When utility construction occurs within the rights-of-way of the State of Florida, a Florida Department of Transportation (FDOT) Utility Permit must be obtained. For utility facilities which will ultimately be owned by the City, the FDOT Utility Permit form must be executed by the City. Procedures for permit application submission and support documentation required to enable the City to execute the FDOT Utility Permit will be determined on a project-by-project basis and coordinated with the Developer or Developer's engineer. Final approval of construction documents for a project requiring a FDOT Utility Permit will not be granted until the Utility Permit has been issued and a copy submitted to the City. When companion County permit applications must be obtained, they will be released for processing prior to final FDOT permit approval, provided the Construction Documents are found to be satisfactory. 20 7.04 Engineer's Report The engineer of record shall furnish with the Construction Documents a brief, concise report that summarizes the proposed construction. The report shall address the connections to be served, phases of construction, design assumptions, estimated flows and demands, estimated construction costs, and any other data relevant to the proposed construction. When a specific project involves the construction of on-site water or wastewater treatment facilities, the engineer shall provide the City with a copy of the engineer's report required by and submitted to the Florida Department of Environmental Protection. This submission is for informational purposes only. Treatment facility design will not be addressed by the review and approval process of the City. 7.05 Plats A copy of the proposed plat for a new subdivision which contains water and sewer facilities shall be submitted with the construction drawings to the City for review and approval. All utility easements required for the water and sewer facilities shall be shown on the plat, if possible. Further, the dedication block on the cover sheet shall contain statements for the following: (1) That all utility easements for water and sewer facilities and ingress and egress rights, where appropriate, are provided to the City to install, operate, and maintain water and sewer utility facilities within the platted area. This shall be provided in substantially the following form: The water and sewer easements as shown on the attached plat are dedicated to the perpetual use of the City to install, operate, and maintain water and sewer facilities within the [platted area], and an easement is dedicated to the City for ingress and egress over the [platted area] for the installation, maintenance and operation of same. [The platted area should be specifically described in each instance to allow for easy identification of the two separate easements granted]; and (2) Applicable water and sewer facilities constructed within this platted area shall be conveyed to the City upon acceptance of the improvements required by the Plat. The conveyance of the structures shall be done by a bill of sale or other acceptable transfer document in the sole discretion of the City. If a plat is not required for a specific project, the engineer shall provide documentation confirming that fact so that the City can determine the extent of utility easements that must be provided. 7.06 Lift Station Hydraulic Analysis Projects utilizing sewage lift stations to transport sewage internally within a project or for transfer to an off-site force main system shall have a hydraulic design analysis prepared and submitted with the construction documents. This analysis must be ..incorporated into the 21 hydraulic design report mentioned in this Policy. This analysis shall include, but is not limited to, the following: (1) Design flows and peaking factors; (2) Pertinent design assumptions; (3) Wet well sizing/storage capacity; (4) Pump cycling analysis; (5) Buoyancy computations; (6) System head curves for pumps selected; (7) Head-capacity curves and associated computations and assumptions, when tying into a manifold force main system; and (8) Station pump capacity and storage requirements necessary to accommodate re- pumping wastewater from other phases of the project. Upon the written request of the engineer of record, the City will provide data available to the City on the existing sewer systems owned and operated by the City. When connecting to a manifold system, the Developer shall be responsible for all costs of the connection, including upgrades or modifications to pumping systems at other lift stations, which manifold into the same force main. 7.07 Utility Easements When a project requires the placement of utilities to be accepted by the City on private property, all proposed easements which are to be granted to the City must be identified on the site plan, with dimensional ties to the property's boundary. Utility easement documents shall be submitted with the Construction Documents when the construction will be limited to master meter installations which will not require conveyance of utility facilities to the City. These documents shall be submitted in draft form for review and approval prior to submission of the original executed easement. Projects which incorporate complete sewage collection and transmission facilities and water distribution facilities will not be required to submit the utility easement documents until the facilities are ready for conveyance to the City. At no time should utility easement documents be recorded by the Developer or owner and then transmitted to the City for approval. Any previously recorded document will be returned as unacceptable. Recordation of utility easements will be made by the City, at the Developer's expense,after receiving approval of the Director. 22 Easement documents shall be submitted and approved, prior to acceptance of the utility facilities and commencement of service. All utility easements shall be for the exclusive use of the City. Any other use of these easements including, but not limited to, paved parking, landscaping, or drainage shall not be allowed without the formal recording of a"Consent To Use Easement Area"agreement properly executed by the owner and the City. The minimum width of water line easements shall be fifteen (15) feet. The minimum width of gravity sewer easements shall be twice the depth of the line plus three (3) feet or fifteen (15) feet, whichever is greater. The minimum width of force main or effluent line easements shall be fifteen (15) feet. Lift station easements shall be twice the depth of the lift station, or 30 feet by 30 feet, whichever is greater. 7.08 Architectural Plans When the proposed development consists of multi-family, multi-story or unit commercial, institutional or industry-type construction, one (1) set of the architectural drawings shall be submitted to the Director. The floor plans shall accurately detail the plumbing fixtures for all floors to be constructed, detail the layout of each unit, and identify the units per building number,letter, etc. To provide the City with information on the number and types of units proposed for construction, and to allow for the computation of reserve capacity fees, the following architectural and site plan drawings must be submitted to the City for review: (1) A site plan showing proposed structures and identifying numbers, etc. and number of units per structure. In addition, the location of the sewer lateral(s) available to serve the property must be shown accurately on the site plan; (2) Floor plans of units showing bathrooms, kitchens, laundry rooms, public toilets, outside showers,cabanas, swimming pools, etc.; (3) Plumbing schematics for the buildings showing connections to the sewer and water systems; (4) A site utility plan illustrating points of connection to existing or proposed water and sewer systems to serve the project and location and size of water meters and fire service connections; and (5) Plumbing schematics illustrating the location and size of all grease traps and floor drains in commercial structures which process food and shop drawings of the grease trap units proposed to be utilized. Grease traps must be designed in conformance with applicable codes and standard engineering practice. 23 7.09 Final Construction Documents Upon completion of the review process by the City, and prior to issuance of the building permit for project construction by the City, the engineer shall submit five (5) final sets of construction drawings and technical specifications for the City's use. These sets of construction documents shall bear the original signature and seal of the engineer of record. 7.10 Review and Inspection Fees The City has determined that revenues generated from the users of the City's water and sewer facilities should not be the sole source utilized to fund the cost incurred by the City for construction document processing, and inspection services for projects to be constructed in the City's service area. The costs incurred by the City for these services shall be paid by the person or entity requiring the service. The City Commission has established and adopted, by Resolution, a schedule of fees and charges for construction document processing, inspection services, and sales of copies of this Policy. A Construction Document Review fee shall be submitted with the construction documents submission specified in section 7.02 of this Policy. A Construction Document Review Resubmission fee shall be required if the City must review a set of contract documents more than two (2) times (the two (2) reviews consist of the initial review and one resubmission). The resubmission fee shall be submitted at the time a third review submission is made. A Construction Inspection fee shall be submitted with the final construction documents submission specified in section 7.09 of this Policy. The Construction Document Modification fee shall be submitted upon written request of the City prior to final approval of the modifications requested. The Developer shall be responsible for the payment of all fees identified above. 7.11 Utilities Performance Security All Developers shall be required to furnish performance security, to be submitted with the final Construction Documents and approved by the City Attorney prior to commencement of utility construction, in an amount equal to one hundred ten percent (110%) of the engineer's Probable Cost of Construction of Water and Sewer Facilities. This performance security shall be in effect for the duration of the warranty period. For completion of facilities constructed on private, unsubdivided property, a one hundred percent (100%) performance security must be provided to the City and accepted prior to preliminary acceptance of the completed utility facilities. Whenever reasonably possible, the performance security amount shall be based on the actual bid price of the water and sewer facilities. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form must be submitted with the performance security. The performance security shall be held by the City and shall secure and cover the performance of the Developer in constructing and maintaining the subject water and sewer improvements. The performance security must be in a form approved by the City. Performance security will not be required for the construction phase of a project, provided development is occurring on private, 24 unsubdivided property; or if performance security has been previously provided to the City under the requirements of another section of this Policy. However, performance security shall be required on all projects during the guarantee or warranty period as described in this Policy. The types of performance security acceptable under this Policy shall be a performance bond, escrow agreement, cash bond (not to exceed $5,000.00) or an irrevocable letter of credit. No other form of security will be accepted, unless a waiver of the requirements in this Policy is granted by the City Commission. All surety companies associated with a performance bond shall hold a current Certificate of Authority, as issued by the United States Treasury Department. Each attorney-in-fact who signs a performance bond must file with the bond a certified copy of his/her power of attorney certificate. The bond must either be signed or countersigned by the Developer's registered agent in the State of Florida. The surety shall be directly responsible to the City, should the bond have to be utilized to complete any repairs or work on the project. The issuer of any letter of credit shall be a federally insured and regulated savings and loan association or commercial bank authorized to do and doing business in the State of Florida. Any letter of credit must be irrevocable and address both the construction and maintenance obligations of the Developer in a form acceptable to the City Attorney. The City shall be entitled to draw on the letter of credit: (1) if the Developer has failed to construct or maintain the subject water and sewer improvements; or (2) if the letter of credit is scheduled to expire prior to final inspection, as described in section 9.03 of this Policy, and within three (3) business days prior to the date of expiration, alternative performance security has not been provided and accepted in accordance with this Policy. Prior to release of any performance security, a final inspection of the subject water and sewer facilities shall be conducted. All construction and maintenance obligations covered by any performance security shall be guaranteed and maintained by the Developer until completion of a satisfactory final inspection as described in section 9.03 below. Whenever practicable, the engineer of record shall notify the City, in writing, approximately thirty (30) days prior to the completion of the one-year period after facilities' acceptance by the City to schedule the final inspection. The final inspection shall be conducted by the representatives of the City, the engineer,the contractor, and the Developer. The performance security shall remain at all times in full force and effect until.the City provides written notification that the final inspection has been satisfactorily completed. Upon such written notification, the City shall return and release the performance security to the engineer or the Developer's registered agent. Section 8. OBSERVATION OF CONSTRUCTION 8.01 General The installation of all water and sewer facilities and connections to the existing utility facilities within the City service area shall be observed by qualified professional and technical personnel. Construction observation is required to ensure that the facilities accepted by the City have been installed according to the requirements of the construction drawings and technical 25 specifications. Construction observation is further necessary to ensure that the City will be receiving utility facilities which shall require minimum expenditures for operation and maintenance. 8.02 Observation of Construction - Requirements All water and sewer construction to be performed shall have on-site construction observation by a registered professional engineer licensed to practice in the State of Florida or a designated technical representative under the engineer's direction. Construction observation shall be in conformance with Florida regulations. The engineer certifying completion of a new sewage collection/transmission system or water distribution system or modification of an existing system, shall make a certification based upon on-site observation of construction (scheduled and conducted by the engineer or by a project representative under his or her direct supervision) for the purpose of determining if the work proceeded in compliance with plans and specifications. By certifying construction compliance with the construction documents approved by the City, the engineer is verifying to the City that the water and sewer facilities have been constructed in compliance with the record drawings required for submission by this Policy. Any discrepancies between the data submitted on the record drawings and the actual constructed water and sewer facilities, which are documented by the City during the preliminary inspection, shall be resolved to the satisfaction of the City before the facilities can be conveyed to the City and placed into service. 8.03 Construction Scheduling Upon approval by the City of the project Construction Documents and prior to the commencement of construction, a pre-construction meeting shall be conducted. The pre- construction meeting shall be attended by representatives of the City, the engineer, the contractor and the Developer. At the pre-construction meeting, a schedule of construction shall be provided to the City representatives. At least 48 hours' written notice shall be provided to the City for scheduling the pre-construction meeting with the City. Should any utilities construction commence on a project prior to the pre-construction meeting being held, the City shall have the right to require partial or full exposure of all completed work for verification that it was installed in accordance with the approved Construction Documents. All water and sewer facilities construction in roadway areas, including pressure testing and sewer lamping, shall be completed in accordance with the approved plans and specifications prior to proceeding with the stabilization of the roadway subgrade. Installation of improvements which would complicate corrective work on the water and sewer facilities shall be considered in scheduling all adjoining or related phases of the construction. The City shall be notified within 24 hours, with written follow-up, of any problems and conflicts with the construction improvements as they affect the completion of the proposed facilities in full compliance with the approved plans and specifications. Failure to comply with this regulation will constitute just cause for the issuance of a stop work order by the City, and the uncovering for visual inspection and direct access of the work involved. 26 All segments of the underground facilities shall be completed, tested, and found to be in conformance with the approved Construction Documents prior to the installation of pavement. A letter from the engineer shall be submitted to the City certifying that the lamping of the sanitary sewage collection system, pressure testing, and televising of sewage transmission and water distribution systems has been completed prior to installation of pavement and conflict construction within the project. Any damage caused by the reinstallation of pavement or any other surface improvements shall be corrected by the Developer at his or her expense. 8.04 Construction Inspections by City Upon issuance of construction document approval by the City, the engineer will be provided with a list of standard inspections which require the presence of a City inspector. Notification on inspections shall be contained in the City's approval letter for the project. Based on the scheduling and progress of construction, the engineer or contractor shall be responsible to notify the City prior to the time these inspections are required. Notification shall be in writing and provide at least 96 hours lead-time from receipt of notification to allow scheduling of an inspector. Verbal confirmation of inspection time or a request for rescheduling will be made by the City for each notification made. From time to time, the City will inspect the progress of construction. Should'special inspections be required by the City, they will be coordinated through the engineer to ensure that the engineer or his or her designee will be available on-site during the inspection. Routine City inspections will be carried out without notice on all water and sewer construction, to ensure compliance with the approved construction documents. During the on- site inspection process, should the City inspector find construction in progress which does not comply with the procedures and policies contained in this Policy and the approved construction documents, the City inspector shall have the full authority to issue a stop work order, after consultation with and approval by the Director. If a stop work order is issued, it shall remain in full effect, with respect to the applicable work, until such time as the documented discrepancies have been corrected to the full satisfaction of the inspector. 8.05 Design Modification Any deviations from the approved construction drawings are to be cleared through the engineer of record and approved by the City. Initial contact with the City shall be made as soon as possible after discovery of the need for the deviation. If necessary, a detailed description of the proposed deviations or requested design modifications, the reasons for the deviations or modifications and revised construction drawings must be submitted to the City for approval. Written approval, when specifically required by the City, for the deviations or modifications must be issued by the City before construction of those items may commence. The Construction Document Modification fee addressed in section 7.10 must be submitted, upon written notification by the City of the amount due, prior to the approval of the modifications by the City. 27 Section 9. UTIL,ITIES CONVEYANCE PROCEDURES 9.01 Policies Governing Utilities Conveyance This section has been established to set the standards for conveyance of utility facilities. This section shall be enforced for all utility facilities to be accepted by the City for ownership, operation, and maintenance lying within the City's service area. 9.02 General Water and sewer facilities constructed under the policies, procedures, and guidelines established in this Policy shall be conveyed to the City. The Developer shall execute a conveyance agreement in a form that is acceptable to the City Attorney, which details the timing of all conveyances. Such agreement shall be approved by the City Commission prior to issuance of a building permit. The remainder of this section describes the policies, procedures, and data required to obtain approval and acceptance of utility facilities to be constructed. 9.03 Inspection The City requires a preliminary and final inspection of all utility facilities constructed. A preliminary inspection of the completed facilities is required prior to acceptance of the facilities by the City. During this inspection, the utilities will be checked for compliance with the approved Construction Drawings. In addition, revisions or deviations from the approved construction drawings shall be identified and explained in writing by the engineer of record. All facilities must be in full compliance with the approved record drawings prior to submission of the project to the City. The final inspection shall be conducted no earlier than (1) year after acceptance of the utility facilities by the City. During this inspection, the facilities will be examined for any defect in materials and workmanship and for physical and operational compliance with the approved record drawings. The performance security submitted by the Developer shall remain in effect until the final inspection has been satisfactorily completed and the Developer is so notified in writing. 9.04 Legal Documents All legal documents, including, but not limited to, deeds, bills of sale, affidavits, easements, sewer and water facilities agreements, sewer and water facilities leases, subordinations by lienholders or mortgages, irrevocable standby letters of credit, and performance securities, shall be in forms acceptable to the City Attorney. (1) Required Supporting Title Information At Time Of Acceptance: At the time legal documentation for the conveyance of utility facilities is submitted for approval and acceptance by the City, the Developer shall, at no expense to the City, provide a sworn statement from a licensed attorney authorized to practice law in the State of Florida, as an inducement to the City to accept the subject utility facilities and easements. The statement must 28 be signed and dated no more than sixty (60) days prior to submittal of the legal documentation and must contain the following: (a) A reference to the utility facilities to be conveyed; a legal description of the lands in or upon which the subject utilities are located; and if applicable, a legal description of any lands over or through which a utility easement is being granted to the City; (b) A statement that the affiant is a licensed attorney authorized to practice law in the State of Florida; (c) A statement that the affiant has examined the title to both the real and personal property referenced in the statement, including, but not limited to, information obtained from the Florida Secretary of State relative to UCC-1 Financing Statements; (d) A statement identifying the exact name of the person or entity who or which is the record owner of the real and personal property described in the affidavit. The affiant shall specifically identify the instrument of conveyance, citing the Official Records Book and Page Number, where the record owner obtained title to the subject real property. The affiant shall incorporate by reference and attach a copy of the instrument of conveyance to the affidavit. If the record owner is an individual, the affiant must state the marital status represented to the affiant by the individual and, if married, state whether or not the individual has represented the subject real property as homestead property. If the record owner is an entity, the affiant must indicate that he or she has examined the corporate, partnership, or other applicable entity information obtained from the state or jurisdiction under which the entity was created and presently operates, that the entity is current and active within that state or jurisdiction, that the entity is currently able to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property. If the record owner is a trustee, the affiant must state that the trustee has full power and authority to execute the subject instruments of conveyance and, if applicable, incorporate by reference and attach supporting documentation; (e) A statement as to whether the subject real and personal property is encumbered of record, or is the subject of any financing statements filed in the Official Records of Broward County, or the Office of the Secretary of State. If applicable, the affiant shall specifically describe each lien encumbrance or financing statement, citing appropriate recording information, and the affiant shall attach and incorporate by reference a copy of each lien, encumbrance, or financing statement; and (f) A statement that the information contained in the affidavit is true, correct, and current to within thirty (30) days of the date the affidavit is signed and that 29 the affidavit is given as an inducement to the City to accept the subject utility facilities and easements. (2) Final Title Report Required Prior to Final Inspection. Within sixty (60) days of recordation of utility facility documentation accepted by the City in the public records of Broward County, the Developer shall, at no expense to the City, provide a sworn statement from a licensed attorney authorized to practice law in the State of Florida as an inducement to the City to conduct the final inspection as required by this Policy. Such statement must indicate that clear and unencumbered record title to the subject utility facilities and appurtenant utility easement interests described in the recorded documentation is vested in the City Commission, and must contain the following: (a) A reference to the utility facilities conveyed together with attached copies of any recorded instruments evidencing conveyance or grant of the subject utility facilities or easements; a description of the lands in or upon which the subject facilities are located; if applicable, a description of any lands over or through which a utility easement was granted to the City; (b) A statement that the affiant is a licensed attorney authorized to practice law in the State of Florida; (c) A statement that the affiant has examined the title to both the real and personal property referenced in the statement, including, but not limited to, information obtained from the Florida Secretary of State relative to UCC-1 Financing Statements; (d) A statement that the interest of the City in the subject utility facilities and appurtenant utility easement interests is not encumbered of record, nor is it the subject of any financing statements filed in the official records of Broward County, or the Office of the Secretary of State; (e) A statement that the information contained in the affidavit is true, correct, and current through the last date of recordation of the documents conveying or granting the subject utility facilities and appurtenant easement interests and that the affidavit is given as an inducement to conduct the final inspection required by this section. (3) The final inspection as required by this section shall not be complete until such time as a satisfactory final report as identified in this Policy is provided to the City. 9.05 Record Drawings The record drawings submitted by the engineer shall correctly describe the constructed configuration of the utility facilities being conveyed. All revisions or changes to the originally 30 approved Construction Drawings shall be identified and illustrated on the record drawings. The following items shall be accurately depicted on the record drawings: (1) Sewer System inverts, pipe slopes, manhole rim elevations, and run lengths. A negative ten percent (-10%) sewer slope deviation from design slope is considered a substantial deviation and will not be accepted; (2) Sewer lateral locations stationed from the nearest downstream manhole; (3) Sewer main stub extension inverts at both ends, pipe slope, run length, and location; (4) Tie-ins and stationing location to all gate valves, air release assemblies, fire hydrants, manholes, blow-offs, or other appurtenances; (5) Location and dimensional ties to lift station electrical services and transformers; and (6) All record drawings of utility systems that are not being conveyed to the City for ownership, operation, and maintenance shall bear a prominently displayed disclaimer, in bold lettering at least 1/4 inch high, stating: "The on-site sanitary sewer (or water) facilities are to be owned and maintained by the project Developer or its successors in interest, such as the master condominium or homeowners' association." When water or sewer facilities are being conveyed, five (5) sets of record drawings for the facilities constructed shall be submitted, along with one set of reproducible mylar originals. All record drawings must be labeled as such on each sheet, indicating which entity provided the record data, and signed and sealed by the engineer of record. 9.06 Bacterial Analysis Bacterial analyses pursuant to the requirements of the BCPHU regulations are required for all potable water transmission and distribution facilities constructed. Bacteriological samples for new water facilities construction shall be performed during or prior to acceptance of the facilities by the City. In no case shall such tests occur more than 15 days prior to acceptance. All such analyses shall be conducted at no cost to the City. Water facilities shall be considered for acceptance by the City prior to BCPHU final approval of the water facilities. However, meter installations and the Certificates of Occupancy will not be processed until satisfactory bacterial test results are submitted and the BCPHU placement in service approval is received. To insure that samples collected meet the submission time constraints, sampling should be done as close as possible to the date of the utilities conveyance. The Developer shall be responsible for coordinating all aspects for the submission of all necessary test results and State approvals for placement in service of the water facilities. 31 9.07 Final Costs The Developer or engineer of record shall submit a detailed schedule of the materials utilized for the utility construction. This schedule shall include the type of items, quantities utilized, unit cost (materials plus installation), and total cost for each individual item utilized in the water and sewer facilities constructed. The total cost of all items utilized for the water and sewer facilities shall be clearly shown on the schedule. 9.08 Test Results All test data (i.e., pressure, inflow and infiltration, fire flow capacity, etc.), required for submission with the conveyance documents shall be certified by an engineer licensed to practice in the State of Florida. Certification shall bear the raised seal and original signature of the engineer. Each certification shall contain computations illustrating the allowable limits for each test based on current accepted test standards and the actual field test data obtained. Leakage within water systems and sewage force main systems shall comply with AWWA Standards. Sewer system infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day for all types of pipe. 9.09 Lift Station Manuals and Tools Operation and maintenance manuals and the manufacturer's recommended spare parts lists shall be provided for all electrical and mechanical equipment associated with water and sewage transfer or regulating systems. The City shall be supplied with two (2) sets of the above manuals. Such manuals shall be turned over to the Director at the time of submission of the conveyance documents. The manuals shall also contain a copy of the manufacturer's start-up report for each facility. Included with these items shall be a written verification from the electrical contractor for the lift station verifying the wire type and sizing for the electric service and verifying that the voltage drop across the service under full load startup will not exceed five percent (5%) of the power company's line voltage at the transformer supplying the station. All tools, such as access cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of the facilities shall also be submitted with the documents. 9.10 Recordation Fees The Developer of a project will be responsible for the payment of all recordation fees associated with the utility conveyance procedures. The City shall invoice and the Developer shall remit the total amount of the recording fees associated with recording the conveyance documents prior to the final acceptance of the required legal documents. 32 .�1,!, 2,15 n -�- MA City of Dania Beach B a°' Department of Public Services ENGINEERING DIVISION .,.,... H..,,......� v , , 100 West Dania Beach Blvd•Dania Beach, FL 33004 •(954)924-3741 (954)-923-1109(fax) TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Tom Ansbro, City Attorney VIA: Patti Varney, Director of Finance VIA: Dominic F. Orlando, P.E. Director of Public Services Date: January 29, 2007 RE: Recommendation to Approve Water and Sewer Extension Policy Introduction and Background A public utility system is generally created to: (1) develop safe, reliable, and financially self- supporting potable water and sanitary sewage systems to meet the water and sewerage needs of the areas served by the utility; (2) ensure that existing and future utility systems are constructed, operated, and managed at the least possible cost to the users without outside subsidies; and (3) develop a system that is compatible with the area's future growth. To achieve these goals, a utility system must construct new pipelines, pump stations, and other infrastructure to accommodate growth, as well as to improve existing service or to replace infrastructure that has reached the end of its useful economic and physical life. To this end, it will always be necessary to construct and develop safe and reliable water and sewer facilities in accordance with the latest technical and professional standards in order to protect the health, safety, and welfare of the citizens served now or in the future. In older communities, there may be existing infrastructure that is no longer economical to operate or repair because such infrastructure has deteriorated to a point where replacement is a better option than repairs. In addition, such infrastructure may no longer serve its intended purpose or meet W&S Extension policy 1/26/07 Pagel City of Dania beach Department of Public Services ENGINEERING DIVISION .......... ..,., . 100 West Dania Beach Blvd•Dania Beach, FL 33004 •(954)924-3741 (954)-923-1109(fax) regulatory standards. Given that many older communities have not maintained systems adequately due to funding limitations and other factors, the future will bring many such replacement projects. Prudent planning will allow coordination of efforts for repair and replacement with growth that will continue to occur (often in older communities as redevelopment). This infrastructure can be provided via developer construction, assessment districts, or by general utility system improvements coordinated by utility staff and the utility's consultants. The utility can control its own projects, but must establish a set of standards and procedures to assure that the project constructed by others will meet the same standards. The basic tenets of a water and sewer extension policy are fairness, consistency in application, legal sufficiency, and the proper allocation of costs for improvements so those who receive benefits from the improvements pay for them. A properly designed policy establishes a set of standards, procedures, and policies regarding the extension of water distribution and sewer collection lines into previously unserved areas of the utility's service area, or to areas currently served inadequately for existing or proposed development. The objective of these standards and procedures is to facilitate the development of water and sanitary sewer systems, which have been designed and constructed in accordance with the latest technical and professional standards of the water and sewer industry, to meet the mandates of the utility to provide for water and sewer services to the residents of the utility's service area. The water and sewer extension policy establishes the minimum utility requirements for development of water transmission and distribution facilities, and wastewater collection and transmission facilities within the area served by the utility. To this end, the goals and objectives of a water and sewer extension policy are as follows: a) To develop a comprehensive set of policies for dealing with water and sewer extension requests; b) To develop policies for dealing with financing questions; c) To provide a basis for orderly growth; d) To assure that water and sewer extension projects meet the design and specification standards of the utility; e) To control extensions of the current water and sewer systems for the prevention of hardships to current customers due to extensions caused by inadequate planning for future growth demands; f) To provide a wastewater treatment system that is designed to treat and dispose of sewage in a safe and sanitary means, without the contamination of the groundwater supply or the threat of health hazards in populated areas; W&S Extension policy 1/26/07 Page 2 AM!"MI'd Al HI DI ,s City of Dania Beach �v �ax Department of Public Services ENGINEERING DIVISION 100 West Dania Beach Blvd• Dania Beach,FL 33004 • (954)924-3741 • (954)-923-1109(fax) g) To be based on the premise that the water and sewer systems should substantially pay for themselves through user fees paid by the developers and citizens obtaining the service; and h) That the monies spent on and additions made to the system should be judiciously used to enhance the well-being of all of the residents. This water and sewer policy has been developed and tailored to meet the needs of the City. The purpose of this policy is to ensure that in the long-term, reliable and economical utility service can be provided to the users of the City's water and sewer systems. To meet the goals of a properly constructed extension policy, the following issues are addressed: a) Connection requirements and approvals; b) Funding of the improvements, regardless of whether the improvements are constructed by developers, via assessment districts or by the City, and any pass through costs and cost allocation methodologies inherent in them; c) Submittal requirements for plans and specifications for the improvements, and the standards for preparation of them; d) Technical specifications, meeting minimum requirements for proper maintenance, but providing for flexibility to the utility to alter the specification based on technological advancements and maintenance records; e) Required permits and fees; f) Performance guarantees to assure that the facilities will be constructed where development is dependent on receiving the benefit of the proposed facilities; g) Requirements for observation/inspection of the facilities by the utility system and the developer's engineer; h) Delineation of the ownership and operation of constructed facilities; i) Limitations and requirements for acceptance of the facilities by the utility; j) Utility conveyance and acceptance procedures k) Coordination with the City's land development regulations; and 1) Timing of each of these items in conjunction with new development, building permit issuance, and occupancy. Recommendation It is recommended that the City Commission approve the water and sewer extension policy. W&S Extension policy 1/26/07 Page 3 a CITY OF DA IA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 3 sr SM yam, R�egaestedjActwn' (Idenfityappropnate Action or Motion)' , .. To authorize Elan Lawn & Landscape, Inc. to perform removals of exotic trees at Dania Cove Park. 31 * _ �ti v h 3 , �Wh 'Action is Necessary �k� 4,g. . Total cost exceeds$15,000 What Action Accomplish »..w� a y3y .....3�^,,.'.i ',e'i�. L,k',as<:r.,. _: t3........ ...�tt-,... .,_. �, .... .__ ... .z.. ._._. , 3.M..... .. «. Compliance with City's purchasing policy i,n....g, Rquests r Puchas e .... 44 r.. Dept: 7201 Recreation Administration Acct#: Amt: $91,150.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑X Capital: °�� S��frnary xpfan'at�on/Background ' m x r Please see staff memo F�scaltmpact%Cost Summa"ry �?�� e ,• S`+` � Y rf3f � �3�� ,�. f �3�y 41 $91,150 �� ExhibitsAttached �y �W. .,..,„ .m.�„a. ..w_.. ._�_... :.� .9"P"vT,.. „1 ..,k ...Ln.Gr. .,,Ww::w,.,. (. „u< Resolution Staff Memo Summary of Quotes for total cost Quotes for remaining services Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 )at Doci Authorized S' turess�, alb Submitted by Patricia Varney Date 01/30/07 Department Director Date Assistant City Manager Colin Donnelly Date 01/30/07 HR Director Date Finance Director Patricia Varney Date 01/30/07 City Attorney Thomas J. Ansbro Date 01/30/07 City Manager Ivan Pato Date 01/30/07 sn Ial lgzz" a a � { kCaty Clerk Use r. _,. r � i Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH ELAN LAWN AND LANDSCAPE SERVICES IN AN AMOUNT NOT TO EXCEED $91,150.00 FOR EXOTIC VEGETATION REMOVAL AT SITE 449 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to perform exotic tree removal as per an interlocal agreement existing between Broward County and the City of Dania Beach, executed in January 2004; and WHEREAS, the City Manager has determined that such services can be obtained at a competitive price and quality work can be expected from Elan Lawn and Landscape Services, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed $91,150.00 to Elan Lawn and Landscape Services, Inc. for fiscal year 2006-2007. 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 retroactive to October 1, 2006. PASSED and ADOPTED on ) 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-030 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato, City Manager Memo: DF-07-09 FROM: Patricia Varney, Director of Finance DATE: January 30, 2007 SUBJECT: Dania Cove Exotic Tree Removal In July 2005, the City has entered into a local agreement with Broward County to remove invasive and exotic plant at Dania Cover(formerly known as Fuzzy Bunny Park). It has come to my attention recently that City's staff has instructed Patty Hoot-McLeod, the City's Landscape consultant to engage vendor without Commission's approval to perform such service. As of December 31, 2006 $38,750 in cost has been incurred with Elan Landscape, Inc. Ms. McLeod did provided quotes she obtained for those services, and Elan Landscape Inc. did provide the lowest quotes. When it was brought to my attention last week, all work has been stopped pending on Commission approval. This project should be completed by December 2006. However, due to the hurricane seasons in 2005, it was difficult to engage vendor to perform such service. Broward County has agreed to extend the deadline of the project and that the City should have this completed as soon as possible. There is still a remaining of approximately 120 Australian Pines to be removed. Ms. McLeod has provided with 3 quotes of which it was attached. The lowest quote provided is with Elan Landscape, Inc. in the amount of$52,400. 1 also provided a breakdown of the total costs from the three companies. Since the majority of the service is already provided and that a deadline is approaching, I am recommending that the Commission award such service to Elan Landscape, Inc. without competitive bidding process and retroactive such award to October 1, 2006. The funding of this project will be derived from the grant fund and the capital projects fund. Elan Lawn & K& R Tree United Tree Landscape Service Service Runaway Growers Services already performed Removal Exotic less than 8" $11,000 $17,000 $19,000 Removal Exotic 12-30" $14,500 $29,000 $25,500 Removal Exotic 30-50" $19,500 $25,500 $25,500 Services to be completed Removal of 120 exotic $52,400 $75,200 $95,000 ELAN Lawn and Landscape Services,Inc. 2301 NW 102nd Way PROPOSAL Pembroke Pines,FL 33026 Date Estimate# Name/Address City of Dania Beach 1/23/2007 11598 100 West Dania Bch. Blvd Dania Beach,FL 33004 Project Dania Cove Item Description City Rate Specifications Total SCOPE OF WORK: COMPLETE EXOTIC TREE REMOVALS FOR THE PROJECT KNOWN AS DANIA COVE,THROUGH THE USE OF BACKHOES,CHIPPERS,CRANES, AND CHAIN SAWS. ALL TREES ARE TO BE STUMP GROUNDED AND ALL WORK APPROVED BY A LICENSED ARBORIST AND PREFORMED UNDER OSHA SAFETY STANDARDS. PHASE 3 landscape Located on the west side of the property.Remove and 1 14,300.00 50-60'oa ht 14,300.00 stump grind all trees from the site,this includes 36"+caliper approximately 20-30 Australian Pines PHASE 4 landscape Located on the east side of the waterway site. Remove 1 38,100.00 50'oa ht 38,100.00 and stump grind all trees from the site,this includes 10"48"cal approximately 75-80 Australian Pines over waterway and homes Please call with any questions. $52,400.00 Phone# Fax# Submitted B s e Accepted By: 954-297-9085 954-431-0732 Mor t •�j` a �Zk i�� '�"" � s� `� y xry la a t7 z +" / z^- ✓z °`� \ x z sa � S'.,*� �root 1a�� �� �'� -- .� �,' _ t '� _ rod` i � � '�'`' ''� •y' `a s a "'�1 r s•�3' � + L MWER ZPR WY .spa v� ta±s I O�"- .:,k ,• ":r z a 'i- "�'y� � �':,, jy % x +tali y� 2P C Y 1 7 S Y at k� y e a{S ilk w "ton"', P e y �� luk �.�C,��:_.. ��� ��+a �6 � r I� �:c �; � �` r .� s�, �..z� z � ."z�� � '$��� �`� .>Y' 3' :.xi r / 3 {'�a �fah¢ •�, � `�� � dan ; "y 4#m` 9 1 E i•&/ S'E, .� 4 i v;a� "r dE €3 Z `1°� �'.,s�'*,.r R s' �` ,¢ � . s•�*�z „N'y,. { :z a;' f x € ,:zn - f { apvtIlv7LVcgr ' "• z=-'ybjf.(?:a�� ,�a��..• � a 3 s w� y�Z}� � a s ��y g} 592 OthiJ $A ��L � Y ¢ t,ko wg pyo}© f✓ 34 S:i { :l'^. ✓ �z i.. ?.�"f Tw ' rs� 5_ f k,�d> +�,., M ki ��[� ���.jf�°'w1�" & ."�� V�T��^�� � ��y"+.� �� .i ��_ G� ,�' 6rw� �� >��.. � � �•kY t3��� �� f -: '>3 4 Y ^; .Y i ,z" ,�& ,k¢ � '9 :�v st , --1 a r '+' '•'i^ fi �. _09, a• �• ax a �' i s �"7 Y*�,'. �. 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Ya`'. �gy,,,�a s ',Yt`� _� �-::����. j s�. �. �� Y � z,� �� a'�^v_$� 1 ��� 3�y.., � � �� f✓,� .'� �'? i 3<: Z �, rlaY �.r �¢.\a. :�^.. ,� �¢ �`� °� �''. a i � a.?.<� -`r `k �•�a +u��k'� „�n�dw,.w �a�.T,i« �^ � ur Bi% t•i i _ r y� �R + 7 1 1 r =t"� .�w��,w �,�_�=1� _...z. ..-..t.�.°;:,..a. e t�.., s?��a-,`"�� a •ram "t;K iz `�, .� �=ter =.,ate_ ' � i_,fi„: �!s; �;•�s�%..,k •��',' Awl 1 { I a i .4 Xrx !l -- i ��a�. ♦i.r� C fid sir` I a " ¢ 1ffis } z4 E I i �t,� +L•. w.st e. ,em=`_.r. w�u..&.Nar s&wso��z..aef,ds�....>_ .cv..rx,.E«;+"�Jni ..x+n r�§.. a,$ew4...:r�,wl HJ �...L9� i 1 •-,:: I_ ,.,"f �:r. e,", b. 77777� .-1 i LII ..:, ; a 1 n e r •11 a' 77717 ' ti r .... rr e�.. ..r,: .., p.,• , r ,..: ,:.a- 1 yr rr.F. Ali •�: ,� t n rxba �r INENt"'�i�MoN,3e�'i I i I i i i i i t,�i=j IT m �'� �.� STs% �c,.`t'� � �� � r •'*,�"r_"',� w'.,�"-7.�`°2 ", s��` �' x.�'G r ..�t.,a._ tcr� au.�;�" ... '.; •�',Sw..<a...,,�..:..rt�,vaA `&4&�:`�F r t [ r -x .a.�r•..• r i • a. 2 „xrr: rr• .mn .-.t-x, nc:lr_�, .'1.::.i '. 5 ^.f r,e .:,s;ar.r Mn ,. 1 a. e .N�. •._�� _-,. -.,.�,. •t,r..o.- �4.41}^a,. tr.n = m �.. n1 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested ACttOn �(Idenfitykappropnate Action or_Motion) Adopt Resolution allowing Kimley-Horn to provide engineering services. t1 0n IS To allow this Department to move forward on requested items under the GO Bond's Neighborhood Improvement plan. j� What Act�o�Accomplishes �� � � � �� Traffic calming at intersection of Dixie Highway and SW 2nd Avenue. ' § d t Purcastng RequestONLY �� :. :. 'd Dept: 4101 Public Services Streets Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: Summary ExplanationlBackgraund IF ..,ate>. .,,3� z K See memo TOP S Ff ca�I $20,000 rim' 3 �. W�y lExhib Attached r 3 � � „ ,. _. .,...,., Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 d33 3 a3: 3 ��•�, Y3n 3 ^?� ( £ AuthorizedS�gnatures` � s Submitted by Leo Williams Date 01/30/07 Department Director Dominic Orlando Date 01/30/07 HR Director Date Finance Director R Patricia Varney Date 01/30/07 City Attorney Thomas J. Ansbro Date 01/31/07 City Manager Ivan Pato Date 01/31/07 CityClerk Use ....6�_. .,, . Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $20,000.00 FOR DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF DIXIE HIGHWAY AND SW 2ND AVENUE; AUTHORIZING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the attached Work Authorization was requested from Kimley-Horn and Associates for the design of a roundabout for the intersection of Dixie Highway and SW 2nd Avenue in Dania Beach; and WHEREAS, the intent of the roundabout is to slow traffic on SW 2nd Avenue as well as on Dixie Highway; and WHEREAS, this is a project requested from the neighborhood and the residents have indicated willingness to contribute easements if needed; and WHEREAS, the City solicited a proposal from Kimley Horn and Associates to complete the roundabout design at a cost not to exceed $20,000.00; and WHEREAS, the attached Work Authorization is for engineering design services as outlined in the detailed Scope of Work as attached in Exhibit "A" for services for the roundabout; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That City Commission approves a work authorization for Kimley-Horn and Associates to design a roundabout at the intersection of Dixie Highway and SW 2nd Avenue, at a cost not to exceed $20,000.00; provided, however, that no contract will become effective unless and until City officials complete execution of it. Section 3. That funding for the contract shall be derived from the Neighborhood Improvement General Obligation Bond fund. Section 4. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the agreement. Section 5. That all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. Section 6. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 7. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-031 . M µ City of Dania Beach S a Department of Public Services ENGINEERING DIVISION 100 West Dania Beach Blvd•Dania Beach, FL 33004 • (954)924-3741 (954)-923-1109(fax) TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: January 29, 2007 RE: Recommendation to Award Work Order to Kimley-Horn and Associates for Design Services to provide a Roundabout at SW 2nd Avenue and Dixie Highway Introduction and Background The attached Work Authorization was requested from Kimley Horn and Associates for the design of a roundabout for the intersection of Dixie Highway and SW 2nd Avenue in Dania Beach. The intent of the roundabout is to slow traffic on SW 2nd Avenue as well as on Dixie Highway. This is a requested project from the neighborhood and the residents have indicated willingness to contribute easements if needed. The attached Work Authorization is for engineering design services as outlined in the detailed Scope of Work as attached in Exhibit A hereto for services for the roundabout. The cost for the project is $20,000.00 Recommendation It is recommended that the City Commission award this work authorization to Kimely Horn and Associates, Inc. in the amount of $20,000.00. WWCIP—Approval of Work Auth KHA 1/26/07 Pagel AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on , 2007, between: the City of Dania Beach,Florida,a municipal corporation, (the"City") and Kimley-Horn and Associates, Inc. (the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit"A", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties,however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1,an agreed upon lump sum amount of Twenty Thousand Dollars($20,000.00) (the"Fee"). The Fee includes full payment,including all labor,overhead and other costs.No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, and approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "A", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant shall indemnify and hold harmless City,its officers,employees and agents (collectively, the "City"), from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney fees,to the extent caused by the negligence,recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved,and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida law applicable to indemnification. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. Page 2 of 8 E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). ` F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Joliette Woodson, P.E., one of Consultant's associates, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual,the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may,at its discretion,terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation,or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including,but not limited to,costs of acceleration, inefficiency or extended overhead,arising because of any other delay,disruption,interruption,interference or hindrance from any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for Page 3 of 8 reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant,thirty(30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be neittled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant(and Consultant's independent professional subcontractors or subconsultants)pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of Page 4of8 notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: John J. McWilliams, P.E. Kimley-Horn and Associates, Inc. 5200 NW 33`d Avenue, Suite 109 Ft. Lauderdale, FL 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys'.Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected,shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements Page 5 of 8 or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further,that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them,alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. Page 6of8 CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER IVAN PATO, CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J. ANSBRO DOMINIC ORLANDO, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 7 of 8 CONSULTANT: Signed, sealed and delivered Kimley-Horn and Associates, Inc. in the presence of: By: Witness Witness Print Name Title STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2007, by as of Kimley-Horn and Associates, Inc., a Florida corporation, on behalf of the corporation. He(She) is personally known me or has produced as identification and did (did not) take an oath. ' NOTARY PUBLIC, State of Florida My commission expires: Page 8 of 8 ® Kimley-Horn and Associates, Inc. m January 8, 2007 suite 109 5200 N.W.33rd Avenue Mr. Dominic F. Orlando, P.E. Ft.Lauderdale,Florida City of Dania Beach 33309 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Proposal for Professional Consulting Services Roundabout Dear Mr. Orlando: Kimley-Horn and Associates, inc., (hereinafter referred to as"Consultant","We" or"KHA"), is pleased to have the opportunity to submit this letter agreement for professional consulting services to the City of Dania Beach, (hereinafter referred to as "Client" or"City") to perform engineering services for the traffic calming project at the intersection of Dixie Highway and SW 2°d Avenue in the City of Dania Beach, Florida, in accordance with the terms and conditions set forth herein. Our project understanding, scope of services, and fees follow: PROJECT UNDERSTANDING We understand that the City desires to construct a roundabout at the intersection of Dixie Highway and SW 2❑d Avenue. Preliminary field investigations indicate that the existing right-of-way may not be adequate for the construction of a conventional roundabout. However, City staff has indicated that the affected property owners may be willing to provide additional easements to accommodate a roundabout design. If a conventional roundabout cannot be accommodated within the ultimate right-of-way/easement area,the City desires that an alternative traffic calming feature be designed and constructed. SCOPE OF SERVICES Task 1- Schematic Design KHA will obtain readily available aerials and record drawings from the City for the right-of-way at the intersection location. Based on the record drawing inforination, KHA will provide up to three(3) preliminary traffic calming concept sketches including the conventional roundabout design. KHA will attend one meeting with the City staff and one meeting where the adjacent property owners are invited to review the alternative sketches. Based upon these meetings, the City will direct KHA to prepare construction drawings for one (1)of the three (3) concepts presented. ■ TEL 954 535 5100 FAX 954 739 2247 Mr.Dominic Orlando,P.E,January 8,2007,Page 2 ®®® Kimley-Horn ® and Associates, Inc. Based upon the approved concept, KHA will define the limits for the right-of-way and ALTA survey requirements. It is our understanding that the City will obtain a right-of-way and ALTA survey for the intersection. This scope of services does not include a right-of-way or ALTA survey. Task 2-60% Plan Set We will develop a 60% plan set that will show the geometric layout over top of the survey. The Florida Department of Transportation's (FDOT) design standards as found in The Roadway and Traffic Design Standards will govern the standards of construction for the project. In general, the set of 60%plans may contain the following information: 2.1.1 Cover Sheet A cover sheet utilizing the standard City of Dania Beach cover sheet will be provided. 2.1.2 Survey Sheet 2.1.3 Typical Roadway Sections A typical section will be prepared, detailing the proposed work for mainline construction. 2.1.4 Horizontal Control Plan Sheet Horizontal alignments and geometric improvements will be detailed on the survey plan sheets. 2.1.5 Roadway Vertical Plan Sheet Proposed mainline and cross street vertical grades will be detailed on the survey plan sheet. 2.1.6 General Notes/SW3P Notes/Maintenance of Traffic Notes General notes defining the basis of design and construction requirements will be provided. Stormwater pollution prevention notes and maintenance of traffic notes will be included. 2.1.7 Existing Utilities Utility information, as obtained during survey data collection and the information provided by the respective utility owners will be added to the plans. 2.1.8 Signing and Pavement Marking Plan Signing and pavement marking plans will include signage required for traffic operations and safety. Any additional signs that would require structural design are considered additional services. 2.1.9 Xeriscape Plan and Details A Xeriscape layout will be provided. Mr.Dominic Orlando,P.r.,January 8,2007,Page 3 ®®® Kimley-Horn ® and Associates, Inc. 60% Plan set summary of estimated sheets: Cover Sheet 1 Survey Sheet 1 Typical Roadway Sections 1 Horizontal Control Plan Sheet 1 Vertical Control Plan Sheet 1 General Notes/SW3P Notes/MOT Notes 1 Signing and Pavement Marking Plan 1 Xeriscape Plan and Details 1 Approximate Number of Sheets 8 Ten (10) copies of the 60%plans set will be submitted to the City for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with City staff to review the 60%plan set. The purpose of the meeting will be to review the 60% plan set comments, discuss revisions and design decisions, and solicit additional comments from City staff concluding the meeting with an approved 60% Plan. It is anticipated that there will be data collection efforts to obtain the existing available information for the site. Such data collection may include utility locations and as-built information. Listed below are the agencies that we may be obtaining existing data in relationship to the proposed improvements: Broward County Environmental Protection Department Broward County Traffic Engineering Broward County Utilities Southern Bell Gas Company Cable Company City of Dania Beach Two(2) copies of the approved 60% plan set will be forwarded to each utility company known to operate in the vicinity of the project. Each utility company will be requested to return one set of redlined plans, identifying the horizontal and vertical location of their facilities, to the Engineer. The Engineer will log in each set of plans when returned by the utility companies. This information will be added to the plans. We will attend up to two(2)meetings with City staff and the utility companies to review the project and potential impacts to the utility owners. An Opinion of Probable Cost(OPC) organized by pay item according to FDOT standards and based on the preliminary plans will be provided at the completion of this task. The OPC will be based upon readily available information to the Consultant at the time of these services. The Consultant has no control over market fluctuations or construction costs and the OPC should be used for preliminary planning purposes only. 0:\jwood\01 04 07 orlando In.doc Mr.Dominic Orlando,P.G.,January 8,2007,Page 4 ®®® Kimley-Horn ® and Associates, Inc. Task 3—Construction Documents Based upon the approved Design Development alignment(60% plan set), the Consultant will proceed with construction documents for the project. The construction document set will include the following: 3.1.1 Cover Sheet A cover sheet utilizing the standard City cover sheet will be provided. 3.1.2 Survey Sheet 3.1.3 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for the roadway construction. It is anticipated that two typical sections will be required. 3.1.4 Horizontal Control Plan Sheet Horizontal alignments and geometric improvements will be detailed on the plan sheets. 3.1. Vertical Control Plan Sheet Proposed mainline and cross street vertical grades will be provided. 3.1.6 General Notes/SW3P Notes/Maintenance of Traffic Notes General notes defining the basis of design and construction requirements will be provided. Stormwater pollution prevention notes and maintenance of traffic notes will be included. 3.1.7 Signing and Pavement Marking Plan Proposed signing and pavement markings will be noted on these plan sheets. Details such as the sign types, pavement marking colors and widths, and locations of pavement marking removals will be identified and detailed. 3.1.8 Xeriscape Plan and Details A Xeriscape layout will be provided as outlined within the approved 30% submittal. 3.1.9 Miscellaneous Construction Details This sheet will provide construction details, which are not included in the Florida Department of Transportation Standard Indexes or Broward County Details. The Consultant will provide ten (10) copies of the construction document plan sets to the City for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with City to review the final design plans. Task 4 - Specifications It is intended that the Florida Department of Transportation technical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental Technical Specifications will be forwarded to the City for review and approval. 0:\jwood\01 04 07 orle do Itr.doc Mr.Dominic Orlando,P.G.,January 8,2007,Page 5 ®®® Kimley-Horn ® and Associates, Inc, Task 5 - Permit Submittals All permit fees will be paid directly by the City and are not included in the lump sum fees. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that the consultant will submit permit applications and supporting documentation for this phase of the improvements to the following agencies: 5.1.1 Broward County Environmental Protection Department 5.1.2 Broward County Traffic Engineering 5.1.3 City of Dania Beach Our coordination with Broward County Environmental Protection Department (DPEP) is limited to submitting plans for informational purposes. Therefore, any requirements from DPEP for permitting and water quality/quantity improvements or calculations will be treated as an additional service. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task l through 5. These services may include but are not limited to such items as the following: 1. Preparation of right of way acquisition sketches or descriptions 2. Surveying Services 3. Drainage Design 4. Traffic counts or undertaking other traffic related analysis 5. Hardscape design 6. Lighting design 7. Geotechnical Engineering S. Utility Relocations 9. Construction Phase Services COMPENSATION KHA will perform the services described in the Scope of Services for a lump sum fee of$20,000. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 25 days of the date of the invoice. 0:\jwood\01 04 07 orlamdo Itcdoc CM Kimley-Horn Mr.Dominic Orlando,P.E.,January 8,2007,Page G ® ® and Associates, Inc. CLOSURE to addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to The City of Dania Beach. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Sincerely, KM Y AND ASSOCIATES, INC. Russe I arnes, III, P.E. Joliette Woodson, P.E. Principal Project Manager Attachments: Standard Provisions City if Dania Beach, A Florida Municipality Corporation ATTEST: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR IVAN PATO CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE AND CORRECTNESS OF SERVICES" THOMAS J. ANSBRO DOMINIC F. ORLANDO, P.E. PUBLIC SERVICES DIR. Official Seal: O:\jwood\Ol 04 07 orlando Itr.doc �= CITY OF DA IA BEACH fJ Agenda Item # Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: it33 r 1Wto Raequested Acton (Idenfity appropruitax¢te,A[ctionorIVlotiorr) j 33ak jz<., ow .a: Approval of resolution amending architectural agreement dated April 20, 1999, between the city and Robert McDonald and Associates revising architectural and consulting costs relating to the construction of City of Dania Beach Public Safety Facility (Fire-Rescue Station 93). This is the second amendment to said agreement. R' 3aMe 3� �3� tom' Why Action is Necessary ,; ... ...f..._. v � 3 n is ,. w. �.. ... .. .... Original agreement and first amendment thereto did not encompass recent changes in architectural and consulting fees associated with testing and special inspector services required by the Florida Building Code through the County of Broward, together with additional civil engineering work required to be performed resulting from Broward County agency input. Surrey, and plat changes also resulted in additional civil engineering re-calculations and cost assessments necessary for processing Broward County applications. Moreover, initial work done in 1999 needed to be re-worked, updated, including site damage from Hurricane Wilma, and those costs were managed under the current agreement's"additional services", thus requiring additional funding for the completion of contractual "basic"A/E Services. Y J �Wha#Actipn Accompfisfes � �'' �' � z i This action provides the necessary funding for all architectural and civil engineering work still required to fully complete Station 93. Supporting this action allows for the project to remain on pace to begin full scale construction by mid year 07. x Pur chasing RegestsONI.Y� .�� . ,,.. � ' .....» 4 Dept: 2201 Fire Rescue Acct#: 301-2201-522.31-10 Amt: $97,286.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: a g SummaExpationtBackg tan round 13Y .: Robert McDonald and Associates, P.A. won the architectural bid and entered into a good faith contract with the city on April 20, 1999. City personnel attempted to move this project forward but were met with neighborhood concerns, resulting in a lack of city commission support for moving the project forward at that time. The city budget allowed funding for the projects initial architectural and civil engineering work to be performed; however, over the years, all related costs to that initial effort would have to be reallocated to redo design work. Additionally, significant efforts both architectural and civil needed to occur to appease Broward County Traffic Engineering and other Broward County oversight agencies. A major hurricane that notably changed the environmental conditions of the designated property, together with the inclusion of a BSO substation and attendant costs, have significantly changed the scope of services for this project. A referendum vote, passed by the electorate, approved a bond issue to cover this project which has facilitated the process with a targeted summer 2007, construction start date. This second amendment to the 1999 agreement covers costs associated with not only some of the foregoing items but additional costs relating to on-site engineering services as well as required roadway improvements all of which remain in line with current fees relating to comparable services. This resolution will approve the payment of updated charges upon the presentation of detailed statements submitted by Mr. McDonald. 'ANY,Ip3 ' F�sa Impac�Cost Summ dry „ '.� , �,,,, 'V..,, ,,6, „ An additional cost of$97,286 to cover all professional fees and fees for required improvements which will assure completion of this project. Funding will be derived from the General Obligation Bond. Exhibits h'ed .. .. .......��e✓ �3...: ... .,,. _,o ...ra. .,�, „.A. :�'�,„' _ 33�„.,.., d .,vi� Attach Resolution approving Second Amendment to City-Architect Services Agreement Between the City of Dania Beach and Robert McDonald and Associates, P.A. (Exh. 1) Second Amendment to agreement with Exhibit A attached (Exh. 2 and 3) Memo from Deputy Chief Cassano to Assistant City Manager Donnelly relating to this issue (Exh. 4) Schedule of invoices paid to Robert McDonald as of this date (Exh. 5) Memo from Robert McDonald setting forth optional and additional services due for this project(Exh.6) Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 a1W elk Kom x - t Authorized Signatures` , �. p Submitted by Christy Lee Blocker Date 01/31/07 Department Director Michael Cassano Date 01/31/07 Assistant City Manager Colin Donnelly Date 01/31/07 HR Director Date 01/31/07 Finance Director Patricia Varney Date 01/31/07 City Attorney Thomas J. Ansbro Date 01/31/07 City Manager Ivan Pato Date 01/31/07 , t � �� CityTO Clerk Use i��ia� �� a_ �, .. ., �,.E ..,_.., ' „�f .r ...,,. ua„ �_ Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND ROBERT MCDONALD AND ASSOCIATES, P.A., DATED APRIL 20, 1999, TO UPDATE ARCHITECTURAL AND CONSULTING COSTS RELATING TO CONSTRUCTION OF THE CITY OF DANIA BEACH PUBLIC SAFETY FACILITY (FIRE-RESCUE STATION 93), TO REFLECT ANTICIPATED AND REQUIRED SERVICES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the proper City officials are authorized to execute a second amendment to the Agreement existing between the City of Dania Beach and Robert McDonald and Associates, P.A., dated April 20, 1999; a copy of the details of the amendment is included in Exhibit "A", attached and incorporated into this Resolution by this reference. Funding will be derived from the General Obligation Bond. 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 passage and adoption. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY SECOND AMENDMENT TO CITY-ARCHITECT SERVICES AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ROBERT MCDONALD AND ASSOCIATES, P.A. THIS IS A SECOND AMENDMENT TO THE CITY-ARCHITECT SERVICES AGREEMENT ("Amendment") made on , 2007 between the CITY OF DANIA BEACH ("City"), a Florida municipal corporation, and ROBERT MCDONALD AND ASSOCIATES, P.A. ("Architect"), a professional association organized and existing under the laws of the State of Florida. WHEREAS, City and Architect entered into an Agreement on April 20, 1999, in connection with plans to be developed for City Fire Station No. 93; and WHEREAS, plans originally developed for the construction needed to be revised and updated, due to the passage of time and changes in the scope of the project and were approved and embodied in an Amendment to the Agreement dated April 25, 2006; and WHEREAS, it is now necessary to further amend the Agreement to include new anticipated and required services; NOW, THEREFORE, in consideration of the mutual promises contained in this Amendment and other good and valuable consideration, the receipt and adequacy of which are acknowledged and agreed upon, the parties agree as follows: 1. Recitals: The foregoing recitals are true and correct and they are incorporated into this Agreement. 2. Attached to this Amendment and incorporated by reference into it is an April 19, 2006 document as amended and dated February 14, 2007, entitled "Scope of Services and Professional Fees: Amended February 14, 2007", consisting of three pages, which is incorporated into this Amendment by this reference. 3. Except as specifically provided in this Amendment, all other terms and conditions of the Agreement as first amended by the April 26, 2006 Amendment, remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have signed this Amendment to Agreement effective on the date first written above. CITY: ATTEST: CITY OF DANIA BEACH, a Florida Municipal Corporation LOUISE STILSON, CMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: IVAN PATO, CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY ROBERT MCDONALD AND ASSOCIATES, P.A. By: (CORPORATE SEAL) Signature Print Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on 2007, by as of Robert McDonald and Associates, P.A., on behalf of the corporation. He is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: 2 PUBLIC SAFETY FACILITY #93 CITY C)FOAN|ABEACH, FL APR|L1S. 2OO8 SCOPE OF SERVICES AND PROFESSIONAL FEES: AMEWDED FEBRUARY 14'". 2007 SUMMARY OF CHANGES REFLECTING A REQUIRED UPDATE IN CONSTRUCTION COST AND PROFESSIONAL FEES FROM ORIGINAL AGREEMENT DATED MARCH 3. 1OOO. Note: Green fPremend stands for Vmmomndmmnt approved on April 1S. 208& OnumQe stands for 2"oamneodmm�na wbe mnFebrua�rV ��, 20D7 CONSTRUCTION COSTS: Original Building Design in 1SS9 was approximately .......................... $ 1,150`000.00 Present: Cost io still under evaluation PROFESSIONAL FEES HAVE ALSO INCREASED Original AJE Landscape Services were.............................................. $ 96'999.20 8nc|odingPMn�n8 ��ostmand Meetings) � resmotP*mpmsed A/E Services...................................................... $ 170.953.00 As armmn��d with ($4'5A0 cnnftingamcy) .......___..........^......^...^.^.. S 244,849.00 Increase and Changes in Scope of Work that have caused the increase in fees: 1. Addition ofBrowand Sheriff Office Sub-Station and change in occupancy which now falls under four categories 2. Site and Building Conditions; Damages to Site by Hurricane Wilma, community requirements onLandscaping, Site Lighting and Parking 3. New Building Code affecting higher standards of design on all design disciplines; Architectural, Structural, Mechanical, Electrical and Civil Engineering msmmouired bv Florida Building Code. $12,710.00 ADDITIONAL CIVIL ENGINEERING FEES Ori8inaL''...''''''''''''''''''''-'''''''''''''''- - � �� '''''''''' ''''''''''''''''''''' 21,588.00 � 717U�'OB �nwm�nt----.-----_----------'----''—'—'-----' ` Scope of Civil Engineering Services have increased tremendously from the Original Agreement due to Plat requirements and Broward County's updated P|ottDev. Order and the following: 1. Paving and Drainage permitting and Plat Requirements by Brovvond Co. P|at -Development Order; a) Off Site Design Plans, b\Turn Lane Design Bus E / p.VVaeb*VVaher Plans for Gravity Sewer requiring Permitting thru B C.O.E.S. Permitting: Increase in Additional Broward Co. Agencies with Extensive Application Process ROBERTMCDONALO AND ASSOCIATES, P.A. MEMBER OF THE AK8ER|CAN INSTITUTE OFARCHITECTS Page 1of3 PUBLIC SAFETY FACILITY#93 CITY OF DANIA BEACH, FL APRIL 19, 2006 AIVIENDED TRAC". F RUA 4TH OPTIONAL ADDITIONAL CIVIL ENGINEERING SERVICES (These Optional Services will only be incorporated if required) BID ASSIST Original.......................................................Not included Present(On time and material not to exceed)........................... $ 3,360.00 SURVEYING SERVICES Original (Off Site Force Main &Traffic Control Signal Interconnect) $ 6,264.00 Present(Off Site Force Main not Req., Traffic Control Interconnect only) $ 3,360.00 PLATTING SERVICES Original.............................................................................. $ 14,868.00 Present(Prepared by City's Surveyor) ... .... .. ... . $ 0 ACS ended i reflect. A dia 'I,`al rN ria 1_nOl rinq� iusr by } ip isi,o 10,6 0.00 DESIGN FOR SANITARY PUMP STATION & FORCE MAIN Original........................................................................... $ 11,230.00 Present(Not Required)..................................................... 0 TRAFFIC CONTROL, SIGNAL INTERCONNECT DESIGN Original.......................................................................... $ 12,000.00 Present(Estimated at this time)....................................... $ 14,400 -$18,000 EMERGENCY SIGNAL WARRANT STUDY Original..................................................................................... $ 3,600.00 Present(Provide by Broward County)............................... 0 REVIEW ANALYSIS & RECOMMENDATION OF WARRANT STUDY Original (Included in $3,600.00 listed above) Present ................................................................................... $ 600.00 ROBERT MCDONALD AND ASSOCIATES, P.A. MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS Page 2 of 3 PUBLIC SAFETY FACILITY#93 CITY OF DANIA BEACH, FL APRIL 19, 2006 AP0Ei"IDE1.) (1,GNTRACT FEW"URARY 114 T H 2007, TOTAL OPTIONAL ADDITIONAL ENGINEERING SERVICES Original........................................................................ $ 48,012.00 Present................................................................................... $ 25,320.00 Amende,-,1 Optianal Addit�onal Engineerin�g $ 36,0W00 SUMMARY: A/E LANDSCAPE & CIVIL ENGINEERING SERVICES Original........................................................................ $ 118,587.20 Present................................................................................... $ 242,659.00 Amended AIE Landscape& Civil EngineeringSvrvices: $ 3291265.00 A/E LANDSCAPE & CIVIL ENGINEERING SERVICES (including Optional Additional Services) Original........................................................................ $ 166,599.20 Present................................................................................... $ 267,979.00 Arnended"i"otall including Optiorual Additional Services: S 365,265.00 ROBERT MCDONALD AND ASSOCIATES, P.A. MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS Page 3 of 3 City of Dania Beach Fire-Rescue Office of the Deputy Fire Chief 102 West Dania Beach Blvd. I 4�h1m. 1Dania Beach, Florida 33004 1 4 Phone: (954) 924-3722 F D Fax: (954) 921-0959 r904 Colin, As the Project Manager for Fire Station 93, 1 can convey an expectation that we will have a platting declaration, and approvals for construction permitting completed by mid- March. Quite honestly I echo'the sentiments by the City Mayor, that those results are still not fast enough, and we will continue to perform as many parallel activities as reasonably possible in moving the project forward towards completion. However please understand that many of the hurdles regarding the speed of the project were subject to county steering currents, and the myriad of meetings, reviews and comments by many Broward County Departments. Many of the "Additional Services Dollars" that this letter and back-up indicates and further requires, came about through having to modify civil and architectural efforts to reach approval levels with agents of the county. Additional "off-site" design planning and construction costs have come about by improvements required to the roadway that fronts the station's address through Broward County Traffic Engineering and the drainage issues surrounding the entire project through Broward County Water and Wastewater Management. As such, during the planning, permitting, and approval phase it has been necessary to have numerous internal meetings with both the architectural and civil engineers in the readying of approved construction plans. At our most recent meeting which you were able to attend, it became necessary to review the architectural fees that were approved by the commission on April 25th 2006 and to compare those dollars against the work still necessary to accomplish. The attendees at the meeting were; Attorney Ansbro, Finance Director Varney, Architect McDonald, Civil Engineer Scheppske, you and me. The following project budgeting assessments were made: (back-up provided electronically and hard copy) ❖ The commission amount approved on 3/25/06 of $267,979.00 included $47,646.01 done in 1999, but the work needed to be completely redone because it was out of date and useless to the current project. Those efforts were done and charged as "Additional Services" and paid. That decreased the total remaining monies that the commission approved to fund the architectural and civil engineering work ❖ The project requires "Additional Civil Engineering Services" for both civil and plat revisions equaling $10,680.00 ❖ The meeting also reviewed the 12/20/06 memo as it related to "Additional Architectural Services" equaling $12,710.00 for testing, and special inspector fees as required by Broward County and the Florida Building Code. •:• Remaining "Basic Services" for Architectural/Engineering/Landscape as specified through contract equal $18,473.20 ❖ Optional Additional for Bid Assistance = $3,360.00 ❖ Remaining Civil Engineering Services as of 11/27/06 equaling $44,736.00 ❖ The memo sent from Robert McDonald and Associates dated 12/20/2006 clarifies on page 2 of 3 the total costs required for project completion and is included in this back-up to be $89,959.25 ❖ That cost along with $2,826.17 worth of over-approval expenditures will be necessary to complete the architectural and civil work that extends out through the completion of all phases of building construction ❖ A City of Dania Beach CM approval beyond that amount, not to exceed 5% of those the remaining costs would prevent a return to commission for any additional approvals and would be my suggestion. Thus the architectural and civil engineering portion of the project requires $92,785.42 of funding to complete the remaining base contractual architectural and civil work along with a suggested CM level sign-off for approvals up to 5% of the remaining cost ($4,500.00), raising the overall City of Dania Beach Commission required approval to $97,285.42 Colin, I am aware of the significant investment that these requested funds signify, and I have provided all the back-up that was suggested of me when the attendees met to discuss the requirements for project completion funding. I additionally agreed with your assessment that follow-up meetings with the commissioners might be required prior to consent agenda to clarify cost, meet with the architect and verify timelines for planning, permitting and-building work ahead. Respectfully submitted for your consideration, review, and comments, Michael Invoices Paid to date to Robert McDonald for Fire Station 5/5/1999 Retainer 11,858.00 6/3/1999 Schematic Design(50%) 5,929.00 6/3/1999 Topographical Survey 2,160.00 6/18/1999 Schematic Design(50%) 5,929.72 7/26/1999 Topographical Survey 1,422.50 7/28/1999 Design Development(50%) 8,264.79 7/28/1999 Warrant Survey(50%) 1,800.00 8/12/1999 Warrant Survey(50%) 1,800.00 8/25/1999 Revised Site Plan 5,942.00 Additional Services 9/5/1999 Revised Site Plan 2,540.00 Additional Services "39,164 8,482.00 ` ,� 47,646:01 8/19/2005 Additional Retainer 5,000.00 Additional Services 11/28/2005 Project Administration 7,012.50 Additional Services 12/6/2005 Plat&Site Plan Review 1,965.00 Additional Services 1/18/2006 Out-of-pocket expense 349.60 1/20/2006 Redesign of plans 15,672.50 Additional Services 1/31/2006 Architectural,Meetings 3,827.50 Additional Services 2/14/2006 Out-of-pocket expense 78.25 3/22/2006 Civil Engineering 1,329.41 Additional Services 3/22/2006 Out-of-pocket expense 5.73 3/22/2006 Architectural 4,839.25 Additional Services 4/17/2006 Architectural, Landscape 6,521.25 Additional Services 5/1/2006 Architectural,Civil Engineering 5,086.25 Additional Services 5/5/2006 Warrant Study Review 600.00 Optional Services 5/27/2006 Architectural,Civil Engineering 6,696.25 Additional Services 5/31/2006 Out-of-pocket expense 40.08 6/22/2006 Additional Retainer 24,265.00 7/21/2006 Architectural,Civil Engineering 4,037.00 Additional Services 7/21/2006 Out-of-pocket expense 59.65 8/1/2006 Out-of-pocket expense 32.45 8/7/2006 Architectural, Landscape 34,190.60 6010.00 Additional Services 8/7/2006 Civil Engineering 8,400.00 8/7/2006 Credit Applied -10,412.50 9/1/2006 A/E Services 34,190.60 9/1/2006 Architectural 525.00 Additional Services 9/1/2006 Civil Engineering 6,252.00 9/1/2006 Out-of-pocket expense 41.68 9/30/2006 A/E/Civil Engineering 39,368.60 9/30/2006 Out-of-pocket expense 165.53 $136;254 30, .772 97.;.$:69;121.91 $ 205376 21 11/6/2006 A/E Services 32,782.95 32,782.95 Total w/o Out of Pocket $285,805.17 Comm.Approval $267,979.00 City Manager's Approval $15,000.00 Shortfall -$2,826.17 ROBERT MCDONALD AND ASSOCIATES, P.A. Architecture /Planning / Interior Design 3301 N.E. 17TH COURT FORT LAUDERDALE, FLORIDA TEL: 954-563-6225 FAX: 954-563-6227 LICENSE NO.AR 0004306 DATE: December 20, 2006 TO: Deputy Chief Michael Cassano, City of Dania Beach, Florida FROM: Robert McDonald, AIA / ROBERT MCDONALD AND ASSOCIATES, P.A. RE: Dania Beach Public Safety Facility Mike: Please find transmitted our balance remaining in contract for A/E Landscape and Civil Engineering Services, as submitted on 11/27/06. This includes payment received for last Invoice No. 5 dated November 6, 2006. The following is a list of Optional and Additional Services: (Description of these Services are included in this report) 1. Optional Additional Engineering Services — Signal Design $ 25,470 - $ 29,070 (These services will only be incorporated, if required) 2. Additional Civil Engineering Services — Survey & Platt Revisions $ 10,680.00 3. Additional Architectural / Engineering Services, $ 12,710.00 Testing and Special Inspector Services, as required by Florida Building Code. Total Optional Additional Engineering Services $ 25,470 - $29,070 Total Estimated Additional Architectural/Engineering and Civil Services $ 23,390.00 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTURE PAGE I OF 3 Deputy Chief Michael Cassano Dania Beach Public Safety Facility, No. 93 December 20, 2006 For purposes of the City's Purchase Order the City should consider adding the following amounts to the balance in Contract as of 11/27/06: Optional Additional Engineering Services: Bid Assist $ 3,360.00 Additional Civil Engineering Services $10,680.00 Additional Architectural / Engineering Services per F.B.C. $12,710.00 Total $26,750.00 If the City decides to install a Signal, the following Services should be included in the Purchase Order for the amount of$22,110 - $25, 710 ® Survey for Signal Design o Traffic Control Signal Design 0 Review & Analysis of Warrant Study Total Including Signal Design $48,860 -$52,460 In Summary: Remaining Architectural /Engineering/ Landscaping Basic Services, $18,473.25 as of 11/27/06 Additional Architectural/Engineering Required Services $12,710.00 Sub Total $31,183.25 Remaining Civil Engineering Services, as of 11/27/06 $44,736.00 Optional Bid Assist $ 3,360.00 Additional Civil Engineering Services $10,680.00 Sub Total $58,776.00 Total $89,959.25 Optional Services for Signal Design, if required $22,110 - $25,710 ROBERT MCDONALD AND ASSOCIATES,P.A. MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS PAGE 2 of 3 Deputy Chief Michael Cassano Dania Beach Public Safety Facility, No. 93 December 20, 2006 Enclosures include: Description of Additional Architectural / Engineering Services, as required by the FBC and Estimated Amounts Description of Optional Additional Engineering Services and Estimated Amounts Civil Engineering Additional Services and Estimated Amounts Balance remaining in contract for A/E Landscape and Civil Engineering Services through payment of Invoice #5, dated 11/6/06 Should you have any questions, please call. Reminder, our offices will be closed'Friday, December 22, 2006 through January 1, 2007. Merry Christmas and best wishes for a Happy New Year. ROBERT MCDONALD AND ASSOCIATES,P.A. MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS PAGE 3 of 3 CITY OF DANIA BEACH Agenda Item # e Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: r? f s� � b." t ,� , L 4,4 rz 3I' J 9�3f��i Requested Actions {Idenfity app"roprrate�Actio Motion}3 Y u ADOPT RESOLUTION ALLOWING PIGGYBACKING OF CO-OP CONTRACT FOR SIDEWALK 50-50 PROGRAM. U�hy'Act on isNecessary�� T TO FACILITATE REPLACEMENT OF SIDEWALKS AND ADDRESS ADA ISSUES What Action Accamplishes� r � ... r ALLOWS CITY TO CONTINUE 50-50 SIDEWALK PROGRAM. mn 3u IIa r � purcitasingyRequests ONLY a AS f » �•�,m:c....�t:�. a, ,3.�a3 .', 3�,,;3 f uv Dept: 4101 Public Services Streets Acct#: Amt: Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X Summary Expla 4' fi Bac[cground ... , _... 3 � f la�. SEE MEMO ,Y ^� ...... � Ah#'#Yk"7' 33 53s 3,J "1'� `k?�'' "3`#3• " s 'fir' �,�j �" �3'' 3 F�scal3�lmpac#lCos#Summary 3r , .:,, .,� f.� . «, 3 Exhibits Atta hed , s ......... ._ .. A_.._�'�', '3 .0 .., 3i ;,�3� .. :._.. .. �.. .a..w.,Wc.,.,x,,.,. u�:....�...... IN33 ' 33 ( ! .. F M,.,.,.....,. �., RESOLUTION MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 oe 3Ilk � <3 Y � w Authrizd Signatures Submitted by Leo Williams Date 01/30/07 Department Director Dominic Orlando Date 01/31/07 HR Director Date Finance Director Patricia Varney Date 01/31/07 City Attorney Thomas J. Ansbro Date 01/31/07 City Manager Ivan Pato Date 01/31/07 MOE C�ty,Clerk ,S6 8f&a..... ...........3...,«t�........a.....:...,,,..x�.«.._>_ .'tau..._.. ''?.N E. .�'�»..� ➢. •„3�,c C Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-035 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase replacement and installation of sidewalk services for City uses; and WHEREAS, the Commission has approved a budget of$60,000.00 in the fiscal year 2007 for the installation and replacement of sidewalks under the 50/50 program; and WHEREAS, funds have been encumbered from previous years for sidewalk repairs in compliance with ADA requirements; and WHEREAS, the City Manager has determined that such replacement and installation of sidewalk services can be purchased at the least cost to the City from Straightline Engineering Services and MEF Construction Inc., under Southeast Florida Governmental Cooperative Group Bid#05-06-012, a copy of which is attached and made a part of this Resolution as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal from Straightline Engineering Services and MEF Construction Inc., for the replacement and installation of sidewalks in an amount not to exceed $80,000.00 in Fiscal Year 2006-2007, ($60,000.00 will be expended from the General Fund Streets Division and $20,000.00 from the Capital Projects Fund). 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 on , 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-035 City of Dania Beach Department of Public Services ENGINEERING DIVISION 100 West Dania Beach Blvd•Dania Beach,FL 33004 •(954)924-3741 - (954)-923-1109(fax) TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando P.E., Director of Public Services BY: Leo Williams, Superintendent of Public Services Date: January 30, 2007 RE: City-Wide Sidewalk Construction Project, 50/50 Program Introduction and Background On January 19, 2007, the City received bids for the City-Wide Sidewalk Construction Project. The bids were submitted as follows: Homestead Concrete and Drainage, Inc. $483,300.00 Kailas Corporation $841,500.00 After reviewing the bids for the City's 50/50 Sidewalk Program it has been determined that all bids would be too costly to award. When we last went out to bid two years ago cost per square foot came in at $4.50 to $5.00. The new bids cost came in at 3 to 5 times the previous cost. There is however a current co-op bid that has pricing about 20% to 30% over our previous contract that we are allowed to participate in. Staff recommends rejecting the sidewalk bids and using the co-op bid for our 50/50 program and other ADA concrete needs. Recommendation It is recommended that the City Commission reject the City-Wide Sidewalk Construction Project bids and use the co-op bid for our 50/50 sidewalk program and other ADA concrete needs. Page 1 (_x1416ir ",tq 'R I-' a607 - p3� City ®,f.Miami Gardens 1515-200 NW 16711,Street 5 41 ..,, Mayor Shirley Gibson htiami Gardens,Florida 33169 .. Vice Mayor Oscar Braynon li 4--'� .d Councilman Melvin L. Bratton Councilman Aaron Campbell (� Councilman Ulysses Harvard _ Councilwoman Sharon Pritchett Councilwoman Barbara Watson WMORAND.UM To: Mayor and City Council From: Dr. Danny O., Crew City Manager Date: June 14, 2006 Re: Proposed Resolution authorizing the City Manager to issue purchase orders for sidewalk replacement and installation services on an as needed basis The City's Public Works Department continues to install, repair and replace sidewalks throughout the City on an as needed basis. The current contract which City Council awarded on July 27, 2005, for this service will expire on July 29, 2006. Funding for this expenditure is provided in the Transportation Fund.. The City acting as a lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications and advertised the bid document #05-06-012, on April 21, 2006, A broadcast notice was sent to 362 vendors. Twenty-four bid packages were requested. The bids were opened on May 25, 2006. Seven bids were received and publicity read. (see attached bid tabulation). Bids were evaluated for compliance with the specifications and their ability to perform the work. The apparent low bidder, TRW, Contracting Inc. requested to withdraw their bid. The references were checked by staff and found favorable for the primary and secondary contractor. All references were found favorable The specifications require award to a primary and secondary contractor. The second and third apparent low bidders, are primary —Straightline Engineering Group, located in Hialeah, Florida and secondary— MEF Construction, Inc,, located in Miami, Florida J-3) CONSENT AGENDA 1 RESOLUTION STRAIGHTLINE ENGINEERING GROUP,INC. Recommendation- That the City Council approve the attached resolution awarding a bid to Straightline Engineering Group, Inc. and MEF Construction, Inc. in an amount not to exceed the allocated budget and authorizing the issuance of purchase orders for replacement and installation of sidewalks on an as needed basis. The Southeast Florida Governmental Cooperative Cities participating in this solicitation are has follows: City of Sunrise; City of Hallandale Beach; City of Deerfield Beach; Town of Davie; City of Miramar; City of Pompano Beach; City of Coconut Creek; City of Lauderdale Lakes; City of Margate and City of North Miami. 2 RESOLUTION NO.2006-59-405 RESOLUTION No. 2006-59-405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO STRAIGHTLINE ENGINEERING GROUP, INC, AS PRIMARY, AND MEF CONSTRUCTION, INC., AS SECONDARY, FOR THE REPLACEMENT AND INSTALLATION OF SIDEWALKS ON AN AS NEEDED BASIS, AND IN ACCORDANCE WITH THEIR RESPONSES TO BID DOCUMENT#05- 06-012; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's current contract for sidewalk replacement and repair expires on July 29, 2006, and WHEREAS, the City acting as a lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications and advertised bid document #05-06-012 on April 21, 2006, and WHEREAS, seven responsive bids were received, publicity read, evaluated for compliance with the specifications and their ability to perform the work, and WHEREAS, the apparent low bidder, TRW, Contracting Inc. has requested to withdraw their bid, and WHEREAS, the second and third apparent low bidders, are Straightline Engineering Group ("Straightline"), located in Hialeah, Florida and MEF Construction, Inc. ("MEF"), located in Miami, Florida, and WHEREAS, both Straightline and MEF are capable of performing the services, and their references have been checked, and WHEREAS, the City Manager is recommending that the City utilize the services Page 1 RESOLUTION NO.2006-59-405 of Straightline and MEF to provide the services, WHEREAS, funding for this expenditure is provided in the Transportation Fund, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1 ADOPTION OF REPRESENTATIONS. The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution Section 2. AWARD OF BID The City Council for the City of Miami Gardens, hereby awards a bid to Straightline Engineering Group, Inc, as primary and MEF Construction, Inc., as secondary for the replacement and installation of sidewalks on an as needed-basis, and in accordance with their responses to bid document#05-06-012 Section 3. AUTHORIZATION: The City Manager is hereby authorized to issue Purchase Orders to Straightline Engineering Group, Inc, as primary and MEF Construction, Inc., as secondary on an as-needed basis. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 14, 2006. Y J / r ATTEST /J SH41�L G(BSON, MAYOR i RONETTA TAYLQR'CMC, CITY CLERK Page,2 RESOLUTION NO.2006-59-405 Prepared by SON,JA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY O. CREW CITY MANAGER MOVED BY: Vice Mayor Brannon SECONDED BY: Councilwoman Watson VOTE: 7-Q Mayor Shirley Gibson x (Yes) _(No) Vice Mayor Oscar Braynon, 11 x (Yes) -__,_.(No) Councilman Melvin L. Bratton x (Yes) _(No) Councilman Aaron Campbell x (Yes) ___-(No) Councilman Ulysses Harvard x (Yes) _(No) Councilwoman Sharon Pritchett x (Yes) _(No) Councilwoman Barbara Watson x (Yes) _(No) 10886B_1.DDC Paqe 3 CITY OF DA IA BEACH / Agenda Item # 7 Agenda Request Item IQW Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Re nested Action (Idenfit a ro nate Action or Motion y pD P )_11, Approve Resolution for Services During Construction by Kimley-Horn for the Dania Beach Blvd./SE 5th Avenue Traffic Light. 41 MW WhYiA dtion isLNeCessary �, To proceed with Traffic Light Installation. UVhaf Action Accomplishes �?�� Na III! ... . _p..... Provides consultant to ensure installation is done in accordance with construction documents. 3 v , PurchasingRegtiests�ONLY' Dept: 4101 Public Services Streets Acct#: 301-4101-541.31-30 Amt: $24,750.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: Y Sum0 IF mary Explanation/Background '4 � ! d Fi �� ... � See memo FiscalImpac110 Summary; „8.z as., ....H.,,I<4z , ,,,., 3a, rr„r„,..,. ,�..: ,k»`::• ..1,>�s,,,, �,,.a, 3 4.?z.u.. „,,.. _�.,, ";. »ix a„ 3.,&.,xic..,. .."',1, . .. e—3A , $24,750 Exhibits Attachetl h __ [• .. .. .. ..�,�.�Hamte".ataf.:u t;:h .a. ...,., Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6All Exhibit 7 Exhibit 8 Authorrzed-Signatures Xy $$::���� 1 fro, ..�. i1�3.,.w , .,.,��aYm ,. _.�, . ,n,l��ai+�.._ �_ &-,,,. .1..; .. Submitted by Leo Williams Date 02/01/07 Department Director Dominic Orlando Date 02/01/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 02/01/07 City Attorney Thomas J. Ansbro Date 02/01/07 City Manager Ivan Pato Date 02/02/07 �C�ty,Clerk'Use Commission Action: Approved: 0 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT NOT TO EXCEED $24,750.00 FOR CONSTRUCTION PHASE SERVICES FOR INSTALLATION OF MAST ARM TRAFFIC SIGNAL AT THE INTERSECTION OF DANIA BEACH BLVD AND SE 5" AVENUE; AUTHORIZING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the attached Work Authorization was requested from Kimley-Horn and Associates for the construction phase services for installation of mast arm traffic signal at the intersection of Dania Beach Blvd and SE 51" Avenue; and WHEREAS, the City solicited a proposal from Kimley-Horn and Associates to complete the construction phase services at a cost not to exceed $24,750.00; and WHEREAS, the attached Work Authorization is for construction phase services as outlined in the detailed Scope of Work as attached in Exhibit "A" for services for the mast arm traffic light; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That the City Commission approves a work authorization for Kimley-Horn and Associates to provide construction phase services for installation of mast arm traffic signal at the intersection of Dania Beach Blvd and SE 51" Avenue, at a cost not to exceed $24,750.00. Section 3. That funding for the contract is from the Capital Projects Fund. Section 4. That the City Manager shall be authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the agreement. Section 5. That all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. Section 6. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 7. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-036 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on , 2007, between: the City of Dania Beach,Florida,a municipal corporation, (the"City") and Kimley-Horn and Associates, Inc. (the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit"A", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties,however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, a not to exceed amount of Twenty Four Thousand, Seven Hundred Fifty Dollars($24,750.00)(the"Fee"). The Fee includes full payment,including all labor,overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties,and approved in writing in advance by the City.Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City,which is not covered by the scope of services described in the attached Exhibit "A", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice,City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant shall indemnify and hold harmless City,its officers,employees and agents (collectively, the "City"), from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney fees,to the extent caused by the negligence,recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved,and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida law applicable to indemnification. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. Page 2 of 8 E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Joliette Woodson, P.E., one of Consultant's associates, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual,the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may,at its discretion,terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation,or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including,but not limited to, costs of acceleration, inefficiency or extended overhead,arising because of any other delay,disruption,interruption,interference or hindrance from any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active'malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records,documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for Page 3 of 8 reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant,thirty(30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be neittled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants)pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents,City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above,whenever either parry desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of Page 4 of 8 notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Florida 33004 Consultant: John J. McWilliams, P.E. Kimley-Horn and Associates, Inc. 5200 NW 33rd Avenue, Suite 109 Ft. Lauderdale, FL 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida,or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys'Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected,shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements Page 5 of 8 or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further,that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them,alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. Page 6 of 8 CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER IVAN PATO, CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J. ANSBRO DOMINIC ORLANDO, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 7 of 8 CONSULTANT: Signed, sealed and delivered Kimley-Horn and Associates, Inc. in the presence of: By: Witness Witness Print Name Title STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2007, by as of Kimley-Horn and Associates, Inc., a Florida corporation, on behalf of the corporation. He(She) is personally known me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 8 of 8 Kimley-Horn and Associates, Inc. EXHIBIT"A" ■ December 4, 2006 Suite 109 5200 N.W.33rd Avenue Mr. Dominic F. Orlando, P.E Ft.Lauderdale,Florida City of Dania Beach 33309 100 West Dania Beach Boulevard Dania Beach,FL 33004 Re: Dania Beach Boulevard/SE 5`h Avenue Traffic Signal Installation Construction Phase Services Dear Mr. Orlando: Kimley-Horn and Associates, Inc. ("KHA" or "the Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of Dania Beach ("the Client") for providing construction phase services to observe the installation of a traffic signal at the intersection of Dania Beach Boulevard and SE 51h Avenue. Our project understanding, scope of services, schedule, and fee are below. Project Understanding The implementation of the traffic signalization design, at the above referenced intersections, is to begin shortly. The Client has requested KHA to prepare a Scope of Services for providing limited construction phase services to the City of Dania Beach for this project. Scope of Services Task 1 — Construction Phase Services The Consultant shall provide bidding assistance to the Client for this project. This work may include assistance in preparation of bid documents, written specifications, attendance at pre-bid meeting, and the distribution of bid documents. The Consultant shall attend a pre-construction meeting and onsite meetings as needed during the construction of the project. The Consultant, or a designated representative, shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary in order to observe, as an experienced and qualified design professional, the progress and quality of the various aspects of Contractor's work preformed after the effective date of the agreement. It should be noted that this project is being constructed under a permit issued by FDOT; however Broward County will be the maintaining agency. We ■ TEL 954 535 5100 FAX 954 739 2247 ® Kimley-Horn Mr. Dominic F. Orlando,P.E.,December 4,2006, Pg. 2 and Associates, Inc. will coordinate with both these agencies for the duration of the project, so that they may have a representative present at the site during key work elements should they elect to attend. We would estimate the project will be substantially complete in approximately 90 days (12 weeks) beginning at the end of the procurement process and expect our staff will be devoting an average of approximately 12 hours per week during a 90 day period to this project for site observation. Based on information obtained during such visits and on such observations, the Consultant shall endeavor to determine in general if the Contractor's work is proceeding in accordance with the Contract Documents and Consultant shall keep the Client informed of the progress of the work. During site visits and on the basis of such observations, the Consultant may recommend to the Client that Contractor's work be disapproved or rejected while it is in progress. If, on the basis of such observations, the Consultant believes that such work will not produce a completed project that conforms generally to the Contract Documents or that is will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. The Consultant shall not have authority to direct or have control over the Contractor. The Consultant shall not have authority over or responsibility for the means, methods, techniques, sequence or procedures of construction methods selected by Contractor, for safety precautions and programs incident to the work of the Contractor, for any failure of the Contractor to comply with laws, rules, regulations, ordinances codes or orders applicable to Contractors furnishing or performing their work. Accordingly, the Consultant can neither guarantee the performance of the construction contracts by the contractor nor assume responsibility for Contractor's failure to furnish and perform their work in accordance with the Contract Documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. We will review shop drawings, samples and other data which the Contractor is required to submit, but only for conformancr, with the design concept of the Contract Documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. We will forward these shop drawings to FDOT for final approval. The Consultant shall receive and review all certificates of inspection, and testing results provided by the Contractor's testing lab and undertaken after the effective date of this agreement and to determine generally that their content complies with requirements of, and the results certified indicate compliance with the Contract Documents. The Consultant shall report to the Client when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by the Client. Kimley-Horn Mr. Dominic F. Orlando,P.E.,December 4, 2006,Pg. 3 and Associates, Inc. The Consultant shall have authority, as the Client's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing and approvals undertaken after the effective date of this agreement as required by laws, rules, regulation, and ordinance, codes, orders, or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). The Consultant will assist in the review of the pay applications if requested by the Client. The Consultant shall not be responsible for the acts or omissions of Contractor or any subcontractor or supplier at the site or otherwise furnishing or performing any of the Contractor's work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. After notice from Contractor that Contractor considers the entire work ready for its intended use, in company with City and Contractor, the Consultant shall conduct a site visit to determine if the work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of City, the Consultant considers the Work substantially complete, the Consultant shall notify City and Contractor. At the conclusion of the project the Consultant shall participate in a final Field Review in the company of the Client and Contractor to determine if the completed work of the Contractor is acceptable so that the Consultant can recommend final payment to the Contractor. The Client shall issue certification letters, as required, upon completion of the work. Additional Services Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates. Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. ® ® Klmley-Horn Mr. Dominic F. Orlando,P.E.,December 4, 2006,Pg. 4 and Associates, Inc. Fee and Billing KHA will provide the Scope of Services on a labor fee plus expense basis at our currently hourly rates with a limiting amount of$24,750.00. KHA will not exceed this budget without prior authorization from the Client. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. An amount will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage,, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at$25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to the City of Dania Beach. [THIS SPACE LEFT INTENTIONALLY BLANK] ® Kimley-Horn Mr. Dominic F. Orlando,P.E.,December 4,2006,Pg. 5 and Associates, Inc. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60)days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, K Y- AND ASSOCIATES, INC. R. Russe Barnes, III, P.E. 9JZWilliams, P.E. Principal Project Manager Attachment—Standard Provisions Agreed to this day of City if Dania Beach, A Florida Municipality Corporation ATTEST: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR IVAN PATO CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE AND CORRECTNESS OF SERVICES" THOMAS J. ANSBRO DOMINIC F. ORLANDO, P.E. PUBLIC SERVICES DIRECTOR Official Seal: - O:UMcW\Dania BeacMTemp Signal\C81\I2 04 06 orla,ido Itr.DOC Mr.Dominic F. Orlando,P.E.,December 4,2006,Pg. 1 KIMLEY-HORN AND ASSOCIATES,INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, GIS, and graphics,etc., will be billed at$25.00 per hour. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law,the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions,receive information,and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements,objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development,design,or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements,zoning or other land use regulations,etc.,upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months(cumulatively),Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all transaction taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived,and the invoice shall conclusively be deemed due and owing. (c) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words"in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents, including but not limited to drawings,specifications,reports, and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and rev 08/06 1 Mr. Dominic F. Orlando,P.E., December 4,2006,Pg. 2 expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client,and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization,the Client has 60 days to perform acceptance tests,after which it shall be deemed to have accepted the data. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant,to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances,by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10)LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law,and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty,express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages,for extra costs or other consequences due to changed conditions,or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client,and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. rev 08/06 2 Mr. Dominic F. Orlando,P.E.,December 4,2006,Pg. 3 (13) Hazardous Substances and Conditions. (a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation,removal,or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope,fee,and terms for such services. (14) Construction Phase Services. (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods,techniques,equipment choice and usage, sequence, schedule,safety programs,or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (15) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement,or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,regardless of whether the services are provided by in-house employees,contract employees,or independent subconsultants. (16) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts,data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however,that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. rev 08/06 3 ANSI 01 m City of Dania Beach Department of Public Services ENGINEERING DIVISION 100 West Dania Beach Blvd•Dania Beach, FL 33004 • (954)924-3741 (954)-923-1109(fax) TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, PE, Director of Public Services Date: January 29, 2007 RE: Recommendation to Award Work Order to Kimley-Horn and Associates for Services During Construction of SE 5t" Avenue and Dania Beach Blvd. Mast Arm Traffic Signal Introduction and Background The City Commission has identified a traffic light at SE 5th Avenue and Dania Beach Blvd as a need. FDOT, Broward County and the City all agree the permanent light is the correct solution. A temporary light design was completed by Kimley Horn in 2005. A work order was approved in May, 2006 for Kimley Horn to design a permanent mast arm installation in a 6 lane section. This was completed. Dania Beach Blvd. water main project and sanitary sewer forcemain project bids were opened Friday January 26, 2007. This work will need to be coordinated with installation of the traffic signal. The traffic signal project will be bid as soon as we receive approval from FDOT. Installation of the traffic signal project may be incorporated in the FDOT 3R project. The attached Work Authorization is for engineering design services as outlined in the detailed Scope of Work as attached in Exhibit A hereto for services during construction. Recommendation It is recommended that the City Commission award this work authorization to Kimley Horn and Associates, Inc. in the Not-to-exceed amount of$24,750. WWCIP—Approval of Work Auth KHA 1/26/07 Pagel CITY OF DANIA BEACH Agenda Item # 7 41 Agendas Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: equested Act�on��{Idea i a�ropr�ate A�ion or'Motion; , r��r� � ' �� � ......<. .,.....Y, .a. ,.., n»a,vw..., ..,,h.,.a x._. ......... ... .... ..,se.,,.,.., � ..��a„ ..a.w.t«ilX", www .0 ., +•�h Approve resolution allowing services from Chen &Associates for the Neighborhood Improvement Program. VVhy;Actiah�is Necessary � , �° Allows Public Services Department to move forward with the Neighborhood Improvement Program. What Action A"cccmpl�shes�, t ` ' �'; �6.m�.:, , �,3 .,.. . ....,. .. ., R,....,. .,..._.. Allows Chen &Associates to start the design packages, assist with the bidding process and perform consultant services during construction including project closeout. 46 a Purchasing Requests OILY Dept: 3901 Public Services Administration Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summaryxp{anatian%Background ; 5aut. Mk See memo F�scall mh pac'�t`/G3o31 s�tSu m33�3 A�'m3i4 1�ai ry9 333 "maw t y ikLae}0 � P 33 3t 3 GO Bond IF �E At£sched xhiblts � :�,a.,.. ..... Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �s thortze'dS gnatures N3 �� .. Submitted by Leo Williams Date 02/05/07 Department Director Dominic Orlando Date 02/06/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 02/06/07 City Attorney Thomas J. Ansbro Date 02/06/07 City Manager Ivan Pato Date 02/06/07 -0 \�. @ 3 R� 3 '1 'l 3� mp 3 dL 3 { G#ty Clerk Use } 3y y y 3y I, ..,��.,M.. L.��.... nw„ .. „ ........ 3.i ...`''. ..,..� �_. 'I�..,... ,.?.� a[... r'�.. __ ..... ........�. � mot..... Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-037 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWO HUNDRED THIRTY-EIGHT THOUSAND TWO HUNDRED NINETY TWO DOLLARS ($238,292.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain agreement with Chen and Associates, Inc. in an amount not to exceed Two Hundred Thirty-Eight Thousand Two Hundred Ninety Two Dollars ($238,292.00)for services relating to neighborhood improvements throughout the City,as such services are identified the proposal in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it to be funded from the General Obligation(G.O.)Bond proceeds. Section 2. That the Finance Director is authorized to appropriate funding from the G.O. Bond Fund for such service. Section 3. That the City Manager and the City Attorney are authorized to make minor revisions to such agreement which are deemed necessary and in the best interest of the City of Dania Beach. Section 4. That all Resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 92007-037 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on February , 2007, between: the City of Dania Beach, Florida, a municipal corporation, (the "City") and Chen and Associates Consulting Engineers, Inc. (the"Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit"A", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties,however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1,an agreed upon lump sum amount of Two Hundred Thirty Eight Thousand Two Hundred Ninety Two Dollars ($238,292.00) (the "Fee"). The Fee includes full payment, including all labor, overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, and approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work,as determined by City, which is not covered by the scope of services described in the attached Exhibit "A", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant shall indemnify and hold harmless City, its officers, employees and agents (collectively,the"City"), from liabilities,damages, losses, and costs,including,but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida law applicable to indemnification. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). Page 2 of 8 F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Oscar R.Bello,P.E.,one of Consultant's associates,and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not,for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including,but not limited to, costs of acceleration, inefficiency or extended overhead,arising because of any other delay,disruption,interruption,interference or hindrance from any-cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits Page 3 of 8 conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant,thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be neittled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants)pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended,at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: Page 4 of 8 City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Chen and Associates Consulting Engineers, Inc. Attention: Ben H. Chen, P.E., D.E.E. 500 West Cypress Creek Rd Suite 410 Fort Lauderdale, FL 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing_Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys'Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected,shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. Page 5 of 8 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further,that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them, alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. Page 6 of 8 CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR IVAN PATO CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J. ANSBRO DOMINIC F. ORLANDO, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 7 of 8 CONSULTANT: Signed, sealed and delivered in the presence of: By: Witness Oscar R. Bello Witness Print Name Project Manager Title STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on ,2007, by Oscar R. Bello as Project Manager of Chen and Associates Consulting Engineers,Inc.,a Florida corporation, on behalf of the corporation. He is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 8 of 8 EXHIBIT A SCOPE OF SERVICES for Chen and Associates,Inc Proposal for NEIGHBORHOOD IMPROVEMENT PROGRAM (NIP) February 2007 I. BACKGROUND In March 2005, voters in the City of Dania Beach approved the bond referendum. The Dania Beach City Commission created the Neighborhood Improvement Advisory Board. The board was given the task to prepare a final report identifying projects and initiatives which address the neighborhood needs. The scope of the projects under the Neighborhood Improvement Program will cover sidewalks, traffic calming, and street lighting. Chen and Associates was selected by the City of Dania Beach to provide professional engineering services for its' Neighborhood Improvement Program. The general scope of services includes the following: © Street Lighting Layout and Design; ® Sidewalk Layout and Design; o Traffic Calming Study and Design; ® Bidding Services; o Construction Observation; and ® Public Awareness Based on the NIAB recommendation, the projects should be completed by June 2008. However, the City requested that the projects be expedited. Chen and Associates anticipates completing the design of all the listed projects within 5 months and 9 months for construction. This approach will have the last project completed ahead of schedule. II. BASIS OF SCOPE 1. This scope does not cover survey or geotechnical investigation. Although we do not anticipate the need of a survey, if a survey is required to identify the private property lines, obstructions, and encroachments, Chen and Associates will request a proposal at the City's expense. 2. This scope does not include permitting. III. SCOPE OF SERVICES Please refer to the list of identified projects. Page 1 of 3 February 2007 Y o o QOEM PROJECT NO. NEIGHBORHOOD STREET PROJECT SCOPE 1 LeBeauAcres SW 24 Ave Sidewalks,traffic calmrn ,and li htin u , .,.. ....... g...., g 2 LeBeau Acres SW 58 Manor Sidewalks, traffic calming, and lighting au Acres „ ' SW S ccve54 A3 Be id _tin 4 Meli Park Area SW 28 Terr Sidewalks, traffic calming, and lighting= „ 5David isles HOA c.,fW 39 Ave Sitlewalk .....�.. ., ,: 6 Gold Coast Twin Villas SW\43 Terr Sidewalks, traffic calming, and lighting 7 Waodiand Lane• Woodland Lane Lightin9� ..�_„ .. 8 Avon Heights SW 46 Court Lighting gar, A ©n�Heights.. ` .' ESW 26 Terr.,' Traffre lac mingxand.,fight�ng r_.axk r 10 Avon Isles SW 33 Ave Sidewalks, traffic calming, and lighting 11 SW 0 Aver irk' SW 40 Ave� `�� 5idewalks�traffic calmrn and li ht n ,u ., .. ...... ...... „ ..,,, 3 �r,....,3,. uN.xe� .ao.ww..,.�_.x ......: .. lax.,�,,, g.. 12 Melaleuca Gardens NW 7 Ave Sidewalks and Lighting 13' Melaleuca Gar'#ens NW 10 Ave wSldewIks,traffic catm�ng,an lighting, 3. ,,,,. ,,,,,,�• .�� ,„ w 14 College Gardens Phippen-Waiters Rd Traffic calming Nll 15 Royal 15airn ista NB 3fSt 4 }._RSidewalks trafftc,calming,an�ddd light ng . Task LLighting Plans and Specifications Consultant shall prepare lighting plans and specifications for the identified street light projects. The construction documents will include location, type, and height of proposed lighting. The services involve site visits by Consultant to assure location with minimal obstruction and conflicts. The scope does not include preparing a photometric plan. Task 2.Sidewalk Plans and Specifications Consultant shall prepare concrete sidewalk plans and specifications for the identified sidewalk projects. The construction documents will include location, thickness, and coordination with residents. The services involve site visits by Consultant to assure location with minimal obstruction and conflicts with encroachments. Task 3.Traffic Calming Plans and Specifications Request speed and volume studies: Chen and Associates will meet with Broward County Traffic Engineering to describe the purpose and scope of the traffic calming projects to be conducted in Dania Beach. We will request that Broward County conduct speed and volume studies on the identified local streets to create a database for determining the locations and appropriate treatments for traffic calming. It is assumed that these studies will be conducted at no cost to the City of Dania Beach or Chen and Associates. Data Anal: Chen and Associates will summarize and evaluate the speed and volume measurements on the identified local streets as provided by Broward County. We will use guidelines provided by Broward County and by local Cities who have developed Traffic Calming programs to identify the streets where Traffic calming Treatments should be installed. We will prepare a tentative set of recommendations to summarize these findings. Page 2 of 3 February 2007 Upon justification of traffic calming devices, Consultant shall prepare traffic calming plans and specifications. The construction documents will include location, dimensions, and coordination with residents. The services involve site visits by Consultant to assure location with minimal conflicts with encroachments and obstructions with driveways. Task 4. Cost Estimate Consultant shall prepare a cost estimate of each project. The cost estimate shall consist of MOT, complete installation, and material. Task 5. Construction Administration Consultant shall provide construction services as follows: preparation of post-approval bid documents, assistance in contractor bidding and selection, pre-construction conference attendance, general observation of the work(up to 6 hours per week), review of material shop drawings, review of contractor pay requests, and statement of work completion, and review and submittal of "as-built" drawings prepared by a registered land surveyor. It is estimated that all construction will last approximately 36 weeks. Task 6. Reimbursables Consultant shall provide services, as necessary, to assist the City in the preparing plans, coordination or other requested tasks to facilitate successful completion of the Project. Costs incurred in providing these services shall be reimbursed. IV. DELIVERABLES Deliverables are described in the Scope of Services. V. FEE AND SCHEDULE From the Notice to Proceed and receipt of all documents requested from the City, Chen and Associates will complete the design phase of all the projects within 150 Calendar Days. FEE SUMMARY TASK LUMP NUMBER TASK SUM FEE Task 1 Lighting Plans and Specifications $45,740 Task 2 Sidewalk Plans and Specifications $61,040 Task 3 Traffic Calming Plans and Specifications $52,280 Task 4 Cost Estimates $25,680 Task 5 Construction Administration (9 months) $51,552 Task 6 Reimbursables $2,000 TOTAL FEE $ 238,292 Page 3 of 3 February 2007 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd- Dania Beach,FL 33004 • (954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: February 5, 2007 RE: Chen and Associates, Neighborhood Improvement Program Chen and Associates is the engineering firm selected for services relating to the City's Neighborhood Improvement Program. They have submitted a cost proposal of $238,292.00 to perform design, assistance during bidding and provide services during construction including project closeout. The proposed design will be at an accelerated pace and will move us quickly into the construction phase of our GO Bond requests from the Neighborhood Improvement Committee. The first design package will be completed in 30 days. All design packages will be completed within 5 months. Construction will be scheduled to be completed within 9 months. Total duration for design, construction and project closeout of the Neighborhood Improvement Program will be less than 14 months. Staff recommends awarding this work order. CITY OF DANIA BEACH Agenda Item # 7. /ur Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: »�` v� Sit", Requested=ACtiOn (Idenfityappropriate Action or IVtotion) w >g _ � , n:. �.,_ . Approve expenditure of up to $5,100.00 for services from Sungard HTE, Inc for the Click2Gov online services for Code Enforcement. ym' 3 Vi 1�' 3 y r b WhyAction is Necessary _ ' To provide online services for residents for Code Enforcement Actions. These services include the ability to check the status, view actions taken and pending actions of a Code Enforcement complaint at a specific property. What Action3; ccomplishes 3 � � � �" To amend the original amount approved by the Commission for services provided by H.T.E. E Ff' PurchasmgRequ sts ONLY , ,.,„ ', . a �z. s �. �"ram, ., MIr . . Dept: 1203 Code Compliance Division Acct#: 001-1203-529.31-10 Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �Summary�ExplanationlBackground� '� ` ' �"'� This is part of an ongoing effort to expand the online services on the City's Website. The Click2Gov module provides a direct, real-time connection with the database for the Code Enforcement. This provides up to the minute information for the users of this service and provides these users with an alternative to either calling or coming to City Hall for these services. This connection is secured via a Verisign Digital Certificate and is linked directly from our website. �FiscalImpactlCostSummary 3 �� � � y�a. � �'�' � a,, iu�:._w�.���- 7H..:z�au�,.�11�?....�......,ka.�u3�.�c:?3 �z.._.�i ��,,a��. � ._suu��� - t.�...., �,c,.�..�.__.... s.,..�._...��.....� ':� ��iir .m..,�•�,_.�s 3�.�.,�.�'�i �.��' _. Exhibits Attached � � �A ,L,�•' ''��w,.. �... .. +7su.«.:i��.. '[ �a�iL�a �u.� �.,..s,��lw-..�.� ��akiifi�d' r�au.w��.ra.�_z. 3g>'.� ..w.u..p._,-.��-..zu,�vz-. .. �_..��......�wa��llu��_,,..v,.3y .,.k.���a z�:.�o.:_.,., _,.._..� Resolution Contract from Sungard HTE, Inc. Exhibit Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 raw -c2 +x - Au h rized33Signatures � 1 .. ...;.. .. . ..... t... ... ... ..,tom.. .. M:.. r3,... h .......... Submitted by Chuck Cook Date 02/06/07 Department Director Date Assistant City Manager Colin Donnelly Date 02/06/07 HR Director Date Finance Director Patricia Varney Date 02/06/07 City Attorney Thomas J. Ansbro Date 02/06/07 City Manager Ivan Pato Date 02/06/07 INS Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-038 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $5,100.00 FROM H.T.E. INC., FOR THE PURCHASE OF THE SUNGARD H.T.E. ASP PROGRAM "CODE ENFORCEMENT CLICK2GOV ONLINE SERVICES", FOR PAYMENTS OF A STARTUP FEE AND MONTHLY ACCESS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 2007 Community Development budget approved by the City Commission provided for the purchase of a "C1ick2Gov Code Enforcement On Line" services (the "Program"); and WHEREAS, the City of Dania Beach is currently using the H.T.E. ASP (Application Service Provider) software; and WHEREAS, a review of different providers resulted in the selection of H.T.E., 1000 Business Center Drive, Lake Mary, FL 32746, to provide the Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to purchase from HTE, Inc. the "Code Enforcement C1ick2Gov Online Program" designated above in an amount not to exceed $5,100.00, with funding from the General Fund. Section 2. That the City Manager is authorized to pay for the corresponding professional services, specifically, a startup fee of$2,880.00 and a monthly access in the amount of $182.00 per month, for a one (1) year period effective April 2007, and annual renewals necessary to support the application to be funded from the General Fund. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be 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 on PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 92007-038 o HTE INC. SunGard HTE Inc.Application Service Provider Agreement Schedule A -Order Form Unless otherwise stated below,all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: City of Dania Beach txxo Initial Order FormAgreement Number: DANI-20030321-7 Replacement Order'Form Replaces Order Dated 1. Term:Begins April 1,2007 and expires commensurately with the expiration of the SunGard HTE Inc.Application Service Provider Agreement(ASP Agreement)dated May 29,2003,between SunGard HTE Inc.(HTE)and City of Dania Beach,FL (Customer). 2. Application Groups: Start-Up Fees and Monthly Access Fees Applications and/or Services Start-Up Fee Monthly Access Fee New Products Click2Gov Code Enforcement(KO) $ 2,880.00 $ 182.00 (Not currently Licensed) Setup,Implementation,Disaster Recovery Plan for Included in Included in Services SunGard HTE Applications, Start-Up Monthly fee Access Fee Total $ 2,880.00 $ 182.00 *Start-Up Fee is based on use of HTE's Standard ASP Implementation Methodology. 3. Payment Terms: Start-Up Fee: Due upon execution of this Order Form. Monthly Access Fee: The initial Monthly Access Fee will be due on April 1,2007. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Fees will be billed with current ASP Monthly Access Fees. Rates for subsequent years of service are subject to change. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the HTE Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard HTE is seeking reimbursement,shall also be invoiced monthly. This Schedule A-Order Form is entered into under the terms and conditions of the SunGard HTE Inc.Application Service Provider Agreement between the parties dated May 24 2003,between SunGard HTE Inc.(SunGard HTE)and City of Dania Beach,FL(Customer). CITY OF DANIA BEACH,FL SUNGARD HTE INC. Authorized Signature Authorized Sip—alure Gil Santos President, SunGard HTE Inc February 5, 2007 Date Date ASP Agreement,Schedule A-Order Form DANI-20030321-7 ASP Order Form.doc Verl00404 Page 1 oft 2/5/2007 V�- ,7 It RESOLUTION NO. 2007-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO A MASTER PLAN FOR THE DANIA BEACH LIBRARY AND RELATED PARKING FACILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain Interlocal Agreement between Broward County and the City of Dania Beach pertaining to a Master Plan for the Dania Beach Library and a related parking facility, in substantial form as appearing in Exhibit"A", attached, is approved and the proper City officials are authorized to execute it. 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 retroactive to February 6, 2007. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY Exhibit"A" Resolution #2007-039 INTERLOCAL AGREEMENT BY AND BETWEEN BROWARD COUNTY, FLORIDA AND CITY OF DANIA BEACH, FLORIDA REGARDING THE MASTER PLAN FOR THE DANIA BEACH LIBRARY AND PARKING FACILITY INTERLOCAL AGREEMENT BY AND BETWEEN BROWARD COUNTY, FLORIDA AND CITY OF DANIA BEACH, FLORIDA REGARDING THE MASTER PLAN FOR THE DANIA BEACH LIBRARY AND PARKING FACILITY THIS INTERLOCAL AGREEMENT (the "Agreement") dated on , 2007 is entered into by and between: BROWARD COUNTY,FLORIDA, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners ("COUNTY"), AND The CITY OF DANIA BEACH, FLORIDA, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Commission ("CITY"), with their participation evidenced by the signature of their authorized representatives. WITNESSETH WHEREAS, the Parties agree that it is in their mutual best interest and those of the residents of the CITY and the COUNTY to provide for a new Dania Beach Library (the "Library"), to replace the existing library facility; and WHEREAS, the COUNTY has been in the process of determining a suitable location for the Library, which would serve the residents of the CITY, as well as those of neighboring municipalities and unincorporated areas; and WHEREAS, the CITY, by Resolution No. 2005-010 of the City Commission, as governing body of the CITY, adopted on January 11, 2005, authorized a referendum for the purpose of determining the issuance of general obligation bonds (the "Bonds") of the CITY, in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000.00), for the purpose of constructing a library and parking facility within the CITY; and 2 WHEREAS, at such election on March 8, 2005, the issuance of the Bonds was approved by a majority of the qualified electors of the CITY in accordance with the applicable laws of the State of Florida(the "State"); and WHEREAS, the Supervisor of Elections of Broward County, Florida certified the results of such referendum approving the issuance of the Bonds; and WHEREAS, the CITY has determined to proceed with the design, development and construction of the Library and parking facility; and WHEREAS, the CITY and COUNTY agree that it is in their mutual best interests, and those of their respective residents,to jointly cooperate in the planning, design and construction of the Library; and WHEREAS, the proposed location for the Library is adjacent to the CITY's existing City Hall, located at 100 W. Dania Beach Boulevard, Dania Beach, Florida; and WHEREAS,the proposed location of the Library and parking facility is centrally located and provides reasonable access to the Library for the residents of the CITY and COUNTY, for the sharing of facilities and programs offered; and WHEREAS, the CITY and COUNTY have agreed to enter into this Agreement to split the costs of a Master Plan Study for the proposed Library and parking facility site; and WHEREAS, the CITY has issued its request for letters of interest for "Master Plan Consultant Services", and will be responsible for the selection and contracting of appropriate Master Plan consultants; and WHEREAS, the COUNTY has budgeted and appropriated One Hundred Thousand Dollars ($100,000.00) for a Master Plan of the proposed Library site; and WHEREAS, the CITY represents to the COUNTY that it has the authority to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, the COUNTY represents to the CITY that it has the authority to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: 3 ARTICLE 1 MASTER PLAN CONSULTANT 1.1 CITY's Obligation The CITY shall: a) issue its Request for Letters of Interest for Master Plan Consultant Services ("RLI") to obtain a qualified firm or person(s) to master plan the proposed Library and parking facility site. The RLI shall be substantially in the form attached and incorporated by this reference as Exhibit"A"; b) be responsible for the selection of the Master Plan Consultant, and the negotiation of any contract with it, in accordance with the RLI; c) contract with the Master Plan Consultant, and thereafter be responsible for the administration of the master plan design, development and construction of the Library and parking facility, subject to the COUNTY's rights and obligations set forth herein. Such administration shall include coordination with the COUNTY's library department; d) pay for the services of the Master Plan Consultant, subject to the County's contribution hereinafter provided; and e) authorize the proper City officials to execute any documents necessary to proceed with the transactions contemplated in them. 1.2 COUNTY's Obligation The COUNTY shall: a) authorize the Mayor or Vice-Mayor of the Board of County Commissioners to execute any documents necessary to proceed with the transactions contemplated in them; b) provide funding for the Master Plan Consultant Services in an amount equal to the lesser of one-half of the dollar amount of the contract between the CITY and the Master Plan Consultant or $100,000.00. Such amount shall be paid by the COUNTY to the CITY within ten (10) days of the CITY's invoice therefor, which invoices shall be rendered only after the CITY has received an invoice from the Master Plan Consultant for the services rendered. In the event that the CITY retains a Master Plan Consultant whose cost exceeds $200,000.00, CITY shall be solely responsible for the additional costs incurred above that amount; c) authorize its library department to assist and coordinate with the CITY's staff in order to assist the CITY in the completion of the Master Plan; 4 d) upon approval of the Master Plan, by appropriate CITY and COUNTY officials as appropriate, enter into an amendment to this Interlocal Agreement to provide for the design and construction of the Library and parking facility; and e) operate the Library as part of the Broward County Library System as long as this Agreement, and any amendment hereto, remains in effect and as it may be amended from time to time. ARTICLE 2 TERM This Agreement shall be non-terminable and non-cancelable for the duration of the services provided by the Master Plan Consultant pursuant to the RLI. The Parties otherwise covenant and agree that this Agreement provides a unique opportunity for the COUNTY and the CITY to engage in a long-term relationship to promote the best interests and education of the residents of the CITY and COUNTY and to provide a mechanism of financing and project development. In that regards the Parties further covenant and agree that they will utilize their best efforts to jointly negotiate an amendment to this Interlocal Agreement to provide for the design and construction of the Library and parking facility. ARTICLE 3 MISCELLANEOUS 3.1 Joint Preparation: The preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 3.2 Merger: This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matter contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all Parties to this Agreement. 3.3 Assignment: The respective obligations of the Parties set forth in this Agreement shall not be assigned, in whole or in part, without the written consent of the other party. 3A Recordation/Filin : The County Administrator as the Ex-Officio Clerk of the Broward County Board of County Commissioners is hereby authorized and directed after approval of the Agreement by the governing body of the City and the County and the execution thereof by the duly qualified and authorized officers 5 of each of the Parties hereto to file this Agreement with the Clerk of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 3.5 Notices: Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier evidenced by a delivery receipt, facsimile evidenced by a delivery receipt, or by an overnight express delivery service evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. Notice shall be effective upon delivery as evidenced by a delivery receipt. FOR COUNTY: County Administrator Broward County Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 With a copy to: Broward County Attorney's Office Suite 423, Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 6 With a copy to: Thomas J. Ansbro City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 3.6 Governing Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 3.7 Severability: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the CITY or the COUNTY elect to terminate this Agreement. An election to terminate this.Agreement based upon this provision shall be made within seven (7) calendar days after the court's determination becomes final. For the purposes of this section, "final" shall mean the expiration of time within which to file an appeal or the conclusion of any appellate proceeding and the granting of an order. In such event, the Parties agree to cooperate fully with the other to effectuate a smooth transition of services. 3.8 Amendments: Except as expressly authorized in this Agreement, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Parties. 3.9 Third Party Beneficiaries: Neither CITY nor COUNTY intends that any person shall have cause of action against either of them as a third party beneficiary under this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 3.10 Nondiscrimination: The decision of the Parties hereto regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16`/z), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 3.11 Gender: Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or 7 neuter gender in all situations where they would so apply, and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. 3.12 The Parties shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16'/2) in performing any services pursuant to this Agreement. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK 8 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action;, and the CITY OF DANIA BEACH, signing by and through its Mayor, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: County Administrator and Josephus Eggelletion, Jr., Mayor Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida day of 12007 Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By: George G. Lewis Assistant County Attorney day of 12007 9 CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CITY CLERK PAT FLURY, MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 10 CITY OF DANIA BEACH Agenda Item # ®. / 7 Agenda Request Database 1�w Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: �u,.,,,!�". ...1,.a�; ......a., .,, �..v;,�. I�./�.a��r' r.,,:.hr�/�.c/''a'%�.?.�e�,.a.,,,,;;�...�,.�.., ,u,..u,.,._w,�,� ��,!.'.,� ,✓✓''�„r'..�..� 2�iYl' ��"Nf''�a.,,,i✓.�u',,,...�r�., �� �:: .✓'.; .'.% ORDINANCE NO.2007-002 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY RENE MILLER WITH THE FIRM MILLER LEGG& ASSOCIATES,INC.,REPRESENTING THE PROPERTY OWNER,MARINA MILE PARK OF COMMERCE,LLC.,FOR THE"DJP AIRPORT WEST"PLAT,SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 26TH TERRACE BETWEEN SW 32ND STREET AND SW 33RD STREET,IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DJP AIRPORT WEST"PLAT;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. � ,IS AC ttons Vcsa „s A , z y What Action AGCOITIpillshes ,y ,, y�y 3 y . ..... . ..1 m �'� ,�x�,w,.,,�u, w� a d' Mill!i « PurchasNng'IequestS �. i01/ 1 Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ,�.,,.a,<,..,.a�r �,>�2.�,rdid/¢��,�.._...., �u,°� w,d�e,s„;i�.�i','v!r%.1. �v_,;F....».m`��„e::� x� dw .x._�,��'` "/D�/,�, .��ua,.�ii,�r;,i,..b,:i•y' � •i:c"�,..�u�/ PL-56-06: The applicant, Miller Legg &Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, is requesting a plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street(FIRST READING). `/,rrr .. 5 , / VIP r r s?a '4' s l�isca! Nmpact/Cost Summa 4 s ,. ,/ i rs� ,,.s, ,„. ..�.,w,,,.,s,„� n@i�M .�, b,;,✓ ., .(�iw. ''. .c�„ ,l. s�'.'.`��„ rc,,,r ! �„ �rgy� / d P',y .a "'�// / jj�/ Exhibits Attached i�a✓�ifyses�s� sr ✓/,/i///iG.G./!u.Ne.(/iN/�,ay.,,s..,.,_._.,,..,�1 ,<.. „Y;�u,�kyrr,�" .,aSs,�tsu:,.�a/ e.,r,�.�.. _._._,_.�-r .�✓�_.�, a.,lle..i! /.,�a� ,� aw�,,'a,�� aiic,L/.�� y Ordinance Staff Report Application Location Map Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 .s / / �r,_ sn i °i r: �f/r� s'/l%. "" �" r r r%� arr�r �✓'� i k Author►zed.Signatures r 9 m�,� w�»„�,�„o,�., .._�> ,..,, ;�,,,, i. ,,,,�„u ,r ,,,,<v�.�ma,..,� -�i �,�,/i,� .,,.. „r,�.,,1✓1/r'rr..,'. .� Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date s Y ;; 15 ,s t ro r `•rf, �C1Ity Cterk eii �y r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY RENE MILLER WITH THE FIRM MILLER LEGG & ASSOCIATES, INC., REPRESENTING THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC., FOR THE "DJP AIRPORT WEST" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 26TH TERRACE BETWEEN SW 32ID STREET AND SW 33RD STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DJP AIRPORT WEST" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat of "DJP Airport West" (PL-56-06), such property being generally located on the west side of SW 26'h Terrace between SW 32nd Street and SW 33rd Street, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the "DJP Airport West"plat, is accepted by the City of Dania Beach, Florida. Section 3. 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 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on 92007. PASSED AND ADOPTED on second reading on 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-002 EXHIBIT "A" "DJP Airport West" PLAT LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE-QUARTER (SE -A) OF THE SOUTHWEST ONE- QUARTER(SW '/4) OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST, TOGETHER WITH A PORTION OF TRACT 12 IN THE SOUTHEAST ONE-QUARTER (SE '/4) OF MAP OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST OF THE PLAT OF REED A. BRYAN'S SUBDIVISION OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST AS RECORDED IN PLAT BOOK 1, PAGE 101 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER (SE -A) OF THE SOUTHWEST ONE-QUARTER (SW '/4); THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ONE- QUARTER (SE '/4), NORTH 89°29'20" EAST 40.03 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID NORTH LINE NORTH 89°29'20" EAST 1,266.62 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER (SW '/4); THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER (SW '/4) OF THE SOUTHEAST ONE- QUARTER (SE 'A) OF SAID SECTION 20, ALSO BEING THE SOUTH LINE OF PARCEL A OF "ISGETTE'S RUNWAY" AS RECORDED IN PLAT BOOK 158, PAGE 18 BROWARD COUNTY RECORDS,NORTH 88°43'35" EAST 202.52 FEET; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF TRAM ROAD AS DESCRIBED IN DEED BOOK 47, PAGE 32 BROWARD COUNTY RECORDS, SOUTH 00°54'58" EAST 199.22 FEET TO THE NORTHEAST CORNER OF PARCEL I OF "RAVENSWOOD 26TH AVE, FLL AIRPORT PLAT(PLAT 7)" AS RECORDED IN PLAT BOOK 162, PAGE 9 BROWARD COUNTY RECORDS; THENCE ALONG THE NORTH LINE OF SAID PARCEL I, SOUTH 88°30'15" WEST 199.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL I; THENCE ALONG THE WEST LINE OF SAID PARCEL I, SOUTH 17'35'30" WEST 274.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL I; THENCE ALONG THE SOUTH LINE OF SAID PARCEL I, NORTH 88°30'15" EAST 286.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL I; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF TRAM ROAD AS DESCRIBED IN DEED BOOK 573, PAGE 112 BROWARD COUNTY RECORDS, SOUTH 00°53'43" EAST 125.00 FEET TO A LINE BEING PARALLEL WITH AND 100 FEET NORTH OF THE NORTH OF THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER (SW -A) OF THE SOUTHWEST ONE-QUARTER (SW -A) OF THE SOUTHEAST ONE-QUARTER (SE '/4) OF SAID SECTION 20, SAID LINE ALSO BEING THE NORTH LINE OF PARCEL H OF SAID "RAVENSWOOD 26TH AVE. FLL AIRPORT PLAT (PLAT 7)"; THENCE ALONG SAID NORTH LINE SOUTH 88°30'15" WEST 192.37 FEET TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL H, BEING A PARALLEL WITH AND 100 FEET NORTH OF THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER(SE '/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4 ) OF THE SOUTHWEST ONE-QUARTER (SW '/4) OF SAID SECTION 20, SOUTH 89°41'10" WEST 105.92 FEET; THENCE NORTH 00°48'11" WEST 110.51 FEET; THENCE ALONG THE NORTH BOUNDARY OF SAID PARCEL H, NORTH 76°15'15" WEST 293.77 FEET; THENCE CONTINUE ALONG SAID NORTH BOUNDARY, SOUTH 89°36'37" WEST 874.50 FEET TO THE EAST LINE OF A LANDSCAPE & RETENTION AREA AS SHOWN ON "PORT 95 COMMERCE PARK" AS RECORDED IN PLAT BOOK 144, PAGE 2 BROWARD COUNTY RECORDS; THENCE ALONG SAID EAST LINE, NORTH 02°43'28" WEST 400.17 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAIN 13.51 ACRES MORE OR LESS. 3 ORDINANCE#2007-002 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner . SUBJECT: PL-56-06: The applicant, Miller Legg & Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, is requesting a plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street (FIRST READING). PLAT (FIRST READING) A perimeter plat to allow the construction of 84,000 s.f of industrial use and 210,000 s.f. of office use. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The applicant is proposing a perimeter plat of the subject property. The note of the plat will restrict the use on the property to 84,000 square feet of industrial use and 210,000 square feet of office use on Parcel A, which is 13.5 acres. STAFF RECOMMENDATION Approval. PLANNING AND ZONING BOARD RECOMMENDATION On January 17, 2007 the Planning and Zoning Board recommended approval of the requested plat. Approval. O u M r.. M' 3WH14CMS: , �t9 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET "M I ................ MAY NM 4"PT N JA Route Date PZ Log PL-56-06 Project DJP Airport West PLAT(new name) Folio 50-42-20-00-0320 Marina Mile Park of Commerce 50-42-20-00-0330 1-42-20-00-0340 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail El Pick Up 71/ In-house ❑ Fire Marshal ❑ Landscape El BSO LJ Public Services Planner❑ Other Consultants OCGA Approved as submitted Denied El Comments must address prior F, Approved w/conditions 6 to PZ Commission hearing List Conditions Signature Date Date Print Name � MILLER' LEG August 30, 2006 Laurence Leeds, AICP Growth Management _- City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 RE: Marina Mile Park of Commerce Plat Project No: 06-00049 Dear Mr. Leeds: Per the application requirements of the City of Dania Beach, we are hereby submitting a request for the boundary plat for the aforementioned project. Enclosed with this letter are six (6) copies each of the completed applications, per the "General Development Application." Should you have any questions please do not hesitate to contact me at (954) 436-7000, Ext. 254. Regards, W Ren6e . Miller Planning RM/rm/ Attachments cc: Robert B. Miller Jose Acosta V:\Projects\2006\06-00049-Marina Mile Park of Commerce\Documents\Corres\Letters\06-00049(MMLLQ Submittal.doc IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. South Florida Office: 1800 N Douglas Road - Suite 200 - Pembroke Pines,Florida - 33024-3200 (954)436-7000 - Fax: (954)436-8664 www.millerlegg.com City of Dania Beach Florida Department of Community Development Planning and Zoning Division (954) 924-3545 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment M Plat ❑ Plat Delegation Request C` LI El Rezoning - -- - -- Date Rec'd: A ❑ Site Plan i ❑ Special Exception S E P 1 200o j Petition No.: ❑ Special Request i ❑ Trafg icway Waiver - ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: West side of SW 26 Terrace, between SW 32 Street and SW 33 Street Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name:AA Folio Number(s): 0220-00-0320 Legal Description: See Attachment 1 0220-00-0330 0220-00-0340 Applicant/Consultant/Legal Representative(circle one) Miller Legg &Associates, Inc. Address of Applicant: 1800 N. Douglas Road, Suite 200, Pembroke Pines FL 33024 Business Telephone: 954-436-7000(p); Home: NIA Fax: 954-436-8664 Name of Property Owner: Marina Mile Park of Commerce, LLC Address of Property Owner: 814 S. Military Trail, Deerfield Beach, FL 33442 Business Telephone: 954-596-2411 Home: N/A Fax: 954-480-6250 Explanation of Request: Boundary Plat Prop. Net Acreage: +/- 13.54 Gross Acreage: Prop. Square Footage: 294,000 square feet Existing use: vacant Proposed use: Industrial/office/research/marine use Is property owned individually, by a corporation, or a joint venture? joint venture I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name ®ate APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZE® SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of 20PLQ Signatu4: Date: 7'V(111 �JJ�t Renee M. Miller gn Name of Notary Public (Print Name) tote of(Flo2AdA - ) 1800 N. Douglas Road,Suite 200 '�20bmi, H. !�' �As Pembroke Pines, FL33024 Print Name of Notary Street Address, City, State and Zip Code Commissi 954-436-7000(p);954-436-8664(t) Seal: 'r'r"'�} MY COMMISSION N DD 542711 Telephone No. & Fax No. EXPIRES:April 20,2010 ERG, BaWsd Thru Notary Pudic Undwfi tms INDIVI®UAL OWNER NOTARIZE® SIGNATURE: N/A This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: NiA This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duty authorized officer, have authorized (Applicant/Consuitant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address,City,State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appiica ConsuRan epresentative) Miller Legg Legg&Associates Inc_ to make and file the a oresaid application. Sworn to and subscribed before me This. ,) day of J yam_20 Signature: Date: TV 2.0 6 -,T �., (Print Name)** �SlgnNa�meofotary Pub State of(Plorad a) 1At �Q Ur �e �C.C- Iro-J'hp er 1-4 Print Na ,. . Iu4CHELEMYTEDRICK eet Address,City,State anb Zip Code V-L 9 3L4 4 a-- �0 No"Pry-Stets of flortde Commis Is, SL 5 G C� a,� ) I G L/ y 19 0 &25 O Seal: Coerrrlarr d 00 45=1 lephone No. &Fax No. W B=kd fir Natlord Notry Aw. " **Each partner must sign. Attach duplicate sheets as required. to Irij 1;.13;" "A 1 -6 oa 6 *AFA All, mm; Al i i- L'o" jai KIL LA"A-� too .. ........ Iv gi ATTACHMENT 2 WAIVER OF NOTICE OF MEETING; UNANIMOUS WRITTEN CONSENT AND JOINDER BY WRITTEN RESOLUTION OF THE DIRECTORS OF MARINE MALE PARK OF COMMERCE, LLC The undersigned, being all of the Directors, do hereby waive any meetings, notice requirements and, without a formal meeting of the Hoard of Directors, do hereby join together in this document and take the following actions: The Directors authorize Robert B. Miller to execute the plat for Marina Mile Park of Commerce that relate to the Isgette and Naser parcels. Date: June 30,2 Date: June 30,2006 David L. ohn, Director _ George I. Platt, Director Date; June 30, 2006 John W. Dohm, Director IO'.A zL: i l 9007 S lnC S31d[IOSSIH 9931 a311IW 05:05 PM, Broward County Commission, Doc. D $11270.00 Deputy Clerk 1924 T L�S1, -0\0 ATTACHMENT 3 Thu bnwument Prepued By. John L Mum Ammey&t Law P.O.Boa 2435 Ltkelad,FL 33806-2435 DEED THIS INDENTURE, made this 1001 day of ►- 2006, between ROBERT ISGETTE, whose post office address is 1140 Colonial Avenue, Knoxville,TN 37917 and LAWRENCE B.ISGETIX JR.,whose post office address is 125 Mosier Lane, Melrose, FL 32666, AS TRUSTEES UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED JULY 7, 2004, Grantor joined by ROBERT ISGETTE, whose post office address is 1140 Colonial Avenue, Knoxville, TN 37917 as the sole surviving trustee under the will of Lawrence B. Isgette, deceased, the Testamentary Trustee; and MARINA MILE PARK OF COMMERCE, LLC, a Florida limited liability company, whose post office address is 814 South Military Trail, Building 6, Deerfield Beach,Florida 3344Z Grantee. WITNESSETH: That said Grantor and Testamentary Trustee,for and in consideration of the sum of Ten Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs, successors, and assigns forever, the following described land,situate,lying and being in Broward County,Florida,to-wit. SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Property Identification No`07?JOand 0220-00-0320 This conveyance is subject to the following: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to reimpose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2006 and subsequent years. "Grantor"and"Grantee"are used for singular or plural,as context requires. �yJ IN WITNESS WHEREOF,Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed in the presence of: ROBERT 1SGETTE, as Trustee under the provisions of a certain Trust Agreement dated July 7,2004,and sole surviving trustee under the will of Lawrence B. Isgette, 4 deceased ZZ zj.ncr --�L (Type or Prim Nun) STATE OF T=#Faq5F&Fl-a R/D A COUNTY OF&(nu)AR.'D The foregoing instrument was acknowledged before me on this the /U day of O air 41 . 2006 by ROBERT ISGETTE, as Trustee under the provisions of a certain Trust Agreement dated July 7,2004,and as sole surviving trustee under the will of Lawrence B. Isgette,deceased,who is personally known to me or who has produced A-V*y— as identification and who did(did not)take an oath. l r+pioi �ctanmlYA Lrk� NAY Public I, 1 Conrrsrs(en o01l�q it It i 1 14 U `ct N C Zf F?�Yf7 F1bgry 14.2W (PfW or Type Notm Num) Commission(Serial)Number (SEAL) My Commission Expires: 2 06 n C� LAWRENCE B.ISGEIT$ ,as Trust&under J Jr the provisions of a certain Trust Agreement V dated July 7,2004 rr ) (TAM a Prim Nw) SLATE OF FLORIDA COUNTY OF &owA k h CTX foregoing instrument was acknowledged before me on this the ���` day of 2006 by LAWRENCE B. ISGETM JR., as Trustee under the provision of a certain Trust Agreement dated July 7, 2004, who is personally known to me or who has produced A!!*u as identification and who did(did not)take an oath. Aa o NotVy Fublk mycowdaa Wl"M ;/!;t I Ya y L4A/C2 Feb my 14.7W (Prior or rMI NO-y Nam) Commission(Serial)Number: (SEAL) My Commission Expires: 3 EX Mrr A LEGAL DESCRIPTION; A PORTION OF THE SOUTHEAST ONE-QUARTER(SE 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF SECTION 20,TOWNSHIP 50 SOUTH,RANGE 42 EAST,AND BEING ALL MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHEAST ONE- QUARTER(SE 114)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF SECTION 20;THENCE NORTH 89.29'20"EAST ON THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER(SE 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF SECTION 20,A DISTANCE OF 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89"29'20"EAST ON THE SAID NORTH LINE,A DISTANCE OF 889,95 FEET;THENCE SOUTH 0"30'40"EAST A DISTANCE OF 401.65 FEET;THENCE SOUTH 8903344"WEST A DISTANCE OF 874.17 FEET; THENCE NORTH 02"43'28"WEST,ON THE EAST RIGHT-OF-WAY LINE OF S.W. 30th AVENUE,AS SHOWN ON PORT 95 COMMERCE PLAT,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 144,PAGE 2,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA,A DISTANCE OF 400.83 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE,LYING AND BEING IN THE CITY OF DANIA,BROWARD COUNTY,FLORIDA AND CONTAINING 353841 SQUARE FEET(8.123 ACRES) MORE OR LESS. FTLDOCS 5127705 1 ub:ub em, tirowara County Commission, Doc. D 40.YU Deputy Cierk 1924 ^4 J This Instrument Pmn and By and Return to: Anitra D.Lanezi,Esq. Shutts&Bowen LLP 200 East BTOWard Blvd. Suite 2100 Fort Lauderdale,FL 33301 CORRECTIVE OUPT CLAIM DEED Property Appraiser's Parcel Identification(Folio)Number. 504':,Ip QQ3*and SO421- This Quk Claire Deed is made as of the 1st day of March,2006 by DIP Airport West,LLC,a Florida limited liability company with its principal place of business at 814 South Military Trail, Building 6, Deerfield Beach, FL 33442, (the "Grantor') to Marina Mile Park of Commerce, LLC; a Florida limited liability company with its principal place of business at 814 South Military Trail,Building 6,Deerfield Beach,FL 33442(the"Grantee'j. (Whenever used herein the terns "grantor"and"grantee"include all the parties to this instrument and their heirs,legal representatives and assigns) WPPNESSETH: That the Grantor, for and in consideration of the sole membership in Grantee and without additional consideration and not pursuant to a sale, receipt whereof is hereby acknowledged,hereby convey and confirm unto the Grantee all of the right,title and interest of the Grantor in and to that certain parcel of land situated in Broward County,State of Florida and more particularly described on Exhibit A attached hereto: TOGETHER,with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. THIS DEED IS BEING RECORDED TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION OF THAT CERTAIN QUIT CLAIM,DEED RECORDED MARCH 3,2006 IN OFFICIAL RECORDS BOOK 41567, PAGE 1925 OF THE OFFICIAL RECORDS OF BROWARD COUNTY. 1 of 4 Cq)FTLDOCS 31277a3 2 IN WM-1ESS WHEREOF, the said Grantor has signed and scaled these presents the day and year first above written. i ed'n the prese a DJP Airport West,LLC By: Si ature Georg 1 ,Authorized Member 4 .0 (i. �0 814 0 litary Trail,Building 6 Printed Signature V D fi each,FL 33"2 0 Sign�t um A n<ha D lw,.�zr Printed Signature NOTE TO RECORDER: This deed is being recorded to effect a transfer of an entire interest in the real property transferred hereby to the grantee by the grantor which is the sole member of the grantee. Immediately prior to this transfer, the real property being transferred hereby was not encumbered by a mortgage or other similar lien.. As a result,only minimal documentary stamp taxes in the amount of $0.70 are being paid hereon (See Crescent Miami Center. LLC v. Department of Revenue.903 So.2d 913(Fla.2005). STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this !Ol''day of JX44xA, 2006 by George I.Platt,Authorized Member of DJP Airport West,LLC, who[41vas personally (mown to me or who[ ]produced as identification. My Commission Expires:g 4W e ,'jkV .o tee Signature Notary PCutblia,!roward County,Florida oorMN E*"F8*My 34.mor n i ha l7. La K C T Print Notary Name 2 of 4 FTLDOCS 5127793 2 �neL nFcrRIpTION: ' A PORTION OF TRACT 12,OF THE SOUTHEAST ON (SE 1/4)OF MAP OF SEC. 20,TOWNSHIP 50 SOUTH,RANGE 42 EAST,OF THE PLAT OF REED A.BRYAN'S, SUBDIVISION OF SECTION 20,TOWNSHIP 50 SOUTH,RANGE 42 EAST AS RECORDED-IN PLAT BOOK 1,PAGE 101.OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. TOGETHER WITH: A PORTION OF THE SOUTHEAST ONE-QUARTER(SE 1/4)OF THE SOUTHWEST ONE- QUARTER(SW 1/4)OF SECTION 20,TOWNSHIP 50 SOUTH,RANGE 42 EAST,AND BEING ALL MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHEAST ONE-QUARTER (SE 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF SECTION 20,THENCE NORTH ang7o, ON THE NORTH LINE OF TE SAID SOHEAST ONE-QUTER(SE OF THE SOUSTHWEST ONE-QUARTER(SW H/4)OF S CTION 20,A DISTANCE OF 929 9/8) FEET.TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH B9.29'20"EAST ON THE SAID NORTH LINE,A DISTANCE OF 376.W FEET TO THE NORTH EAST CORNER OF THE SOUTHEAST ONE-QUARTER(SE 1/4)OF THE SOUTHWEST DNE-QUARTER(SW 114) OF SAID SECTION 20;THENCE NORTH 88.43'35'EAST,ON THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF THE SOUTHEAST ONE-QUARTER(SE 1/4)OF SAID SECTION 20,A DISTANCE OF 202.58 FEET;THENCE SOUTH 00'64'58"EAST ALONG THE WEST RIGHT-OF--WAY LINE OF TRAM ROAD,AS RECORDED IN D EED BOOK 573, PAGE 112 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA,A DISTANCE OF 199.22 FEET;THENCE SOUTH 88'30'15'WEST,A DISTANCE OF 199.03 FEET TO A POINT ON THE EAST LINE OF THE SAID SOUTHWEST ONE-QUARTER(SW 1/4)OF SECTION 20, THENCE SOUTH 17'3V30'WEST,A DISTANCE OF 275.12 FEET;THEN CE NORTH 8693011W EAST,A DISTANCE OF 256.43 FEET;THENCE SOUTH 00.54158"EAST ALONG THE SAID WEST RIGHT=OF-WAY LINE OF TRAM ROAD,A DISTANCE OF 125.00 FEET;THENCE SOUTH 88'3715'WEST,ON ALINE 100.00 FEET NORTH OF(AS MEASURED ON THE WEST LINE)AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF THE SOUTHEAST ONE- QUARTER(SE 1/4)OF SAID SECTION 20,A DISTANCE OF 192.36 FEET;THENCE SOUTH 89'3T48'WEST,ON A LINE 100.00 FEET NORTH OF(AS MEASURED U THE EAST AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST ONE. -QUAARTER(SE 1/44))OF O THE SOUTHEAST ONE-QUARTER(SE 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 1/4) i OF SAID SECTION 20,A DISTANCE OF 105.97 FEET;THENCE NORTH 00'48'1 l"WEST,A DISTANCE OF 110.51 FEET;THENCE NORTH 76'16'15"WEST,A DISTANCE OF 293,77 FEET;THENCE NORTH 0'30'40"WEST,A DISTANCE OF 401.65 FEET TO THE POINT OF BEGINNING. II TOGETHER WITH A PORTION OF PARCEL"A","ISGETTE'S RUNWAY', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158,PAGE 18 OF THE PUBLIC. RECORDS OF BROWARD COUNTY,FLORIDA,DESCRIBED AS FCLLOW S: BEGIN AT THE SOUTHEAST CORNER OF SAID PARCEL"A";THENCE ALONG THE SOUTH LINE OF SAID,PARCEL"A',SOUTH 88.43'35"WEST 187.58 FEET;THENCE ALONG THE SOUTHERLY PROLONGATION OF AN EAST LINE OF SAID PARCEL IN', NORTH 01'55'03' j WEST 7.44 FEET TO A CORNER OF SAID PARCEL"A';THENCE ALONG THE BOUNDARY OF SAID PARCEL"A",NORTH 88'49'41'EAST 167.71 FEET TO A CORN ER OF SAID PARCEL"A THENCE ALONG THE EAST LINE OF SAID PARCEL"A",SOUTH 00'54.58" EAST 7.11 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE,LYING AND BEING IN BROWARD COUNTY,FLORIDA,AND CONTAINING 5.423 ACRES,MORE OR LESS. 30F4 i And Broward County Property Appraiser Parcel ID No,504220000320 20-50-42 S1/2 OF N1/2 OF SEl/4 OF SW1/4 LESS PT INC IN OR 2879 PG 330 &LESS PT INC IN ORS 13794/45&20693/573&S 100 OF W1/2 OF NW1/4 OF SW1/4 OF SEl/4 LYING W OF TRAMWAY RD AKA: PARCEL 2 ON SURVEY LESS ORS 8536/250&20693/573 4 of 4 FTLDOCS 5127783 2 CITY OF DA IA BEACH Agenda Item # �= 9 Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ® Presentation ❑ Continued from: -15 .�Cz, e� a �opr�a,.�_,...#ct�ona�,r,Mld .... 31' .,, 3�Ree �� h..,....Award bid for Solar Lighting Project �!/hy,Action is Necessary 33 M � � W ... . 1 $ > To start work on western areas; lighting project is to meet CDBG deadlines aw a#'Action Accom lashes 3 Pam. ',., s. �� �__q� ___ F...�.. . gr..� �. ,max.,,. ft �_ �_ �, Allows this Department to move forward quickly in meeting our goals and deadlines for implementing our street lighting program Purchas�ngggRequests3 ORILY � � .,.. ` .. ..a� Dept: 4101 Public Services Streets Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stoyrmwater: ❑ Grants: ® Capital: ❑X a� Jl �Summar,� xpianationlBad ground �, See memo rs f g}xff r e Vi i� tr f M; Ady�r } F1sc al,Impactf os Summary � y „ � � H ���. ... ..a.. ,,.F. �,� x_.. ,.,, . .m, „ ... ... Gas Tax funds Exh�ibit�Attached � �� Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Auth.' UWFSignatures }},, � R,. �.,�,,,. Submitted by Leo Williams Date 01/30/07 Department Director Dominic Orlando Date 01/30/07 HR Director Date Finance Director Patricia Varney Date 01/30/07 City Attorney Thomas J. Ansbro Date 01/31/07 City Manager Ivan Pato Date 01/31/07 011 7 a CityClerk U`e 4 W �� � . . �. , k.�.� �� •'' Bra 3P �° r. �.r..'„v,:.�,ua...,' Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR SOLAR STREET LIGHTING; AUTHORIZING THE AWARD OF BID TO CAPRI INDUSTRIES INC. FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE PURCHASE AND INSTALLATION OF THE SOLAR LIGHTS IN THE AMOUNT OF $1,077,390.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDE FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On January 26, 2007, the City received bids for the Solar Lighting Project; and WHEREAS, the scope of services for this project involves the purchase and installation of solar lights in the western part of the City as designated by Chen and Associates, Inc.; and WHEREAS, the following bids were submitted: CAPRI INDUSTRIES INC. $1,077,390.00 HORSEPOWER ELECTRIC, INC. $1,341,980.08 ADVANCED MANAGEMENT SERVICES, INC. $1,347,937.00 ; and WHEREAS, the City bid selection team, including the project management and design consultants, recommend that the low bidder, Capri Industries Inc., be selected to perform the work and the bid be awarded to that company in the amount of$1,077,390.00; and WHEREAS, funding from the 32nd Year Community Development Block Grant will fund $548,966.00 of the cost of this project and the City Commission has approved an allocation up to $160,000.00 from the Neighborhood Improvement General Obligation Bond Program funds, on December 30, 2005 of which $5,908 has been expensed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That the bid shall be awarded to the low bidder, Capri Industries Inc. in the amount of$1,077,390.00 and the proper City officials are authorized to execute the contract for the work; provided, however that no contract will become effective unless and until City officials complete their execution of it. Section 3. That in addition to the funding identified above, the Director of Finance is authorized to appropriate $374,332.00 from the 3 cents gas tax for the remaining required funding. Section 4. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. Section 5. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 6. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-032 r� A Mimi City of Dania Beach F Department of Public Services �����••��� 100 West Dania Beach Blvd • Dania Beach, FL• • � • 33004 (954)924-3741 (954)-923-1109(fax) TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: January 26, 2007 RE: Approval of Bid Award to Capri Industries, Inc. for Solar Lighting Project Introduction and Background On January 26, 2007, the City received bids for Solar Lighting Project. The scope of services for this project involves the installation of solar lights on streets in the western portion of the City. The work was designed by Chen & Associates (attachment A shows the area where the lights will be installed). The bids were submitted as follows: Capri Industries, Inc. $1,077,390.00 Horsepower Management Services, Inc. $1,341,980.08 Advanced Management Services, Inc. $1,347,937.00 * Advance Management Services did not submit a Bid Bond. This bid will NOT be considered. The City bid selection team, including the project management and design consultants, recommend that the low bidder, Capri Industries, Inc. be selected to perform the work and the bid be awarded to that company in the amount of$1,077,390.00. The City has funds appropriated for this purpose from its recent GO Bond issue. Also, funds are available from the CDBG and 3 cent gas tax. Solar Light Award 1-26-07 Page 1 12 int, City of Dania Beach Department of Public Services .� p 100 West Dania Beach Blvd Dania Beach, w ..0 FL 33004 • (954)924-3741 •(954)-923-1109(fax) Recommendation It is recommended that the City Commission approve a resolution to award the project to the low bidder, Capri Industries, Inc. in the amount of $1,077,390.00 and authorize the City Manager to execute the documents. Solar Light Award 1-26-07 Page 2 t -�� `�.. .. �x.� �•da. � �� � �}"r v3 �r �<,�d - ,� t� � �Py��x�� �� Y z� a . .„ g� s gr ' El g 'wAN w �- "�^a; e�.»��� v K, _ A ^, �w�m� � (•J a f.;� ����� a �' �., w �'� �i .�_ �- v.:� c z'.:�,iN"w ,}.: �'a & i a�a- -� C (��� t:� "��- `� ':' 4.� 'Sm�^sy..,,hy;ht "�x � s` F a?M",w�''� •r'�.a p��� a,� �� �� �- � �� .2 3 S �� 0 s5 v x F y�° ' ' iA {. ''¢ a-a, �"� �:� L 4a',��.h'«f^; a y4 a � to �. ��� ��, •` '< `^.�r��� , as nw, a.�s �,,�>.LLr �s: ,�- a j�d ,E.x �,�}� �. �,��.. 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CITY OF DANIA BEACH Agenda Item# a Agenda Request Item Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ® Presentation ❑ Continued from: i s nested ACttOn (IdenfitYappropnate Action'ar Mopon� Award Bid 1 +�,y Ac#ion ispidecessary fr To facilitate repairs to fencing damaged by Hurricane Wilma kmn a F hja#Action AccomplishesIn, .; � 01, ` Purchas�ng RequestsONLY � C Dept: 3902 PS Construction & Maintenance Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �Smmary Explanation/Background See Memo fiiscal Impact/Cost Summary FEMA and possible Hurricane Budget ,§�� clt bits "ttached Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �Atahorized Signatures � � Submitted by Leo Williams Date 02/13/07 Department Director Date Assistant City Manager Colin Donnelly Date 02/13/07 HR Director Date Finance Director Patricia Varney Date 02/13/07 City Attorney Thomas J. Ansbro Date 02/13/07 City Manager Ivan Pato Date 02/13/07 V ,✓til li�Se �., J' t E T 1, .._,.iY Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO TROPIC FENCE, INC. IN THE AMOUNT OF $27,863.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, replacement and installation of fencing was part of the Hurricane Wilma repair project; and WHEREAS, FEMA has written a work order for high steel fence repairs in the amount of$43,193; and WHEREAS, the City has decided it is in the best interest for the neighborhood to install a chain link fence; and WHEREAS, on February 9, 2007, the City received bids for C.W. Thomas Park Fence Removal, Replacement and Repair Project; and WHEREAS,there were two bidders for the project; and WHEREAS,the bids were evaluated as follows: Tropic Fence, Inc. $27,863.00 Fence Masters, Inc $36,837.00 WHEREAS, the City bid selection team recommends that the low bidder, Tropic Fence, Inc., be selected to perform the work and that the bid be awarded to that company in the amount of$27,863.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That the bid shall be awarded to the low bidder, Tropic Fence Inc. in the amount of$27,863.00 and the proper City officials are authorized to execute the contract for the work; provided, however, that no contract will become effective unless and until City officials complete execution of it. Funding for the contract shall be derived from FEMA and any cost not reimbursed by FEMA will be derived from the hurricane expenses line item of the City budget. Section 3. That all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. Section 4. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 52007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-040 r 3 1`:fa City of Dania Beach Department of Public Services Dania Beach Blvd •Dania Beach, FL 3300� ��� � 100 West D 4 •(954)924-3741 (954)-923-1109 (fax) TO: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Colin Donnelly, Assistant City Manager BY: Leo Williams, Superintedent of Public Services Date: February 12, 2007 RE: Approval of Bid Award to Tropic Fence, Inc. for Fence Repairs Introduction and Background On February 9, 2007, the City received bids for C.W. Thomas Park Fence Removal, Replacement, and Repair Project. The scope of services for this project involves the installation of fences in C.W. Thoams Park to replace fencing that had been destroyed by Hurricane Wilma. The bids were submitted as follows: Tropic Fence $24,688.00 plus $3,175.00 removal Fence Masters $36,837.00 The City bid selection team has chosen Tropic Fence for this work and recommends awarding the bid to them since they are the lowest responsive bidder. The City has approval from FEMA for these repairs and funding will be from FEMA reimbursement and if necessary the Wilma Hurricane Budget Fund. Tropic Fence Award 2-12-07 Page 1 e ORDINANCE 2007-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 17-19.1 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "GASOLINE AND OTHER PETROLEUM PRODUCTS PROHIBITED IN RESIDENTIAL AREAS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Section 17-19.1 of the City Code of Ordinances is repealed in its entirety. Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall take effect immediately at the time of passage and adoption. PASSED on first reading on January 23, 2007. PASSED AND ADOPTED on second reading on 52007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: •RequestedgA►ctlon � (Idenfity�appropnate Act�artorxMotion� ;� � �� "b;� P� ;� , � �'� � �� �' �y ORDINANCE NO. 2005-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. F What, Acc`.omplishes? ', r Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Adoption of Transportation Element of the Comprehensive Plan (Second Reading) ar„� � � � ,� �� Fis�atlmpactlGostSummaryw �� ,�� , ExhbitsAftactie'd � � �Ull Ordinance Staff Report Comprehensive Plan Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2005-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to amend the Transportation Element of its Comprehensive Plan; and WHEREAS, the City of Dania Beach Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing and determined that the proposed amendment is consistent with the goals and objectives of the City of Dania Beach Comprehensive Plan and, therefore, recommended approval of the proposed amendment; and WHEREAS, the City Commission of the City of Dania Beach held a duly noticed public hearing regarding the proposed amendment, and determined that the amendment is in the best interest of the City's public health, safety and welfare and should be adopted pursuant to Chapter 163, Florida Statutes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the amendments to the Transportation Element of the City of Dania Beach Comprehensive Plan are adopted, and a copy of the Element is attached and incorporated by this reference. Section 2. That the effective date of this amendment shall be after the second reading and adoption of the amendment by the City Commission and, subsequently, the date a final order is issued by the Florida Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163, Florida Statutes; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163, Florida Statutes. PASSED on first reading on July 26, 2005. PASSED and ADOPTED on second reading , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE 92005-029 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: Adoption of Transportation Element of the Comprehensive Plan (Second Reading) APPLICANT: City of Dania Beach State law requires the Dania City Commission to adopt a "Transportation Element"; a component of the Comprehensive Plan. The Draft Element was initially approved by both the Planning and Zoning Board and the City Commission for transmittal to the State of Florida for multi- jurisdictional state review. The Florida Department of Community Affairs ("DCA") required substantial revisions to the document in 2006. The DCA plan reviewer who recommended approval of the City's June 2006 Draft is no longer employed by DCA. STAFF RECOMMENDATION Approval. DRAFT FEBRUARY 14, 2007 TRANSPORTATION ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN Community Development Department City of Dania Beach TABLE OF CONTENTS CHAPTER 1 HISTORICAL SUMMARY OF COUNTY-WIDE MODELING ANALYSIS Introduction 1-1 A. Intergovernmental Coordination 1-2 B. Selecting the Land Use Pattern 1-2 C. Land Use Intensities 1-5 D. Travel Demand Forecasting Model 1-6 E. Preliminary Modeling Results 1-8 F. Final Modeling Results 1-11 G. Future Land Use Implications and Recommendations 1-13 CHAPTER II DATA REQUIREMENTS A. The Transportation System 11-1 1. Roadway Network 11-1 2. Public Transit Network 11-9 3. Bicycle Network II-15 4. Airports and Related Facility Services II-16 5. Intermodal Terminals and Access to Intermodal Facilities II-17 B. Transportation Level of Service Standard 11-18 1. Roadway LOS Standards II-18 2. Concurrency Management System II-19 CHAPTER III DATA ANALYSIS REQUIREMENTS A. Land Use and Transportation Interaction III-1 1. Growth Trends and Travel Patterns III-1 2. Establishment of Community Redevelopment Area and Local Activity Center Land Use III-2 Designation 3. Availability of Transportation Facilities and Modes To Serve Existing Land Use III-2 4. Adequacy of Transportation System for Evacuation III-4 5. Compatibility of Fort Lauderdale/Hollywood International Airport with Adjacent III-5 Development in the City of Dania Beach B. Existing Transportation System Level of Service and System Needs 1. Roadway Network III-6 2. Public Transit Network III-7 C. Projected Transportation System Levels of Service and System Needs III-8 i TABLE OF CONTENTS 1. Roadway Network III-8 2. Public Transit Network III-11 3. Bikeways Network III-12 4. Pedestrian Network III-13 5. Railways Network III-13 6. Intermodal Facilities III-13 D. Maintaining the Adopted Level of Service Standards III-14 1. Concurrency Management System. III-14 2. Transportation System Management III-15 3. Transportation Demand Management III-16 4. The Florida Intrastate Highway System III-17 5. Transportation Concurrency Exception Areas III-18 6. Transit Oriented Concurrency III-18 E. Consistency Between the Future Transportation Element with Future Land Use Element and III-19 Other Plans 1. The Future Land Use Element III-19 2. Broward County Land Use Plan III-20 3. Long Range Transportation Plan III-20 4. Year 2030 Cost Feasible Plan III-21 5. Florida Department of Transportation Adopted Work Program III-22 6. Transportation Improvement Program III-22 7. Port Everglades Master Plan III-22 8. Tri-County Rail Transit Development Plan III-22 9. Broward County Bicycle Facilities Network Plan III-22 10. Broward County Five-Year Pedestrian Facilities Development Program III-22 11. Fort Lauderdale-Hollywood International Airport III-23 CHAPTER IV GOALS, OBJECTIVES, AND POLICIES Objective I IV-1 Objective II IV-10 Objective III IV-11 Objective IV IV-12 Objective V IV-14 Objective VI IV-14 Objective VII IV-16 Objective VIII IV-17 ii TABLE OF CONTENTS Objective IX IV-17 CHAPTER V Definitions V-1 Acronyms and Abbreviations V-9 LIST OF TABLES Table 1-1 Preliminary Results of 2015 Model Runs 1-9 Table 1-2 Final Results of 2015 Model Runs 1-2 Table 2-1 Federal Functional Classification System II-2 Table 2-2 Functional Classification by Trip Purpose II-3 Table 2-3 Functional Classification of Major Dania Beach Roadways II-4 Table 2-4 Florida Intrastate Highway System II-5 Table 2-5 Hurricane Evacuation Routes II-8 Table 2-6 Bridges Critical to Hurricane Evacuation II-9 Table 2-7 Bus Stop Inventory II-10 Table 2-8 Fixed Public Transit Routes Exceeding the Load Factor One II-11 Table 2-9 Tri-Rail Feeder Bus Service II-12 Table 2-10 Local Bus Service II-13 Table 2-11 Generalized Two-Way Peak Hour Volumes for LOS D II-19 Table 3-1 2004 Peak Hour Conditions III-6 Table 3-2 Projected 2015 Peak-Hour Traffic Volume and Capacity III-8 Table 3-3 2030 Peak Hour Conditions III-8 Table 3-4 Broward County Transportation Improvement Program (FY 2006/07 — III-9 FY 20010/11) Table 3-5 BCt Transit Service Coverage III-11 iii LIST OF MAPS Map 2-1 Existing Road and Parking Facilities Map 2-2 Existing Public Transit, Railway and Intermodal Facilities Map 2-2.1 Broward County Transit Route Map - Existing Routes Map 2-2.2 Transit Route Coverage Map Map 2-2.3 Community Bus Route Map Map 2-3 Existing Major Public Transit Generators And Attractors Map 2-4 Significant Bikeways Map 3-1 Over-Capacity Roadways and Affected Areas of Development Map 3-2 Future Public Transit, Railway and Intermodal Facilities Map Map 3-3 Future Major Public Transit Generators And Attractors Map 3-4 Community Redevelopment Agency and Local Activity Center iv Transportation Element I. HISTORICAL SUMMARY OF COUNTY-WIDE MODELING ANALYSIS INTRODUCTION This Transportation Element is one portion of the Comprehensive Plan for the City of Dania Beach. It includes the planning for all forms of transportation with emphasis upon public transportation. Dania Beach is located within the geographic boundaries of the Broward County Metropolitan Planning Organization. Because of this location, the Transportation Element includes planning and analysis in the following areas: traffic circulation; mass transit; ports; airports; bicycle facilities; provisions for pedestrian movement and provisions for hurricane evacuation. This Element is comprised of a Historical Analysis of County-Wide Transportation Modeling (Section 1), Data and Analysis (Sections II and III), and Goals, Objectives and Policies (Section IV). The final chapter (Section V) is a listing of definitions intended to assist the reader in understanding the technical terminology used within this Element. There is also, within this Element, a series of maps that support the data and analysis. These maps will aid the reader in further understanding the location, inter- relationships and complexities of the various modes of transportation utilized within Dania Beach. Another important aspect of this Element is that it be consistent with the rest of the City's Comprehensive Plan Elements. Within the other Elements of the Comprehensive Plan are policies that relate to transportation. These policies have been identified and repeated within this Element to ensure that issues raised elsewhere in the Comprehensive Plan are addressed in a consistent manner. The minimum requirements of what is to be contained within the Transportation Element are outlined in Rule 9J-5 of the Florida Administrative Code. These standards are very broad, yet provide for very complex analysis. Addressing these requirements would be financially burdensome upon Dania Beach, if the City was required to under-go the required transportation modeling on its own. As such, several cities have joined with the County in cooperatively modeling the transportation system. It is the results of this joint effort that forms the basis of the data and analysis within this Transportation Element. The following is a discussion of how that process was conducted and the results that were produced. I-1 Transportation Element A. INTERGOVERNMENTAL COORDINATION On March 24 and July 29, 1997, the Department of Community Affairs ("DCA") met with the Broward County League of Cities Technical Advisory Committee (TAC), of which Dania Beach is a member. The TAC noted that it was not practical for each of Broward County's 29 municipalities to independently model changes to land use intensities and that a coordinated county wide effort would be preferred, with Broward County taking the lead. The TAC further noted that the Evaluation and Appraisal Report amendment schedule did not promote a coordinated approach. As a consequence, the DCA, Broward County, and the TAC negotiated an agreement that would allow the municipalities to adopt their Transportation Element subsequent to Broward County's adoption of its Transportation Element, thereby allowing each municipality to consider the impacts an increase in land use intensities would have on public transportation. The TAC also established a Transportation Element subcommittee to assist it in implementing Subsection 163.3177(6)(j) 8., FS. The following TAC subcommittee consists of representatives from the following cities: • City of Deerfield Beach • City of Hallandale Beach City of Hollywood City of Cooper City • Town of Davie • City of Plantation Broward County Planning Council • South Florida Regional Planning Council B. SELECTING THE LAND USE PATTERN. Monday, August 25, 1997, the Transportation Element subcommittee ("TE subcommittee") met to consider the selection of alternative future land use scenarios for modeling purposes. Seven (7) future land use scenarios were provided for their consideration and members were encouraged to develop additional scenarios. The seven (7) initial scenarios provided for discussion included: • Scenario 1 : The 2015 long-range This approach would apply the future land uses as shown on the Broward County Land Use Plan to the 2015 roadway network in order to determine the impacts to the roadway and public transportation network. This 1-2 Transportation Element scenario is equivalent to the "do nothing" approach and could serve as the baseline for comparison with other scenarios. • Scenario 2: The Florida Department of Transportation's (FDOT) designated public transportation corridors The MOT designated and proposed for designation various corridors as public transportation corridors. This approach would raise densities and intensities along those corridors designated or proposed for designation by the FDOT. The criteria for MOT designation is primarily whether a public transit route has a ridership of 5,000 persons daily along a corridor. • Scenario 3: Municipal designated public transportation corridors This approach would require every municipality to review their future land use maps and determine which corridors are appropriate for higher densities and intensities. • Scenario 4: Modified municipal designated public transportation corridors This approach would require every municipality to review their future. land use maps and determine which corridors are appropriate for higher densities and intensities. This map would then be modified by vote of the TAC, or some other entity, to assure continuity of corridors. • Scenario 5: Exclusive public transportation corridor mixed use nodes The only exclusive public transportation corridor is Tri-Rail. This approach would increase densities and intensities within a quarter mile radius of a Tri-Rail terminal. • Scenario 6: Regional Activity Center This "node" approach would increase densities and intensities within Broward County's Regional Activity Centers (RACs). • Scenario 7: Criteria based corridors This approach would require that criteria be established that would be used in identifying a public transportation corridor (similar to the FDOT), and then applying these criteria to see which corridors would be affected. Densities and intensities along these corridors would be increased. 1-3 Transportation Element At the meeting, the subcommittee members present proposed five additional scenarios for consideration. These scenarios included: • Scenario 8: Scenario 2 plus or minus Scenario 3 This approach would raise densities and intensities along those corridors designated by the MOT as modified by the municipalities. A municipality could either add corridors to those already designated by the FDOT or delete portions of the designated FDOT corridors. • Scenario 9: Scenarios 5 plus 6 This approach would increase densities and intensities within a '/a mile radius of a Tri-Rail terminal and increase densities and intensities within Broward County's RACs. • Scenario 10: Broward County Thoroughfare Plan Buildout Model This approach would apply the future land uses as shown on the Broward County Land Use Plan to the buildout roadway network as shown on the Thoroughfare Plan and determine the impacts to the roadway .and public transportation network.-.This scenario also is equivalent to a "do nothing" approach and could serve as an alternative baseline to Scenario 1 . • Scenario 11: Scenario 6 plus the proposed Davie RAC plus the Fort Lauderdale-Hollywood International Airport, and Port Everglades This approach would increase densities and intensities within Broward County's RACs, the proposed Town of Davie RAC, the Airport and Port Everglades. • Scenario 12: Scenario 5 plus Scenario 11 This would add the Tri-Rail corridor to Scenario 11 . After a brief presentation of each scenario and discussion among the subcommittee members of the merits of each scenario, members were asked to select four alternatives from the list of 12. The preferred or first alternative would receive 4 points, the second alternative 3 points, the third alternative 2 points, and the final alternative 1-point. The top three scenarios would be taken to the TAC as the subcommittee's recommendation. The top three scenarios each received a total of 20 points. These three scenarios were: 1-4 Transportation Element • Scenario 10: Broward County Thoroughfare Plan Buildout Model This approach would apply the future land uses as shown on the Broward County Land Use Plan to the buildout roadway network as shown on the Thoroughfare Plan and determine the impacts to the roadway and public _.~ transportation network. This scenario also is equivalent to a "do nothing" approach and could serve as an alternative baseline to Scenario 1 . • Scenario 8: Scenario 2 plus or minus Scenario 3 This approach would raise densities and intensities along those corridors designated by the FDOT as modified by the municipalities. The FDOT public transportation roadway corridors include three (3) previously designated roadway corridors (i.e., Hollywood Boulevard/SR 820, Broward Boulevard/SR 842, and University Drive/SR 817), three (3) proposed roadway corridors (US 441/SR 7, Oakland Park Boulevard/SR 816, and Sample Road/SR 834), and the Tri-Rail Commuter Corridor. The subcommittee did not recommend modifying these corridors, with the consequence that Scenario 8 was equivalent to Scenario 2. • Scenario 12: Scenario 5 (Tri-Rail) plus Scenario 11 This approach would increase densities and intensities within Broward County's RACs, the proposed Town of Davie RAC, the Fort Lauderdale- Hollywood International Airport, Port Everglades, and within '/a mile radius of a Tri-Rail terminal. The TAC at their September 8, 1997 meeting, with one exception, ratified the TE subcommittee's three (3) preferred scenarios The Fort Lauderdale Beach RAC was excluded from Scenario 8 because increased densities in this area are inconsistent with state planning law. Subsequently, the Broward County Transportation Planning Division, which serves as staff to the Metropolitan Planning Organization ("MPO"), notified the TAC that Scenario 10 (i.e., Buildout) could not be used as a baseline because the travel demand-forecasting model does not provide buildout public transit data. Consequently, Scenario 1, the 2015 Long-Range Plan, was chosen as the baseline to replace Scenario 10. C. LAND USE INTENSITIES The Transportation Element subcommittee met to consider the appropriate land use intensities to be used for Scenario 8, the corridor approach, and Scenario 11, the "node" approach. 1-5 Transportation Element A literature search was conducted to find the minimum land use intensities that would support public transit for the corridor and node approach. The literature revealed that average residential densities of at least seven dwelling units per acre (7 du/ac) within the service area of a route are considered the minimum level to justify the use of local bus routes with 30 minute headways, whereas densities of 15 dwelling units per acre are needed for 10 minute headways (See E. Kadesh, Encouraging Public Transportation Through Effective Land Use Actions, Municipality of Seattle, U.S. Department of Transportation, 1987; and B.S. Pushkarev and J. M. Zupan, Public Transportation and Land Use Policy, Indiana University Press, Bloomington, 1977). Broward County...Transit (BCt) operates many routes on 30-minute headways and, as a consequence, a density of eight (8) dwelling units per acre was chosen as the land use intensity for the corridor approach. To implement this land use intensity,"densities were increased in all those traffic analysis zones (TAZs) with '/a mile.of the.identified_transit corridor. The literature was sparse for minimum land use intensities in nodes needed to support public transportation. The sole source found was Robert Cervero's Transit Villages in the Twenty First Century. Mr. Cervero found that minimum densities of 12 dwelling units per acre (as well as 40,000 square feet of commercial space and a regional attraction) were necessary to support a transit village. Consequently, a density of 12 dwelling units per acre was chosen as the land use intensity for the node approach. To implement this land use intensity, densities were increased in all those TAZs located within a RAC and within '/a mile of a Tri-Rail station. For Port Everglades and Fort Lauderdale-Hollywood International Airport, nodes that have no populations, residential densities were assumed to be zero. In these nodes, only non-residential intensities were increased. To address non-residential land use intensities, the subcommittee recommended a housing-jobs balance methodology be used. D. TRAVEL DEMAND FORECASTING MODEL The Florida Standard Urban Transportation Model Structure ("FSUTMS"), maintained by the Broward County MPO, was the travel demand forecast model used to model alternative land use intensities. The FSUTMS model is a four- 1-6 Transportation Element stage gravity model. At the most basic level, the typical forecasting model is structured around the following four sequential steps: o Trip Generation -._Estimation of number of trips produced by and attracted to each "traffic analysis" zone. o Trip Distribution - Determination of the origin and destination zone for each trip. o Modal Choice - Calculation of number of trips using the different modes of transportation such as auto, transit, pedestrian and other. o Assignment - "Loading" of auto trips onto the highway network or person trips onto the transit network. 1. Land Use Inputs Land use inputs are addressed in the model by dividing the County into a number of traffic analysis zones ("TAZs"). A TAZ is a compact geographic area that coincides with census track boundaries and usually bounded by roadways, and physical barriers such as expressways, rivers, canals, or other physical structures that limits the crossing of motorized vehicles. Broward County has 892 TAZs. Two databases are associated with each TAZ. Database 1 includes population and housing information, depicting the production side of the trip generation step. Database 2 comprises employment and school data, displaying the attraction side of the trip generation step. In addition, the model includes information on special generators (i.e., major ports, parks, and shopping malls), internal-external trips for travel across the county lines either south to Miami-Dade County or north to Palm Beach County, and external-external trips for trips passing through Broward County. 2. Transportation System Inputs The transportation system inputs include information on roadway geometry (such as number of lanes, facility type, area type etc.). The transit network uses mainly the highway network, and other transit system information such as headway, bus travel speed, bus stops, and bus capacity. The FSUTMS model generates trips at each traffic analysis zone (TAZ) from land use variables (population and employment). Trips are distributed between zones using gravity concept and friction factors. 1-7 Transportation Element Trips are-then split between highway, transit and other modes using mode choice concept. Highway trips are converted to auto trips using an appropriate,:auto occupancy rate. Auto.trips..are assigned to the highway network according to equilibrium concept based on speed and capacity of each highway facility in the network. Before using the model in traffic projection, it should be validated for the most recent year in which travel and census data are available. In Broward County, the model was validated for the year 1990. Transit coefficients are developed based on current transit market shares. Model runs are made until simulated model output matches the ground count for the year being validated. Then, the validated model coefficients and parameters ..are applied to future years. In this case, the year 1990 validated model coefficients and parameters were applied. For the purpose of this analysis, the main variable that was modified in the year 2015 model was the land use data and transit connectivity to affected TAZ's.. E. PRELIMINARY MODELING RESULTS The preliminary results for the first model run using baseline, node, and corridor scenarios are depicted in Table 1-1. Under Broward County's adopted year 2015 Long Range.Transportation Plan, the total number.,of person trips was estimated at 5.2 million trips per�day in the baseline, scenario.- The node intensification scenario of 12 du/ac produced 261 ,752 additional person trips per day over the baseline scenario, a 5 percent increase. The corridor intensification scenario of 8 du/ac produced 2,530,863 additional person trips per day over the baseline scenario, a 48.6 percent increase. It was observed by the MPO staff that the increase in land use density (population and employment) in each zone was accompanied by an increase in intrazonal trips. Intrazonal trips are those trips that are attracted to developments within a TAZ and are not loaded onto the highway network. Intrazonal trips increased by 9,814 in the nodes scenario and by 120,574 in the corridor scenario over the baseline scenario. This increase in intrazonal trips reduces total trips loaded on the highway network, meaning fewer trips for public transit. 1-8 Transportation Element Table.1 - Preliminary.Result s of 2015 Model Runs Characteristic' Baseline . . Nodes Corridors Total Person Trips/Day Trips/Day 5,212,253 5,474,005 7,743,116 Intrazonal Person Trips/day Trips/day 153,888 163,702 274,462 Mode Split includes Tri-Rail 1.51 1.41 1.26 Total VMT 36,482,580 37,748,840 47,676,784 Total VHT 1,536,529 1,594,888 2,254,994 Congested Speed (mph) 25.2 25.6 22.4 Daily Transit Ridership 78,855 78,327 97,584 Includes P&R and Tri-Rail Source: Broward County Transportation Planning Division, 1998. Vehicle miles traveled ("VMT") is used as a performance tool to measure the overall use of a road segment. VMT is a measurement derived by multiplying the traffic volume on a roadway segment times the length of that segment in miles. The node intensification scenario produced 1,266,260 VMT per day over the baseline scenario, a 3.5 percent increase. The corridor intensification scenario produced 11 ,194,204 VMT per day over the baseline scenario, a 30.7 percent increase. The two most significant characteristics for public transit on Table 1-1 are mode split and daily transit ridership. Mode split is the term used to describe the percent of total trips attributed to public transit that, for this analysis, would include regular buses, express buses and Tri-Rail. The initial FSUTMS model runs showed a decline in mode split for both the node intensification and corridor intensification scenarios as compared with the baseline scenario. Under the node intensification scenario, daily transit ridership declined by 528 trips as compared with the baseline scenario. The corridor intensification scenario, however, produced 18,729 additional person trips in daily transit ridership, a 23.8 percent increase over the baseline scenario. 1-9 Transportation Element The preliminary FSUTMS model results were distributed to the TAC, the FDOT District 4, and the DCA. The model results were presented to the TAC and discusse&..at,..their January 16, 1998 meeting. The TAC_ agreed with MPO staff that mode split and daily transit ridership should be reexamined because the results, which represented only local bus ridership, were inconsistent with the increased intensities that should have improved mode split and increased daily transit ridership. The MPO staff noted that the preliminary model run for the node and corridor intensification scenarios did not include any attempts to check zonal connections to transit and availability of existing routes to absorb additional transit riders. Further, data adjustments were not made where a TAZ had existing intensity that was greater than the intensity proposed under the node and corridor scenarios. Finally, total populations under the node and corridor intensification. scenarios were not reviewed for consistency with the projected 2015 high range population estimates. The MPO staff noted that land use intensity increase in one area should be accompanied by a decrease in other area to maintain a realistic population control total. The MPO staff requested the TAC to provide direction on these issues before._making additional FSUTMS runs. The TAC requested the MPO staff to make the following modifications to the model before a second run: o Check zonal connections to transit routes, o Check the availability of adequate transit vehicles-to absorb additional ridership, o Make any appropriate changes in land use density to maintain consistency and stay within the high-range population control total for year 2015, o Zonal connections should be formulated such that they are within '/a mile of a bus stop. The '/a mile distance is equivalent to a 5-minute walk, the generally accepted maximum walking time for public transit, o Public transit headway should be decreased where appropriate to accommodate potential increase in ridership, o Use existing intensities in a TAZ where such exceeded the intensities under the node and corridor intensification scenarios, and o Make necessary correction to zonal data. With this direction, the MPO staff agreed to make additional model runs. The MPO staff made corrections/adjustments to the data and zonal connections as recommended by the TAC, and ran the model a second time for both the corridor 1-10 Transportation Element and nodes scenarios. The second model run produced higher mode split than observed in the first run. Mode split for the corridor scenario was estimated at 1 .37, which was still lower than the base year. Therefore, no further adjustments ,..... .. were made to the node scenario. -.. Further adjustments were made to the corridor scenario including zonal adjustments (additional walk connectors) were made to those TAZs projected to experience a huge growth in both population and employment densities. A third model run was made for the corridor scenario. In this run, mode split increased from 1.37 to 1.43 but was still lower than the baseline. A fourth run was made after correcting zonal data associated with TAZ 830. The fourth run model split for the corridor scenario was estimated at 1.4, still lower that base year. Since daily transit ridership was not increasing proportional to that of population density, existing transit on routes servicing targeted corridors (Route 2, 7, 18, 22, 72, and 83) were.enhanced to-attract additional riders. The model was using hard coded headway based on existing condition ranging from 30 to 60 minutes. Further, the model that recommended headway was usually lower than the hard coded headway, therefore a fifth model run was made with transit headway adjusted between the model recommended headway and the hard coded headway for the heavily used transit routes. Mode split after the fifth run was 1.70 higher than the baseline scenario. At this point no further runs were anticipated for the corridor scenario. However, total population estimated by the model was higher than the higher range as reported in the Florida Statistical Abstract. Therefore, a sixth and final run was made after decreasing the population density from 8 units/per acres to 6/units per acre. The purpose for modifying acres/units was to reduce the permanent population projections for Year 2015 from 2,514,130 to below the population control total of 2,232,300. The sixth run mode split for the corridor scenario after adjusting population total was 1.62, which is still higher than the baseline scenario. F. FINAL MODELING RESULTS The final modeling results using the FSUTMS are depicted in Table 1-2. The baseline characteristics are the same for the preliminary and final model runs. The node intensification scenario produced 353,632 person trips per day over the baseline scenario, a 6.8 percent increase over baseline.. The corridor 1-11 Transportation Element intensification.scenario produced 1,926,210 total person trips per day over the baseline scenario, a-37 percent increase over baseline. Table 1-2. Final Results'of 2015 Model Runs Characteristic Baseline Nodes w Corridors Total Person Trips/Day Trips/Day 5,212,253 5,565,885 7,138,472 Intrazonal Person Trips/day Trips/day 153,888 167,252 249,678 Mode Split includes Tri-Rail 1.51 1.61 1 .63 Total VMT 36,482,580 38,141,252 44,653,860 Total VHT 1,536,529 1 ,615,902 2,017,919 -Congested Speed (mph) 25.2 25.5 23.5 Daily Transit Ridership 78,855 89,655 116,040 Includes P&R and Tri-Rail Source: Broward County Transportation Planning Division, 1998. For intrazonal person trips, trips occurring between different land uses inside a TAZ, the node intensification scenario produced 13,364 person trips and the corridor intensification scenario produced 95,790 person trips per day over the baseline scenario. This increase in intrazonal person trip making is attributed to the increase in both productions and attractions within the modified TAZs. The increase in land use density, after the sixth model run, showed an increase in mode spilt under both node and corridor scenarios. Mode split increased from 1.51 under the baseline scenario to 1.61 under the node intensification scenario and to 1.63 under the corridor intensification scenario. Daily transit ridership also improved under both scenarios. The node intensification scenario produced 89,655 daily transit riders per day and the corridor intensification scenario produced 116,040 daily transit riders per day. The node intensification scenario produced 1,658,672 VMT per day over baseline, while the corridor intensification scenario produced 8,171 ,280 VMT per day over the baseline. The increase in VMT is always accompanied by an increase in congestion and air pollution. This impact should be weighed against 1-12 Transportation Element the increase in transit ridership and the improvement in modal split demonstrated .. by both the node and corridor scenarios. G. FUTURE. LAND USE IMPLICATIONS AND RECOMMENDATIONS The modeling results are consistent with the weight of data that shows that _. _.intensifying land uses-along .public transit corridors can improve transit ridership. The modeling results also indicate that land use intensification must include some form of transit enhancements as needed in order to attract and absorb additional riders generated by land use intensification such as headway reduction. The modeling exercise, however, has several important constraints that militate against wholesale future land use map amendments along the identified corridors: • Inadequacy of FSUTMS: The FSUTMS model was not intended to be used for land use analysis although it is used for this purpose throughout Florida. The existing problem with using FSUTMS for this purpose is not..the land use data but the connectivity to the highway network and the relationship between the land uses within a TAZ. Existing connections are sometimes not representative of existing conditions and the same connector used by residential development connects commercial development. Commercial development occurs primarily along the perimeter of a TAZ while residential development occurs primarily within a TAZ. These factors must be weighted before accepting the results of this analysis. • Macro not microanalysis: The model runs assumed the TAZ at densities higher than those existing. Higher densities are practical when a TAZ is primarily undeveloped, but are unlikely when they are more fully developed. • Political constraints: The governing bodies for Broward County and its municipalities are not likely to accept future land use map amendments based upon the results of a modeling exercise. Based on the model results, and consistent with an incremental approach, the following two (2) recommendations are offered and have been incorporated into the TE: 1-13 Transportation Element • Broward County, in conjunction with the affected municipalities, the MPO, the FDOT, and the DCA, should select at least one of the six (6) identified roadway corridors for a demonstration project on transit oriented design and development. The corridor selection should be based upon such factors as: o The degree of municipal interest in the corridor. o The amount of undeveloped land and the potential for redevelopment of existing land. o The potential for implementation. • The demonstration project should include the following components: o Preparation of an overlay transit oriented corridor (TOC) zoning district that would be adopted by each municipality along the corridor. There already is some precedent for identical zoning provisions among adjoining municipalities. For example, although Port Everglades is owned and operated by Broward County, it is located within the Cities of Dania Beach, Hollywood and Fort Lauderdale. These municipalities have a zoning district within their land - development regulations that is identical; thereby facilitating development within Port Everglades. o Development of incentives for transit-oriented development (TOD) located within a TOC zoning district. These incentives could include such things as: reduced parking requirements; waiver or partial waiver of impact fees and other development related costs; public funding of transit-oriented development improvements (such as bus bays, bus benches and shelters, pedestrian facilities and connections to bus stop, etc.). o Development of a long-term roadway and public transit monitoring system. The monitoring system should measure, at least on an annual basis, the roadway and transit impacts along the corridor, the roadway and transit impacts of TODs versus auto-oriented developments along the corridor. 1-14 Transportation Element o Grant funding for the demonstration project; including the hiring of a full time transit corridor coordinator by Broward County. o Improving public transit access along the corridor. 1-15 Transportation Element II. DATA REQUIREMENTS The Transportation Element is based upon identification of the following information: • General location of the transportation networks; • Functional classification of roadways; • Maintenance Responsibilities; • Transit trip generators and attractors; • Designated transportation facilities for hurricane evacuation; • Peak direction of level of service for roads, public transit facilities, and corridors or routes; and, • Capacity of significant parking facilities and duration limitations. The information required to be included in the Transportation Element is spelled out in Rule 9J-5 of the Florida Administrative Code. A. THE TRANSPORTATION SYSTEM The transportation system encompasses the following networks: roadways, public transit, bikeways, pedestrian ways, waterways, airports, railways, recreational traffic, and intermodal facilities. 1. Roadway Network The roadway network includes the following features: roadway segments or links, road intersections, ,bridges, rights-of-way, signalization, signage, roadway amenities, and significant parking facilities. This subsection also presents safety-related roadway network data. a. Segments A roadway segment or link is a portion of a roadway defined for the purpose of traffic analysis. The segment origination and termination points are typically signalized intersections or the point where the number of lanes on a roadway changes. Segments can be classified by lanes and functions. 11 - 1 Transportation Element Number of lanes. Rule 9J-5.019(2)(a) 9., FAC, requires the number of through lanes for each roadway be identified on an existing transportation map or map series. A map depicting the roadways within the City that are utilized to achieve the mobility goals for the community and the number of lanes on each facility is provided as Map 2-1. Functional classification and maintenance responsibilities. Rule 9J- 5.019(2)(a) 8, FAC, also requires the existing functional classification and maintenance responsibilities for all roads be shown on the existing transportation map series. Functional classification was developed for transportation planning purposes and is the grouping of roadways by the character of service they provide. Table 2-1 depicts the federal functional classification system for urban roadways. These classifications are defined in Section V of this Element. :-Table 2 1: Federal Functional:Classification S'�stem".' Urban Principal Arterial Minor Arterial Collector Local Source: Highway Functional Classification Concepts. Criteria and Procedures, Federal Highway Administration. The designation of federal functional classification is made following the publication of the decennial U.S. Census or whenever required by federal regulation. When evaluating the function of a road, the U.S. Department of Transportation (US DOT) considers a road's trip purposes in relation to the total public roadway network. A road is classified based upon its most significant trip purpose; however, a road may serve more than one significant trip purpose. The federal functional classification system recognizes twelve (12) significant trip purposes. Table 2-2 lists the significant trip purposes related to each functional classification. Arterial roadways are classified as either principal or minor. A roadway serving only one of the arterial road defined purposes is classified as a minor arterial, while one serving more than a single defined II - 2 Transportation Element purpose is classified as a principal arterial road. All limited access highways and roads that connect urbanized areas are considered to serve several trip purposes, and thus are classified as principal arterial roads. A collector road's purpose is to provide access to minor public facilities, cross-connection between roads, access to concentrated land use areas, and access to diffuse land use areas. Table 2-2 Functional C lassification b TripPurpose Trip Purpose` Functional ...__ . . C� lassificatiori Travel to and through urbanized areas Arterial Travel to and through small urban areas Arterial National defense Arterial Interstate and regional commerce Arterial Access to airports, seaports, and major rail terminals or Arterial intermodal facilities Access to major public facilities Arterial Interconnection of major thoroughfares Collector Access to minor public facilities Collector Interconnection of minor thoroughfares Collector Access to concentrated land use areas Collector Access to diffuse land use areas Collector Travel between home, work, entertainment, and shopping Local destinations and nearest road on the primary network composed of arterial and collector roads Source: Highway Functional Classification Concepts,Criteria and Procedures, Federal Highway Administration. II - 3 Transportation Element The functional classification and maintenance responsibility as major roadways in the City of Dania Beach is provided in Table 2-3. TABLE'2 3 ` Functional Classification and Maintenance Responsibility of Major !' Dania Beach:Roadwa s Roadwa : ? Classification `: ;. . Maintenance Res Eonsibilit 1-95 Principal Arterial Florida Department of Transportation 1-595 Principal Arterial Florida Department of Transportation S.R. 84 Principal Arterial Florida Department of Transportation Griffin Road Principal Arterial Florida Department of Transportation U.S. 1 Principal Arterial Florida Department of Transportation Stirling Road Principal Arterial Florida Department of Transportation Sheridan Street Minor Arterial Florida Department of Transportation Dania Beach Blvd. Minor Arterial Florida Department of Transportation Dixie Highway Collector Broward Count Anglers Avenue Collector Broward Count Old Griffin Road Collector Broward Count Bryan Road Collector Broward Count 22nd Avenue Collector Broward Count Source: Broward County Highway Functional Classifications,Broward County Department of Transportation Planning The maintenance responsibility of the roadway system is shared by Federal, State, County, and municipal governments. In general, Broward County is responsible for the maintenance of all County roads and the State is responsible for maintaining principal arterial roads. Map 2-1, Existing Roads and Parking Facilities, shows the existing maintenance responsibility for roadways located within Broward County. II - 4 Transportation Element Florida Intrastate Highway System. Section 334.03, FS, defines the "Florida Intrastate. Highway System" (FINS) as a system of limited access and controlled access facilities on the State Highway System, which have the capacity to provide high-speed and high-volume traffic movements in an efficient and safe manner. FIHS roadways must be identified for two reasons. Firstly, Rule 9J-5.019, FAC, requires the FDOT level of service standard to be applied to FIHS roads. Secondly, Rule 9J-5.019, FAC, requires the establishment of strategies to facilitate local traffic use of.alternatives to the FIHS. Table 2-4 lists those roadway segments on the Florida Intrastate Highway System (FIHS) that are located within Dania Beach. :Table 2-4 Florida Intrastate Hi hwa S stem FIHS' FIHS Roadways Roadway Segments Centerline, Foote e Interstate 95 Hollywood (north city limits) to vicinity of the air ort 10,000+ feet Interstate 595. . _ _ 1795 west to Dania Beach city limits 3,800+ feet Total 13,800+ feet Source: Florida Department of Transportation. b. Intersections and interchanges An intersection is defined as the general area, where two or more - roadways join or cross at grade, including the roadway and roadside facilities for traffic movements within the intersection. An intersection is an important part of the roadway network because its design influences the efficiency, safety, speed, cost of operation, and capacity of roadways. Interchanges are designed to permit traffic to move freely from one road to another without crossing another line of traffic. The north half of the Stirling Road/1-95 Interchange, all of the Griffin Road/1-95 Interchange and a portion of the 1-595/1-95 Interchange are located within Dania Beach. c. Right-of-way Right-of-way often is the major cost for transportation improvement projects; therefore, the acquisition of the needed land should be planned far in advance of the scheduled construction time. The Broward County Trafficways Plan, administered by the Broward County Planning Council, is a roadway right-of-way preservation plan. To accommodate the impacts of new development, right-of-way is dedicated by developing parcels to provide for an adequate regional roadway network. II - 5 Transportation Element A dedication for at least half of the roadway width that the Trafficways Plan calls for is normally required to be dedicated to the public at the platting stage. This dedication can also be obtained during site plan other development permit processes. Objective VIII and related implementing policies address right-of-way protection and preservation. Currently there are four main classifications designated in the Trafficways Plan: limited access/controlled freeways; arterial; collector; and one-way pair. The right-of-way width for the limited access and controlled freeways is 325 feet; for arterial roadways, it varies from 100 to 200 feet; for collector roads, it ranges from 70 to 94 feet; and for one-way pairs, the range is from 42 to 54 feet. d. Signalization Signalization is an important part of the roadway system. It controls the flow of traffic; therefore, it affects the traffic volume passing through a particular intersection. For isolated (that is, non-system or uncoordinated) operation, the signal type indicates the degree to which a traffic signal's cycle length, phase plan, and phase times are preset or actuated. There are currently two types of signals in use: actuated signals and semi- actuated signals. Intersections that have actuated signals will have vehicle detectors for all approaches. Each phase is subject to a minimum and maximum green time and some phases may be "skipped" if no vehicle demand is detected. Intersections installed with semi-actuated signals only have detectors located on the minor street. The signal is set such that the green is always on the major street unless a vehicle is detected on the minor street. The pre-timed signal has a preset sequence of phases in repetitive order. Each phase has a fixed green time and change interval that is repeated in each cycle. The Broward County Traffic Engineering Division is responsible for installing and maintaining all signal systems in the County. The purpose of traffic signal computerization is to optimize signal operation, thereby, providing a more efficient transportation system. Coordination of traffic signals through computerization has been recognized as one of most effective ways to improve the traffic flows. e. Signage Signing and markings are features of traffic control and operation that must be considered in the geometric layout of each facility. The FDOT, Broward County, and the municipalities create and maintain signage on their functionally assigned roadways. II - 6 Transportation Element f. Amenities Landscaping is the primary highway amenity. Landscape design of completed highways serves functional, as well as aesthetic purposes. Plants can aid with glare reduction, acoustical control, erosion control, and traffic control, if they are well chosen and judiciously placed. Plants also can create and define spaces, by complementing and improving the attractiveness of certain sites, while masking undesirable views. Landscape design can influence speed through control of road focal points. g. Significant parking facilities and durational limits Significant public parking facilities in Broward County are defined as greater than 500 parking spaces. Long-term parking facilities are defined as more than a day parking duration. Parking facilities that meet these definitions are depicted on Map 2-1. The closest facility to Dania Beach that meets these definitions is Fort Lauderdale Hollywood International Airport which has over 8,000 spaces for long and short term parking. The Sportsman Park Tri-Rail station also provides-long and short term parking for approximately 180 vehicles. The Dania Jai Alai fronton on Dania Beach Boulevard is another significant parking facility in close proximity to the downtown area. Parking policies at these facilities are determined by the respective owners. Two centrally located city-owned facilities with significant parking include city hall (100 spaces) and Frost Park (130 spaces). In addition, approximately 100 on-street parking spaces exist in the downtown area. The City maintains and implements land development regulations that require new development and redevelopment to provide adequate on-site parking for all uses. h. Safety A safe roadway network enhances the protection of life and property. Safety concerns are monitored by tracking measures such as crash indicators, access management standards, and hurricane evacuation. Crash Indicators The City Police Department (Broward Sheriff's Office) supplies the Florida Department of Highway Safety (FDHS) with accident data collected in the City. Accident data is also compiled by the State Highway Patrol and other municipal police departments. The City supports legislation which establishes a consistent statewide road safety database that would be II - 7 Transportation Element readily available to municipalities and the public so that the appropriate agencies could be better prepared to correct safety problems. The City continues to support efforts by FDOT and Broward County to identify, fund and construct improvements to reduce the number of accidents. Access management Transportation Element Policy 3.4 provides for Dania Beach to prepare land development regulations to control the connection of access points of driveways and roads to roadways. Hurricane evacuation No residential development is located on the barrier island. That portion of the City that is located on the barrier island is limited to the Florida Atlantic University Sea Tech Research Facility, a public park, and the public beach. Persons east of Federal Highway that are to be evacuated during a Hurricane need not cross bridges to the mainland. The designated roadway facilities utilized to evacuate the coastal populations are shown on Map 2-1. Table 2-5 shows the two east-west evacuation routes leading from and into the Coastal High Hazard Area. All bridges crossing the Intracoastal Waterway are moveable bascule bridges as identified on Table 2-6. Table 2-5 Hurricane Evacuation Routes and Other Pertinent Information Route General Area Served for Evacuation Lanes: SR Al A to US 1 Dania Beach Blvd. Dania Beach Blvd. to Sheridan Street 4 & 6 lanes Sheridan Street Dania Beach Blvd. To Hollywood Blvd. 4 lanes Source:South Florida Regional Hurricane Evacuation Study,South Florida Regional Planning Council. In addition to routes identified in the SFRPC Study, two other existing roadways also provide access from Dania Beach Boulevard to 1-95. These are "Dania Beach Boulevard to Stirling Road" and "Dania Beach Boulevard to Griffin Road." Both Griffin Stirling Roads are six lane arterials located closer to Dania Beach Boulevard than Sheridan Street. II - 8 Transportation Element Table 2-6 s Bridges Critical to Hurricane Evacuation Bridge Name, Length and Deck Width Closed Clearance in.Feet` in Feet' Dania Beach Blvd. Bride 495/59 18 Sheridan Street Bride 354/57 22 Source:Broward County Emergency Management Division,Transportation Planning Division,FDOT,and US Chart Series. 2. Public Transit Network Map 2-2, the 1996 Broward County Public Transit Network, shows Broward County Transit public transit routes, terminals and transfer stations. a. Public transit facilities. Public transit facilities include bus terminals, transfer stations, rights-of-way, motorized vehicles (buses and vans), transit bus stops, transit amenities, and other facilities. There are no terminals or transfer stations in the City of Dania Beach. Rights-Of-Way and Exclusive Public Transit Corridors. Additional right-of- way is acquired along major arterial roadways during the roadway widening process for bus pullout bays, also called bus bays. Bus pullout bays are specialized bus stop auxiliary lanes, independent of the through traffic travel lane. The bus bays are designed to minimize traffic obstruction and maximize passenger safety. Right of way for bus bays is also obtained through the platting process. Exclusive public transit corridors are roadways or railways exclusively designated by the FDOT or a local government for public transit, which are physically separated from general use corridors and to which access is highly restricted., The South Florida Rail Corridor, previously known as the CSX Transportation railway corridor, is the currently the only exclusive public transportation corridor in Dania Beach and all of Broward County. The City of Dania Beach, in conjunction with the SFRPC and other eastern cities, are studying the feasibility of introducing passenger/commuter rail traffic on the Florida East Coast railway. Public Transit Vehicles. Broward County Transit's ("BCt") 1997 vehicle inventory consists of 202 full-size transit coaches, each with seating capacities of 44-48 persons. All vehicles are air-conditioned and have kneeling mechanisms, which lower the steps of a bus to accommodate II - 9 Transportation Element persons who have mobility impairments. All buses are equipped with wheelchair lifts for facilitating boarding and disembarking, which extend from the bus to the at-grade level of the bus stop (either sidewalk or roadway). The average age of the BCt fleet is 5 years. Public Transit Bus Stops. BCt maintains, monitors, and updates its' Bus- Stop Inventory. Each stop has a unique code for the bus route and a unique location code that that shows that there are shared bus stops. A non-accessible bus stop is one that does not have a 5-foot by 8-foot concrete pad, connected to a sidewalk with a curb cut. Public Transit Amenities. The Bus Stop Inventory reports data regarding amenities, including bus benches, shelters, pull-out bays, right turn lanes, and trashcans. Shelters located in municipalities are coordinated with the municipalities in accordance with BCt standards. The City of Dania Beach has contracts with private advertising companies to provide bus benches and bus shelters where the City and the respective company mutually agree to their placement. Table 2-7.; Bus Sto ` Inventor Stops, Benches Shelters Bays Trash 141 49 5 12 21 Source:Broward County Transit Development Master Plan 2005-2009 Other facilities. A bus maintenance facility is located on Angler's Avenue south of Griffin Road within Dania Beach. This site has the capacity to park and maintain up to 150 buses. b. Public transit services. Public transit services are passenger services provided by public, private or non-profit entities. They include the following surface transit modes: fixed route bus service, express route bus service, feeder bus service, demand responsive service, municipal transit service, intercounty service, and other services. Map 2-2.1, Broward County Transit Routes, shows the existing fixed public transit routes. Fixed-Route Bus Service. The Broward County Mass Transit Division operates Broward County Transit (BCt),.a fixed-route bus system servicing nearly all of Broward County's developable area. It provides service on a repetitive, fixed-schedule basis. Each fixed-route trip serves the same II - 10 Transportation Element origins and designations. Currently, BCt operates 40 transit routes, 35 as regular open-door service and one as a park-and-ride service. Fixed-route transit service is provided seven days a week, although at reduced levels on Sundays and certain holidays. Regular routes operate from as early as 5:00 a.m. until 10:30 p.m. on weekdays and Saturday, and from 9:00 a.m. to 8:00 p.m. on Sundays. Park-and-ride routes operate at the beginning and end of each weekday. Regular routes primarily operate on 30-minute headways during the week and Saturday, 60 minutes on Sundays. The City of Dania Beach is currently served by several BCt fixed routes including Routes 1, 3, 4, 6, 12, 15, and 17. These routes, in conjunction with the Community ,Shuttle, provide transit,coverage to over .80% of the area in the City as reflected in Map 2-2.2, Transit Route Coverage Map. The transit route load factor is a capacity performance measure used in the Congestion Management System (CMS). A bus route with a load factor of-one. (1) is operating at capacity, meaning all seats are occupied. Table 2-8 shows there is one transit route that achieves the load factor of one (1) during peak hours within Dania Beach. With only one of many transit routes that serve operating at capacity, there is generally adequate capacity in the current BCt system to accommodate additional riders who live and work in Dania Beach. With respect to Route No. 1 (US 1), the City supports BCt efforts to expand capacity, increase operating hours, and reduce'headways. Table 2-8 Fixed Public Transit Routes Exceeding the Load Factor One Roadway Segment Route No. US 1 from Broward Terminal Ft. Laud to Aventura Mall 1 Source: Broward County Congestion Management System: Performance Evaluation and Monitoring, Broward County Transportation Planning Division. Express Bus Services. There is not any express bus service currently serving the City of Dania Beach. Feeder Bus Services. Feeder bus service routes are defined as local transit service that picks up and delivers passengers to a rail transit terminal, express bus stop, transfer point, or terminal. Feeder bus service II - 11 Transportation Element is currently provided to Tri-Rail stations under a private contract. Broward .County, through a contract with the Tri-County Commuter Rail Authority, supplies feeder services to the Tri-Rail terminal located in Dania Beach and identifiedin Table 2-9. Table2.9. ., Tri-Rail Feeder.Bus Service Station Name ' Route's Main Roadways: Vehicles Ft. Lauderdale Airport Griffin Road and Ravenswood Road 3 Source:Train Schedule and System Information,Tri-County Commuter Rail Authority. Community Bus Service. Community Bus Service, operated by the City under a contract with Broward County, provides intracity (local) bus service from neighborhoods to local destinations, including shopping centers, medical facilities, community centers, parks, the municipal beach, and Broward County Transit transfer locations. Under this contract, the City leases ADA accessible minibuses from BCt for $10 per year. BCt pays an annual stipend to assist in the maintenance and operation of the vehicles. Th_ e mini buses have a capacity of 16 passenger vehicles and,all are wheel chair accessible. The City staff work closely with BCt and citizens to design route alignments and operating characteristics. The Community Bus Service, while a fixed route facility, can be modified by the City based on citizen user demand and capacity. The City periodically evaluates the Community Bus System in conjunction with BCt to assess ridership rates and identify system improvements. The City currently operates two community bus service routes. These routes are identified on Map 2-2.3, Community Bus route Map. While the service is designed to provide local bus service, another function is to provide access to the regional transit system as well; including Tri-Rail. The routes are designed to provide links with BCt Routes. These links provide those who live and work in the City who are not served by BCt fixed route service with access to the regional transit system. Hours of operation are Monday through Friday from 9 am to 5 pm. The community bus service operates on 40 minute headways. II - 12 Transportation Element Total transit coverage area in the City is over 80% including the BCt and the Community Bus service. See Map 2-2.2. Table 2.10 Local Community Bus Service , Average Route's Main Roadways= Vehicles . Headwa 40 Minutes East Route: City Beach, SR A1A, 2 40 Minutes Dania Beach Boulevard, SE 3`d Avenue, S.E. 5`h Avenue West Route: Dania Beach Boulevard, NW 2nd Street, Bryan Road, Oakwood Boulevard Stud underway to ex and route.west of 1-95 Source:City of Dania Beach,Community Bus Service. Demand Responsive Service. Broward County funds and administers the Transportation Options Program. (TOPS), which provides door-to-door service, upon request, to residents who are transportation or economically disadvantaged, for several specific trip purposes. The Mass Transit Division reports that in 1997 there were approximately 164 privately operated taxi and limousine companies registered in Broward County. These companies have licensed vehicles with capacities of eight (8) passengers or less. Intercounty Services. BCt fixed routes provide intercounty service to Miami Dade and Palm Beach Counties. Route 1 which runs from the Broward Downtown terminal to the Aventura Mall travels through the City of Dania Beach along US1 . BCt routes also connect with Palm Beach County's transit system at the Boca Town Center and Mizner Park Developments in the City of Boca Raton. Other Transportation Services. Other transportation providers within Broward County that provide service to Dania Beach include the Broward County School Board and various private companies, as well as over 30 social service agencies. c. FDOT designated public transportation corridors The purpose of corridor designation and subsequent planning is to relieve congestion by increasing people carrying capacity through the use of high occupancy vehicles. FDOT has identified seven designated public II - 13 Transportation Element transportation corridors in Broward County. The Tri-Rail corridor is the only currently designated public transportation corridor in the City of Dania Beach. Details about the corridor, including justifications are provided in the public transportation corridor reports prepared by FDOT. The City of Dania Beach, in conjunction with the SFRPC and other eastern cities, are studying the feasibility of introducing passenger rail traffic on the Florida ...._......,. East Coast railway. The Tri-Rail corridor travels through the City of Dania Beach along the west side of 1-95. The current and future land use plan designations along the corridor are generally compatible with the transit corridor and include nonresidential uses such as commercial, industrial and FILL. The Dania Beach Tri-Rail station is located on Griffin Road and is an integral part of the_Sportsman Park retail and entertainment center. In order to further enhance the attractiveness of the Tri-Rail system and improve the linkage between land uses and transit service, residential uses should be developed at and around the Tri-Rail stations, where appropriate, to - create an urbanvillage development pattern. - In order to promote and protect this public transportation corridor, the City will continue to coordinate with Broward County Planning Council, FDOT and the MPO along with other municipalities to establish a transit oriented corridor overlay zoning district as a means of promoting public transit use - and reducing the impact on the Florida Interstate Highway System. d. Major public transit trip generators and attractors Major public transit generators and attractors are concentrated areas of intense land use or activity that produce or attract a significant number of local trip ends. Public transit generators are typified by residential land uses. Public transit attractors include commercial, industrial, office, commercial recreation, educational, institutional, and transportation land uses. Ideally, public transit should connect major transit generators to major transit attractors. Broward County defines a major public transit generator as one of the 40 Traffic Analysis Zones (TAZs) with the highest population density. A major public transit attractor is one of the 40 TAZs with the highest employment density. The number 40 was chosen because it approximately represents II - 14 Transportation Element five (5) percent of all TAZs within Broward County. The major public transit generator and attractor TAZs are displayed in Map 2-3. Other activity centers in and adjacent to the City are provided below: Activit Center Activity TYpe City Hall Employment Dania Jai Alai Fronton Recreation Dania Beach Recreation John U Lloyd State Park Recreation Outdoor World/Sportsman Park Shopping, Museum All of these activity centers are served by BCt or Community Bus routes. e. Safety.- (Broward County Transit: BCt) Public transit safety addresses such issues as the safety certification process, transit fatalities and injuries, security - surveillance at terminals and on buses, and hurricane evacuation. Safety certification. BCt is in full compliance with the safety requirements mandated by the System Safety Program Plan (SSPP), Chapter 14-90, "Equipment and Operational Safety Standards Governing Public Sector Bus Transit Systems". Security detail and surveillance. BCt has a security detail composed of Broward County Sheriff deputies. Additionally, all new buses purchased are equipped with security cameras. Hurricane evacuation. BCt provides bus service to the Coastal High Hazard Area. 3. Bicycle Network The bicycle network includes bicycle facilities and services designed to enable and encourage the use of bicycles for recreational and utilitarian purposes. Recreational trips include travel for leisure, enjoyment, or pleasure and utilitarian trips include travel for work or errands. a. Bicycle facilities. Bicycle facilities include bikeways, bicycle parking racks and bicycle transport racks. II - 15 Transportation Element Bikeways. A bikeway is any road, path or way that is open to bicycle travel and from which motor vehicles are excluded. Bikeways may be located within a roadway right-of-way, but are usually within an independent right-of-way. Broward County bikeways include paths, lanes, and wide curb lanes, which total almost 68 miles. The locations of bikeways are displayed on Map 2-4, "Significant Bikeways". Bikeways predominantly follow state roads, although scattered segments follow local roads. A bike path is a bikeway that is physically separated by an open space or barrier. The bike path follows the east side of SE 5th Avenue, between Sheridan Street and East Dania Beach Boulevard. There is a substandard bike lane in Dania Beach Boulevard from 5th to the public beach across the Inter Coastal Waterway. Upgrading this facility is addressed in Objective 1, Policy 1-16. Bicycle transport racks. Bicycle transport racks are facilities provided on public transit vehicles and allow a passenger to carry a bike from a point of origin to a destination. Public transport racks enable the public transit user to reach destinations not served by the public transit system, thereby increasing the service area. Currently transport racks are provided on several BCt bus routes and are planned for all routes. Tri-Rail provides bicycle transport racks on each car. b. Bicycle services. Bicycle services include bicycle repair services and educational programs. Repair. Bike repair and maintenance are integral to bike ownership. The private sector provides bicycle repair services. There are numerous bicycle repair shops located throughout the county. 4. Airports and Related Facility Services Civil aviation activities can be subdivided into passenger air carrier, air cargo, and general aviation facilities. Broward County owns, operates and maintains the Fort Lauderdale/Hollywood International Airport (FLL) which is located immediately adjacent'to the corporate limits of the City of Dania Beach. FLL is a regional facility that serves international and domestic air carriers. It occupies a site of 1,718 acres located south of 1-595 and north of Griffin Road. The airport is accessible by roadway (from 1-95, 1-595, Griffin Road and US-1), by Tri-Rail shuttle service and by a BCt bus route. II - 16 Transportation Element The airfield consists of three active runways and supporting taxi ways and taxi lanes. The southern runway is a utility runway, designed for use by general aviation and commuter aircrafts. The other runways are designed to accommodate air carrier aircraft. The existing terminal complex includes three terminal building units with five concourses. The terminals provide facilities to accommodate passengers and their baggage including ticket counter, passenger waiting areas, baggage claim, baggage handling, concessions, customs and immigration, as well as airline operations base. The terminals combined exceed 900,000 square feet. Parking structure and surface parking lots accommodate short and long term parking for over 10,000 vehicles. FILL has experienced significant growth in..recent._years and future growth is projected. Due to the scale and activity at FILL, one of the City's biggest challenges regarding transportation and land use planning is to ensure that future expansion on the airport is consistent and compatible with established 30+ year old residential neighborhoods adjacent to the airport. To assure that airport: and airfield development is compatible with, established residential development abutting the airport, city staff and elected officials participate in the planning processes related to FLL. 5. Intermodal Terminals and Access to Intermodal Facilities An intermodal facility is a facility designed to relate to two or more modes of transportation using single or closely related transportation facility and service. FDOT's Corridor Management Procedure defines it as the provision of connections between different transportation modes, such as adequate highways to ports or bus feeder services to rail transit, individual modes working together to provide the user with the best choices of services. For purposes of this Transportation Element only passenger intermodal facilities are addressed. Intermodal facilities include terminals, high-occupancy vehicle (HOV) lanes and park-and-ride facilities. Intermodal facilities that serve Dania Beach include the Sportsman Park Tri-Rail station and the Fort Lauderdale Hollywood International Airport (FLL). FLL is served by roadways, rail and transit service which makes it a primary intermodal facility in the region. The Sportsman Park Tri-Rail station is the closest to FLL and shuttle service is provided to connect Tri-Rail to FLL. Plans are currently being developed by II - 17 Transportation Element Broward County to expand the intermodal connections at FLL with a rail facility that will link FLL with Port Everglades. B. TRANSPORTATION LEVEL OF SERVICE STANDARD Florida law requires transportation level of service standards be adopted for roads.and public transit facilities within the local government's jurisdiction. 1. Roadway LOS Standards The roadway level of service (LOS) standard is a qualitative assessment of the road user's perception of the quality of flow of traffic. The LOS standard is represented by a letter scale "A" through "F," with "A" being the most favorable conditions and "F" being the least favorable. The LOS is measured by dividing the number of vehicle trips (i.e., volume) on the facility by the capacity of that.facility. While this is the most prevalent LOS standard, other standards could be employed. This includes LOS standards based on the number of person trips, vehicle miles traveled, vehicle hours traveled, or average speed can be used. a. Florida Intrastate Highway System. Rule 9J-5.0055(2)(c), FAC, requires local governments to adopt the LOS standards established by the Florida Department of Transportation by rule for facilities on the Florida Intrastate Highway System (FIHS). The only FIHS roadways in Dania Beach are 1-95 and 1-595. ROADWAY LINK TWO--WAY PEAK LANES HOUR VOLUMES 1-95 Miami Dade Count to 1-595 14,300 10 1-595 SR 7 to US 1 8,500 3 b. Roadway LOS standard exemptions. The Florida Statues allow local and county governments to adopt a number of exceptions to the traffic concurrency requirements. The exceptions apply to geographic areas (e.g., transportation concurrency exception areas), to specific roadway segments (e.g., constrained roadways), and to specific developments (e.g., de minimis impacts). The entire City was located within the Broward County Urban Infill Transportation Concurrency Exception Area which allowed development to proceed in infill areas without meeting the concurrency standards. The TCEA (adopted in 1995) extends from the Atlantic Ocean to Florida's Turnpike in the southern half of Broward County. Broward County has replaced the TCEA with Transit Oriented Concurrency (TOC). The City of Dania Beach is incorporating TOC into its II - 18 Transportation Element Comprehensive Plan. c. Other non-local and non-municipal roadways. Rule 9J-5.0055(2) (c), FAC, requires local governments to adopt LOS standards for county and state roads. While the City of Dania Beach has adopted the generalized two- way peak hour volumes for Florida's Urbanized Areas at the LOS "D" standard as shown in Table 2-11, the City of Dania Beach addresses and establishes the LOS within Transit Oriented Concurrency. Table 2-1-1 GeneralizecJ'Two-Wa 'Peak Hour Volumes for LOS D:`'A r x Lanes 2 lane 4, lane „ 6-lane ` x 8 lane 10 Dw 12 "Undo:' Div. Div Div.. 'lanes`. State 2-way Arterials 1,720 5,870 8,810 Uninterrupted Flow --- --- --- Interrupted Flow 1,560 3,390 5,080 6,440 Class I 0 to1.99 --- --- Interrupted Flow 1,460 3,110 4,680 6,060 Class II 2.0 to 4.5 --- Interrupted Flow 1,200 2,750 4,240 5,580 Class III --- Freeways, Group 1 --- 6,510 10,050 13,600 17,160 20,710 Freeways, Group 2 --- 6,250 9,840 13,420 16,980 20,560 Non-State Roadways 1,390 2,950 4,450 --- --- --- Major City/County City/County Rd Other Signalized Rds. 950 2,070 --- --- --- --- Source:Level of Service Handbook,Table 4-4,Florida Department of Transportation. 2. Concurrency Management System The Community Development Department implements the Concurrency Management System (CMS) as it relates to municipal roadways. The Broward County Department of Environmental Protection implements the CMS for County and State roadways. The CMS provides a development order or permit shall be issued when a roadway exceeds the applicable adopted LOS standard provided one or more of the following mitigation measures apply: 1). The proposed development does not place any trips on, or create any, overcapacity links within the impact area. The impact area consists of all property within the impact distance of the boundary of the proposed development site, where the impact distance is defined below: II - 19 Transportation Element Proposed Use:. Im `act Distance miles Church 1 Commercial, less than 200,000 square feet GFA 1 Commercial, between 200,000 & 1 million sq ft GFA 2 'Commercial, greater than 1 millionsquare feet GFA 3 Commercial recreation 1 Community Facility 1 Day Care 1 Hotel 1 Industrial /Warehouse 2 Office 2 Park local 1 Park (regional) 2 Regional Cultural/Tourism Facility 3 Residential 1 .5 School 1 Proposed developments with mixed use will be assigned the impact distance from the above table that is closest to the weighted average of impact distances of the individual uses in the proposed development, with the weights based on trips generated. Traffic studies submitted by an applicant shall be considered in reaching this determination. 2). The proposed development places trips on, or creates overcapacity links within the impact area but one of the following conditions applies: a. There is an approved action plan to accommodate the traffic impact of the development; or b. The necessary improvements to provide the applicable level of service are either under construction or are the subject of a executed contract for the immediate implementation of the improvements at the time the permit is issued; or c. The necessary improvements to provide the applicable level of service have been included in the first two (2) years of the adopted municipal, state or county schedule of transportation improvements and the applicable government entity makes a determination that a binding contract for the implementation of said improvements will be executed no later than the final day of the second fiscal year of the original schedule; provided, however, that for an improvement to a FIHS facility, inclusion in the third year of the adopted state program may also be acceptable; or d. The necessary improvements for the applicable LOS are provided II - 20 Transportation Element for in an enforceable development agreement and will be available prior to certificates of occupancy that require those facilities. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, Florida Statutes; or e. The development permit will be issued in accordance with, and as authorized by, an approved Florida Quality Development (FQD) or Development of Regional Impact (DRI) development order which development order was either issued prior to the adoption of the 1989 Broward County Comprehensive Plan or was issued after being reviewed for concurrency; or f. The proposed development is found to have vested rights with regard to any affected road segment in accordance with the provisions of Chapter 163, Part II., Florida Statutes, or a common law vested rights determination made as to that road segment in accordance with Section 5-181(I) of this Article. The proposed development must meet concurrency for any road segment for which a vested rights determination has not been made; or g. The proposed development meets the de minimis criteria. h. The proposed development is within an area designated on the Broward County Land Use Plan for urban infill, urban redevelopment or downtown revitalization transportation concurrency area. i. The proposed development would promote public transportation. Specifically, the proposed development is either: (ii) a public transit capital facility, including transit terminals, lines, shelters and stations; or (iii) an office building or office project that includes fixed-rail or transit terminals as part of the building This CMS was modified from the one that was adopted in the City's previous Traffic Circulation Element. The revisions will be incorporated in the City's Land Development Code by December, 2008 as stated in Policy 1 .29. Policy 1.24 addresses coordination with Broward County concerning overcapacity roadways segments and roadway segments approaching capacity. II - 21 Transportation Element III. DATA ANALYSIS REQUIREMENTS The Transportation Element is based upon the following series of analysis: land use - .. and transportation system interaction; existing and projected transportation level of service and system needs, including existing and projected intermodal needs; maintaining the adopted transportation level of service standards; consistency between future land .use and transportation elements, and consistency with other transportation plans; and promotion and support of public transportation system in designated public transportation corridors. The minimum requirements for this analysis are spelled out in Rule 9J-5.0199(3) of the Florida Administrative Code (FAC.). A. LAND USE AND TRANSPORTATION SYSTEM INTERACTION .a.. . This section is broken down .into four parts: Subsection 1 addresses growth trends and travel patterns associated with the transportation system, i.e., the roadway and public transit networks (W-5.019(3)(d), FAC). Subsection 2 focuses on the adequacy of the transportation system for evacuation (9J-5.019(3)(c), FAC). Subsection 3 looks at the availability of the transportation system to serve existing land uses (9J-5.019(3)(b), FAC). Subsection 4 addresses land use compatibility around airports (W-5.019(3)(d), FAC). 1. Growth Trends and Travel Patterns No single force has had a greater impact on the pattern of land development in American cities in this century than the construction of roadways (See; The Transportation/Land Use Connection, Moore and Thorsnes, 1994). Initially, better roadways decreased the cost (both time and money) of transportation within and between urban areas. In recent years, roadway construction has gone.hand in hand with what has become known as urban sprawl. Broward County's historic growth and development were primarily linked to the construction of the Atlantic Intracoastal Waterway and Flagler's railroad. These improvements allowed the movement of freight and passengers to and from Broward County. It was the development of the railroad that specifically led to the development of Dania Beach as an agricultural center. It became a City in 1904 not only making it the oldest municipality in Broward County; it was a legal entity prior to the creation of Broward County. Construction of US 1 and then 1-95 through Broward County provided Dania Beach with greatly enhanced roadway access. More recent growth in Broward County has been westward following the opening of lands for development through drainage projects and subsequent building of high volume roadways. Broward County is now attempting to re-direct part of this growth that has been going to the Ill - 1 Transportation Element west through its participation in the Eastward Ho! Initiative. This initiative has seen significant interest in development and redevelopment within the City of Dania Beach. 2. Establishment of Community Redevelopment Area and Local Activity Center Land Use Designation In April 2004, the Broward County Commission approved the City of Dania Beach Community Redevelopment Area ("CRA") Plan for a 500 acre CRA to include commercial properties along the US 1 corridor, the Dania Beach Boulevard Corridor, as well as the central business district surrounding city hall. Also in 2004, both Broward County and DCA approved the City's 150 acre "Local Activity Center" land use plan amendment designation within the urban core of the CRA (See Map 3-4). Both the CRA and LAC land use designations are intended to foster redevelopment of Dania Beach's 100 year old business district as a mixed-use pedestrian friendly urban village incorporating Transit-Oriented-Design (TOD) to increase transit usage and reduce reliance on single occupancy vehicle usage. 3. Availability of Transportation Facilities and Modes to Serve Existing Land Use Availability, as used here, refers to the extent to which the transportation system provides access to serve existing land uses. Roadways, public transit, bikeways, and pedestrian ways are transportation modes that require an -extensive -network of connections -in -order to serve existing uses. Consequently, this section addresses availability -of the roadway, public transit, bikeways, and pedestrian way networks to serve existing land use. a. Roadway network Availability of the roadway network to serve existing land uses is primarily a function of the existing local roadway system. New development in the City is assured adequate access to local roadways by the Dania Beach City Code. Collector and arterial roadways, as a secondary or tertiary function, often provided direct access to existing land uses. This occurred more often prior to the implementation of current access management standards. b. Public transit network Availability of public transit to service existing land uses is based on the functional area coverage of the existing fixed-route "bus network. Functional area coverage is defined as a 1/2 mile corridor surrounding a bus route, '/a mile in each direction. The '/a mile radius is based upon Ill - 2 Transportation Element studies showing a person would walk up to '/a mile to access the public transit network. The level of service standard adopted by Broward County for public transit is to maintain a 70 percent peak hour functional coverage for residential and employment areas. Data provided in Section C below indicates that these standards are met and there are no transit concurrency deficiencies in the County-wide transit system. Route coverage maps provided as Map 2-2.2 indicate that over 80 percent of the City is currently served by the Broward County transit system and the Community Bus Service. The City continues to coordinate with the MPO and BCt to expand and enhance transit service in the City. The City is committed to providing the Community Bus Service in conjunction with Broward County to serve these areas of the City that are not within the BCt fixed route service coverage area. The Americans with Disabilities Act (ADA) requires that BCt, as an operator of a fixed-route bus system, offer complementary service to persons with disabilities who are unable to use the fixed-route system. A complementary paratransit service should operate at the level of service comparable-to what is provided to persons without disabilities who use the fixed-route system. Since 1996, Broward County Transit has been in full compliance with the service criteria established by the ADA. c. Bikeways Network As previously described, the bikeway system in Dania Beach is limited and deficient; especially along state roads. The City continues to work with FDOT (who has sole jurisdiction over state roads) to obtain funding for bike lane improvements, particularly along Dania Beach Boulevard between Downtown and the Beach. The City also requires the addition of bike paths and bike lanes along all state roads scheduled for resurfacing or reconstruction. This link between the bicycle and public transit is possible because BCt and Tri-Rail are making provision to carry bicycles on their vehicles. Lack of appropriate bicycle facilities at terminals, however, limits the effectiveness of the connection between the bicycle and public transit. Placing bicycle lockers at Tri-Rail stations and BCt transfer points would increase security for parked bicycles, but requires administration over the locker rentals. Providing this service would eliminate two (2) major disincentives to riding a bicycle to a transit location: lack of parking and bicycle theft. III - 3 Transportation Element Allowing bicycles access on board commuter trains and buses has been successful in many areas around the country. In 1995, Tri-Rail developed a policy that would allow bicycles to be brought onto trains. Initially, this policy restricted the hours a bicycle could be brought on board. In 1997, however, Tri-Rail changed its policy regarding bicycles and now allows bicycles on all of its trains. Also, in 1997, BCt began receiving Congestion Mitigation and Air Quality funds to equip .the entire fleet of buses with bicycle racks. d. Pedestrian ways/Sidewalks Availability of pedestrian ways to service existing land uses is primarily a product of the functional area coverage of the existing pedestrian way. As noted in the public transit availability discussion, the distance a person would be willing to walk for transit is approximately 1/a mile or 1,320 feet. While this distance is the industry standard, 95% of the Local Activity Center and 75% of the CRA is located within 500 feet of a transit stop. The City of Dania Beach requires.construction of sidewalks along local, collector, and arterial roadways as part of the. City's site plan review process of new residential and non-residential construction. The City requests the addition of bike paths and bike lanes along all state roads scheduled for resurfacing or reconstruction. 4. Adequacy of Transportation System for Evacuation a. Evacuation-Routes No residential development is located on the barrier island. That portion of the City that is located on the barrier island is limited to the Florida Atlantic University Sea Tech Research Facility, a public park, and the public beach. Those persons of east of Federal Highway that are to be evacuated during a Hurricane need not cross bridges to the mainland. Thus, evacuation for a Hurricane event is significantly less difficult for Dania Beach than it is for most coastal communities. b. Transportation and Hazard Constraints on Routes Again, due to the fact that Dania Beach residents are not required to cross bridges to the mainland in order to evacuate there are not the constraints faced by other communities. c. Evacuation Time The Hurricane Evacuation Study conducted by the South Florida Regional Planning Council estimates that residents having to evacuate from the III - 4 Transportation Element barrier islands using Dania Beach Boulevard could do so in about 3.5 hours. Dania Beach residents will be able to evacuate in significantly less time. Again, the Dania Beach hurricane evacuation time is significantly less..as a result of not having to deal with the bridge constraint issue. 5. Compatibility of Fort Lauderdale/Hollywood International Airport with Adjacent Development in the City of Dania Beach Fort Lauderdale/Hollywood International Airport is a 1,718-acre facility that abuts the City of Dania Beach to the west, south, and east. Properties to the east of the airport are made up of petroleum tank farms; vacant industrial land, car rental facilities, manufacturing and warehouses. Properties to the south and west of the airport are made up of established single-family, residential neighborhoods. In the case of Dania Beach: 1) Airport development has been relatively recent in the City's history, 2) Airport development has occurred subsequent to development of nearby residential properties, and 3) Airport.development is often is incompatible with adjacent uses. While acknowledging the airports presence as a major transportation facility, the City's first concern is too assure that airport expansion and development does not adversely affect existing residential development or the city's fiscal ability to provide municipal services. Accessibility: Residents of the City and the Tri-County area can access the airport through a number of modes of transportation. Local access to the airport is primarily by road from U.S. Route 1 , which has east west connections via 1-595 and Griffin Road. These two roads in turn provide connections to Interstate 95 and the Florida Turnpike. Broward County Transit Route 1 serves the airport. A Tri-Rail connection at Sportsman's Park in Dania Beach was recently completed. A shuttle bus will be able to bring passengers to the airport terminals from the Tri-Rail Depot at Sportsman's Park. With the convergence of these modes of transportation, the airport is a primary multi-modal transportation facility. B. EXISTING TRANSPORTATION SYSTEM LEVEL OF SERVICE AND SYSTEM NEEDS Analysis of the existing transportation levels of service (LOS) and system needs are based on the following data (W-5.019(3)(a), FAC): existing design and operating capacities; most recently available estimates for average daily and III - 5 Transportation Element peak hour vehicle trips; existing modal split and vehicle occupancy rates; existing public transit facilities; population characteristics; and the existing characteristics of the major trip generators and attractors within the community. 1. Roadways Network Map 3-1 depicts the existing roadway network segments that are approaching capacity, that is, those roads with a V/C ratio between 0.90 and 0.99, and those segments that are overcapacity. The figures, including committed trips, are derived from the Traffic Review and Impact Planning System (TRIPS) model, which is operated and maintained by Broward County. Information developed through the model is provided to the City. Map 3-1.1 depicts the existing levels of service based on p.m. peak hour traffic counts derived from the TRIPS model. This data is also provided in tabular form below. Table 2004- Peak Hour Conditions Road, No: Lanes �`VolUme Capacity LOS . SHERIDAN STREET East of Dixie Highway 4 2,534 3,110 D East of US 1 4 2,748 3,390 B STIRLING ROAD East of SR 7 6 4,272 4,680 D East of Park Road 6 4,254 4,680 D East of 1-95 6 3,937 4,680 D DANIA BEACH BLVD East of US 1 4 1,991 3,390 B East of NE 2"d Avenue 6 1,592 5,080 B East of Gulfstream Road 4 1,193 3,390 B GRIFFIN ROAD East of SR 7 6 3,756 4,680 C East of 1-95 6 2,489 4,680 C RAVENSWOOD ROAD North of Stirling Road 2 1,066 1,390 D North of Griffin Road 2 1,047 1,390 D 1-95 North of Sheridan Street 10 21,038 16,980 F North of Stirling Road 10 20,808 16,980 F North of Griffin Road 10 19,890 16,980 F US 1 North of Sheridan Street 4 3,526 3,110 F North of Stirling Road 4 1 4,096 3,110 F III - 6 Transportation Element North of Griffin Road 16 16,015 5,080 F Source:MPO Roadway Level of Service Analysis for Years 2004 and 2030 2. Public Transit.Network The City;'s Plan shall establish the following transportation level of service (LOS) standards: • Within transit oriented concurrency districts, the transportation LOS standards, for the purpose of issuing development orders and permits, are to achieve and maintain the following by FY 2009: Southeast District — Achieve headways of 30 minutes or less on 80% of routes. Establish at least one neighborhood transit center. Establish at least one additional bus route. Establish at least one additional community bus route. Overall — Increase number of bus stop shelters by 30%. Map 2-2.2 displays the coverage currently provided to the City by BCt and the Community Bus Service. It is estimated that the City actually enjoys Functional Coverage rate of 82 percent, which means that more than 13,500 residents are served by BCt pursuant to this standard. C. PROJECTED TRANSPORTATION SYSTEM LEVELS OF SERVICE AND SYSTEM NEEDS Rule 9J-5.019(3)(f), FAC, requires an analysis on the projected transportation LOS and system needs based on the future land uses shown on the future land use map. Rule 9-J-5.019 (3)(e), FAC, requires an analysis of projected intermodal needs. This section addresses the above requirements. 1. Roadways Network The data and analysis included herein is based on the MPO's Year 2015 and 2030 Long Range Plan Needs Assessment. Table 3-2 below documents the projected peak hour level of service for 2015. The volumes in Table 3-2 are based on the Broward County Land Use Plan which establishes a future land use map designation for all properties within Broward County. Because of this land use coordination process, the data in Table 3-2 also reflects the current City Dania Land Use Plan. III - 7 Transportation Element Table 3-2 Projected j d 2015 Peak Hour Traffic.:;Volume and Capacity 2015 Peak Hour. 2015 Peak Hour Roadway:. Link Volume Ca acit 2015 LOS Sheridan Street E of Dixie Hwy 2,416 2,620 D E of US 1 1,392 3,320 B Stirling Rd E of SR 7 3,473 4,420 D E of Park Rd 5,372 4,420 F E of 1-95 6,798 3,750 F Dania Bch Blvd E of US 1 1,949 3,320 B E of NE 2 Ave 1,621 3,320 B E of Gulfstream Rd 1,234 3,320 B Tigertail Blvd E of Ravenswood Rd 872 930 D Griffin Rd E of SR 7 5,379 5,000 F E of 1-95 5,771 4,420 F Taylor Rd E of US 1 541 930 D Ravenswood Rd N of Stirling Rd 2,290 2,060 F N of Griffin Rd 2,131 2,060 E 1-95 N of Sheridan St 24,512 14,300 F N of Stirling Rd 23,385 14,300 F N of Griffin Rd 23,832 14,300 F US 1 N or Sheridan St 4,261 3,320 F N of Stirling Rd 7,358 2,690 F N of Griffin Rd 5,000 5,000 F Source: Broward County Department of Planning and Environmental Protection, Metropolitan Planning Organization. Table 3-3 below reflects the projected peak hour conditions for level of service for 2030. - Table 3-3 2030- Peak Hour Conditions Road No. Volume Capacity LOS Lanes SHERIDAN STREET East of Dixie Highway 6 3,506 3,107 C East of US 1 4 2,846 3,107 C STIRLING ROAD East of SR 7 6 5,365 4,674 F East of Park Road 6 4,871 4,674 E East of 1-95 6 4,341 4,674 D DANIA BEACH BLVD East of US 1 4 2,757 3,392 B East of NE 2"d Avenue 6 2,196 3,392 B III - 8 Transportation Element East of Gulfstream Road 4 1,756 3,392 B GRIFFIN ROAD East of SR 7 6 4,995 4,674 F East of 1-95 6 4,889 4,674 E RAVENSWOOD ROAD North of Stirling Road 4 2,524 2,955 D North of Griffin Road 4 1,374 2,955 C 1-95 North of Sheridan Street 10 33,336 17,347 F North of Stirling Road 10 33,601 17,347 F North of Griffin Road 10 30,202 17,347 F us 1 North of Sheridan Street 4 3,946 3,107 F North of Stirling Road 4 3,806 3,107 F North of Griffin Road 6 5,516 5,083 F Source:MPO Roadway Level of Service Analysis for Years 2004 and 2030 Table 3-4 below reflects the improvements in the Broward County Transportation Improvement Program FY 2007 — FY 2011 that benefit the City of Dania Beach. Table 3-4 Broward.County,Trans ortation Improvement Program Project Limits Type of Work Schedule Ravenswood Rd Griffin Rd. to Stirling Rd Add 2L 41-D 2007 us 1 NW 3 St. to City Limit Bike Path 2008 III - 9 Transportation Element Source:Broward County Transportation Improvement Program FY 2007 — FY 2011, Broward County Department of Planning and Environmental Protection, Metropolitan Planning Organization. Even with these improvements, portions of Griffin, Stirling, and US 1 will operate at an unacceptable LOS in the year 2030 due to the following reasons: 1). Griffin and Stirling Road, due to their proximity to 1-95, 1-595, and Fort Lauderdale International Airport, serve primarily east/west commuter traffic in south and central Broward that neither originates nor terminates in Dania Beach.. U.S. 1 , due to it proximity to 1-595, Fort Lauderdale International Airport, and the cities of Fort Lauderdale and Hollywood, serves primarily north/south traffic that neither originates nor terminates in Dania Beach. Because most of the traffic using U.S. 1, Griffin, and Stirling are external to Dania Beach, the city has limited control over the projected increases in traffic on these facilities. 2). Griffin, Stirling and U.S. 1 are constrained facilities. As such, additional right-of-way can only be acquired though condemnation of commercial properties abutting these roads. Neither FDOT nor the MPO has identified any funding for this purpose in the current Long Range (20 year) Transportation Plan. Even if funded, the acquisition of commercial land for roadway expansion along U.S. 1 would result in an substantial loss of tax base, render many properties unusable, and significantly reduce redevelopment potential. 3). A previous FDOT proposal to create an alternate U.S. 1 by extending Dixie. Highway from Sheridan Street north to Old Griffin Road was rejected by the City Commission in the mid-1990's due to neighborhood impact concerns. Due to these circumstances, the City is implementing Transit Oriented Concurrency and works closely with the Broward County MPO and FDOT to III - 10 Transportation Element identify alternative transportation solutions to improve the efficiency of the existing roadway network and focus on transit improvements to alleviate existing and potential congestion. The City cannot implement traffic or transit related improvements without the support and funding assistance of these agencies. Policy 4.1 provides for the City to support Broward County's programs to study constrained roadways so as to provide for an adequate level of service and to improve mobility. 2. Public Transit Network Map 2-2.2 reflects the BCt transit service coverage area in the City of Dania Beach. Data provided in Table 3-5 demonstrate that 65% of the total area of the City is served by BCt transit. Table-3-5 BCt Transit SerAdo''coverage Population Square #of Bus # of Bus %Area IlAileage Routes Stops Served 27,000 7.8 7 141 82.0 Source: Broward county Transit Development Plan,2005-2009 The TOC LOS standards adopted with this Element will further enhance these facilities. Another important area of public transit service is to accommodate the special needs of the transportation disadvantaged. These needs are documented in the Broward County Transportation Disadvantaged Service Plan, 2004. The City of Dania Beach' continues to work closely with the MPO and BCt to maintain and improve the transit level of service in the City in order to improve overall mobility. 3. Bikeways Network The summary of projected needs included in this subsection is based upon the Broward County Bicycle Facilities Network Plan. The primary need is to develop a bicycle facility network that will provide access to the majority of trip generators. In recent years the consideration of bikeways as part of the roadway design, like landscaping, has gradually become part of the roadway's design process. However, because bicycle lanes were rare in all of Broward County and III - 11 Transportation Element immediate connectivity between the few existing facilities was not financially .-feasible, a construction by opportunity approach was utilized to begin development of the county's on-road bicycle facility network. As new roads are being constructed, on-road bicycle facilities are included. Because most bikeway deficiencies are located within FDOT right-of-way (ie, Dania Beach Boulevard to Beach), the City cannot implement bikeway system improvements without the support and financial assistance of the Florida Department of Transportation. Policies 1-11 through 1.16 further the above initiatives as it relates to improved bikeways. 4. Pedestrian Network The City requires all new development to include provisions for sidewalks. As new construction takes place sidewalks are installed. 5. Railways Network Projected railway network needs is based on the-Tri-County Rail Master Plan, the Transit Development Plan, Fiscal Year 2004 update, and the Florida Rail System Plan. Planning for the railway network is different than other transportation modes as the most of the network is owned and operated by the private sector. As such, the City has limited input regarding railroad ;decisions. FDOT's role is limited to the "proper maintenance, safety, revitalization, and expansion of the rail system to assure its continued and increased availability to respond to statewide mobility needs." Tri-Rail has completed the Airport Station located at 1-95 and Griffin Road. This facility is linked to the airport, Tri-Rail shuttle services, and the City Community Bus. 6. Intermodal Facilities The summary of projected needs included in this subsection is based on the Transit Needs Assessment (1996), prepared by Carr Smith Corradino for the Broward County Mass Transit Division, and the Transit Development Plan (TDP), Fiscal Year 2004 Update, prepared by the Tri-County Commuter Rail Authority. The following analysis of the projected deficiencies and needs are focused on terminals, connections, high occupancy vehicle lanes, and park- and-ride lots. a. Intermodal facilities of state. III - 12 Transportation Element Port Everglades and Fort Lauderdale-Hollywood International Airport needs are respectively addressed in waterway network and airport network needs. With regard to heavy rail, there is a continuing need for federal subsidies to keep CSX, the FEC, and other rail related facilities operational. b. Terminals. Tri-Rail has completed construction of a train depot in the Sportsman's Park Development in Dania Beach. This facility serves the City as well as the airport and the port. The City will encourage redevelopment in the area to incorporate mixed uses which will enhance ridership. c. Connections. A Major Investment Study (MIS) funded by the FDOT is currently underway to develop alternatives for an intermodal connection between the Port and the Airport. Additionally, the Major Investment Study should identify the most appropriate technology, anticipating that potential technologies range from fixed-guideway systems to "special" public transit buses.operating primarily in mixed traffic with some priority treatment. D. MAINTAINING THE ADOPTED LEVEL OF SERVICE STANDARDS Prior to discussing how Dania Beach can maintain the adopted transportation LOS standards, several caveats are in order. The transportation system is a function of the previously made land use decisions. Most of the historical land use decisions impacting transportation LOS standards in Dania Beach t were made by other cities, Broward County, and the State of Florida. These previously made land use decisions include: the location and intensity of built development and constructed roadways; the location and intensity of approved but unbuilt (i.e., vested) development; and public transit investments. Dania Beach and surrounding cities are infill communities with constrained roadways. As such, with the exception of public transit investment, these historical decisions cannot be retracted. The availability of transportation funding, especially at the federal level, can greatly influence local government's ability to maintain the adopted LOS standard. The City works closely through the Broward County Transportation Planning Technical Coordinating Committee and the Broward County toward supporting level of service Standards. 1. Concurrency Management System (CMS) III - 13 Transportation Element Due to the amount of development that. occurred in the City prior to the adoption of CMS requirements and the lack of available right-of-way for roadway improvements, constructing roadway improvements to meet the adopted level of service on all roadways-is cost prohibitive. In order to balance mobility goals with the need for development and redevelopment in the community, the entire City was previously included in a Transportation Concurrency Exception Area that allows infill development even when the road network does not currently maintain LOS. Broward County adopted Transit Oriented Concurrency in 2005 and Dania Beach is incorporating that program into the Transportation Element. The City also supports FDOT and MPO efforts to improve Tri-Rail service to create.an attractive alternative for.commuters in the region. The City supports continued improvements in the system as well as shuttle service to the stations to improve intermodal connections. ..The Broward . County. MPO Long Range (20 year) Transportation Plan recommends that Sheridan Street from U.S. 1 to Dixie Highway should be expanded from four lane to six lanes. However, no funding for right-of-way or construction has been identified, and none is expected to be available (if at all) prior to 2010. Policies 1.20 and 1.21 incorporate the City's LOS-standards. 2. Transportation System Management (TSM) TSM means improving roads, intersections, and other related facilities to make the existing transportation system operate more efficiently, TSM techniques include demand management strategies, incident management strategies, and other actions that increase the operating efficiency of the existing system. In lieu of traditional widening and construction, the City cooperates with the Broward County MPO and FDOT to identify alternative solutions to eliminate traffic problems. The City also supports requiring new development to construct turn lanes at intersection and driveways during the platting process. Although these improvements do not add through lanes, they do improve the operating conditions on roadways. Access management is the control and regulation of spacing and design of driveways, ramps, medians, median openings, traffic signals and III - 14 Transportation Element intersections on arterial and collector roads to improve safe and efficient traffic flow on the road system. Access management is implemented through the platting and site plan process for new developments. While desirable in most locations, application of access management regulations can adversely impact redevelopment in the CRA, particularly along Dania Beach Boulevard. Computerization of signals on roadways has been recognized as one of the most effective ways to improve traffic flows. Broward County Traffic Engineering is responsible for managing all the traffic signals in the County. Through participation in the TCC and MPO meetings, the City supports all efforts by the County to computerize traffic signals. 3. Transportation Demand Management (TDM) TDM means strategies and techniques that can be used to increase the efficiency of the transportation system. Demand management focuses on ways of influencing - the amount and demand for transportation by encouraging-alternatives to the single-occupant automobile and by altering peak hour travel demand. These strategies and techniques include: ridesharing programs, flexible work hours, telecommuting, shuttle services, and parking management. - The report-entitled Proposed Transportation Demand Management Options prepared by the Broward County Transportation Planning Division in cooperation with the FDOT addresses TDM programs. A summary of its findings is addressed below. a. Ridesharing programs. Ridesharing is a form of transportation, other then public transit, in which more than one person shares the use of the vehicle, such as a car or van, to make a trip. Ridesharing requires only moderate densities at the home- end of trips and a common work destination; long commutes are actually conducive to ridesharing since time lost in picking up other passengers is balanced by real cost savings on the commute itself. The ridesharing program Broward County is managed by Gold Coast Commuter Services (GCCS), a FDOT regional commuter assistance program. The GCCS provides computerized rideshare matching service free of charge to area residents and employers. III - 15 Transportation Element Transportation Element Policies 2.6 and 2.7 addresses ridesharing and other TDM strategies as a means of increasing the vehicle occupancy rate. b. Flexible work hours. Broward County still needs to establish more viable TDM programs to modify peak hour travel demand and reduce the number of vehicle miles traveled per capita within the community and region. Flexible working hours' policy needs to be promoted more widely. c. Telecommuting. It is used in many offices, but is still needed to be more widely publicized to encourage greater use. d. Shuttle services. This strategy needs to be implemented not only to the airports but also to daily commuting demands. e. Congestion Management Plan (CMP). Broward County has completed a Congestion Management Plan (CMP). The strategies developed within the Congestion Management Plan give priority to corridors serving the urban infill area. The CMP includes the following; ■ Establishment of measures and standards to assess mobility patterns and the performance of roadways and transit systems; ® —Identification of congested corridors and areas; ■ Identification of short and long range transportation strategies; ■ Establishment of a monitoring process to assess the effectiveness of the congestion management strategies. 4. The Florida Intrastate Highway System ("FIHS") The FIHS is designed for interregional and intrastate functions. Even though most of the traffic on the FIHS today is local traffic making trips less than 25 miles in length, it is still vital for the City, FDOT and Broward County to establish methods of monitoring the impacts on the system and strategies to III - 16 Transportation Element facilitate local traffic to use alternatives to the system to protect its interregional function. a. FIHS impacts monitoring report. The average annual daily traffic and volume to capacity ratios for the two FIHS segments within Dania Beach for 1991 had a volume to capacity ratio of less than 1.0. By 1997, this had changed and the volume to capacity ratios were 1.69 for 1-95 and 1.27 for 1-595. b. Strategies to relieve traffic from the FIHS. Transportation Element Policies 1 .6 and 1 .28 identifies strategies to help relieve FIHS traffic. These strategies are premised on the assumption that improving roads parallel to FIHS roads will make those roads more attractive as a means of travel. These strategies include improving roadway and public transit LOS, double tracking of the South Florida Rail Corridor,. implementation of the congestion management plan, and use of transit-oriented design Additional strategies relate to public transit. These include enhancing feeder bus service to Tri-Rail, expanding community/municipal bus service, improving access to transit, and public education. Another strategy addresses implementation of an intelligent transportation system (ITS). ITS is the use of technology, in whatever form, to assist motorists in the safe and efficient use of the transportation system. It includes the computerized traffic signal system, a new ITS control center for Broward County, the recently completed 1-595 Changeable Message Sign System, variable messages signs for the bridge crossings of the intracoastal waterway, cameras for surveillance and vehicle detection, incident management, emergency management, motorist information system via the use of radio on the Florida Turnpike, and transit vehicle locator system, Tri-Rail information system, and so on. 5. Transportation Concurrency Exception Areas ("TCEAs") The purpose of a TCEA is to reduce the adverse impact transportation concurrency may have on urban infill development and redevelopment as well as the achievement of other goals and policies of the state comprehensive plan, such as promoting the development of public transportation and encouraging appropriate infill development and redevelopment to reduce III - 17 Transportation Element reliance on single occupancy passenger vehicles. Under limited circumstances, it allows exceptions to the transportation concurrency requirement in specifically defined urban areas of a jurisdiction. Dania Beach was previously included within the Broward County TCEA. Broward County has adopted Transit Oriented Concurrency, and Dania Beach is incorporating that program into the Transportation Element. 6. Transit Oriented Concurrency The City is including the Transit Oriented Concurrency program to replace what previously was the Transportation Concurrency Exception Area to address traffic concurrency issues within the community. Transit Oriented Concurrency is a compact geographic area which includes the entire City and its..existing network..of roads and other means of transportation. A level of service standard has been established for the district affecting the City of Dania Beach. The program is incorporating a previously adopted program by Broward County and includes the Southeast District and the Port/Airport District as it.relates to the City of Dania Beach. E. CONSISTENCY BETWEEN THE FUTURE LAND USE ELEMENT AND TRANSPORTATION SYSTEM AND WITH OTHER PLANS This section addresses Rule 9J-5.019(3)(d), FAC, which requires an analysis of the compatibility/consistency of the future land use and transportation elements; Rule 9J-5.019(3)(g), FAC, which requires an analysis that considers the compatibility/consistency of the Transportation Element with the policies and guidelines of other transportation plans; and Rule 9J-5.019(3)(h) and (1), FAC, which requires an analysis of compatibility/consistency with other elements of the Comprehensive Plan. 1. The Future Land Use Element Internal consistency between the Future Land Use Element (FLUE) and the Transportation Element is maintained through objectives and policies in both the FLUE and the Transportation Element. The FLUE includes a number of policies regarding transportation issues that are consistent with those in the Transportation Element such as: • The location of land uses in relation to transportation facilities. • Analyzing the impacts of land use amendments on transportation facilities. • Requiring dedication of right-of-way during the development approval process III - 18 Transportation Element .The Transportation Element also included policies regarding land use issues that are consistent with those in the FLUE such as; Impact analysis of transportation improvements on existing/proposed land uses. Provision of adequate on site parking for all land uses. 2. Broward County Land Use Plan The Broward County Charter established the Broward County Planning Council. The Planning Council is responsible for preparing a countywide land use plan, known as the Broward County Land Use Plan (BCLUP), for adoption by the Board of County Commissioners. The City future land use element and map as well as any amendments must be consistent with the BCLUP. Through certification of future land use elements subsequent to a determination of compliance by the Florida Department of Community Affairs, consistency between future land use elements and the transportation system are assured. The Broward County Planning Council, has exclusive jurisdiction over the Broward County Trafficways Plan, a right-of-way identification map. To accommodate,the impacts of new development, right-of-way is required from developing parcels to.provide.. for an adequate regional roadway network. A dedication for at least half of the roadway width that the Trafficways Plan calls for is normally required at the platting stage. No plat of lands lying within Broward County, either in the incorporated or unincorporated areas, may be recorded in the Official Records prior to approval by the County Commission. 3. Long Range Transportation Plan The Long Range Transportation Plan ("LRTP") is the primary source for identifying priority projects for inclusion in the countywide Transportation Improvement Program (TIP) and guides the expenditure of federal, state, and local transportation funds. It provides a coordinated planning effort to mitigate traffic congestion, minimize reconstruction of existing facilities, and allow for adjustment of growth management policies and transportation strategies. The LRTP consists of five major sections: Goals, Objectives, and Evaluation Criteria; Financial Resources; Needs Assessment; Cost Feasible Plan; and Public Involvement. The Broward Urban Area Transportation Study Year 2030 Transportation Plan ("TP") represents the currently adopted LRTP. The III - 19 Transportation Element Year 2030 TP's objectives and policies are consistent with the provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), under which 15 specific factors were identified. One of its goals is to provide a balanced multi-modal transportation system with a mixture of roadways and transit services that provides for the local and regional movement of people and goods, which is consistent with the purpose of the TE. The Year 2030 TP as well as the Year 2030 TP served as the basis for some of the data and analysis used in the development of this Element. Further, the Year 2030 TP was reviewed for consistency with this Transportation Element. 4. Year 2030 Cost Feasible Plan ("CFP"). The Year 2030 CFP is a transportation plan that identifies major capacity- enhancing improvements recommended for implementation based on projected fund availability. The CFP serves as the basis for funding of the county's roadway and transit programs, bicycle plan, pedestrian plan, and seaport and airport master plans. 5 Florida Department of Transportation's Adopted Work Program Dania Beach is in the jurisdiction of the FDOT's District 4; therefore, the FDOT District 4's Work Program for Fiscal Year 2007 through 2011 contains Dania Beach's projects. Priorities in the 5-year Adopted Work Program are determined by the MPO and are the direct result of the long range planning process. Projects on a . priority list submitted to FDOT for inclusion in the Work Program must appear in the Long Range Plan. The Long Range Plan, in turn, is formulated with the goals and objectives consistent with the Transportation Element and ISTEA's 15 suggested planning factors. The Work Program, once adopted, forms the basis of the new TIP. 6. Transportation Improvement Program (TIP) The TIP is a comprehensive listing of transportation projects in Broward County scheduled for funding in the next five years. It represents the III - 20 Transportation Element cooperative integration of plans by municipalities, the FDOT, the MPO and implementing agencies. Projects are initially identified as part of the Long Range Planning Process. This is a prerequisite for inclusion on an MPO priority list. Priority Lists are then submitted to FDO. Each year in the Annual Work Program, FDOT funds these priorities identified by the MPO to the extent possible. The Annual Work Program in turn forms the state and federal component of the TIP. The priority list is then updated to reflect these funding actions and a new list is submitted each year to FDOT. 7. Port Everglades Master Plan The Master Plan provided the data and analysis included herein on Port Everglades as well as the objectives and policies included in the TE. 8. Tri-County Rail Transit Development Plan This Plan provided the data and analysis included herein on Tri-Rail as well as the objectives and policies included in the TE. .. 9. Broward County Bicycle Facilities Network Plan ("BFNP") The data and analysis included herein, and the TE objectives and policies are based on the BFNP. This assures consistency between the plans. 10. Broward County Five-Year Pedestrian Facilities Development Program The data and analysis included herein, and the TE objectives and policies are based on the PFDP. This assures consistency between the plans. 11.Fort Lauderdale/Hollywood International Airport Consistency between the Future Land Use Element and Transportation Element, consistency between the airport facilities development and the Future Land Use Plan, and compatibility between airport development and existing residential neighborhood are addressed in Objective VI and Policies 6.1 though 6.11 of the Transportation Element. III - 21 Transportation Element IV.GOAL, OBJECTIVES, AND POLICIES The goal of the Transportation Element is to-protect, maintain, and where financially feasible, improve the multi-modal transportation system in a manner that enhances safety, convenience and efficiency, providing for the needs of present and future populations while supporting the City's orderly growth, development, redevelopment and sustainability of the environment. Objective I Through planning and land use regulation, the City shall continue to protect, maintain and improve the functional relationship between the multi-modal transportation system and the future land use map to ensure that the transportation system is convenient and meets the needs of existing and future residents and land use patterns. 9J-5.019(4)(b)2; BC 12.00.00. Policy 1.1 - Continue to require that all properties being platted have direct roadway access and that they provide for the dedication of necessary right of way pursuant to .-the Broward County Trafficways Plan. Policy 1.2 - Continue to provide for a functional hierarchy of roadways. Policy 1.3 — The City of Dania Beach, in conjunction with other local, State and County agencies will continue to implement transportation system management strategies designed to make the existing transportation system operate more efficiently such as improving road conditions, intersection improvements and access management. 9J-5.019(4) (c) 7. Policy 1.4 - Pursue coordination and improvement of transit services to better provide for convenient travel within, through and from the City, by working with the MPO, Technical Coordinating Committee to the MPO, the Broward County Transportation Planning Division, and the Broward County Division of Mass Transit. Policy 1.5 - Work directly with Broward County Transit in developing local supplemental transit systems that are coordinated with the County's public transit system by connecting un-served or under-served areas to the existing system. Policy 1.6 - Continue to support County strategies making transit a convenient alternative to the Florida Intrastate Highway System in order to protect its interregional and intrastate functions. 9J-5.019(4) (c) 13. IV-1 Transportation Element Policy 1.7 - Continue to support County strategies relating to public transit service that help maintain the LOS identified in policy 1.21 . Policy 1.8 - Support Broward County efforts to provide door-to-door public transit service to the transportation disadvantaged. Policy 1.9 - Assist Broward County Transit in the provision of bus shelters, benches and stops at appropriate locations, as new development occurs. Policy 1.10 — Support Broward County Transit's efforts to provide increased bus service connecting the Tri-Rail Station with the rest of the City, the Port and the Airport. .Policy 1.11 - Support Broward County Transit's efforts to encourage improved access to public transit through the provision of bicycle facilities, such as storage lockers, at appropriate locations, as new development occurs. Policy 1.12 - Continue to maintain and, where feasible, improve the functional.area coverage of the bicycle facility network through inclusion . of bikeways and or greenways in road construction projects and as new development occurs. Policy 1.13 — Working with the Florida Department of Transportation, the Broward County Metropolitan Planning Organization, the Broward County Transportation Planning Division, and the City will address missing path links and/or other facility deficiencies within the City's current and proposed bicycle networks, including potential funding sources and coordination with Broward County plans for such facilities. Policy 1.14 — Working with the Florida Department of Transportation, the Broward County Metropolitan Planning Organization, the Broward County Transportation Planning Division, and the City will encourage and support the development of a bikeway network serving significant commercial, employment and recreational centers. Policy 1.15 — Working with the Florida Department of Transportation, the Broward County Metropolitan Planning Organization, the Broward County Transportation Planning Division, and adjacent cities, the City will address deficiencies within the City's existing and proposed bicycle network, including potential funding sources and coordination with Broward County MPO plans for such facilities. Policy 1.16 — The City's bicycle network priorities shall include the following: IV-2 Transportation Element 1) By 2008, determine the feasibility (in terms of both design and funding) of constructing a functional, safe, and usable bicycle path along Dania Beach Boulevard. In, the. alternative, identify funding sources or assistance to reconstruct the existing non-functional bicycle lane to meet minimum FDOT requirements with respect to size (width), location, construction materials, and quality of pavement surface. Continue to pursue FDOT support and financing to reconstruct existing bike paths in this area pursuant to MOT and city standards. 2) Identify constrained rights-of-way where bicycle lanes are the most feasible alternative (in terms of both design and availability of funds) to bicycle paths. 3) Require participation by new development. Policy 1.17 — At a minimum, maintain the current access to water related recreational facilities by maintaining adequate access roads, parking facilities and -boat ramps. Policy 1.18 — Through the City's LDR, encourage and support the location of water dependent uses at appropriate locations. Policy 1.19 — Through the City's LDR, encourage and support private sector initiatives in, developing _water related facilities and services for the use and - enjoyment of-the community- such as marinas, boat ramps, restaurants, water taxi stops, and marine retail. Policy 1.20 — The City of Dania Beach shall adopt the following LOS standards for Strategic Intermodal System (SIS) roadway facilities located within or adjacent to the City: a) 1-95, Level of Service E 1-595, Level of Service D Griffin Road — level of service D Ravenswood Road, level of service D Gulf Stream Way, level of service D Eller Drive, level of service D IV-3 Transportation Element b) Non-FINS Roadways and Roadways Functionally Classified as Collector Roads or Higher: "D". Policy 1.21 — The City incorporates the Transit Oriented Concurrency (TOC) Program as per the Broward County Transportation Element. Development and redevelopment within the TOC (includes the entire City of Dania Beach) shall comply with the concurrency regulations as defined in Policy 1.21 and the City's Zoning and Land Development Regulations. Policy 1.21.1 The City's Plan shall establish the following transportation level of service (LOS) standards: 1. Within transit oriented concurrency districts, the transportation LOS standards, for the purpose of issuing development orders and permits, are to achieve and maintain the following by FY 2009: Southeast District (includes area larger than Dania Beach) — Achieve headways of 30 minutes or less on 80% of routes. Establish at least one neighborhood transit center. Establish at least one additional community bus routes. Establish at least one additional community bus route. Overall,-- --Increase number of bus stop shelters by 30 percent. Maintain the maximum service volumes on arterial roadways within each District, as displayed below: Peak Hour Two Way Maximum Service Volumes All Other Districts, _Two-lane arterials Four-lane arterials Six-lane arterials 8190 Eight-lane arterials 10605 The Maximum Service Volumes are calculated from "Generalized Peak Hour Two-Way Volumes for Florida's Urbanized Areas", published by the Florida Department of Transportation, as 75% above the volumes for Class IV State Two-Way Arterials, for Level of Service E, for the Eastern Core District; and as 75% above the volumes for Class II State Two-Way Arterials, for Level of Service D, for all other Districts. IV-4 Transportation Element Policy 1.21.2 Prior to application for a building permit, the applicant shall obtain a Transportation Concurrency Satisfaction Certificate from Broward County. No building permit will be issued unless the corresponding Transportation Concurrency Satisfaction Certificate has been presented. The City Commission may adopt land development regulations which exempt from this requirement categories of building permits that clearly do not create additional transportation impacts. Policy 1.21.3 The City and Broward County shall issue a Transportation Concurrency Satisfaction Certificate, relative to a building permit application, under any of the following circumstances: 1. If the building permit application is on property within a recorded plat that was approved by the County Commission on or after March 20, 1979, and the building permit application is consistent with the level of development under which the plat is currently approved by the County Commission; and the County Commissions finding of satisfaction of transportation concurrency for the plat has not expired; and the plat is not in violation of an agreement with Broward County with respect to transportation concurrency. 2. If the building permit application is on property for which Broward County has made a finding of vested rights with respect to transportation concurrency; and the building permit application is consistent with the level of development under which the plat was approved by the County Commission; and the plat is not in violation of an_ agreement. with Broward County .with :respect to transportation concurrency. 3. If the building permit application is for property within, and for development in accordance with and as authorized by, an approved Development of Regional Impact (DRI) or a Florida Quality Development (FQD) development order which development order was either issued prior to the adoption of the 1989 Broward County Comprehensive Plan or was issued after being reviewed for, and satisfying, Broward County s transportation concurrency requirements. 4. If the building permit application is for property within a transit oriented concurrency district; and the applicant has paid to Broward County a Transit Concurrency Assessment for the development proposed in the building permit application. 5. If the building permit application is for property within a transit oriented concurrency district; and the application is for an addition to, replacement of, or renovation to a residential building, and does not increase the number of dwelling units within that building nor change IV-5 Transportation Element the type of units. 6. If the building permit application is for property within a transit oriented concurrency district; and the application is for an addition to, replacement of, or renovation to a non-residential building, and does not increase the number of peak-hour trips generated by the building. 7. If the building permit application is for development that promotes public transportation, which means development that directly affects the provision of public transit, including transit terminals, transit lines and routes, separate lanes for the exclusive use of public transit services, transit stops (shelters and stations), and office buildings or projects that include fixed-rail or transit terminals as part of the building. Policy 1.21.4 The Transit Concurrency Assessment shall be calculated as the total peak-hour trip generation of the proposed development, multiplied by a constant (for each year) dollar figure for each District, that represents the cost per trip of all the TDP enhancements in that District. The City and County Commission may adopt land development regulations which enable exemption from_the assessment calculation of high-cost transit projects, such as fixed-guideway facilities. Policy 1.21.5 The City and Broward County Commission shall adopt land development regulations which provide for credits against the Transit Concurrency Assessment for approved site plans which contain features intended to significantly encourage transit usage. Policy 1.21.6 The City and Broward County Commission may adopt land development regulations which provide for a waiver of the Transit Concurrency Assessment for affordable housing projects, and for applications by a government agency for the construction of public buildings which will directly serve the.health and/or safety needs of the public, provided that all such waived Assessments are paid from a designated source. Policy 1.21.7 The City may adopt land development regulations which provide for a waiver of the Transit Concurrency Assessment for a class of development on property within that municipality, provided that all such waived Assessments are paid to Broward County by the municipality, or by a source designated by the municipality. Policy 1.21.8 The revenues from the Transit Concurrency Assessments shall be used solely to fund the enhancements within the County Transit Program (CTP) which are in the District corresponding to the location of the proposed development. However, the Broward County Commission may adopt land development regulations, which set aside up to five percent of such revenues for the following purposes: IV-6 Transportation Element (1) to serve as the designated funding source for waivers granted; and/or (2) to fund costs of administering the concurrency management system and developing the CTP Policy 1.21.9 Prior to the approval of any application for a plat, an amendment to the restrictive note on the plat, or the placement of a restrictive note on the plat, for property within a Transit Oriented Concurrency District, the City and County Commission shall make a finding that the appropriate District satisfies at least one of the following standards: 1. The District does not contain two parallel and adjacent arterial roadways, both of which have a volume/capacity ratio in excess of 1.30, which ratio is derived by comparing existing p.m. peak hour traffic volumes to LOS D peak hour capacities (LOS E for the Eastern Core District). 2. The ridership within the District on fixed route transit services has increased at least 2.5 percent over the previous year. Policy 1.21.10 A building permit application that is subject to a Transit Concurrency Assessment by Broward County shall not be subject to impact fees for regional transportation facilities by Broward County or by . a municipality. Policy 1.22 — The City of Dania Beach shall adopt a transit level of service per Policy 1 .21 for the purpose of issuing development permits. Said levels of service shall include County and local transit service. Policy 1.23 — The City of Dania Beach will participate with Broward County Planning Council, Broward County MPO, FDOT and other municipalities within designated public transportation corridors to develop land development guidelines that promote transit accessibility in the designated corridors service 9J-5.019(4) (c)(9)• Policy 1.24 - The City shall participate with the Florida East Coast Railroad, Tri-Rail, Broward County Transit, and the MPO to support the establishment of multi-modal transportation facility (commuter rail, county bus, and community bus) in the Local Activity Center within a five minute walk of U.S. 1 (Federal Highway), City Hall, Public Safety Headquarters, Chamber of Commerce, and U.S. Post Office 9J- 5.019(4) (c) (9). IV-7 Transportation Element Policy 1.25 - Through intergovernmental planning efforts, Dania Beach shall address overcapacity roadways segments and roadway segments approaching capacity through the following actions: (1) Utilize the results of the County Traffic Circulation Analysis, including level of service determinations, to support County and State road improvements for road segments operating below, or projected to operate below, the adopted peak-hour LOS "D" standard. (2) Support necessary amendments to the MPO's adopted Transportation Improvement Program (TIP) to include the programming of available federal aid and matching funds for improvements to state roads in Dania Beach shown in the adopted Long Range Transportation Plan network where the LOS is projected to remain below the LOS "D" standard. Policy 1.26 — Dania Beach shall coordinate land uses with the transportation system through implementation of the following: (1) Assess the cumulative and individual traffic circulation impacts of land use plan amendments that propose to increase traffic on the existing roadway network, the projected 5-year roadway network, and the long range roadway network. BC 12.01.04. (2) Residential densities in the Low (1 du/ac) to Low-Medium (10 du/ac) density should be located with access to collector streets. (3) Residential densities of Medium (10 - 16 du/ac) density or greater should be located with adequate access to major and minor arterial roadways, expressways, and public transit routes. (4) Industrial uses shall be located with access to major transportation facilities. (5) Participate in the area wide coordination necessary to implement the provisions of this Element through participation in, or membership on the South Florida Regional Planning Council, the Broward County Planning Council, the League of Cities Technical Advisory Committee, and the Metropolitan Planning Organization. 9J-5.019(4) (c) 11. Policy 1.27 - The City's Land Development Regulations shall require adequate on- site parking for all land uses. 9J-5.019(4) (c) 3. IV-8 Transportation Element Policy 1.28 — The City of Dania Beach will participate with Broward County, the MPO, the FDOT and other appropriate municipalities in implementing strategies to facilitate traffic to use alternatives to the Florida Interstate Highway System (FIHS) as a means of protecting its interregional and intrastate functions including the following: (1) Identify appropriate public transportation corridors for the purpose of implementing an overlay zoning district to promote public transit along designated corridors and amend the City's Comprehensive Plan and land development regulations accordingly. (2) Support efforts to improve and enhance Tri-Rail service including double tracking and station enhancements. (3) Support efforts to introduce commuter rail service on the Florida East Coast Railway (4) Request Broward County Transit and the MPO fund transit service improvements along constrained roadways where transit service is operating at capacity, including increasing transit capacity, increasing hours of operation, and decreasing headways during peak periods. (5) Support the widening of Florida's Turnpike to an eight-lane facility. (6) Support interchange improvements, where appropriate, on 1-95, 1-595, 1-75 and Florida's Turnpike. (7) Support the Central Transit Corridor to alleviate traffic pressure on 1-595. (8) Support Intelligent Transportation System (ITS) programs on FIHS facilities, including Electronic Toll Collection (SunPass) and Advanced Traveler Information Systems (ATIS). (9) Support improvements to the HOV system on 1-95. (10) Maintain and, where feasible, improve the level of service on City and County roads that are parallel to FIHS roads. (11) Implement the Congestion Management Plan recommendations, with an emphasis on those City and County roads that are parallel to FIHS roads. (12) Coordinate and synchronize the signalization system along City and County roads that are parallel to FIHS roads. IV-9 Transportation Element J13) Support coordination of intelligent transportation systems (ITS) efforts between the City, FDOT and Broward County. (14) Program public transit route headways and span of service enhancements and the provision of information kiosks along County roads that are parallel to FIHS roads. (15) Enhance regular route service to Tri-Rail stations. (16) Enhance community bus systems to expand transit coverage in areas parallel to FIHS facilities. (17) Improve pedestrian access to transit by ensuring that all phases of road planning, design, and construction include the necessary walkways on all arterial and collectors under the responsibility of the State and County. (18) Provide public education through marketing strategies about public transit desirability and availability. (19) Promote ,transit oriented design along City and County roads that are parallel to FIHS roads. (20) On a tri-annual basis, monitor FIHS level of service and work with the FDOT and the MPO to identify additional strategies. Policy 1.29 — By 2008,_ the City shall amend the Land Development Code to reflect the Concurrency 'Management System outlined in the Transportation Element. Objective 11 Enhance the safety, convenience, and efficiency of the multi-modal transportation system serving the City of Dania Beach by participating through the MPO with the Florida Department of Transportation, the Broward County Metropolitan Planning Organization, Broward County Transit, and the Broward County Transportation Planning Division towards: (1) Reducing the annual rate or ratio of traffic related crash indicators, (2) Improving the functional coverage or access to transportation facilities, and (3) Improving energy efficiency through an increase in mode split and vehicle occupancy rates. Policy 2.1 - Continue to, support the County's efforts in the installation and maintenance of a fully computerized signal system throughout the County. IV-10 Transportation Element Policy 2.2 - Support the Florida Department of Transportation ("FDOT") and Broward County efforts in the development of the Intelligent Transportation System to maximize the use of existing capacity in all modes of travel by completing a freeway operations center for 1-95 by 2001 and a variable message center for 1-595 by 2005. Policy 2.3 — Continue to evaluate roadway and intersection safety and efficiency conditions by requesting FDOT funding for to improvements to roadway segments and intersections that are operating below or projected to operate below the adopted peak-hour Level of Service "D" standard. Policy 2.4 - Encourage joint use of driveways and parking areas, and encourage the use.of cross access easements among adjoining property owners to allow circulation between sites and reduce the number of vehicular access points along roadways. 9J-5.019(4) (c)7. Policy 2.5 - Traffic-calming applications shall be submitted to the Police, Fire- Rescue, and Public Services Departments for recommendation prior to City Commission review. Policy 2.6 — The City of Dania Beach shall continue to participate in cooperative intergovernmental plans and programs to identify appropriate TDM strategies to reduce the peak hour demand and reduce the total number of miles traveled in the region. 9J-5.019(4),(c) 6. Policy 2.7 — By 2007 the City shall evaluate and implement appropriate TDM strategies as identified in the data and analysis through the Clty's LDR. 9J-5.019(4) (c) 6. Objective III Support and encourage multi-jurisdictional efforts that help ensure that the multi- modal transportation system is properly designed to support the development and redevelopment of the City while it experiences orderly growth and sustains the environment. Policy 3.1 - The City shall continue to work with the State and the County to insure that the Florida Department of Transportation Five-Year work programs and long- range transportation plans meet the needs of Dania Beach. IV-11 Transportation Element Policy 3.2 - Continue to construct local roadways and local roadway improvements that meet or exceed safe_design standards and encourage -and support the construction of State and County roads that meet or exceed safe design standards. Policy 3.3 - Future industrial development shall be located with access to major transportation facilities including highways, airports, railroads and seaports. Policy 3.4 - The City shall support and encourage Broward County's access management efforts during the platting process to protect the regional roadway network as identified in the Broward County Trafficways Plan. 9J-5.019(4) (c) 7. Policy 3.5 - The City shall consider and analyze the individual and cumulative impacts of land use plan amendments that add traffic on existing and planned transportation facilities. Policy 3.6 - The City shall coordinate transportation and land use-planning activities with Broward County to ensure compliance with the regional roadway network levels of service standards established by the Broward County Comprehensive Plan. Policy 3.7 - The City shall participate with the Florida Department of Transportation, the Broward County MPO, Broward County, and the City of Hollywood to ensure that Sheridan Street is improved from U.S. 1 to Dixie Highway from four lanes to six lanes to enhance the level of service. Policy 3.8 — Review all land use amendments in'designated 'public transportation corridors and encourage proposed uses that are compatible with and support public transportation. 9J-5.019(4) (c) 12. Policy 3.9 — Adjacent to the Tri-Rail Station and to principal arterials providing BCt service within the Community Redevelopment Area ("CRA"), encourage mixed-use and low-medium to medium-high density home-ownership residential (10 — 25 units per acre) when designed and located to be compatible with existing residential development. Policy 3.10 — Adjacent to principal arterials providing BCt service within the Local Activity Center ("LAC"), encourage mixed-use and high density home-ownership residential (as per LAC intensity/density criteria) when designed and located to be compatible with existing residential development. IV-12 Transportation Element Obiective IV Actively coordinate the plans, protections and provisions for transportation systems within the Transportation Element with the plans and programs of other entities. i.e. the MPO, FDOT, and Broward County. Policy 4.1 - Support the Broward County Transportation Planning Division (who in coordination with FDOT and the municipalities) in its efforts to conduct a study on constrained roadway facilities. It is the intent of this policy to help assure that the study, which shall: (1) Identify constrained facilities, (2) Propose adequate LOS standards for those identified constrained facilities, and (3) Recommend that appropriate actions to improve mobility on the constrained roadways be completed by December 2007. Policy 4.2 - Coordinate with the efforts of the MPO in preparing the Year 2030 Cost Feasible Plan and amendments thereto as well as the Transportation Improvement Program and amendments thereto. Policy 4.3 - Coordinate, monitor and comment on the preparation and amendment of the Florida Department of Transportation's Adopted Work Program. Policy 4.4 - Monitor and coordinate with the County regarding preparation of the Hollywood/Fort Lauderdale International Airport Master Plan including recommending amendments that reflect the needs and concerns of the City. Policy 4.5 - Maintain communications with airport officials regarding airport development activities. Policy 4.6 - All applications for development submitted to the City within the boundaries of Port Everglades shall be provided to the Port for their review and comment. Policy 4.7 - Within the Local Activity Center, work with FDOT, the Broward County MPO, and the Broward County Transportation Planning Division to obtain funding to create a pedestrian-friendly streetscape through the use of landscaping, decorative street paving, lighting, street furnishings as well as by extending walking paths and bicycle routes/greenways. IV-13 Transportation Element Policy 4.9 - Work with the Florida Department of Transportation, the Broward County Metropolitan ;Planning Organization, the Army Corp of Engineers, the South Florida Water. Management District, and other related county, state and federal agencies towards improving and expanding the boat carrying capacity (height, width, and safety) of the Dania Cut-off Canal though the F.E.C. and U.S.1/Federal Highway Bridges. Policy 4.10 - Dania Beach shall coordinate the Transportation Element with the plans and programs of the Broward County Metropolitan Planning Organization and the Florida Department of Transportation, District IV, the port, the airport and Tri- Rail. 9J-5.019(4)(c) 8. Policy 4.11 - Through the Broward League of Cities Technical Coordinating Committee of the MPO, participate in the development review process for applicable transportation plans, in order to ensure compatibility regarding the establishment of locally desired level of service standards. Objective V The City shall assure, through planning, land use regulation, intergovernmental coordination, or land acquisition, that transportation improvements are located so as to not disrupt or adversely impact the City's residential communities or adjacent environmentally sensitive lands. 9J-5.019(4) (b) 3. Policy 5.1 The -City shall maintain SE 5th Avenue as a local street, utilizing abutting vacant properties to meet the recreation and drainage needs of adjoining residential communities, including the acquisition of excess right-of-way as a passive linear park and storm water retention area. The City shall investigate the availability of grant funds (to acquire properties) or the use of zoning and land use regulations to implement this policy. Policy 5.2 - The City shall work with the South Florida Water Management District, the Broward County Department of Planning and Environmental Protection, and the Florida Department of Environmental Protection to preserve and protect vacant lands located between SE 51h Avenue and the adjacent West Lake Park Ecosystem. Policy 5.3 - The City shall coordinate transportation planning with the Future Land Use Plan by planning and locating transportation facilities in a manner which minimizes the potential impacts on adjacent land uses and protects established low (5 du/acre) and low-medium (10 du/acre) density residential communities. Objective VI IV-14 Transportation Element The City of Dania Beach,shall ensure that any projected port, airport, and aviation development and facilities are compatible with existing and future land uses surrounding the airport in the City of Dania Beach. Policy 6.1 - The City of Dania Beach shall review and evaluate all port and airport related development activities to ensure they are consistent with the goals, objectives and policies of the Land Use Element and Transportation Element of the Comprehensive Plan, as well as any neighborhood plans. Policy 6.2 - The City of Dania Beach shall oppose all port and airport related development activities that may result in a loss of City tax base. Policy 6.3 — The City of Dania Beach shall oppose all port and airport related .....development activities.that may result in a negative.environmental,impact upon city residential neighborhoods. Policy 6.4 - The City of Dania Beach shall oppose any efforts to de-annex city properties to accommodate airport expansion or airport facilities. Policy 6.5 - The City of Dania Beach shall work with applicable governmental agencies to ensure that the expansion of any port or airport facilities is consistent with the Future Land Use, Transportation, Coastal Management, and Conservation Elements of the Dania Beach Comprehensive Plan. Policy 6.6 - The City of Dania Beach shall review all transportation related development plans (port, airport, trafficways, mass transit, and fixed rail) and proposals to ensure they are consistent with the goals, objectives, and policies of the Future Land Use, Coastal Management, and Conservation Elements. Policy 6.5 - The City of Dania Beach shall continue to evaluate development proposals related to the Port Everglades and Fort Lauderdale-Hollywood International Airport, including the monitoring and evaluation of the existing Development of Regional Impact agreement. Policy 6.6 - The City of Dania Beach shall coordinate the surface transportation access to ports, airports, and related facilities with the traffic circulation system shown on the traffic circulation maps or map series. Policy 6.7 - The City of Dania Beach shall coordinate port and airport related development with the applicable port and airport agencies, as well as with the United IV-15 Transportation Element States Army Corps of Engineers, Federal Aviation Administration, Metropolitan Planning Organization, and Environmental Protection Agency. Policy 6.8 - The City of Dania Beach shall ensure mitigation of adverse structural and non-structural impacts from port, airport, and related facility development upon adjacent natural resources and land uses. Policy 6.9 - The City of Dania Beach shall ensure the protection and conservation of natural resources within and adjacent to ports, airports and related facilities that impact or adjoin the City. Policy 6.10 - The City of Dania Beach shall ensure that all transportation projects affecting the citizens of the City take into consideration the character, integrity, and quality of life in the City's residential neighborhoods. Policy 6.11 - The City of Dania Beach shall protect properties adjacent to the airport from incompatible uses on airport property by public notice and through representation on the Dania Beach Airport Advisory Board. Objective VII The City of Dania Beach shall continue to take action at the local level and participate in cooperative intergovernmental plans and programs that will increase the availability, efficiency and convenience of transportation facilities including public transportation. 9J-5.019(4) (b)1.; 9J-5.019(4)(b)4. Policy 7.1 — Dania Beach shall coordinate with Broward County to improve public transit service in the City in particular to the existing and proposed major trip generators. Policy 7.2 - Coordinate with Broward County to adjust local and regional bus and shuttle service to better meet the transit needs of residents, employees and shoppers in Dania Beach. Policy 7.3 - Continue to coordinate with BCt to meet the bus stop and transit terminal needs of City residents and visitors including adequate provisions for disabled transit riders. Policy 7.4 - Coordinate with Broward County to examine and implement ways to make the transit system more accessible to the City's elderly and transportation disadvantaged population. IV-16 Transportation Element Policy 7.5 — The City of.Dania Beach shall continue to coordinate with FDOT, MPO and BCt regarding the provision of convenient intermodal terminals and improved access to intermodal facilities including the port, the airport and Tri-Rail facilities. 9J- 5.019(4)(c)14. Policy 7.6 - Continue to utilize the City and Broward County plat approval process as a means to acquire right-of-way for existing and future public transit improvements. 9J-5.019(4) (c) 16. Objective VIII The City of Dania Beach shall implement land development regulations to ensure development does not encroach upon existing rights-of-way or future rights-of-way as provided in the Broward County Trafficways Plan. 9J-5.019(4) (b)5.; BC 12.02,00. Policy 8.1 - Dania Beach shall continue its current practice of preserving existing and future transportation rights-of-way by requiring necessary land dedication through platting and site plan review and annexation approval processes in accordance with the Broward County Trafficways Plan and Dania Beach Land Development Code. 9J-5.019(4)(c)4.; BC 12.02.03. Policy 8.2 - In order to protect the transportation corridors identified on the Broward County Trafficways Plan, Dania Beach shall not issue building permits or development orders for construction in identified rights-of-way. 9J-5.019(4)(c)4.; BC 12.02.0. Objective IX The City of Dania Beach, pursuant to the Community Redevelopment Agency (CRA) and Local Activity Center (LAC) land use plan designation, shall promote transit oriented development. Policy 9.1 - The City shall encourage and support private development in the CRA and LAC that include the following: a. Mixed land uses including both residential and commercial uses. b. Construction of sidewalks and installation of pedestrian improvements such as benches, interconnected walkways, and lighting. C. Construction of transit stop improvements and convenient walkways that connect development to transit stops. Policy 9.2 - Provide Community Bus routes that serve the CRA and LAC. IV-17 Transportation Element Policy 9.3 — Apply for funding to construct improvements in the CRA and LAC that promote a pedestrian oriented development, especially along the U.S. 1 corridor. Policy 9.4 — Work with FDOT to assure that access management criteria is not applied in such a way as to discourage mixed use development in the CRA and LAC Policy 9.5 - Include provisions in the City Land Development Regulations to encourage mixed use developments in the CRA and LAC. Policy 9.6 - Request Broward County Transit and the MPO fund transit service improvements along constrained roadways where transit service is operating at capacity, including increasing transit capacity, increasing hours of operation, and decreasing headways during peak periods. IV-18 Transportation Element V. DEFINITIONS For the purposes of this Element, the following terms shall be defined as shown below unless the context dictates otherwise. This listing is fairly comprehensive and was developed by Broward County as a part of their Transportation Element. It may be that there are terms that are not necessarily utilized within the text of the element. Due to the comprehensive nature of the listing it was utilized intact. Sources of the definitions, where available, are given in parentheses. Action Plan. A program of transportation improvements designed to maintain and improve the capacity or reduce demand of roadway links in heavily congested areas (Guidelines for the Development of Action Plans, Broward County, 1992). Airport clear zone. This means a designated area of land which is subject to peak aircraft noise and on which there is the highest potential of danger from aircraft operations (Rule 9J-5, FAC). Airport facility. Any area of land or water improved, maintained or operated by a governmental agency for the arrival and departure of aircraft, or privately owned paved runway of 4,000 or more feet in length, and any appurtenant area which is used for airport facilities or right-of-way (Rule, 9J-5 FAC). Airport obstruction. Any structure, object of natural growth, existing condition or use of land which obstructs the airspace required for the flight of aircraft in arrivals or departures at an airport or which otherwise increases the risk of danger to aircraft operations (Rule 9J-5 FAC). Annual average daily traffic (AADT). The volume passing a point or segment of a highway in both directions for one year divided by the number of days in the year (Level of Service Manual, Florida DOT, 1995). Backlogged roadways. Those roads that are operating at a level of service below the minimum level of service standards, not programmed for construction in the first three years of FDOT's adopted work program or the five-year schedule of improvements contained in a local government's capital improvement element, and not constrained (Level of Service Manual, Florida DOT, 1995). Bicycle and pedestrian ways. Any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded (Rule 9J-5 FAC). V-1 Transportation Element Bicycle lane. A portion of a roadway that has been designed by striping, signage, and pavement markings for the preferential or exclusive use of bicyclists (Transportation Expressions, U.S.-DOT, 1996). Bicycle path. A bikeway physically separated from motorized vehicular traffic by an open space or barrier and located either within the highway right-of-way or within an independent right-of-way (Transportation Expressions, U.S. DOT, 1996). Bicycle route. A segment of a system of bikeways designated by the jurisdiction having authority with appropriate directional and information markers, with or without a specific bicycle route number (Broward County Bicycle Facilities Network Plan, 1996). Blueway.. A.-waterway which. has been designated for conservation, recreation, or both and which may be connected with greenway hubs, sites, and linkages. (CNPD) Broward County Trafficways Plan. The plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter, which depicts a network of trafficways for Broward County ( Land Development Code). The Broward County Trafficways Plan is a roadway right-of-way preservation plan. To accommodate the impacts of new development, right-of-way is required of developing parcels to provide for an adequate regional roadway network (Documentation of the Broward County Trafficways Plan, Broward County Planning Council). Carpool and vanpool. Carpool is an arrangement where two or more people share the use and cost of privately owned automobiles in traveling to and from pre- arranged destinations together, and vanpool is an arrangement in which a group of passengers share the use and cost of a van in traveling to and from pre-arranged destinations together (Transportation Expressions, U.S. DOT, 1996). Capacity. The maximum rate of flow at which persons or vehicles can be reasonably expected to traverse a point or uniform segment of a lane or roadway during a specified period under prevailing roadway, traffic, and control conditions; usually expressed as vehicles per hour or persons per hour. (Highway Capacity Manual, Special Report 209, Transportation Research Board, 1994). Committed trip. A trip generated within the Traffic Review and Impact Planning System (TRIPS) model from an approved but not built development (Land Development Code, Broward County, 1997). V-2 Transportation Element Compact-Deferral Area. The geographic area which is a two (2) mile band having a centerline; which is coincident with the centerline of the congested link, extends parallel to the congested link for a distance of one-half ('/2) mile beyond each end point of the congested link (Land Development Code, Broward County, 1977). Concurrency. The provision of insuring that the necessary public facilities and services to maintain the adopted public transit level of service standards are available when the impacts of development occur. Transportation, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and public education are the only public facilities and services subject to the Broward County concurrency requirement. The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. Concurrency..management system. The procedures-or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development (Rule 9J-5 FAC). Constrained roadways:, 'Roads that cannot be expanded by the addition of two or more through-lanes because of physical, environmental or policy constraints (Level of Service Manual, Florida DOT, 1995). Demand flow rate. The traffic flow rate that now wants or at some future time is expected to want to travel over a point on or section of a highway for a 15-minute period, expressed in vehicles per hour (Level of Service Manual, Florida DOT, 1995). Demand Response Transit Service. Non-fixed-route service utilizing vans or buses with passengers boarding and alighting at pre-arranged times at any location within the systems service area (Transit Fact Book, American Public Transit Association, 1996). Facility availability. Whether or not a facility is available in a manner to satisfy the concurrency management system (Rule 9J-5 FAC). Feeder route. A transit route which has the characteristics of traveling on local streets, utilized for shorter trip lengths and transfer connections (Transportation Expressions, U.S. DOT, 1996). Fixed-route service. Transit service provided on a repetitive, fixed-scheduled basis along a specific route, with vehicles stopping to pick-up and deliver passengers to V-3 Transportation Element specific locations; each fixed-route trip serves the same origins and designations, - unlike demand response and taxicabs (Transportation Expressions, U.S.- DOT; 1996). Florida Intrastate Highway System. A statewide network of limited-access and controlled-access highways designed with general-use and exclusive-use lanes to accommodate Florida's high speed and high volume highway traffic (Level of Service Manual, Florida DOT, 1995). Functional area coverage. A 1/2 mile corridor surrounding a bus route, '/a mile in each direction. Greenway. A corridor of protected open space established for conservation, recreation or-both which,may-contain a pedestrian path or bikeway. (A Community Resource Guide for Greenway Proiects, Florida Department of Environmental Protection, Office of Greenways and Trails). Headway. The time interval between transit revenue vehicles passing a specific location (Transportation Expressions, U.S. DOT, 1996). Intelligent Transportation System (ITS). Use of computer and communications technology to facilitate the flow of information between travelers and system operators to improve mobility and transportation productivity, enhance safety, maximize the use of existing transportation facilities, conserve energy resources and reduce adverse environmental effects; including concepts such as "freeway management.systems," "automated fare corrections" and "transit information kiosks" (Atlanta ITS, Georgia DOT, 1997). Intermodal facility. An intermodal facility is a single or closely related transportation facility used by two or more modes of transportation. Intermodal system is one providing connections between different modes, such as adequate highways to ports or bus feeder services to rail transit;. individual modes working together to provide the user with the best choices of services (Corridor Management Procedure, FDOT, 1996). Level of service. An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility (Rule 9J-5 FAC). V-4 Transportation Element Limited access facility. A roadway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or�other persons have no greater than a limited right or easement of access (Rule 9J-5 FAC). Linked trip. A trip from origin to destination on the transit system. Even if a passenger must make several transfers during a journey, the trip is counted as one linked trip on the.system (Transportation Expressions, U.S. DOT, 1996). Major public transit trip generators or attractors. Major trip generators or attractors are concentrated areas of intense land use or activity that produces or attracts a significant number of local trip ends (Rule 9J-5 FAC). For public transit, a site which attracts a substantial number of person trips per day. Defined here as meeting or exceeding the following thresholds: Office parks - 100,000 sq. ft. GLA; shopping centers.-.5.00,000 sq. ft.; schools - 1000 students; major:employers - 1000 employees; health facilities - 100 beds (Broward County Comprehensive Plan 1989). Modal split. The proportion of total person trips that use each of various specified modes of transportation-(Transportation Expressions, U.S. DOT, 1996). Multimodal system. A transportation system consisting of more than one mode of travel to serve transportation needs in a given area (Corridor Management Procedure, FDOT, 1996). Operating revenue., For public transit, revenue from various sources including the farebox, pass sales, contracted service, advertising revenue, and other revenue generated through the activity of operating the transit system; and the amount of money which a carrier receives from transportation operations (Transportation Expressions, U.S. DOT, 1996). Paratransit. Transit services which are characterized by their nonscheduled, non- fixed route nature such as ride sharing, car or van pools, demand responsive buses, and other public transit services (Rule 9J-5 FAC). Planning analysis hour factors (K,00). The ratio of a highway section's volume in the year's 1001h highest volume hour to its annual average traffic volume. In developed areas the year's 1001h highest volume hour represents a typical weekday peak traffic hour during the area's peak travel season, i.e., that area's peak season "rush" hour, usually in the late afternoon. The Kioo factor refers to a demand volume, not necessarily a measured volume. V-5 Transportation Element Public transit. Passenger services provided by public, private or non-profit entities such as the following surface transit modes: commuter rail; rail rapid transit; light rail transit; light guideway transit; express bus; and local fixed route bus (Rule 9J-5 FAC). Recreational trip. A trip for leisure, relaxation, or enjoyment purposes, as opposed to utilitarian purposes. (1989 Broward County Comprehensive Plan, Broward County Comprehensive and Neighborhood Planning Division). Regional Activity Center. A compact, high intensity, high density multi-use area designated as appropriate for intensive growth by the local governments, which may include: retail; office; cultural, recreational and entertainment facilities; hotels and motels; or appropriate industrial activities (Strategic Regional Policy Plan For South Florida, South-Florida Regional Planning Council, 1995). Right-of-way. Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use (Rule 9J-5 FAC). Roadway functional classification. The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories. Arterial road. A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road (Rule 9J-5 FAC). Principal arterial. A roadway which serves the major centers of activity of urbanized areas, the highest traffic volume corridors. It carries most of the trips entering and leaving the urban area, as well as most of the through movements bypassing the central city. It could be stratified as follows: (1) interstate; (2) other freeways and expressways; and, (3) other principal arterials (A Policy on Geometric Design of Highways and Streets, 1990, American Association of State Highway and Transportation Officials). V-6 Transportation Element Minor arterial. A roadway which interconnects with and augments the urban principal arterial system (A Policy on Geometric Design of Highways and Streets, 1990, American Association of State Highway and Transportation Officials). Collector road. A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or. arterial roads (Rule 9J- 5 FAC). Local road. A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property (Rule 9J-5 FAC). Terminal. Any location where passenger.or freight either originates, terminates, or is handled in the transportation process; or where commercial motor carriers maintain operating facilities (Transportation Expressions, U.S. DOT, 1996). Timed-transfer. Transit system design whereby buses are scheduled to meet at designated locations to facilitate transferring (Transportation Expressions, U.S. DOT, 1996). Traffic Review and Impact Planning System (TRIPS) Model. A computer model maintained in the Broward County Development Management Division which accounts for the traffic from approved but not built development. See Committed Trip (Land Development Code, Broward County, 1997). Transfer station. A fixed location where passengers interchange from one route or vehicle to another (Transportation Expressions, 1996). Transitway. A dedicated right-of-way, most commonly in a mall, that is used by transit units, usually mixed with pedestrian traffic (Transportation Expressions, U.S. DOT, 1996). Transit Oriented Development (TOD). Development reflecting a design philosophy that encourages development from the ground up with transit in mind; emphasizing securing a high density level, combining a mix of uses, utilizing a hierarchy of streets and designing at a human scale to maximum the potential for transit use within a community (Strategic Regional Policy Plan for South Florida, SFRPC, 1995). Transportation Concurrency Exception Area (TCEA). A specific geographic area, or areas, delineated in the local government comprehensive plan for urban V-7 Transportation Element infill development, for urban redevelopment, and for downtown revitalization within the designated central business district that could be excepted from the Jraffic circulation concurrency requirements (Rule 9J- 5.0055 FAC). Transportation Concurrency Management Area (TCMA). A compact geographic area with existing or proposed multiple, viable alternative travel paths or modes for common trips. The purpose of this optional alternative transportation concurrency approach is to promote infill development or redevelopment within selected portions of urban areas in a manner that supports the provision of more efficient mobility alternatives, including public transit (Rule 9J-5 FAC). Transportation corridors. Major routes used for moving people and goods by one or more transportation option (Strategic Regional Policy Plan for South Florida, SFRPC, 1995).., Transportation Demand Management (TDM). Strategies and techniques that can be used to increase the efficiency of the transportation system. TDM focuses on ways of influencing the amount and demand for transportation -by encouraging alternatives to the single-occupant automobile and by altering local peak hour travel demand. These strategies and techniques may, among others, include: ridesharing programs; flexible work hours; telecommuting; shuttle services; and, parking management (Rule 9J-5 FAC). Transportation .disadvantaged. Those individuals who because of physical or mental disability, income status, or age are unable to transport themselves to or purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life- sustaining activities (Rule 9J-5 FAC). Transportation System Management (TSM). A range of improvement-strategies that are non-facility and low-capital oriented to make the existing transportation system operate more efficiently. TSM techniques include demand management strategies, incident management strategies, and other actions that increase the operating efficiency of the existing system in the short range (Rule 9J-5 FAC). Trunk line. A transit route which travels longer distances, primarily along arterial roads, with few deviations (Transportation Expressions, U.S. DOT, 1996). Unlinked trip. The number of passengers who board public transportation vehicles. Transit trip taken by both initial boarding and transfer passengers (Transportation Expressions, U.S. DOT, 1996). V-8 Transportation Element Urban infill. .For roadway concurrency purposes, development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place and the average residential density is at least five dwelling units per acre, the average nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not constitute more than 10 percent,of the area (Section 163.3164, F.S.). Utilitarian trip. A trip for work or errand purposes, as opposed to recreational purposes. (1989 Broward County Comprehensive Plan, Broward County Comprehensive and Neighborhood Planning Division). Volume-to-capacity (WC) ratio. The ratio of demand flow to capacity for a highway . ...(Level of Service._Manual, Florida DOT, 1995). Wide curb lane. The outermost lane of a roadway, for vehicle travel, which is expanded from the standard 12 feet width to at least 14 feet in order to accommodate bicycle travel. Wide curb lanes are not designated by striping or pavement markings. .(1989 Broward County Comprehensive Plan, Broward County Comprehensive and Neighborhood Planning Division). 110% Maintain. It shall mean that the number of trips on a road segment shall not exceed 110% of the number of actual trips in the road segment plus the number of ::committed-trips in the TRIPS model approved as of October 1 , 1996. Acronyms and Abbreviations. The following acronyms and abbreviations are found within this Transportation Element. As is the case with the definitions, this is a very comprehensive listing developed by Broward County in the preparation of their Transportation Element. It is used within this report intact. AADT Annual Average Daily Traffic ADA Americans with Disabilities Act ADT Average Daily Traffic ASV Annual Service Volume BCLDC Broward County Land Development Code BCt Broward County Transit CDA Compact Deferral Area CMP Congestion Management Plan CMS Concurrency Management System V-9 Transportation Element COE United States Army Corps of Engineers COFC Container-on-flatcar CPTED Crime Prevention through Environmental Design CSX Coastal Seaboard Railroad DCA Florida Department of Community Affairs DMT Broward County Division of Mass Transit DPC/CME Deepwater Port Component of the Coastal Management Element DRI Development of Regional Impact EIS Environmental Impact Statement FAA Federal Aviation Administration FAC Florida Administrative Code FAR Federal Aviation Regulation FBO Fixed Base Operator FCTD Florida Commission for the Transportation Disadvantaged FDOT Florida Department of Transportation FEC Florida East Coast Railroad FIHS Florida Intrastate Highway System - FLL Fort Lauderdale/Hollywood International Airport FOX Florida Overland Express FRA Federal Railroad Administration FS Florida Statutes FSUTMS Florida Standard Urban Transportation Model Structure FTPK Florida Turnpike FXE Fort Lauderdale Executive Airport HOV High Occupancy Vehicle ICW Intracoastal Waterway ITS Intelligent Transportation System LOS Level of Service MIS Major Investment Study MLW Mean Low Water mph Miles per hour MPO Metropolitan Planning Organization NFNR North Fork New River PAL Planning Activity Level (airport) PJA Port Jurisdictional Area SFNR South Fork New River SFRC South Florida Rail Corridor SFRPC South Florida Regional Planning Council SSPP Safety System Program Plan TAZ Traffic Analysis Zone V-10 Transportation Element TCC Broward County Metropolitan Planning Organization's Technical Coordinating Committee TCEA Transportation Concurrency Exception Area TCMA Transportation Concurrency Management Area TCRA Tri-County Commuter Rail Authority TDM Transportation Demand Management TE Transportation Element TEU Trailer Equivalency Unit TIP Transportation Improvement Programs TOD Transit Oriented Development TOPS Transportation Options Program TOFC Trailer-on-flatcar TRIPS Traffic Review and Impact Planning System TSM Transportation System Management USDOT United States Department of Transportation V/C Volume to Capacity ratio V-11 PUBLIC HEARING CITY OF DANIA BEACH TRANSPORTATION E NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Wednesday, February 14, 2007 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of adopting the following ordinance on second and final reading: ORDINANCE NO. 2005-029 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. F, L'3y g4 Port Eve glades INTERSTATE 585,;, Hollywood a ,.,.. Airport clear zone GRIFFIN RD Z mHollywood O 'D .. .. o DANIA BEACH BL _. H i'ywood m STIRLIN(i R - p . m City of Dania Beach Boundary Map ERIDAN ST Adoption of amendments to the Transportation Element affects the entire area shown on the map. A copy of the proposed ordinance is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to comprehensive plan amendments. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and(954)924-3623 at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Local Planning Agency, the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and. evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Publish: Friday, February 2,2007 CITY OF DANIA BEACH Agenda Item # �® Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: �/i' ., yam _ , r Re ueS ed'Action {I(�#?rtfity approprtate Acttctn 4r RESOLUTION NO.2007-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BOND FROM CHAPTER 28,"ZONING",ARTICLE 4,"SCHEDULE OF LOT,YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1085 SE 6TH AVENUE,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ong- V1thy Aptron rs P[ecessaryWN,s f, / y 115 /What Acton Accampl�shes / a,IN a �Pulrchasrng RequeStS�Of�Lffr Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ TO Summa Ex lanatlon/BaCICOUrid �} ,�r,.ae,�, s,,: 9i _,»., �i�.'''f�aa ,.. asiw sv//1,.,�5 Yfk• ss - E,m�,.rti,,w, .,.„z w.,,...,..�• �3, r sP.,..-t,,... ///�,.o..a�... .nee ,_,, s,. 2 VA-90-06: The applicant, John Bond is requesting a variance to construct an addition to a single family home with a six foot side yard setback (10 feet required) and a 10.5 foot rear yard setback (15 feet required). Property located at 1085 SE 6th Avenue. ��SCIldc �b5t$Ltt1lr�f .�.,,✓/,�H�.ti/G/,il✓. ,.a.e:...r././�ca1a,�.mi,..;,,�ea,,.,.ii,/�.s(..,,� .n..w�.,. „ti..v ry _ „W..,,F �, t, .M. .v.x:,,....w�'./,f, �ata,r �71 Lf lf {.)� S/AC"ZilhM / xn Gr S rf CGY w y� /�R /�/ i 1%✓ i„ xI Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 :sari'/f� y /�, ✓ //r 6 r�r✓1-i` E i�,s.%r Author�tzecl Signatures ,/ 5 r L a,. �� _ , G� .�., Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date 77'�' ':" alb r, a �;8i ✓iF ,/ �/' 'Y r. / ✓// !y a �c/� f/ V grgler m �/ z ta,�.i�,:...uv;.,�,a ,:,, : ,�,,,i „v✓//,rvir,F o .. :�m„ .a: Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BOND FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1085 SE 6TH AVENUE, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot,Yard and Bulk Regulations",prescribes the setback and lot coverage requirements for structures within the City of Dania Beach; and WHEREAS,the property owner John Bond is requesting a variance(VA-90-06)to construct an addition to a single family home with the following: 1. to construct an addition to a single family home that will be set back 10.5 feet from the rear property line; Chapter 28, "Zoning", Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 15 foot setback in RM-2 Zoning; 2. to allow building lot coverage to be 48.8%; Chapter 28, "Zoning", Article 4 "Schedule of Lot, Yard and Bulk Regulations" allows a maximum of 35%, for property located atl085 SE 6t" Avenue, Dania Beach; and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended approval of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-90-06, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations",of the City Code of Ordinances is approved. 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 on PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-021 CITY OF DAMA_BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director L FROM: Corinne Lajoie, AICP, Principal Planners Louis Mercado, Planner L-itikA SUBJECT: VA-90-06: The applicant, John Bond is requesting a variance to construct an addition to a single family horse with a six foot side yard setback (10 feet required) and a 10.5 foot rear yard setback (15 feet .required). Property located at 1085 SE 6th Avenue. PROPERTY INFORMATION ZONING: Single Family (RM-2) LAND USE DESIGNATION: Medium (16) Residential (M) The single-family home is located in the "Homes of Sheridan Ocean Club", a planned single-family development within the Sheridan Ocean Club. This particular home abuts a large lake to the rear. The addition will encroach into 4 1/2 feet into the required rear yard and 4 feet into the south side yard. The south side yard encroachment matches the existing building setback. STAFF RECOMMENDATION The applicant shall demonstrate to the City Commission that the granting of the variances is justified pursuant to the City Code variance criteria. PLANNING AND ZONING; BOARD RECOMMENDATION On January 17, 2006 the Planning and Zoning Board recommended approval. LL/ CC/LM f City of Dania Beach, Florida Department of Community Development Planning and Zoning Division -�---- (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request egg . D ❑ Rezoning ����"pp//�� ate Rec'd: `S O� ❑ Site Plan ((��� ❑ Special Exception etition No.:VAIT-Z" o(o CI Special Request DEC 5 1006 ❑ Trafficway Waiver 9"variance ;r I�ck, Planning ❑ vacation Request Department ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. ® All projects must also obtains a building permit from the City's Building Depa ent. Location Address: c� 5c-i r; Lot(s): ` Block: Subdivision: ,V Recorded Plat Name: Folio Number(s� �� �-� L ���-/ Legal Description: .c Applicant/Consultant/Legal Representative (circle one) _ Address of Applicant: I c / Business Telephone: Home:�9�`� /��`0 Fax: �_�:�7 ��- (�� c•� �� � 1 _ Name of Property Owner: Address of Property Owner: � �`� �>_� ��� � � ,`� , �- G��J"�t C� Business Telephone: Home:�/ ��- �- / 6 Fax:c �( Explanation of Request: NN4 1. V", ® Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing User 0 Proposed Use: Is property owned individually, by a corporation, or a joint venture? s'' I < t 1 1 I> I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. / /n Applicant/Owner signature Print Name Date( APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This Z0 day of�~C . 2(Vo Signature: Date: � �eA S n Name of Notary Public (Print Name) State of( ) NOTARY PUBLIC-STATE OF FLORIDA /L ff Janet Roberts-Me er l0 �Ss .�( �� � J Pri 3— Street Address, City, State and Zip Code Expires: JAN. 27, 2010 Banded Thra Arlamic Bonding Co.,Tnc. YW— 1 _ 7 Commission Expires: y j 1 _��L�c Seal: Telephone No. &Fax No. iT\' INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner, of subject lands descr ed above and that I have authorized (Applicant/Consultant/Representative) n/ d N to make and file the aforesaid application. Sworn to and subscribed ¢efore me Owner: This '2.(-)day of L)-T 20t)b Signature: v—t Date: ign Name of Notary Public (Print Name) State of( ) �_ ,iLORIDA ���� �� �_. /JG�' /��1� J Fi �L�:� Pri - Street Address, City, State and Zip Code Con m�,lssio #DDS06673 f ,�(�/` Coin 5�� 27, 2010 �) L� ��51 �� Z'2. Sear a Telephone No. & Fax No. ® John A. Bond & Jeanne E. Deinin er Tel: 954-929-0008 Fax: 954-929-0207 E-mail: Sundancel@aol.com 1085 SE 6th Ave., Dania, Fl., 33004-5408 GPS WAYPOINT: Latitude 26' 02' 20" Longitude 080' 08' 00" Re; Zoning Variance Application 1085 SE 6`h Ave. Lot 19 Homes of Sheridan Ocean Club We applied for a building permit to enclose the patio on our house. The person who read the application said we needed a ten foot setback on the side and a fifteen foot setback from the lake because we are zoned multi-family. But we are a single family zero lot line development with six feet between houses and a ten foot setback from the lake on some parcels. Our building plan has the same six foot between us and our neighbor as our house is and as pretty much every house in our development is. Our building application calls for a 13.2 foot setback from the lake. Apparently what happened was that our neighborhood—the Sheridan Ocean Club - was zoned multi-family and when the builder built several single family areas inside SOC (including our development,the Home of Sheridan Ocean Club)he never got the zoning changed. So even though we are zero lot line single family homes, we are zoned multi- family. There are 106 homes in our development and it's my understanding that we are the third or fourth homeowner here to put on a small addition who has had to deal with this issue. Basically we can't get a building permit without a variance because even though we are a single family home we are still zoned multi-family. The six foot setback from the neighbor and the ten foot setback from the lake (actually 13.2 feet in our case for the proposed addition)are standard in the neighborhood. Our association and the master Association have both reviewed our plan and approved them. So have all our neighbors. And near-neighbors, as part of the association review. Thank you very much for your consideration. s John Bond & Jeanne Deininger DEC 1 5 2006 ring L.__. ,),artment NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-90-06 ` NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on WEDNESDAY, February 14, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-90-06: Applicant, John Bond is requesting a site plan modification to construct an addition to a single family home located at 1085 SE 6th Ave. The site plan modification will require approval of the following variances: 1. To construct an addition to a single family home that will be set back 10.5 feet from the rear property line. Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 15 foot setback in RM-2 Zoning. 2. To allow building lot coverage to be 48.8%; Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations" allows a maximum of 35%. Legally described as: HOMES AT SHERIDAN OCEAN CLUB, PARCEL VI, LOT 19; A PORTION OF PARCEL `A', "U.S. LEND LEASE PLAT NO. ONE", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111 AT PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE MOST WESTERLY PORTION OF SAID PARCEL `A'; THENCE S 00°07'10" W, ALONG THE WEST LINE OF SAID PARCEL `A' AS SHOWN ON SAID PLAT, A DISTANCE OF 967.96 FEET; THENCE N 81'05'34" E, A DISTANCE OF 764.60 FEET; THENCE N 08'47'25" W, A DISTANCE OF 245.05 FEET; THENCE N 25'31'40" W, A DISTANCE OF 399.78 FEET; THENCE N 05'32'09" W, A DISTANCE OF 80.61 FEET; THENCE S 88°16'09" W, A DISTANCE OF 18.59 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 88°16'09" W, A DISTANCE OF 87.03 FEET; THENCE N 16°18'32" E, A DISTANCE OF 5.58 FEET; THENCE N 09'52'11" E, A DISTANCE OF 34.63 FEET; THENCE N 89°29'03" E, A DISTANCE OF 81.76 FEET; THENCE S 03°27'29" W, A DISTANCE OF 37.63 FEET TO THE POINT OF BEGINNING; CONTAINING 0.0742 ACRES (3231 SQUARE FEET) MORE OR LESS. SAID LANDS LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m.,Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. See Reverse side of this notice for a location map of the site Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Mailed on: Friday, February 2, 2007 Planning Associate Location Map: Ei8 8000 ST ~�E 9TH'S SE 10THT_ Hdmes,At Sheridan acelln Club S�ISTHTEi2� � t 's' x } $E t2TH ST 3E 13T4 S f f SE'1+FTH ST Gil' 'C Q> (D O c 6 O m .� � CDC N O > > N (o OD Li 00 o Cl) N C:) N O O 00 i O O 00 O 00 00 00 o O OD a- r e- e- N N 2 M — — O O O O O O O 0 0 (D 0 0 0 0e- M (D (Dqq4t 'tt N V 'IT NT lq;t 19t Iq IRt v v qq v V V OO � cf 'V M tt U.) 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LLLLLLLL000p � N 2 'E MgQQQQQW W WF-' X E 2F- F- wF- F- wC14000ZO N O 00 m 0 It LL U � N 00 M r- O O O W CO COLOt0c0 (D � � � CAIl U U O W W Q cr Zm m Q w D � Z o � z 0 o wU 9 �m9 W m U2 wmm � U O Q CE mm0Qz -mQ� m 0r >p Q Z0 WJCL Ir g0 C-) wpCDWaQJ ,a Z < > m ¢ °m = a wo cr 'I VUJ Z WQW z zz } � S _ �> MO . L0 Q ° Q MC-) < ) z t f0 cLi � � 00000000000 ONmv Loot- MMOtoN m N — m m m Oo w w w w o O m m m W 0 0 0 o 0 o 0 0 0 0 0 LU 2 C r- fl- ti ti L�- t` h L- r- 00 00 C C U O O o 0 0 0 0 0 0 0 0 p p m 0 0 0 0 0 0 0 0 0 0 0 00 p o E 'TI 'TI 'TI 11633 S.W. 58th Street Q-11 rt46 6 9 LAND SURVEYORS® ® Cooper City, Florida 33330 x Phone (954) 680-4061 Licensed Business #6601 -GAL DESCRIPTION: APAREVIATION LEGEND: COMES AT SHERIDAN OCEAN CLUB A.G. - AVERAGE GRADE 1ARCEL VI CL - CENTER LINE R/W - RIGHT OF WAY _OT 19 (M) - MEASURED a PORTION OF PARCEL 'A', "U.S. LEND LEASE PLAT NO. ONE", ACCORDING TO (P) - PLAT PROPERTY LINE FHE PLAT THEREOF AS RECORDED IN PLAT BOOK 111 AT PAGE 44 OF THE CONC. - CONCRETE 'UBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY N.T.S. - NOT TO SCALE L.B. - LICENSED BUSINESS )ESCRIBED AS FOLLOWS: CND. - FOUND CLF CHAIN LINK;OMMENCE AT THE NORTHWEST CORNER OF THE MOST WESTERLY PORTION WM - WATER METER ENCE )F SAID PARCEL 'A'; THENCE S 00°07'10" W, ALONG THE WEST LINE OF WD C.B.S. - CONCRETE BLOCK STRUCTURE - WOOD -)AID PARCEL 'A' AS SHOWN ON SAID PLAT, A DISTANCE OF 967.96 FEET; PP - POWER POLE OHL - OVERHEAD LINE FHENCE N 81°05'34" E, A DISTANCE OF 764.60 FEET; THENCE [E - ELECTRIC METER J 08°47'25" W, A DISTANCE OF 245.05 FEET; THENCE N 25'31'40" W, A B/w - BACK OF WALK BRG - BEARING )ISTANCE OF 399.78 FEET; THENCE N 05'32'09" W, A DISTANCE OF 80.61 RLS - REGISTERED LAND SURVEYOR E/P - EDGE OF PAVEMENT -EET; THENCE S 88°16'09" W, A DISTANCE OF 18.59 FEET TO THE POINT OF E/W - EDGE OF WATER C.P. - COVERED PORCH 3EGINNING; THENCE CONTINUE S 88'16'09" W, A DISTANCE OF 87.03 FEET; P.C. - POINT OF CURVATURE FHENCE N 16'18'32" E, A DISTANCE OF 5.58 FEET; THENCE N 09'52'1 1" E, A - DADE COUNTY RECORDS A --ARC DISTANCE OF 34.63 FEET; THENCE N 89'29'03" E, A DISTANCE OF 81.76 T - DELTA T - TANGENT -EET; THENCE S 03°27'29" W, A DISTANCE OF 37.63 FEET TO THE POINT OF PL5 - PROFESSIONAL LAND SURVEYOR 3EGINNING; CONTAINING 0.0742 ACRES (3231 SQUARE FEET) MORE OR LESS. A/c - AIR CONDITIONING P.0.8. - POINT OF BEGINNING SAID LANDS LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, N16'18'32"E P.O.C. - POINT OF COMMENCEMENT BROWARD COUNTY RECORDS LORIDA. 5.58' O/S - OFFT SE R - RADIUS ROPERTY ADDRESS: FPL - FLORIDA POWER & LIGHT FND. 5/8" FF - FINISHED FLOOR 1085 S.E. 6TH AVENUE IRON ROD & GAR - GARAGE DANIA, FLORIDA CAP, #514 FND. DENOTES ELEVATION NAIL A K E 0.6' O/S WEST & DISC ER11FIED TO: NO # EDGE OF \ WATER 1. JOHN BOND JN09'52,11 ON LINE 34.63' E FND. 5/8" IRON ROD & NORTH CAP, #514 h CONC. 0.9' O/S EAST ,p N ri / S� BUILDING BUILDING 7.2' t8.3' CORNER i CORNER '3 0.0' NORTH 0.0' NORTH j'%; COVERED SCREENED SCREENED /. / �`/ PATIO PATIO _! /13.9' / CONC. CONC. u� OD/ 10.1, w b PRIVATE �. ,�/,'/�16di .r o I RE5IDENCE I' TWO STORY _ n RE5IDENCE BUILDING i FF=8.16' a7 Sr` CORNER i GAR=7.23' 2.1" 0.0' NORTH�, % BUILDING CORNER 6.0' ;10.4'%:o 0 aJ 0.0' NORTH WEST LINE p PARCEL A' 15.1' CONC. WALK N P.O.C. o, N.W. CORNER OF 00 SOO'07'10"W MOST WESTERLY Z 967.96' PORTION OF PARCEL 'A' N ry N O p N U OCABLE TV BENCHMARK 0BELLSOUTH FND. NAIL & WATER FND. NAIL & METER 17.75'(M) DISC, NO # DISC, NO z� ELEV=6.86 3 S03'27'29V 37.63' � w t- 6TH AVENUE BENCHMARK 00 r� CO (20' ASPHALT) FND. NAIL & DISC, NO # N05'32'09"W ELEV=7.03 80.61' AO �g Np8.47'25„W tar 24.5.05' m9@2973 1 DEC 5 2006 Planning VA-1 0,lk OOD INSURANCE NOTES: DRAWN BY: EMB CHECKED BY: GB FIELD BK. SCALE: 1"=20' :OMMUNITY PANEL SUFFIX DATE OF FIRM ZONE BASE FLOOD REVISIONS: NUMBER NUMBER FIRM INDEX ELEVATION 04-055 120034 0309 F 10/2/97 AE 6' FILE No. Nest Finished Garage Lowest or Elevation 8.16' Floor Elevation 7.23 Adjacent Grade 7 IRVEYOR S NOTES: THIS BOUNDARY SURV,6L FOR Tr'LE,:AND-:;MORTGAGE PURPOSES ONLY. gal Description provided by client. f �$ is survey was not abstracted by the undersigned for ownership, I CERTIFY THE ACCURACY AND' C'OMPhETEN.ESS z `�OF THIS SURVEY FOR THE PURPOSE sements, reservations, and/or rights-of-way of record. INTENDED. �derground locations and/or underground encroachments, if any, are not Dated this If6TO ' day of HAPRIL ':,20 04 A.D. own unless otherwise indicated. o� " orations are relative to National Geodetic Vertical Datum of 1929, and a own thus: and are based on COUNTY benchmarks. ' Borings based on: Z SEE LEGAL DESCRIPTION AND SKETCH ry,'L. BOC,UI'1'01 NCHMARK: NORTH RIM OF MANHOLE AT P.I. OF S.E. 3RD AVENUE Professional,Land Surveyor.&,Mappe"r. ND S.E. IOTH STREET State of Florida Registration Glo 5376 ' NOT VALID WITHOUT THE SIGNATUREAND THE ORIGINAL RAISED 5.21 Elevation: SEAL OF A FLORIDA LICEN�`SURVEYOR AND MAPPER. CITY OF DATA BEACH Agenda Item # • Agenda Request Database 1W Date of Commission Meeting: 2/13/2007 Adopt Resolution 0 Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ,, xm Requested ACttOli � 1d2nf[ty al?(3rp(3Rat� A�; Ot MUt[ rr/�/Gi, r RESOLUTION NO.2007-022 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF JEFF GUZOWSKI,FROM CHAPTER 28,"ZONING",ARTICLE 4,"SCHEDULE OF LOT,YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 238 SE 2ND STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why'Actlon 1s�NeCessh y ' V�„ } a.n ufi„ ,b . _ ....z �a✓w. ,,.. �,. ._rx4 ,4 �,w ',.. a K ,.r u,., y What Actaoh1, 'dcomplllSheSyNF z IN ... 1,11 f ; r y e Purchas ng Requests®NLY y r r f ,_.,µ,,,:,,..„ww, ✓,rze,.. ...,�: �cs,. ,ww�z..�.._..,!,: ,,,,,,. . .._._u ,.„ur,.✓,%0 Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ /SUtT)mary EXpI hatton Background �y r 'r r i a � £ , r�� •� `'�z ''w- ��o,_,,.,.,.,..vim/l.;dr /� as _,c.,.�se,. 5 � c.,.,.,asp �..,n...w�,.,, s s..,,v' ;; �� ..,,.,_„,oi „1�,�'v.., rr�s.,,,.,.�d/iiuz�, m. .z�,2.. i�/'�%S VA-85-06: The applicant, John Bartley on behalf of Jeff Guzowski, is requesting a variance for the construction of an addition to a residential home located at 238 S.E. 2nd Street Dania Beach, Florida. �� ao„✓��a.,:' �,v!��,,,.,.�.�ii„�.;. �.. �'y i�,,;�^' '„u�y L „, �;v✓� �,tii/e' .:: �,�.c, .,.,ci, raw �. ,�:' ,� �,. ��_�.,��.,.»�a/s`,,;�„r.,:a,.�:✓ 'Exhtb�ts Atchec ; �/ y �i,,.,�,v�6�.. ... w..............�.� .., ,,,,f ..f. .../ �',z...�✓�/� .,.,G%/ti/�..�,.a.....;.,,� .,.�,.%�.,.�,.�m,u.. /i�/i,,,,�z„� zF f� �y ,.,,,,�, ::o�-�ic ,..,miy�,..,/G. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 m, ��^� , wry , Au#hor�zed Signatures rx % , /y i w ,i,,,... .t..»..,,�!' , ,..../,... Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date CI Cilerk Ilse/ y / � y i i £ ,....✓_<%1.,... �/!co ,n„�is i.r,.,.,�,,... .�,. ,�.... .w «.,,,,.,, /l am,,: ,,,,.,i i-=,< a.« zs// .....,., :%,.�_ awn. `�//�'' Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF JEFF GUZOWSKI, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT,YARD AND BULK REGULATIONS",FOR PROPERTY LOCATED AT 238 SE 2ND STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", prescribes the setback requirements for structures within the City of Dania Beach; and WHEREAS,John Bartley,representing Jeff Guzowski,is requesting a variance(VA-85-06) from Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", from the required setback requirement to allow the construction of an addition to a single family home that will be set back 10 feet from the rear lot line for property located at 23 8 SE 2nd Street(a minimum 15 foot setback is required in the rear yard); and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended approval of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-85-06, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations",of the City Code of Ordinances is approved. 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 on PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-022 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner Louis Mercado, Planner '--rNkA SUBJECT: VA-85-06: The applicant, John Bartley on behalf of Jeff Guzowski, is requesting a variance for the construction of an addition to a residential home located at 238 S.E. 2"d Street Dania Beach, Florida. VARIANCE To allow the construction of an addition to a single family home that is set back 10 feet from the rear lot line. Code requires a 15 foot set back. PROPERTY INFORMATION ZONING: Single Family (RS-6000) The property is located at the south west corner of SE 2"d Street and SE 3rd Ave. The homeowner wishes to install an addition to the single family home set back 10 feet from the rear lot line. VARIANCE Code requires rear yards to be a minimum of 15 feet. The home is located on a corner lot with the main entrance facing north. Code defines the front of the house based on the location of the main entrance. By definition, the rear yard is directly opposite the front yard. The addition footprint will add 325 SQ. FT. of building area. The homeowner proposes adding new driveway area north of where the current driveway exists. At least 40% pervious area is provided. The home is located on an existing non-conforming lot. The lot depth is 81.50 feet, nearly 10 feet less than required by code. STAFF RECOMMENDATION The applicant shall demonstrate to the City Commission that the variance criteria have been met. PLANNING AND ZONING BOARD RECOMMENDATION On January 17, 2007, the Planning and Zoning Board recommended approval. LL/ CC/LM Location Map: sisrr RW000 This',s°it� Srjt�i,NdFZq sE2� V RD 8000 R 4 y RS-6000 C: l; s��xQ t'�tx ® December 2, 2006 To the City of Dania Beach To whom it may concern, I Thomas Doan resident of 205 SE 3`d Ave. in Dania Beach which is directly to the south of 238 SE 2nd St. which is owned by Jeff Guzowski and as property owner I have no objection to his proposed addition with a 10' setback.. Sincerely, Thomas Doan • S e r' J • • City of Dania Beach, Florida Department of Community Development Planning and Zoning Division 924-3645 General Development Application ❑ Administrative Variance REMOVE ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment DEC 0 12006 ❑ Plat ❑ Plat Delegation Request Planning ❑ Rezoning Date Rec'd t ElSite PlanLV ❑ Special Exception Petition No.: (o ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or • their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: S L r�)Lr\d Lot(s): l U Block: Subdivision: DC1��G GUl �I e l J Recorded Plat Name: L� a-t c) Folio Number(s): �J -yam O�-�L��00R I Legal Description: nn(cl G-w - V ta-� ApplicanQConsultanegal Representative (circle one) -EUVr� L.).,l/q Address �U L Business Telephone: �1 'q L-1-07l '?come: �4`1�-I T7 2 Fax: ci� Name of Property Owner: kk Address of Property Owner: Business Telephone: Cl.S- Home: /c'�L-I• q - ��� Fax: Explanation of Request: 190 4-5' lv A2L—.z Od i; �� S'r� AdA r Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: 5F V- Proposed Use: 5{= Is property owned individually, by a corporation, or a joint venture? I understand at site plan and variance approval automatically expires within 12 mont of Commission approval, pursuant to Ordinance No. 2005-040. 00, 12-710(y Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 11 day of NMEZ 20 Signature: - Date, �- G me of No ry Public (Print Name) Se f r �Cr c rim g l S_' a'w 'Cap OcaC� Print Narn't of Notary Street Address, City, State and Zip Code jape-Bridget Bergeron r¢_�9on#DD218855 -d •2007 SEA `oQ aoaaed lnc. Telephone No. &Fax No. ® ,,,oF ��• AUaLric s S INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am th fee im le owner of su�ect lands escri d above and that I have authorized (Appiicant/Consuitan Representativ \, f lh(� &I QUAA1 to make and file the aforesaid apple on. Sworn to and subscribed before me Owner: v This 1-1 day of h1;;v c-1Kti4%-20 0 e Signature: ' Date: `% ?_C Si a e of No ublic (Print Name) State.. (�Fk2I`'c ) Print Nam of Notary Street Address, City, State and Zip Code Commissioo,EXpiresrL:.; i;, .l:,,,r -,-- - q St{ �i 25- 'T-a 77 Seal: ;-icc uaission ,�ozrss£ Telephone No. &Fax No. ® = 5ondad Thm Guzowski —Variance 238 SE 2"d Street Criteria Statement (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The home is located on a corner lot and to make the construction of the addition work on the south side of this lot, I will need a setback variance for 5 feet from what has been determined to be the rear yard. The existing building is constructed on a lot with 25 foot setbacks on both SE 2"d Street as well as SE 3`d Avenue, and the code indicates that the front door determines where the rear yard is (SE 2"d Street). However, the west side of the lot is used as the back yard and not the south side. (b) That the special conditions and circumstances do not result from the actions of the applicant. There is plenty of room on my lot to construct the addition on the south side, while still leaving 10 feet of setback area from the south property line. This is more than what the code would require for a side yard setback. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; I do not believe this would constitute a special privilege, this appears to be a case of interpreting where the front, rear and side yards are located, and application of the setbacks for each. (d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; The code is interpreted as stating that the rear yard is determined by location of the front door. In this case it does not work because the area where the code says my back yard should be is much smaller that the area we utilize as a back yard, which is the west side. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The code requires a 15' rear yard setback and a 7' side yard setback. I would be asking for a variance for 5 feet, because of the determination of where the rear yard is located. However if the area was determined to be a side yard, I would not need a variance at all. (f) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. D I• spoke to my neighbor to the south and they have no objection to the requ DEC 0 1 1006 Planning � Aartment NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-85-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on WEDNESDAY, February 14, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-85-06 —Request by applicant John Bartley, representing Jeff Guzowski, for property located at 238 SE 2nd Street to allow the construction of an addition to a single family home that will be set back 10 feet from the rear lot line. Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 15 foot set back. Legally described as: Lot 9 & 10, Block 1 of "Dania Golf View" according to the Plat thereof, as recorded in Plat Book 36, at Page 50 "B" of the Public Records of Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed on: Friday, February 2, 2007 See Reverse side of this notice for a location map of the site >Y (D w > Cn Z 0 Co O ; of N 0 > m N L I.L w LL 0 W w _J Q U') M O - t IT 0 0 0 CD M CD e- M N t- I` r- O V O .t O - O O O th It V e- O N O O O N N O O O O O N I.- Lo r- I` O I- I` r- fl- I` I` I,- I- I- r- I` O O O O O O O P- M - MIt M 'T M M C? 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Agenda Item # Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution x Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested'Actl o (Iden0ty afaproprtate Action c Mott 13 VA RESOLUTION NO.2007-023 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CLYDE AND VICTORIA NANAN,FROM CHAPTER 28,"ZONING',ARTICLE 4,"SCHEDULE OF LOT,YARD AND BULK REGULATIONS',FOR PROPERTY GENERALLY,LOCATED AT THE 200 BLOCK OF NW 14TH WAY,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. A,Ct101'f is NecesSa z� x�G ,r y INN ,23 What'Actror►A�ccompltshes �' �i�.k ;,. x s.. �. -„�.,�.,,. ,..,. ...<, rW....a.... ,J✓ uc,„-,,,.. . ..,...K,.,,-, .. «._. ,..,.,. �., .z .,, ,x1lx->-=A„�k .a.ro .,,, ,w,..t:, �.. y. g;_., ws�2,,,..,.41.«,.w.: ., .....a,,,,,., �,r,,..a '%i,,:w/�� �. ,.c,., ,.:4s , ..,_;;��i�.... l/i�/,y,,,,...s' ,sw,,,,;1�»„zSw,,: :wriF.:�.,,,,....:'�..,._.....__,,;2_ ,✓i '. ,,,F f;;,, 'lr .,;%?. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �7r y1 N :S rnrnary; xp ar atu�n B MRSE u t i '�i,�G. :as -.°�. �`a,. VA-84-06: The applicant, Clancy Nanan, is requesting a variance to construct a new single family home in the 200 Block of NW 14th Way with the following variances: a) 22 foot front yard setback(25 feet required). b) 12 feet rear yard setback (15 feet required). c) 7 foot side yard (7.5 feet required). d) 70 foot lot depth (90 feet required). e) 4,900 square foot lot(8,000 square feet required). Exhibits AttachedON Rw Fr €tv -i',..'ll/G/"" .,.yr/"�" ,i�✓.'"/ :: .. / ' s<r'. / �...,,�.�....._...,,�..,...✓/,,,...,,c,/H.ra,F,,,. .._,.,�.w�,....�s_.,,. �'.�r...���.. .!v_<:"�,.ua �Y ,,,'�-s`:t Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 '201,111, s A d e a Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date z F ^fir � � / F a ' / � '"�'�✓a/ii �� /,/ // � / Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-023 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CLYDE AND VICTORIA NANAN,FROM CHAPTER 28,"ZONING",ARTICLE 4,"SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT THE 200 BLOCK OF NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot,Yard and Bulk Regulations",prescribes the requirements for structures within the City of Dania Beach; and WHEREAS,Clyde and Victoria Nanan are requesting a variance(VA-84-06)from Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", from the required setback requirement to allow the construction of a single family home set back as follows: 1) To allow the construction of a new single family home with a front yard of 22 feet; Chapter 28, "Zoning", Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 25 foot front yard; 2) To allow the construction of the home with a rear yard of 12 feet; Chapter 28, Zoning Article 4"Schedule of Lot,Yard and Bulk Regulations"requires a minimum 15 foot rear yard; 3) To allow the construction of a the home with a 7 foot side yard; Chapter 28, "Zoning", Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 7.5 feet; 4) To allow the construction of the home with a lot depth of 70 feet; Chapter 28, "Zoning", Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 90 feet; and 5) To allow the construction of the home with a lot area of 4,900 square feet; Chapter 28, "Zoning", Article 4 "Schedule of Lot, Yard and Bulk Regulations"requires a minimum 8,000 square feet, for property generally located in the 200 block of NW 141" Way; and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended approval of the variance request,based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-84-06, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations",of the City Code of Ordinances is approved. 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 on PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-023 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director From: Corinne Lajoie, AICP, Principal Planner ojell_ Louis Mercado, Planner Lqv-A SUBJECT: VA-84-06: The applicant, Clancy Nanan, is requesting a variance to construct a new single family home in the 200 Block of NW 14th Way with the following variances: a) 22 foot front yard setback (25 feet required). b) 12 feet rear yard setback (15 feet required). c) 7 foot side yard (7.5 feet required). d) 70 foot lot depth (90 feet required). e) 4,900 square foot lot (8,000 square feet required). PROPERTY INFORMATION ZONING: Single Family (RD-8000) LAND USE DESIGNATION: Low-Medium (10) Residential The home is to be constructed in a vacant lot across from Mildred Jones Park. The lot abuts existing homes to the sides and rear. The undersized lot (70' wide x 70' deep lot) is surrounded by existing homes on all sides. Plans submitted by the applicant indicate the project meets code requirements for lot coverage, pervious area, and off-street parking. STAFF RECOMMENDATION The applicant shall demonstrate to the City Commission that the variances are necessary to allow a reasonably sized home to be built on this site. PLANNING AND ZONING BOARD RECOMMENDATION On January 17, 2007 the Planning and Zoning Board recommended approval, provided the applicant retain storm water on site as required by the Public Services Department. LL/CC/LM _—' City of Dania Beach, Florida Department of Community Development ® Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ID U ❑ Site Plan 11 -- ❑ Special Exception Petition No.: -U�A ❑ Special Request ❑ Trafficway Waiver 2 Variance (set-backs) ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: N.W. 14 th Way Lot(s): Block: Subdivision: SUN GARDENS FIRST ADD Recorded Plat Name: Folio Number(s): 5042 33 15 0010 Legal Description: SUN GARDENS FIRST ADD 30-21 B TR A N 70 OF S 490 OF E 70 LESS THEREFROM W 7.5 FOR R/W Applicant/Consultant/Legal Representative (circle one) APPLICANT Address of Applicant: 4848 SW 25 Ave. , Fort Lauderdale, FL 33312 (954)ne: 812-8410 Home: 983-2573 954-987-4873 Business Telephone: Home: Fax: Name of Property Owner: NANAN, CLYDE A VICTORIA Address of Property Owner: 4848 SW 25 Ave. , Fort Lauderdale, FL 33312 Business Telephone: Home: Fax: Explanation of Request: Variance Request concerning Set-backs, (front and rear) Prop. Net Acreage: Gross Acreage: Prop. Square Footage: 4900 ® Existing Use: NONE (VACANT LAND) Proposed Use: SINGLE FAMILY CONSTRUCTION Is property owned individually, by a corporation, or a joint venture? JOINT VENTURE CORPORATION NOTARIZED SIGNATURE: rThis is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) V I C-�c,r f cx- /-�'l a rJ cry&I to make and file the aforesaid application. Sworn to and subscribed before me i This 1? day of 20 Signatu ✓v/�'�ZL GU DOROTHY E.9UISENBERRY � \\ Notary Public:State of Florida Date' IV A-,( MommJsson Expires fvby 13,2M V C s:• + .c Commission I DD 212343 (Print Name)** Sign Name of Notary Public State of(r.4-Q j�,v*r) Print Name cY Not Street Address, City, State and Zip Code CQmrpission ss 9�-1--1(�'O'Z S : " ` ' ' Telephone No. & Fax No. c�r �itir t � c r9cR?Y * Eaeti gainer mystsign,�Ij„` uplieate sheets as required. r E CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands s ribe above 1and that all partners have authorized (Applicant/Consultant/Representative) f�� —to make and file the aforesaid application. Sworn to and subscribed before me This day of�4 Z),f 20_c�. Signatur DOROTHYE.QUISENBERRY �- =� ° Date: Notary Public-State of Florida JPJQ My Corm#Sslon Expkes May 13,2007 I of ,• Com Ission#DD 212343 (Print Name)14 Sign Name o Nota Public � sso- IIrl-42 3Zg-o State of( ) Print Name of otary V Street Address, City, State and Zip Code Commission Expires: `i�a� — �I (— I tX)7 Sea Telephone No. &Fax No. %;"sY P6'% DOROTHY E.QUISENBERRY Rio PJotary Public•State of Florida ** "i4�t1fl3tx> nAt jXm sheets as required. >.,;r�,��;:��' Commission#DD 212343 November 20, 2006 City Commissioners City of Dania Beach Building&Zoning Department Re: ID# 5042 33 15 0010—Nanan,Clyde&Victoria REQUEST FOR SET-BACK VARIANCE FOR FRONT & REAR To Whom It May Concern: It has been a lifelong dream of mine to build a single-family home in one of the quit areas of Dania Beach, Florida, where I grew up. This opportunity has now presented itself (mentally and financially) in the availability of a vacant lot located at NW 14t'Way. Frankly, I am very familiar with the community at large. I am also very well aware of the lots requirements that consist of 25' to the front, 15' to the back and 7' on each side. In this interest,I am writing to request a variance for the front and the rear, setting back the front to 22 feet and the back to 12 feet, respectively. Although I am aware that your zoning and planning board consists of legally binding regulations, I trust that I will receive your utmost consideration in granting this variance, in order for me to accomplish my goal of building a home on this property. In my opinion,I believe that building this house would not.only add great value to the community's ambiance,but it would also serve to encourage growth and future development in the neighborhood. With great anticipation, I look forward for a very favorable and expeditious response in this regard. Very truly yours, 1 Y t CLit "�. Clanc Nan n 4848 SW 25 Avenue Dania Beach, FL 33312 P.S. Accompanying this letter are 6 copies of the plan and 6 copies of the survey, as requested NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-84-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on WEDNESDAY, February 14, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-84-06: The applicants, Clyde and Victoria Nanan, are requesting a variance to reduce the front, rear and side building setbacks for the construction of a new single family home located at the 200 Block of NW 14th Way. The variance requests are as follows: 1) To allow the construction of a new single family home with a front yard of 22 feet. 'Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 25 foot front yard. 2) To allow the construction of a new single family home with a rear yard of 12 feet. Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 15 foot rear yard. 3) To allow the construction of a new single family home with a 7 foot side yard. Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations"requires a minimum 7.5 feet. 4) To allow the construction of a new single family home with a lot depth of 70 feet. Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations"requires a minimum 90 feet. 5) To allow the construction of a new single family home with a lot area of 4,900 square feet. Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum 8,000 square feet. Legally described as: The North 70 feet of the South 490 feet of the East 70 feet of Block A, Sun Gardens First Addition, according to the Plat Book 30, Page 21, of the Public Records of Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Mailed on: Friday,February 2, 2007 Planning Associate See Reverse side of this notice for a location map of the site Location Map: �. . - - sr. v =r ,. 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M CM 0 m N N N N N 'p m 00000 0)0t0 In Ln Ln In to M PETER BLANDINO SR. 3600 S.STATE ROAD 7,SUITE 261 BOUNDARY SURVEY •" _ 05-4926 MIRAMAR,FL.33023(954-987-6644) LEGAL DESCRIPTION: The North 70 feet of the South 490 feet of the East 70 feet of Block"A", SUN GARDENS FIRST ADDITION,according.to the Plat.thereof, as recorded in Plat Book 30, Page 21, of the Public Records of Broward County, Florida.. .CERTIFIED TO: Clancy Nanan 560A1' TRACT "A" g $ N. W. 14TH WAY 10.06, j% 70.06 PLAT 4W 69.88'FiELD SUN GARDENS (26-37) LOCATION SKETCH (NOT TO SCALE) - — - — --N. W. — -14TH— _ -WAY- — - —� c — ASPHALT PAVEMENT 0P o-- -I � SETi/2"IRON 70.00' j FOUND 3/4" PIPE&CAP 7 IRON PIPE LS3487 CATCH BASIN CHAIN LINK FENCE 9.0'E a 0-5'N CHAIN LINK FENCE 15.0'E a 1.0'N v V Q O C O O VACANT (FIXED INPROVEMENTS DO NOT EXIST) SET 1/2"IRON PIPE&CAP "y'C 21 1006 LS3487 WALL NOV OFFSET1.ow 95S �� n18L13KSFENGE alewLMI GAIN VCl asw a o.e++ 70.00' o.1'E wALL0.1W R PIPE&"IRON pq ENCROACHING PIPE&CAP D g�i��` / rtPiTa�ent ENE LS3487 Underground locations and/or underground encroachments, Not valid without the signature and the original raised seal of if any, are not shown unless otherwise indicated. a Florida Licensed Surveyor and Mapper. This survey was .not abstracted for easements and/or right-of-way of record. Dated this 29th day of MARCH 2O05 A.D. Elevations are relative_ to -National., Vertical Datum of 1929. NAIL&DISC 3487,V E.OF CENTERLINE N.W.14TH WAY 8 Benchmark:' N.LINE (ELEVATION=SAW) PETER BLANDINO S . Bearings based on N.ARROW BASED ON ASSUMED DATUM CENTERLINE N..W.14TH WAY : -(NORTH) Surveyor and Mapper No. LS3487 :Drawn by P.B.S. Checked by P.B.S. Scale 1 20' State of Florida CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-024 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JASON DUBOW,ESQUIRE REPRESENTING KATHERINE D.TROSCLAIR,FROM CHAPTER 28,"ZONING',ARTICLE 4,"SCHEDULE OF LOT,YARD AND BULK REGULATIONS'AND ARTICLE 6.21 "OFF-STREET PARKING REQUIREMENTS',FOR PROPERTY LOCATED AT 36 SE 8TH STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Yt/tlYACti6n s PIeCeSSatjl %/r i/ �� ' r / � t Ct1Lfn ACCEl (impIlSheE � Rl f sy Y U" �PutChasing Requests ONLY k 'f ' , / ' .,.,.is,,- ,,,,µ,.,..µ �,�ii,,,,F,.:' c,,....,., ,,,.,,i,,.:- j.'�;_...,.'_ -,� ,,.,,,,»,:...aril,,., ,✓�..........: ` . .. ..,ai,�.s�..,�.�_.�„M� c%�,... _/u.,,,,. x<iG�,_.... ,ice' Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-78-06: The applicant, Jason B. Dubow, Esq., on behalf of the property owner Katherine D. Trosclair, is requesting a variance to allow an existing duplex to remain on a property located at 36 SE 8 Street. �� ' .,/ e y'� �-'` ' .% a/w � ' r roc i✓ � ' // � '� ,u/ �.: o„� ,�i,.,.,� ,,,,a.,s�.w,:,.,.ur� .. tic%., µ,�. ,.,,... H,. �,. 's,,. �,i, ...✓aGl ,,..,:✓i/�.�,:,:�ti,,.�,..,,,,.us.,«c�,.,;/� f„' ;,c„/„ ,,., �Exhibiy /i/ «:. <.�. �««...�1,'/%i,,'r�,�.� ..._,a !,., �; ;.FwM.. i ,,,�,.,�!✓ ,.,%vts.ti,./r., v,...l �,,.2....,*., /lC_..,.,'i• '>.'� :" F,wi Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Back up Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 /�/' ��"• r �" 4' 'ram. "'^ � F - E % �, - ///'�" ✓r AuthorlZed Signatures ` � �/,� �r ° ' � ii.,e,,,w.,.x Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date ,w;.%'..��a•F-„%,,,,,,, _ �„v„�� ,,,,,, ,�✓'',,,,,µ ti;�.,�1�..�_.,.,.r,,,..r .l�.as, ,,.wt«.mot�<, u, �d�,�?//✓,�,z'i<. ��.>;s- ,,,�, ,. ���„-,w'" ., Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JASON DUBOW, ESQUIRE REPRESENTING KATHERINE D. TROSCLAIR, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS" AND ARTICLE 6.21 "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 36 SE 8TH STREET, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", prescribes the setback requirements for structures within the City of Dania Beach; and WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,"Off- Street Parking", prescribes the parking requirements for uses within the City of Dania Beach; and WHEREAS,Jason B. Dubow,Esquire,representing Katherine D.Trosclair,is requesting a variance (VA-78-06) to allow an existing duplex, containing one legal unit,to remain as it is with approval of the following: 1) to allow it to remain on a 64 foot by 94 foot lot. (Chapter 28,"Zoning",Article 4, "Schedule of Lot,Yard and Bulk Regulations"requires a minimum lot size of 80 feet by 100 feet); and 2) to allow two(2)parking spaces(Chapter 28,"Zoning",Article 6.21,"Off-Street Parking", requires six parking spaces), for property located at 36 SE Bch Street, Dania Beach; and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended denial of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-78-06, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations"and Chapter 28,"Zoning",Article 6.21, "Off-Street Parking", of the City Code of Ordinances is approved. 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 on PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-024 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal PlannerC,�� SUBJECT: VA-78-06: The applicant, Jason B. Dubow, Esq., on behalf of the property owner Katherine D. Trosclair, is requesting a variance to allow an existing duplex to remain on a property located at 36 SE 8 Street. VARIANCE To allow an existing duplex, containing 1 legal unit, to remain with the following: 1)To allow a duplex on a property 64' x 94' in size; code requires a minimum lot size of 80' x 100'. 2)To allow 2 parking spaces; code requires 6 spaces. PROPERTY INFORMATION ZONING: Two-Family (RD-8000) LAND USE DESIGNATION: Low Medium (10) Residential On June 12, 2006 the property owner was sent a violation for operation of 3 dwelling units on a property allowing only one single family home. The property owner removed one illegal unit. A two family dwelling remains containing one legal and one illegal unit. The City Attorney indicates the following variances, if approved, will allow the two family dwelling to remain. VARIANCE 1) To allow a duplex on a 64' x 94' lot (80' x 100' lot required for duplex). The property does not meet the minimum lot size for a duplex. 2) To allow two parking spaces (Six spaces required). The Zoning Code requires 3 parking spaces per residential unit, or 6 parking spaces for a duplex. Applicant is providing 2 parking spaces on site. STAFF RECOMMENDATION Staff cannot support the variances. There is no evidence that the second unit was approved by the City. There is only 1 electrical meter and 1 water meter on site. In addition, there is insufficient space on the lot to provide six parking spaces. PLANNING AND ZONING BOARD RECOMMENDATION On January 17, 2007 Planning and Zoning Board recommended denial of the requested variance. • = City of Dania Beach, Florida Department of Community Development Planning and Zoning Division qW (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units --- ❑ Land Use Amendment ' * ❑ Plat ❑ Plat Delegation Request ❑ Rezoning NOV 0 b 2006 Date Rec'd: Cl Site Plan ❑ Special Exception ,:a Petition No.: ❑ Special Request ❑ Trafficway Waiver Variance ��" ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building • permit from the City's Building Department. Location Address: 36 Southeast Eighth Street Lot(s): 16 Block: Subdivision: F n r r p G t i4 n m P g i t-p- Recorded Plat Name: Forrest H o m e s i t e s Folio Number(s): 5142 03 45 0160 Legal Description: Lot 16 , Forrest Homesites , according to the Plat thereof , asrecorded in Plat Book 36 , Pg 28 , of the Public Records of Broward County , Florida . Applicant/Consultan Legal Representati�(circleone) Jason B . Dubow , Esq. Address of Applicant: 215 North Federal Highway , Dania Beach , FL 33004 Business Telephone: 954-925-8228Home: Fax: 954-925-8299 Name of Property Owner: Katherine D . Trosclair Address of Property Owner: 36 Southeast Eighth Street Business Telephone: Home: 9 5 4—9 2 9—3 6 4 4 Fax: Explanation of Request: Lot Size Variance Prop. Net Acreage: Gross Acreage: Prop, Square Footage: 6 , 016 rExisting Use: Duplex Proposed Use: Duplex Is property owned individually, by a corporation, or a joint venture? Individually • I understand that site plan and variance approval automatically expires within 12 months of City Co mission approval, pursuant to Ordinance No. 200S-040. pp scan O ner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Repres ntative: N ( � This �- day of, `' '� 20� Signature• 1 r Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: steae Noun Telephone No. & Fax No. :�prN My Commission DD235780 Na,6,d; Expires July 29,2007 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the�reselnmtaptliev owner of subject lands described above and that I have authorized (Applicant/Consultant/ to make and file the aforesaid application. Sworn to and subscribed before me Owner: yA, This day of N 20 G Signature: � "(�� ��-�• t�a-t �C�L, Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: -7� Z() C S ZC1 -3 6 L) Seal: Telephone No. & Fax No. �+ Stella Nolan My COmmisaion D0235780 Of wdor Expires July 29,2007 • CRITERIA STATEMENT--36 SOUTHEAST EIGHTH STREET Submitted in connection with application for lot-size variance . CRITERIA: (a) This property is similar to most surrounding properties in its use as a multi-family residence . The lot size is less than the required size for such a use; however the lot size is consistent with other lots in the area. (b) This property was purchased by the applicant in 2004, and at that time contained three distinct units . It has since been reduced to two units pursuant to a code enforcement order. The applicant has not altered the property in any way other than as referenced herein. (c) As previously stated, many neighboring properties are configured similarly, and are situated on similarly-sized lots . (d) If the variance were not granted, the applicant would be deprived of the rights currently conferred on the surrounding properties . (e) Since there are only two remaining units, the variance requested is the minimum necessary to allow the current use . (f) As stated previously, the current use is consistent with the surrounding uses, and the subject lot size is consistent with adjoining lot sizes . STATEMENT OF APPLICANT The Board should consider the fact that the subject property is OWNER-OCCUPIED, and that it is meticulously maintained (see color photographs) with no history of complaints since the applicant acquired title . The applicant was sold a 3 -unit building, and had no knowledge that the use was improper. By converting the property back to 2-units, her income has been materially affected. If the Board does not grant the variance, the net effect will be to force this homeowner to sell the property, as she will be unable to meet her financial obligations without at least one unit producing monthly rental income . NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-78-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on WEDNESDAY, February 14, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-78-06 — Request by applicant Jason B. Dubow, Esq., representing Katherine D Trosclair, for property located at 36 SE Bch Street to allow an existing duplex, containing one legal unit, to remain as is with the following variances: 1) To allow a 64 foot by 94 foot lot. (Chapter 28, Zoning Article 4 "Schedule of Lot, Yard and Bulk Regulations"requires a minimum lot size of 80 feet by 100 feet). 2) To allow two (2) parking spaces (Chapter 28, Zoning, Article 6.21. Off-Street Parking require six parking spaces). Legally described as: Lot 16, Forrest Homesites, according to the plat thereof, as recorded in Plat Book 36, Page 28, Broward County Public Records, Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed on: Friday, February 2, 2007 See Reverse side of this notice for a location map of the site Location Map: SE GTH C-3 4 14, rXA ` ss� ara C-3 SE:7Tli ST �©-t3�fl�} flt3 .. l < T t,S rr, C=3 SE 14$T SE 1isT}#, T� o . 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LUCIE COUNTIES WITH OVER 30 YEARS EXPERIENCE BOUNDARY SURVEY LEGAL DESCRIPTION: Lot 16, FORREST HOMESITES, according to the Plat thereof, as recorded in Plat Book 36, Page 28, Broward County Public Records, Broward County, Florida. FbP,RE_sT HpmF_siTiEs SE GTIC7N I-dZ, (MANIA,F rZOWAr3D COUNTY FI A. f�C CR C'TION I i i 7�— Ij Ll C RCUIT COURT Cl En SUR E�/ORS CEr1 If IC TE I , ..... ,.-. o. •. ,. .,. � 'C S.E. 0T_ ST ( , _... SURVEY LOCATION �' j ocu cvTlo G Y P1 ANNINC ESOA RO ,-� , CITY COMMA IC�N '-' - `�` �• •- . 3� aC,<vOwCE»GMENT' N O R-1C AGE O LEER �� , ABBREVIATIONS All -ADJACENT F.A H-FOUND DRILL HOLE PAW'MT -PAVEMENT A/C -AIR CONDITIONER SLAJJ F.E -FLOOD PLAIN EASEMENT P.C.P -PERMANENT C94TROL A -ARC FFE -FINISH FLOOR ELEVATION POINT IN -BENCHMARK FIP. -FOUND IRON PIN/PIPE P.R K -PERMANENT REFERENCE B,C.R. -BROWARD COUNTY FIR. -FOUND REBAR MONUMENT RECORDS IT NLD-FOUND NAIL L DISC (P) -PLAT (C) -CALCULATED FND -FOUND P.& -PLAT BOO( CFT -CN_CLLATED FIELD F.K -FOUND NAIL P.C, -POINT OF CURVATURE TRAVp� OAR -GARAGE P.1. -PONT OF INTERSECTION C.E. -CANAL EASEMENT INV. -INVERT P.R,C. -POINT OF REVERSE CURVATURE C,K E -CANAL MAINTENANCE I,R. -IRON ROD P.T. -POINT OF TANGENCY EASEMENT L K E-LAKE MAINTDO)U EASEMENT PL -PLANTER C/L -CENTERLINE L A E-LIMITED ACCESS EASEMENT R -RADIUS CH -CHORD L F. -LOWEST FLOOR R/W -RIGHT OF WAY C,t S. -CONCRETE BLOCK MAINT.-MAINTENANCE R E E -ROOF ENCROACHMENT EASEMENT STRUCTURE K E -MAINTENANCE EASEMENT (R) -RECORD CIA. _COL" (M) -MEASURED S.IR/P-SET IRON ROD/PIPE CONC -CONCRETE N/A -WAIL AND DISC S/W -SIDEWALK D -DELTA K 6 V,D-NATIONAL GEODETIC STY, -STORY (D) -DEED VERTICAL DATUM T -TANGENT D.E -DRAINAGE EASEMENT K T.S. -NOT M SCALE T.0.D, -TOP OF BANK D.K E -DRAINAGE MAINTENANCE- O/S _OFFSET U.E -UTILITY EASEMENT EASEMENT O/L -ON LINE U.E A -UTILITY EASEMENT ACCESS ESNT, -EASEMENT OPT, -OPTIONAL U L K E.-UTILITY AND MAINTENANCE UP -EDGE OF PAVEMENT PG. -PAGE EASEMENT E 0.W. -EDGE OF WATER P.JD C.R-PALM BEACH COUNTY EL -ELEVATION RECORD PROPERTY ADDRESS: 36 SOUTHEAST 8th STREET CERTIFICATIONS: DANIA, FLORIDA 33004 1) Malcom and Katherine Tresclair. 2)Tyler-title Services, Inc. SHEET 1 OF 2 SHEETS 3) Chase Manhattan Mortgage Corporation, ELEVATIONS BASED ON N, G, V, D, AND SHOWN THUS x 1, 0 its-successors-and/or assigns"NovION INFORMATION 4) Stewart Title Guaranty Comp .+ (_ , r`, �t e �� COMMUNITY No,1 12D034 DATE OF FIRMI 08/18/92 BASE FLOOD ELEV,1 6,00' FIRM ZONE,'AE' BENCHMARK REFERENCEI boos LOWEST FLOOR ELEV.19,39' PANEL No,10309 AVG. SITE GRADEI 8, 65' SUFFIXI'F' T.B.M. EL= 10.91' N.G.V.D. I DATE OF LAST WORK, 02/27/04 . ' _1_'*z' I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES NOTESOA-WAY WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEY AS 1)LANDS SHOWN HEREON WERE NOT B �"FOR CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. EASEMENTS, OWNERSHIP AND/OR R OF RECORD. - 2)NO UNDERGROUND OR INTERIOR IMPROVEMENTS WERE -• LOCATED EXCEPT AS NOTED. 'r J �a .°' c _: 03/02/04 3)LEGAL DESCRIPTION AS SUPPLIED BY THE CLIENT. PROFESSIONAL SURVEYOR&MAPPER DATE 4)THIS SURVEY IS PROVIDED EXPRESSLY FOR MORTGAGE FLORIDA REGISTRATION No. 3467 L.B. No. 7114 PURPOSES ONLY. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL JOB No. 04-13620 DATE; DRAWN BY: CHECKED BY: F.B./PG. FILE No. 04-13620 03/02/04 ELF./JF. R.L. FILE C DRAWINGS 36SE8ST.DWG 3-2-04 3:52:47 pm EST LITTON LAND SURVEYOR:. , INC . 500 GULFSTREAM BOULEVARD, SUITE # 105 - DELRAY BEACH, FLORIDA 33483 561-276-7575 (OFFICE) - 561-276-6621 (FAX) LITTONLS@BELL.SOUTH.NET PROUDLY SERVING PALM BEACH, BROWARD, DADE, MARTIN AND ST. LUCIE COUNTIES WITH OVER 30 YEARS EXPERIENCE _ S._E. 8th_STREET - 19 PAVEMENT 50' R/W. o � o 0 `y 16' PARKWAY `J 18' 64.00' ® (OD _ FIP. 1/2" F1P. 1/2" No I.D. No I.D. 88'50'50" CONC. DRIVEWAY cV 9,61' 11.85' `.SCREEN' u') o PORK " d- PLANTER _x CONC. 7 -z 13.&\ 6'X3' 32,25' 1 0 o 1-STORY o 0o I A/C Res. # 36 N __j 0 3.5'X3.5' 00 F-- `n rnl J 15.67' 0.10' MarWOOD SHED o �?`� i� oLn os;`� 0 3.5'X3.5' CD NOV 0 6 2006 � `� 9.28 I9.76' 19,05' �' a �� � w �" , fit 0.10' CONC. BBO st 3.5'X4.5' 6.75'X4.25' j x—x—x x—x—x J x—x— FIP. 1/2" 6 4.00' FIP. 1/2' n No I.D. - -OH -OH OH -OH -OH -OH -OH -OH -- cn >- Ui in SCALE: 1" ' 20' SHEET 2 OF 2 SHEETS REVISION: LEGEND: PHONE BOX Cla-, POWER POLE iA CATCH BASIN Sp FIRE HYDRANT — ALUMINUM FENCE —x— CHAIN LINK FENCE ® CABLE BOX 1� LIGHT POLE U) WATER METER ® SAN. MANHOLE —off — OVERHEAD WIRE —//— WOOD FENCE JOB No. 04-13620 DATE: 03/02/04 DRAWN BY: ELF./JF, CHECKED BY: R L F.B./PG. FILE FILE No. 04-13620 L: DRAMNGS XVF,ST.nVir 3-7—n4 .1!57:47 nm FST CITY OF DANIA BEACH ?6, Agenda Item # Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: „OEM w,z„ ,,;�„�//.�r,///.,..,,. �..,. e.�//a, .,,,,.,, ,..,,,F., �✓'/�f�...s�.«�, .. s ,,,,.. _,,,!;��/� _<,A,i._ ,,.w �b.....��w., �,':; '�.*�r'�� �F, ,�,�� RESOLUTION NO.2007-025 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALLER,ARCHITECT,REPRESENTING KEVIN HERRING JR.,FROM CHAPTER 28,"ZONING',ARTICLE 4,"DISTRICT REGULATIONS","SCHEDULE OF USE REGULATIONS',FOR PROPERTY GENERALLY LOCATED AT SW 4TH TERRACE AND PHIPPEN ROAD,IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why Actlor� is Necessary sx //i i y �/, /� u / i y / y c sir r r rig What A+ctla" Accompisfies/ y ! f ,, y .i,..... ......... w.... ,.. ,,. /L./.c, ..,,i.i'.✓i;///oii//..luu.. ,..�/�,,,,a r„z,. ,,,q.✓�l///,.� .>...,. �, W, . ,dl� ,€ RX PurClrSltl/.. Re U tSN� %ir' /��y r�ri/ ri / /� �i ° rWit / Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ......s.W.,.�e',..z.,. .e.l,:! z` ....,..hYi::.,... iru.wrµ.�'�'a--.` .,u. .%......,�.., „^.• �� ..,,. >iL F�tszufl,4/i%;,,,.,,, ;/ .,..:.,,.r,;,k�l��^e r ,..f�,,..�J,�%%�w,��,;,iw,.W ,'ii'a VA-52-06: The applicant, Joseph•B. Kaller, on behalf of the property owner, Kevin Herring,,Jr., is requesting a variance to allow the construction of a warehouse near the intersection of SW 4 Terrace and Phippen Road. r/ii die % r /yy- ✓�/ / e � / t / as ��i. ' 'i / /f' r// /� ,z,�..sf' �v',_..w &�.�/ L -�l�,�, x,,,,,,,��v�cv ,.,�,,.,<x s''`-..=:-''// !//_,,� �„ / '/�- -.%/o ,., s � !.,. ✓i,W.:,,ai r,; /„z c,..� „�µu��ic..x l/r Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 AUthortzed SignatUCes �1 y� Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-025 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALLER, ARCHITECT, REPRESENTING KEVIN HERRING JR., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT SW 4Tx TERRACE AND PHIPPEN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "District Regulations","Schedule of Use Regulations",outlines the criteria for setbacks and building area in the City of Dania Beach; and WHEREAS, Joseph Kaller, Architect, representing Kevin Herring Jr., has applied for a variance (VA-52-06) as follows: 1. To allow construction of a warehouse on property with a maximum area of 7,500 square feet located in the IR (Restricted Industrial) zoning district; Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations" requires a minimum area of 10,000 square feet; 2. To allow construction of a warehouse with 10 foot side setbacks; Chapter 28, "Zoning", Article 4,"Schedule of Lot,Yard and Bulk Regulations"requires a minimum of 20 feet;and 3. To allow construction of a warehouse with a 5 foot rear setback;Chapter 28,Zoning,Article 4"Schedule of Lot, Yard and Bulk Regulations", requires a minimum of 20 feet, for property generally located at SW 41h Terrace and Phippen Road, Dania Beach; and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended that the City Commission grant variance request VA-52-06,subject to staff conditions,based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning",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 VA-52-06,for a variance as described above from requirements in Chapter 28, "Zoning", Article 4; "District Regulations", "Schedule of Use Regulations", of the City of Dania Beach Code of Ordinances, a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions to be addressed prior to issuance of a building permit: 1. Wall on north and south must be setback 10 feet from west property line to allow visibility (Planning Division). 2. Provide 5 trees on north side of wall along north property line and eliminate trees proposed over water line, see also Public Services comments regarding tree/water line conflict (Planning Division). 3. The proposed driveway will require the applicant to relocate the bus stop that is currently at this location. Show new bus stop on site plan (Planning Division). 4. Flow demand per C.Buckalew is 825GPM. Available water per all fire services,NC is 533 GPM. Address insufficient water supply(Fire Marshal). 5. Maximum distance between hydrants is 300 feet, additional hydrants required(Fire Marshal). 6. Public Services comments dated January 19,2007. See attached comments(Public Services). 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 on PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-025 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director -L-� Corinne Lajoie, AICP, Principal Planner SUBJECT: VA-52-06/SP-53-06: The applicant, Joseph B. Kaller, on behalf of the property owner, Kevin Herring, Jr., is requesting a variance and site plan to allow the construction of a warehouse near the intersection of SW 4 Terrace and Phippen Road. VARIANCE 1 . Allow construction of a property with 7,500 sq. ft.; code requires a 10,000 sq. ft. 2. Allow a warehouse to be built with 10' side setbacks; code requires 20'. 3. Allow a warehouse to be built with a 5' rear setback; code requires 20'. SITE PLAN To allow the construction of a 2,700 square foot warehouse. PROPERTY INFORMATION ZONING: Industrial Restricted (IR) LAND USE DESIGNATION: Industrial The applicant is proposing to construct a 2,700 square foot warehouse building with accessory office space. The proposed office space equals approximately 10% of the building area. The project exceeds the 30% pervious area requirement and landscape comments have been addressed. Due to the narrowness of the lot width, loading/unloading doors face Phippen Road. VARIANCES 1 . To allow construction of a property with 7,500 square feet (10,000 minimum lot size). The property abuts a single family house to the north and a multiple family apartment to the south. The applicant would have to purchase and demolish one of the adjacent residential properties to meet the minimum lot size. 2. To allow a warehouse to be built with 10 foot side setbacks (20 feet required). The applicant proposes a 10 foot building setback from the north and south side property lines. To provide 20 feet on both sides of the lot, the applicant would have to reduce the building width from 55 feet to 35 feet. 3. To allow a warehouse to be built with a 5 foot rear setback (20 feet required). The rear yard of this building abuts an existing industrial building located one foot from the property line. Staff has not objection to the 5 foot setback, subject to building code compliance. SITE PLAN 1 . Wall on north and south must be setback 10 from Phippen Road property line to allow visibility. Show on site plan (Planning Division). 2. Provide 5 trees on north side of wall along north property line and eliminate trees proposed over water line, see also Public Services comments regarding tree/water line conflict (Planning Division). 3. The proposed driveway will require the applicant to relocate the bus stop that is currently at this location. Applicant to obtain Broward County Transit approval of new bus stop prior to issuance of a building permit. (Planning Division). 4. Flow demand per C. Buckalew is 825GPM. Available water per all fire services, NC. Is 533GPM. Insufficient water supply (Fire Marshal). 5. Max. distance between hydrants is 300 feet, additional hydrants required (Fire Marshal). 6. Public Services comments dated January 19, 2007. See attached comments (Public Services). 7. Compliance with Building Code separation requirements. 8. Completed building paint colors to be the same as rendering. STAFF RECOMMENDATION VARIANCE The applicant shall demonstrate to the City Commission that the variance criteria have been met. SITE PLAN Approval, provided the City Commission grants variance approvals. PLANNING AND ZONING BOARD RECOMMENDATION Approval, subject to staff comments 1 -8. Location Map: { SW4TH TER ,RU=80100 . t ,.-. --���µ "SV41dTH;T6R`'•'-- �; 4 RS-6000 SWSTNST I-R = RD-S000 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET ' PLEAS I R IE Route Date F 10/26/2006 PZ Log VA42-06 SP-53-06 Project Herring Dania Warehouse Folio 51-42-03-35-0020 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑d In-house ❑ Fire Marshal ❑ Landscape 0 BSO ❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved as submitted Denied ❑ L26 Comments must address priorApproved w/conditionsto PZ/Commission hearing List ConditionsNaming Signature Date TJM� � Print Name October 26, 2006 MEMORANUDUM TO: Corrine Church, Planner FROM: Patti Hoot-McLeod, Landscape Consultant RE: VA-52-05 SP-53-06 Dania Warehouse The landscape plan has been resubmitted, dated 10/10/06, and complies with all previous comments. The plan as submitted is approved and meets the City of Dania Beach, landscape requirements. Respectfully submitt Patti Hoot-McLeod Landscape Consultant CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Nov 0 2 2006 ��M74 P i a n a 9 "Pa Route Date PZ Log VA-62-06 ttment SP-63-06 Project Herring Dania Warehouse Folio 51-42-03-35-0020 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up In-house ❑ Fire Marshal ❑ Landscape ❑ BSO El Public Services ❑ Planner El Other Consultants L_'CGA Approved as submitted F-] Denied Comments must address prior Approved w/conditiongc&_ to PZ Commission hearing List Conditions soc 1A—I h 0 AJ 07-jOG*,U 7- 7'�4; 0 Vf-X C#2 104;�Cg v7_ To id T-1 i, 770_,:� 1 COCZADIPM1_5 LJlr7t 60"LUAAAk 0--2 7b '�)C'S;rlAr4 LI-frkX UAJ9, Signature Date Print Name ( i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET 1:AtUA1 Y C4 ;MIGIE 1"S N: Route Date 10/26/20062 , PZ Log �VA-52-06 )3 9 IT 0 P-5 -S 3 06 Project Herring�Darfla_w_amhous_e_, V U 6 2005 Folio 51-42-03-35-0020 iPLEASE REVIEW THE ABOVE REF RENCED PROJEC MMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRE QR'S STAFF'RE ATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. ERoute Via: Mail ElPick Up 0 In-house ❑ p Fire Marshal 0 Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA � y a w a Approved as submitted ❑ Denied ❑ Comments must address prior Approved w/conditions ❑ to PZ/Commission hearingL List Conditions SEC Pkfm Ct3mm&UiS - THWO AVe IJ61 43c6u 4,)a,Fs- G� H#"l riot-i rev Pede Ldc� ic'Y1 61c . /v4-aye5} r-LA4 — Signature Date 1�_�1__��L•YY� — Print Name City ®f Dania Beach Fire Rescue F oo D Bureau of Fire Prevention �.w SITE PLAN REVIEW COMMENT SHEET Project Name: Herring Dania Warehouse PZ Log #: SP-53-06 &VA-52-06 Date of Review: 9/1/06 Time Spent: 30 Mins. Gross Square Footage: 9,750 Plan Reviewer: S. Brown ( ) Approved As Submitted [ ] Denied [ ] Approved With Conditions (X] Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS / CONDITIONS: APPROVED WATER SUPPLY (See NFPA 13, Chapter 15, Section A.15.2.1 & Handbook) Provide a Fire Flow Test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau (954)924-3656. FIRE FLOW CALCULATIONS (Buildings in excess of 5,000 Sq. Ft.) Provide Fire Flow Calculations prepared by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, Edition 05-2006 published by the Insurance Services Office. HYDRANT SPACING FOR COMMERCIAL PROPERTY Hydrant spacing shall not exceed 300 feet linear separation for commercial properties (to also include apartment buildings, condominiums, townhouses, etc.) [24:7.2.11 [AHJ] — Provide a set of Civil plans indicating existing hydrant locations and water main sizes nearest this property. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request X❑ Rezoning Date Rec'd: - (p Site Plan ❑ Special Exception Petition No.: VA-52-0,6) ❑ Special Request❑ Traf icway Waiver FTQ `Cp j 3--U(v ,variance ❑ vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to.the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: E t1~b plgylltq.. t" FL 33�4-- rj Lot(s): 2��3 Block: �_ Subdivision: Recorded Plat Name: Folio Number(s): S i` 2,0 33 500 2-o Legal Description: 40 ?ZSft OF (OTZ!` mi OF (Ot3 &OV- I '6NI �'►�',� u)5 CeZOPpep 14 PW R2X 1Z fttel0 0FIft- Pv$U P .Ps OF Applicant/ onsultant/Legal Representative (circle.one) Address of Applicant: Z*11 Rctc� AJD Ktyd. } !(cj rl> Business Telephone: q5 qW 574-& Home:(374—Lq-21 160 Fax: T✓� �ZtP Z�`�"� Name of Property Owner: vty1 LEI Address of Property Owner: 4-08 At Z.'d 4-q6r)LV- Ih4 tgnv4a FCDC401I J300q Business Telephone: t7N41&$3 Home: Fax: Explanation of Request: QC t5f Fet Prop, Net Acreage: 0' il Gross Acreage: 2 ZZ. Prop. Square Footage: 2,415-O SF Existing Use: Yr9�Wv1fi' (-4"D . Proposed Use: W10Z6 tt U Is property owned individually, by a corporation, or a joint venture? W"WwrWel A l I f I I understand that site plan and variance approval automatically expires within 12 months of Ci C i 'on approval, pursuant to Ordinance No. 20OS-040. ,(f . ( ,. ointlOwne'r' signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative- This 71 day of� 20C& ik Si natur • 1, I - tii , g e. a raq i Date: 4S5iN ry Public (Print Name) State of( do-) Lauvje, d ( .v -� ffA Print Name of Nota Street Address, City, State and Zip Code . IJZU v0 Notary Public State of Florida (QM qq�+) C o m s��Kire '"�YO�r Seal: 000 Expires02r12fM Telep one &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner o subj lands_described above and that I have authorized (Applicant/Consultant/Representative) ��� V�U to make and file the aforesaid application. Sworn to d sub 1 efore m Owner: 1 l ThiQMday o 20&0 Signature: Date: �' 2� 2:F3b L VA'AJl Sign Name of No Public (Print Name) State of( ) Lau'rie' tjod-e'r- S i a,m Print Name of Notary S r ddress, City,Pre Ltd Zip C de rU I y� o 0 tt'��L 5�j0�� TWKbvire5:-.,iaY Notary Publr°f Fbnda Com ss `^'I Com '�3 i' G-9 3SealMy commission 002904 Telephone No. &Fax No.Expires o2n2rM /QUO' `75 L/- 31 (FAX) O JOSEPH B. KALLER & ASSOCIATES P.A. ARCHITECTURE . INTERIOR . PLANNING 2417 HOLLYWOOD BOULEVARD HOLLYWOOD FL. 33020 Ph. (945)920 5746 [ Q Fx. (954)926 2841 D -� AUG 1 2006 July 261h 2006 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division Project name: Herring Dania Warehouse Project#: 06166 Address: Phippen Road Dania Beach, Florida CRITERIA STATEMENT 1. Sign Variance: No variance requested. Signag e provided is within the requirements for p wall signage for individual tenants in multi-tenant complexes. Size of sign required is 27 square feet for 27 feet of tenant frontage. Signage provided is 8 square feet. Installed height of sign shall not exceed 10 feet. 2. Variances: Requesting variance for rear yard setback from the required 20 feet to 5 feet. Rear elevation of building faces the blank wall of a two story industrial building. Requesting variance for side yard north and side yard south setback from the 20 feet required to 10 feet. Requesting variance for 1 foot encroachment into 10 feet landscape buffer by parking area north and south. 3. Special Exception: No special exception requested. 4. Design review: Proposed building is within the required applicable zoning restrictions except for the variances requested above. 5. Rezoning: Rezoning is not requested 6. Appeal for an Administrative Decision: We are not appealing any administrative decision at this time. 1 I 15ROWARD COUNTY PLANNING COUNCIL 115 SOUTH ANDREWS AVENUE, ROOM 507 FORT LAUDERDALE, FLORIDA 55501 January 5, 2007 Kevin Herring, Jr. � II 408 Northeast 2 Avenue JAN 0 a T007 Hallandale Beach, Florida 33009 Planning Dear Mr. Herring: Department Re: Platting requirements for a parcel legally described as the South 25 feet of Lot 2 and all of Lot 3, Block 1, "College Tract First Addition,"according to the Plat thereof,as recorded in Plat Book 22, Page 10, of the Public Records of Broward County, Florida. This parcel is generally located on the east side of Phippen Road, between Southwest 4 Street and Southwest 7 Terrace, in the City of Dania Beach. This letter is in response to your correspondence regarding the Broward County Land Use Plan's platting requirements for a proposed non-residential development on the above referenced parcel. Planning Council staff has determined that replatting is not required by Section D.2,Chapter IV,of the Broward County Land Use Plan for the proposed development, subject to compliance with any applicable Broward County Trafficways Plan requirement. As per the criteria of Section D.2; platting is required for the issuance of building permits when constructing a non-residential or multi-family building, unless all of the following conditions are met: a. The lot or parcel is smaller than 5 acres and is unrelated to any adjacent development, b. The lot or parcel has been specifically delineated in a recorded plat, c. All land within the lot or parcel which is necessary to comply with the County Trafficways Plan has been conveyed to the public by deed or easement; and d. The proposed development is in compliance with the applicable land development regulations. The subject parcel is less than 5 acres (approximately 0.25 gross acres) and meets the specifically delineated requirement. This platting interpretation is subject to the municipality finding that the proposed development is unrelated to any adjacent development, as noted in"a." above." TELEPHONE: 954.557.6695 • f=Ax: 95+357.6685 World Wide We6: kttp://www.co.6rowarJ.fl.us/planningcouncil Kevin Herring,Jr. January 5,2007 Page Two Planning Council staff notes that when a specifically delineated parcel(i.e.,Lot 3)is combined with land which has been included in a plat recorded before June 4, 1953,but not specifically delineated (i.e. the South 25 feet of Lot 2), or with vacated rights-of-way, Section D.2, Chapter IV, of the Broward County Land Use Plan does not require replatting if the specifically delineated portion of the parcel constitutes the majority of the enlarged parcel. The specifically delineated portion constitutes a majority of the enlarged parcel. Some jurisdictions may be more restrictive and require platting in more situations than the Broward County Land Use Plan. The City of Dania Beach's platting requirements should be investigated. The contents of this letter are not a judgment as to whether this development proposal complies with the Broward County Trafficways Plan, permitted uses, local zoning, other land development regulations or the development review requirements of the Broward County Land Use Plan, including concurrency requirements. If you have any additional questions regarding the Broward County Land Use Plan's platting ® requirements,please contact Pete Schwarz, Associate Planner, at your convenience. Respectfully, Henry A. Sniezek, AICP Executive Director HAS:PMS cc: Ivan Pato, City Manager City of Dania Beach Laurence Leeds, AICP, Director, Community Development Department City of Dania Beach i a •+ ® architecture - interiors - planning + ASSOCIATES PA AA#26001212 s. Corinne Lajoie Principal Planner t City of Dania Beach i 100 West Dania Beach Boulevard 5 1006 Dania Beach FL, 33004 On October 20' 2006 pianning Re: Herring Dania Warehouse 0,,, Phippin Road FL, Dania Beach, Florida 33009 PLANNING 2. Property owner has not authorized the applicant to act on his behalf. If application is not corrected all correspondence will be conducted with the property owner. Application has been corrected and the property owner has authorized the applicant to act on his behalf. 3. Minimum lot size= 10,000 s.f. 7,500 s.f. is provided. Must request variance. Variance for the 7,500s.f lot size is requested. See criteria statement item # 1. 4. Must provide 10' landscape buffer on north and south side, next to residential; only 7.5' is provided. Revise accordingly. Z Requesting variance on the sideyard setback as noted in the criteria statement item# 3. 0 5. Only three parking spaces are required. Staff recommends removing 2 spaces to accommodate landscape buffer requirement. Three parking spaces are now provided. Q 6. Add curbing to east side of handicapped space from south curb to office door. IR CD IN Curbing added to east side of handicapped space from south curb to office door. 0 CD 40 7. Provide pedestrian access with double blind entrance. Pedestrian access with double blind entrance provided at dumpster 0 8. Revise landscape wall elevation on sheet A-3 to show trees and shrub at time of Z planting not at maturity. 0 LD 0 J 0 2417 Hollywood Blvd. kaller@bellsouth.net w Hollywood, Florida 33020 (954) 920-5746 phony (954) 926-2841 f www.kallerarchitects.com Landscape wall elevation revised. 9. Provide color elevations of sides of building. Color elevations provided. LANDSCAPE 1. The landscape plans must be drawn and submitted by a Landscape Architect. The landscape plans was drawn by a landscape Architect. 2. An existing tree survey must be submitted. Please see the survey drawing which now includes an existing tree survey. 3. Existing trees within 25' of the project must be identified. Please see the survey drawing which now includes all existing trees within 25' of the project. 4. A table of data including required quantities and proposed quantities, the site plan as submitted does not meet the City Landscape requirements for sections, 26- 27,26-48, 26-49, 26-50 and section 26-51. A table of required and proposed quantities are now provided. Plans now meet the sections quoted above 5. Satin leaf is not recommended. Satin leaf is now excluded. 6. Adonidia palms are not allowed for code compliance. Adonidia palms are excluded. 7. Why is there a tree legend identifying trees that are not on the plan. Are these existing on site? Tree legend has been removed. 8. The dumpster enclosure must be landscaped. All overhead utilities must be red lined on the landscape plan. Dumpster enclosure is now landscaped. All overhead utilities are redlined. 9. The light poles and fire hydrants must be identified on the plan. Light pole and fire hydrants are identified. 10. Sod and mulch must be identified on the legend. Sod and mulch are identified 11. The site must have a continuous hedge. ® A continuous hedge is now provided. 2 rk architecture - interiors - planning + ASSOCIATES PA AA#11001111 �+ Ms. Corinne Lajoie Principal Planner City of Dania Beach, OCT 2 5 20U6 100 West Dania Beach Boulevard Planning Dania Beach FL, 33004 October 20`�2006 r t e n t Re: Criteria Statement Herring Dania Warehouse Phippin Road FL, Greetings Corinne, The proposed warehouse project is to be located on Phippin Road and zoned Restricted Industrial. The project will comply with the spirit of the criteria found in the Planning and Development Code of Ordinances for the City of Dania Beach,Article 10 Section 10.13 Variances. CRITERIA STATEMENT l. That special conditions and circumstances exist which are peculiar to the Z land, structure or building involved and which are not applicable to other lands, structure or buildings in the same zoning district. v v Minimum lot area required is 10,000 sf. However the site meets the minimum width of 75ft. and maximum depth of 100ft. which results in a lot area of 7,500 s . We request a variance for the use of the 7,500 sf. Lot as this represents a peculi site condition. 0 N 2. That the special conditions and circumstances do not result from the ac ions of the applicant. m The property is currently vacant land abutting to the north and south re dential housing of approximately the same lot size and to the east an industri complex. z The current owner bought the property as outlined in survey provid U 0 U 0 J 0 2417 Hollywood Blvd. kaller@bellsouth.net W Hollywood, Florida 33020 (954) 920-5746 phone (954) 926-2841 f www.kallerarchitects.com I 3. That granting the variance requested would not confer on the applicant any special privileges that is denied by this chapter to other lands, buildings or structures in this same zoning district. The proposal is to build a warehouse structure that is in keeping within the zoning required of the area. The 10' minimum required landscape side setback is only encroached by the line of vehicle overhang in three places. Variance requested. The front yard setback is 30 ft. as required. The rear yard variance requested is 5ft which abuts an industrial building. Lot coverage is 61.24%which is less than 85%required. 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under terms of this chapter and would work unnecessary and undue hardship on the applicant. The literal interpretation would not allow the property owner to build the proposed structure as the lot area does not conform to the present zoning requirements and impose undue hardship on the client. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance requested on the lot area, side and rear yard setbacks will make for the reasonable use of the land. Without which undue hardship would be incurred due to the peculiar location. 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance will still support the general intent of the Code of Ordinances and Article 10. There will be no detrimental effects on the community or the City of Dania Beach. This project will enhance the street elevation by filling in the vacant lot and increase the tax base of the City NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-52-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on WEDNESDAY, February 14, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: l VA-52-06 —Request by applicant Joseph Kaller, Architect, representing Kevin Herring Jr., for property generally located at SW 4th Terrace and Phippen Road for the following variances: 1. To allow construction of a warehouse on property with a maximum area of 7,500 square feet located in the IR (Restricted Industrial) zoning district; Chapter,28, Zoning, Article 4 "Schedule of Lot, Yard and Bulk Regulations" requires a minimum area of 10,000 square feet. 2. To allow construction of a warehouse with 10 foot side setbacks; Chapter 28, Zoning, Article 4 "Schedule of Lot, Yard and Bulk Regulations"requires a minimum of 20 feet. 3. To allow construction of a warehouse with a 5 foot rear setback; Chapter 28, Zoning, Article 4 "Schedule of Lot, Yard and Bulk Regulations"requires a minimum of 20 feet. The above variances are in conjunction with the proposed construction of a 2,700 square foot warehouse. Legally described as: The south 25 feet of lot 2 and all of lot 3, block 1 "College Tract" according to the plat thereof as recorded in plat book 22, page 10 of the public records of Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed on: Friday, February 2, 2007 See Reverse side of this notice for a location map of the site W co (1) N O U O N _N O L Ln ` N N ¢ N m > I__ N L cu N O 7 C M co O .-- L D _ ❑ CD O (D M O M M O M CO i° N O M M co O O m M N O M M O M LL O O i M i i J (D �i CO M N 9 C O O CO N N d' V LL �t �f M _.I L` c* tt J p �t O O J N N Cl cl 0 O O M LL O M O ti o 0 LL. 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J�JZ ¢ U ¢ W Ilf 10z3rz < mz < SQNLu mbf ¢ ¢ ,� 05wx Yd mo > 0 ¢ -5U (n � Ym � W � W � S2wziww t (¢ OSS � L U cM C J OOOOOOOOO i- 000 , 0 , 000 , OOOOOOO N t` O •--' 0 L w - N M M cr w O O O O a N M M a N M • N M M LO r O O m O O O O O O O O co co co co M (M O O O O CD M Co m LL O O O O O O O O O O O O O O O O O O Cl O O O O Cl O O O Tu _ S 6 i i i i i i i i i i i i � i i � � OOt() �t V tf) ([) toot() (D (D (DCD (D (D (D (D (D � P- � 0000op00 C N U O O O M M M M M M M M M M M M M M M M M M M M M M M M ❑ m M M M M M M (7 M C7 M M M Ch M M (7 M M M (h M M M M M M M O 999999999999999999999999999 0 DO3 N N N N N N N N N N N N N N N N N N N N N N N N N N N ,o C a �CY � � YY �C � UC:) p ¢ Ln (n (nLnUnUn0UnUlU) 0UlU) LOin (nU) LOLO0U) U) 0U) Lr) u, Ln N CITY OF DANIA BEACH Agenda Item # 9• Agenda Request Database Date of Commission Meeting: 2/13/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RegUe5 etf./�►Gt>I011 (tdenfitX a�pratsr�ate Actsc�n csr Mahn); '�' , �� � �� / �;� �� � �y �% 7 �;� ��r,....>_>,_. > _ .,�„v,.� >,,,,,,, _�u, � _,,,,��✓ �.a�„_, � �__>,.,� �.. .,,. _,tea,,, 6 ,,_ ti,..,,>,. ,,w. RESOLUTION NO.2007-026 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER,ARCHITECT,REPRESENTING KEVIN HERRING JR.,FOR PROPERTY GENERALLY LOCATED AT SW 4TH TERRACE AND PHIPPEN ROAD,IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ErrWIN Wh}/AGti"' i5 PIeCeSSarj/ y per i" �y112 Gj� 1 011 ii i' r ✓ i/ r Win y YMat A4t� i�ACrOi� }IISIIG.S /y F � y emu,, h,,„ ,..>„_uF,. .. ,._R„ ✓, >,,. .w_,. L. ,.,,. 111 Pulrcasing R"AWequests; NLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-53-06: The applicant, Joseph B. Kaller, on behalf of the property owner, Kevin Herring, Jr., is requesting a variance and site plan to allow the construction of a warehouse near the intersection of SW 4 Terrace and Phippen Road. RESOLUTION NO. 2007-026 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER,ARCHITECT, REPRESENTING KEVIN HERRING JR., FOR PROPERTY GENERALLY LOCATED AT SW 4TH TERRACE AND PHIPPEN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; 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,Joseph Kaller,Architect,representing Kevin Herring Jr.,is requesting site plan approval for the proposed construction of a 2,700 square foot warehouse to be generally located at SW 41" Terrace and Phippen Road; and WHEREAS, the Planning and Zoning Board on January 17, 2007, recommended that the City Commission grant the site plan request(SP-53-06),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-53-06)for site plan approval,a copy of which is attached and made a part of this Resolution as Exhibit"A"is approved provided that all variances have been granted and with the following conditions to be addressed prior to issuance of a building permit: 1. Wall on north and south must be setback 10 feet from west property line to allow visibility (Planning Division). 2. Provide 5 trees on north side of wall along north property line and eliminate trees proposed over water line, see also Public Services comments regarding tree/water line conflict (Planning Division). 3. The proposed driveway will require the applicant to relocate the bus stop that is currently at this location. Show new bus stop on site plan (Planning Division). 4. Flow demand per C.Buckalew is 825GPM. Available water per all fire services,NC is 533 GPM. Address insufficient water supply (Fire-Marshal). 5. Maximum distance between hydrants is 300 feet, additional hydrants required(Fire Marshal). 6. Public Services comments dated January 19,2007. See attached.C"'omrn' (Public Services). It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 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 12 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. PASSEL)AND ADOPTED on PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-026 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �-�-r- Corinne Lajoie, AICP, Principal Planner SUBJECT: VA-52-06/SP-53-06: The applicant, Joseph B. Kaller, on behalf of the property owner, Kevin Herring,Jr., is requesting a variance and site plan to allow the construction of a warehouse near the intersection of SW 4 Terrace and Phippen Road. VARIANCE 1 . Allow construction of a property with 7,500 sq. ft.; code requires a 10,000 sq. ft. 2. Allow a warehouse to be built with 10' side setbacks; code requires 20'. 3. Allow a warehouse to be built with a 5' rear setback; code requires 20'. SITE PLAN To allow the construction of a 2,700 square foot warehouse. PROPERTY INFORMATION ZONING: Industrial Restricted 0R) LAND USE DESIGNATION: Industrial The applicant is proposing to construct a 2,700 square foot warehouse building with accessory office space. The proposed office space equals approximately 10% of the building area. The project exceeds the 30% pervious area requirement and landscape comments have been addressed. Due to the narrowness of the lot width, loading/unloading doors face Phippen Road. VARIANCES 1 . To allow construction of a property with 7,500 square feet (10,000 minimum lot size). The property abuts a single family house to the north and a multiple family apartment to the south. The applicant would have to purchase and demolish one of the adjacent residential properties to meet the minimum lot size. 2. To allow a warehouse to be built with 10 foot side setbacks (20 feet required). The applicant proposes a 10 foot building setback from the north and south side property lines. To provide 20 feet on both sides of the lot, the applicant would have to reduce the building width from 55 feet to 35 feet. 3. To allow a warehouse to be built with a 5 foot rear setback (20 feet required). The rear yard of this building abuts an existing industrial building located one foot from the property line. Staff has not objection to the 5 foot setback, subject to building code compliance. SITE PLAN 1 . Wall on north and south must be setback 10 from Phippen Road property line to allow visibility. Show on site plan (Planning Division). 2. Provide 5 trees on north side of wall along north property line and eliminate trees proposed over water line, see also Public Services comments regarding tree/water line conflict (Planning Division). 3. The proposed driveway will require the applicant to relocate the bus stop that is currently at this location. Applicant to obtain Broward County Transit approval of new bus stop prior to issuance of a building permit. (Planning Division). 4. Flow demand per C. Buckalew is 825GPM. Available water per all fire services, NC. Is 533GPM. Insufficient water supply (Fire Marshal). 5. Max. distance between hydrants is 300 feet, additional hydrants required (Fire Marshal). 6. Public Services comments dated January 19, 2007. See attached comments (Public Services). 7. Compliance with Building Code separation requirements. 8. Completed building paint colors to be the same as rendering. STAFF RECOMMENDATION VARIANCE The applicant shall demonstrate to the City Commission that the variance criteria have been met. SITE PLAN Approval, provided the City Commission grants variance approvals. PLANNING AND ZONING BOARD RECOMMENDATION Approval, subject to staff comments 1 -8. Location Map: SW 4TH:TE R RD-8000 i ".SYV4TH,TER" This site ` Rs-6o00 SW STH ST 1=R RD.8000 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE'RElIEW ITE PLA AN ETUR ITH CQMMENTnS!�1' Y Route Date ! 26/2006 PZ Log VA-52-06 - 10/ IS P-53-06 Project Herring Dania Warehouse Folio 51-42-03-35-0020 I PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up in-house ❑ Fire Marshal ❑ Landscape BSO ❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved as submitted Denied ❑ Comments must address prior Approved w/conditions E] rto PZ/Commission hearin ' ° 9 List Conditions OCT 2 6 2006 P ni. n g C'e ePa nt i Signature Date TV Ct Print Name October 26, 2006 MEMORANUDUM TO: Corrine Church, Planner FROM: Patti Hoot-McLeod, Landscape Consultant RE: VA-52-05 SP-53-06 Dania Warehouse The landscape plan has been resubmitted, dated 10/10/06, and complies with all previous comments. The plan as submitted is approved and meets the City of Dania Beach, landscape requirements. Respectfully submitt Patti Hoot-McLeod Landscape Consultant i 1 , CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT i'yt tl rY ROUTING SHEET -� ------ - -------- -------------- -- NOV 2 2006 A D RET�Ji Q Route Date 10/26/2006 PZ Log VA-62-06 "''i w Q �SP-53-06 - --- Project Herring Dania Warehouse Folio 5142-03-35-0020 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up W In-house 171 Fire Marshal Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted Denied Comments must address prior Approved w/conditions to PZ/Commission hearing List Conditions SIM DA4,_JWAS LA- i e--Z F,014Atl t to-l Do wOT®t.y-,Ur e,464S ovCK 0,2 eb4;tcavT To a rl i./774E L+o�a DiIJHT7G "-) . rcmaos wnw A""Ja G, C-2,. Z, w -DF—rXIL,S, t0lVdvECT<-0 J Tb EYdSrlAJ-4 0,fr4 c L/AJE, �- - - Signature Date Print Name I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET R IY ffCQ "F313 Route Date 10/26/2006 Ott PZ Log VA-52-06 SP-53-06 l Project iPerring Dania Warehouse J b 700 Folio 51-42-03-35-0020 i. { ; r PLEASE REVIEW THE ABOVE REF RENCED PROJECT $ MMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRE �STAFF RED_ JJJ ATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK V6'9. -" s Route Via: Mail ❑ Pick Up In-house QFire Marshal Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted ❑ Denied [] Comments must address prior Approved w/conditions ❑ to PZ/Commission hearing List Conditions SEA' /dA C�mm5V1'S " 7NE5e 1/41)r Ila,. vEFJ /MWS-1160 © 1't,sf pexwd -- -- ------- � DSO ------ Signature Date Print Name Name City of Dania Beach Fire Rescue Fo 0 xri Bureau of Fire Prevention ® SITE PLAN REVIEW COMMENT SHEET ,QOa Project Name: Herring Dania Warehouse PZ Log #: SP-53-06 &VA-52-06 Date of Review: 9/1/06 Time Spent: 30 Mins. Gross Square Footage: 9,750 Plan Reviewer: S. Brown ( ) Approved As Submitted ( ] Denied ( ] Approved With Conditions (X) Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS /CONDITIONS: APPROVED WATER SUPPLY (See NFPA 13, Chapter 16, Section A.15.2.1 & Handbook) Provide a Fire Flow Test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau (954)924-3656. FIRE FLOW CALCULATIONS (Buildings In excess of 6,000 Sq. Ft.) Provide Fire Flow Calculations prepared by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, Edition 05-2006 published by the Insurance Services Office. HYDRANT SPACING FOR COMMERCIAL PROPERTY Hydrant spacing shall not exceed 300 feet linear separation for commercial properties (to also include apartment buildings, condominiums, townhouses, etc.) [24:7.2.1] [AHJ] — Provide a set of Civil plans indicating existing hydrant locations and water main sizes nearest this property. r i. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request X❑ Rezoning Date Rec'd• - (p Site Plan ,� ❑ Special Exception Petition No.: VA-5")-ik) ❑ Special Request ❑ Trafficway Waiver FT(Q cc S(�_ �;-3_U Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: elf t?QpA QA+n D"Iw r:�L �z Lot(s): 2 3 Block: d —I— Subdivision: _ Recorded Plat Name: Folio Number(s): S 1+2,0 33 500 Zo Legal Description: �?tE )?25 BF (mrtZ cG` ►q�(OF lofi3 , I -?r'►�.t�'qz,� ' iK - 2z Pit r!D DFI ' P�BccG P -PS of grakrt o Applicant/ onsultant/Legal Representative (circle one) ✓� Address of Applicant: 'Zzf'1'� ffV1Lq WD ate d• Business Telephone: QS TW 5�4-(& Home:&J4 —�27-6150 Q Fax: t✓ q2�P Zb f _ Name of Property Owner: VeVtV1 �m w,JZ Address of Property Owner: 908 AI,C and INOIL WKU1 104te ROC4174 33001 Business Telephone: Z &$3 Home: Fax: (`'; 'f55 sl 8l Explanation of Request: QCQ e<Fet pum rtPP��t,� y�ylylC�— fix Z,,¢1 S SF W►fKtt�'t15U Prop. Net Acreage: 4' 1 Gross Acreage: O' ZZ Prop.. p Square Footage: _ 2,41 S•D SF Existing Use: YW.Prk1fi t4no . Proposed Use: (j613 V56 Is property owned individually, by a corporation, or a joint venture? (OW-41-r yl r . I understand that site plan and variance approval automatically expires within 12 months of Ci C i 'on approval, pursuant to Ordinance No. 2005-040. Aointlowne;signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative- This��day of 20� Signature: o. A, Ali �A) Date: SI Nam=jqQj y Public (Print Name) State of( dw �0,u rie. qpd -24-1 16 , 00 v . . Print Name of Nota Street Address, City, State and Zip Code 30 2C p"IN Notary Put*State of Florida Com s xpire "rieYoder qz10,zSq Seal: ` Expires 02112rM Telep one Fax No. INDIVIDUAL,OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner o ubi? lands-Aescribed above and that I have authorized (Applicant/Consultant/Representative) �� K�1 .( L to make and file the aforesaid application. Sworn t d sub 1 fore m Owner: 1 ThIAWday o 20� Signature: Date: t 6 2� o C J Ign Name of LNo Public (Print Name) State of( ) Print Name of Notary StetPddress, Cjty,Stated Zip C e Com ss r ire N°�'ry Publk State of Fbrida 11 y�"o d K. �O0 J c1�J�' 0 e 0 C ez-(� Seal: My Co mis&0029M Telephone No. &Fax No. OF Expires Expires 02112f200t3 /j!�00. 75 y 31�s � x i JOSEPH B. ICALLER & ASSOCIATES P.A. ARCHITECTURE . INTERIOR.PLANNING 2417 HOLLYWOOD BOULEVARD HOLLYWOOD FL.33020 Ph. (945)920 5746 Fx. (954)926 2841 D ---� AUG 1 2006 July 261h 2006 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division Project name: Herring Dania Warehouse Project#: 06166 Address: Phippen Road Dania Beach,Florida CRITERIA STATEMENT r 1. Sign Variance: No variance requested. Signage provided is within the requirements for wall signage for individual tenants in multi-tenant complexes. Size of sign required is 27 square feet for 27 feet of tenant frontage. Signage provided is 8 square feet. Installed height of sign shall not exceed 10 feet. 2. Variances: Requesting variance for rear yard setback from the required 20 feet to 5 feet. Rear elevation of building faces the blank wall of a two story industrial building. Requesting variance for side yard north and side yard south setback from the 20 feet required to 10 feet. Requesting variance for 1 foot encroachment into 10 feet landscape buffer by parking area north and south. 3. Special Exception:No special exception requested. 4. Design review: Proposed building is within the required applicable zoning restrictions except for the variances requested above. 5. Rezoning: Rezoning is not requested 6. Appeal for an Administrative Decision: We are not appealing any administrative decision at this time. 1 i. 15ROWARD COUNTY PLANNING CO UNCIL 115 SOUTH ANDREWS AVENUE, ROOM 307 ♦ FORT LAUDERDALE,FLORIDA 55301 January 5, 2007 Kevin Herring, II D Jr. 408 Northeast 2 Avenue JAN 0 o 1001 Hallandale Beach, Florida 33009 Planning Department Dear Mr. Herring: Re: Platting requirements for a parcel legally described as the South 25 feet of Lot 2 and all of Lot 3, Block 1, "College Tract First Addition,"according to the Plat thereof,as recorded in Plat Book 22, Page 10, of the Public Records of Broward County, Florida. This parcel is generally located on the east side of Phippen Road, between Southwest 4 Street and Southwest 7 Terrace, in the City of Dania Beach. This letter is in response to your correspondence regarding the Broward County Land Use Plan's platting requirements for a proposed non-residential development on the above referenced parcel. 0 Planning Council staff has determined that replatting is not required by Section D.2, Chapter IV,of the Broward County Land Use Plan for the proposed development, subject to compliance with any applicable Broward County Trafficways Plan requirement. As per the criteria of Section D.2; platting is required for the issuance of building permits.when constructing a non-residential or multi-family building, unless all of the following conditions are met: a. The lot or parcel is smaller than 5 acres and is unrelated to any adjacent development, b. The lot or parcel has been specifically delineated in a recorded plat, C. All land within the lot or parcel which is necessary to comply with the County Trafficways Plan has been conveyed to the public by deed or easement; and d. The proposed development is in compliance with the applicable land development regulations. The subject parcel is less than 5 acres (approximately 0.25 gross acres) and meets the specifically delineated requirement. This platting interpretation is subject to the municipality finding that the proposed development is unrelated to any adjacent development, as noted in "a." above." TELEPHONE: 95 .557.6695 ♦ FAx: 954.357.6685 World wide web: http://Www.co.6roward.fl.us/planningcounciI f Kevin Herring,Jr. January 5, 2007 Page Two Planning Council staff notes that when a specifically delineated parcel(i.e.,Lot 3)is combined with land which has been included in a plat recorded before June 4, 1953,but not specifically delineated (i.e. the South 25 feet of Lot 2), or with vacated rights-of-way, Section D.2, Chapter IV, of the Broward County Land Use Plan does not require replatting if the specifically delineated portion of the parcel constitutes the majority of the enlarged parcel. The specifically delineated portion constitutes a majority of the enlarged parcel. Some jurisdictions may be more restrictive and require platting in more situations than the Broward County Land Use Plan. The City of Dania Beach's platting requirements should be investigated. The contents of this letter are not a judgment as to whether this development proposal complies with the Broward County Trafficways Plan, permitted uses, local zoning, other land development regulations or the development review requirements of the Broward County Land Use Plan, including concurrency requirements. If you have any additional questions regarding the Broward County Land Use Plan's platting requirements, please contact Pete Schwarz, Associate Planner, at your convenience. Respectfully, Henry A. Sniezek, AICP Executive Director HAS:PMS cc: Ivan Pato, City Manager City of Dania Beach Laurence Leeds, AICP, Director, Community Development Department City of Dania Beach % l a ® architecture - interiors - planning + ASSOCIATES PA AA#26001212 s. Corinne Lajoie Principal Planner ' ?' City of Dania Beach, 100 West Dania Beach Boulevard 1Q06 Dania Beach FL, 33004 UCT 5 October 20`h 2006 pianninig Re: Herring Dania Warehouse I) . 1' 1e11t Phippin Road FL, Dania Beach, Florida 33009 PLANNING 2. Property owner has not authorized the applicant to act on his behalf. If application is not corrected all correspondence will be conducted with the property owner. Application has been corrected and the property owner has authorized the applicant to act on his behalf. 3. Minimum lot size= 10,000 s.f. 7,500 s.f. is provided. Must request variance. Variance for the 7,500s.f. lot size is requested. See criteria statement item # 1. 4. Must provide 10' landscape buffer on north and south side, next to residential; only 7.5' is provided. Revise accordingly. z Requesting variance on the sideyard setback as noted in the criteria statement item # 3. 0 3 5. Only three parking spaces are required. Staff recommends removing 2 spaces to accommodate landscape buffer requirement. Three parking spaces are now provided. a 6. Add curbing to east side of handicapped space from south curb to office door. N Curbing added to east side of handicapped space from south curb to office door. 0 N 7. Provide pedestrian access with double blind entrance. 00 Pedestrian access with double blind entrance provided at dumpster 1 8. Revise landscape wall elevation on sheet A-3 to show trees and shrub at time of Z planting not at maturity. 0 J 6 2417 Hollywood Blvd. kaller@bellsouth.net w Hollywood, Florida 33020 (954) 920-5746 phony (954) 926-2841 f www.kallerarchitects.com I Landscape wall elevation revised. 9. Provide color elevations of sides of building. Color elevations provided. LANDSCAPE 1. The landscape plans must be drawn and submitted by a Landscape Architect. The landscape plans was drawn by a landscape Architect. 2. An existing tree survey must be submitted. Please see the survey drawing which now includes an existing tree survey. 3. Existing trees within 25' of the project must be identified. Please see the survey drawing which now includes all existing trees within 25' of the project. 4. A table of data including required quantities and proposed quantities,the site plan as submitted does not meet the City Landscape requirements for sections, 26- 27,26-48,26-49, 26-50 and section 26-51. A table of required and proposed quantities are now provided. Plans now meet the sections quoted above 5. Satin leaf is not recommended. Satin leaf is now excluded. 6. Adonidia palms are not allowed for code compliance. Adonidia palms are excluded. 7. Why is there a tree legend identifying trees that are not on the plan. Are these existing on site? Tree legend has been removed. 8. The dumpster enclosure must be landscaped. All overhead utilities must be red lined on the landscape plan. Dumpster enclosure is now landscaped. All overhead utilities are redlined. 9. The light poles and fire hydrants must be identified on the plan. Light pole and fire hydrants are identified. 10. Sod and mulch must be identified on the legend. Sod and mulch are identified 11.The site must have a continuous hedge. A continuous hedge is now provided. 2 J yy ry d h ® architecture - interiors - planning + ASSOCIATES PA AA#26001212 Ms. Corinne Lajoie , 9 L'I L Principal Planner OCT 2 5 2006 ` City of Dania Beach, i 100 West Dania Beach Boulevard Dania Beach FL, 33004 Nanning October 20`h 2006 D°!p'd r t:m e n E. ` Re: Criteria Statement Herring Dania Warehouse Phippin Road FL, Greetings Corinne, o The proposed warehouse project is to be located on Phippin Road and zoned Restricted Industrial. The project will comply with the spirit of the.criteria found in the Planning and Development Code of Ordinances for the City of Dania Beach, Article 10 Section 10.13 Variances. CRITERIA STATEMENT 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other glands, structure or buildings in the same zoning district. " Minimum lot area required is 10,000 sf. However the site meets the miniT,5010 m width of 75ft. and maximum depth of 100ft. which results in a lot area o s . We request a variance for the use of the 7,500 sf. Lot as this represents a peculi site condition. 0 N 2. That the special conditions and circumstances do not result from the ac ions N of the applicant. " 0 " The property is currently vacant land abutting to the north and south re dential housing of approximately the same lot size and to the east an industr complex. Q The current owner bought the property as outlined in survey provid 0 0 J 2417 Hollywood Blvd. kaller@bellsouth.net W Hollywood, Florida 33020 (954) 920-5746 phone (954) 926-2841/www.kallerarchitects.com www.kallerarchitects.com �I 3. That granting the variance requested would not confer on the applicant any special privileges that is denied by this chapter to other lands, buildings or structures in this same zoning district. The proposal is to build a warehouse structure that is in keeping within the zoning required of the area. The 10' minimum required landscape side setback is only encroached by the line of vehicle overhang in three places. Variance requested. The front yard setback is 30 ft. as required. The rear yard variance requested is 5ft which abuts an industrial building. Lot coverage is 61.24% which is less than 85%required. 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under terms of this chapter and would work unnecessary and undue hardship on the applicant. The literal interpretation would not allow the property owner to build the proposed structure as the lot area does not conform to the present zoning requirements and impose undue hardship on the client. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance requested on the lot area, side and rear yard setbacks will make for the reasonable use of the land. Without which undue hardship would be incurred due to the peculiar location. 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance will still support the general intent of the Code of Ordinances and Article 10. There will be no detrimental effects on the community or the City of Dania Beach. This project will enhance the street elevation by filling in the vacant lot and increase the tax base of the City i - - - - - - - - - - - - - - - - - - 3 x E^ J r D O r m N N= N G Z m D N a a U 3 n D 3 z r ut m <D< 70 m e+ LD = o m W Tti A ro N W 7Cm x m m Z � � m mm x B N c b 60' RIGHT OF UAY v 24' A5FNALT PAVEMENT V m D = D N D L U 0' pn D 1 y m tr n zA R D A r l at kp N Q1 W Z E Q J J W ITI Z D -' a a < I Atu a a m N B Q BR EiIST.S'SIDEWALK EXIST.S'SIDEWALK I.81 A WA r ti A S 4 I �rT 25 / a10 m w �jNRoscaPE STO A <V Lar 1E j 1 ULTIMATE � dW I o � Q N EWRER,g 11 �. 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SITE PLAN = _ 4 '':a HERRING DAN/A WAREHOUSE ,� 'R�_ A Dgg'E. �' o & PHIPPIN ROAD `s m Qo m o +�'+°�s SITE DATA DANIA BEACH,FLORIDA 33004 ' 7O= s 1t3 - & o �£Y �I 6 O 3 336 O 3 r 3 T Ul a o r — — n 3 3 - 0 0 0 r o m 0 3 cl k" A fl rt x O a 3 $ � O Q A X O S ' tU � m APo I N UI �. ile 11e 111 � U1 Pil ° 0 ® cl o 0o No i O ° I �❑ 913 go b I "o wo �o uo 0 to O ° U I o I omm o I ° o I to o � r . 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NEW WAREHOUSE PROJECT �o N BUILDING SECTION HERRING DAN/A WAREHOUSElid Y R 1 m a 's�_� & PHIPPIN ROAD o s �.+ems ELEVATIONS DANIA BEACH,FLORIDA 33004 [ �p f !aa & D t o 14' I I py .�•'� PROPERTY LINE. D 0 9 i A I m 6 n ga lmlyc� 3,_6. N N (1 c ZZ y I N (CEILING HTJ (•-> EO 4 LDr� =N �I F OA rz ss l > g UDDD u D u cc D ~rI�NI �DmD O E(1y U:mcA�yti Ilr D$N Z _mm Z D yeN DI o� Am�m �mp mZ� N I ZZ rri SA�m Z'UPI y 3m mS §qR R� SDI m� m=m N �r FR fro =y0 m ml m iZ: a D°DD D I XS �aIm ZW— I � �i oa Z I gD o= rD = I S , I � I `� D•A� I D ZWu I ,U. �iD L � I r l I , r li I I , WX i I! I I d DD s I m m ro r D®R TI Tml 21-2 Z�oA 4"'�I Ro ml HT.6 BUILDING R� I N � I W Q DD°D °D I I I D®G� 6' =N�gl oA �I m I I •etia.gOw.w.pvrye4 varu.O.wmWaaa eww.vo.-upaornomnnw.vm.iue:F`vnve uNieaN+•�P�./wp JBubaOmv.n.TMmtvu.Coe.a om.n.nb�e .eaMm auew+phCobmm.corm Cmv ..mnob*.�n..nrti.bn•apw�bve�eav�vbb4t w�vv4w Coa+anaeevam.Mbhmnv+.ai .e�M�wn.mv..e.v®vbav�naae m 4 O sNen.mc: rawcci m�e NEW WAREHOUSE PROJECT P7Nn _ o c- D '�"S'�• BUILDING SIGNAGE Q £ >� A HERRING DANIA WAREHOUSE Rom_ gg`;C``�r' & PHIPPINROAD ° M •+si WALL ELEVATION DAN/A BEACH,FLORIDA 33ooa � 3 w F a N n M -p A X 1 �U3 0� ���,§�§� M § 1 -1 � A �9 M M ]NI r m o D r to D N £g m MN o A N n r a D 3 dog s�sN J r Z r mO rn b N y F g v xx xx oil u = 7p rn b b b A Z rgr § m $ $ j N 3 t! k- - g N - ♦ J j Ay A A + + F R R m m m N A X 7( X X x N N N O A A N 3 @ @ N a Q 3 m N N R R b Z mr mrm N m IB N D D D 0 O m 60 RIGHT OF UJAY v 24' ASPHALT PAVEMENT —m s O S ILA TN 6`0 °L�PE _D ,0 O -e0 sT0 A ULTOIATEI, wp wig g NB -a n A n +I� T ' 2 >D 0 ` So N �D No m D —Wo B LANDSCAPE BM:M --BCD z V. �LANDSCAPE AND PCBER LLIES. LANDSCAPE BIiPER 55' BUILDING JB'MgCmm.nn Pm..gtis',rtu�sm.4wwmNe�na.wmw�.q..biWb.mrmefere.do.�ummelm�n.rn'.�gteant�vw.mBJJm Bm.�...in.'.rtinu.cve.aomm.m'i.m'wtanm...m.w ivnaaw+o.mmi.em�gtvinnx rotpnx Cooa�v.TMCaemomm.C.em�gmenw,.ew+'.�•a��Wm.aaBe.�ti�a'Veaw..apte�aw�.m�tbim•b>M1e�.rn��.w .c�+h'w.u.�enBen�esa�bam�e.N.m�se 14 SMECI Tmc PRWECT mac NEW WAREHOUSE PROJECT s o _ �N r d LANDSCAPE,: PLAN HERRING DANIA WAREHOUSE i _ o R�'o PH/PPIN ROAD m o �? 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IF m HIP man" ° om �Ro po "o TY 3r� �i y� D0 "on n Y��i OoO A�g�i E�oY��g� II011�4O�� FPr�eY ORI ��� � �r@g A �a to n F RI r-_ D A aA � Y mV ADO I1I� DhYi m 2 40 o •=6 z o jig;Ilk � MF as I itI R o � aampoee.ti'npvgtiA.er ih O..vMaa.u..,.nvbwb��rnrnvw•nneem�a�uir ekuNbvnrb�.r�.eeWsa omm.n TMinntdtiton.eDm...b nn mNam Me..e�Na.cmimni»Co»afv Dw.. ..mngb.+n.�+�'enwbpo.+,ae..eroq.�ia�4tpmm..pi.6emtierwa<eNb�.mn.�.e .a�M�wewmntin.e.a"�rbvm.tiwaenv 4 A sHerr mie. vxwcei mic: NEW WAREHOUSE PROJECT � e;•�,'� LANDSGAPE NOTES HERRING DANIA WAREHOUSE PHIPPIN ROAD s DETAILS DANIA BEACH,FLORIDA 33004 £ ra � rn -n DX oA � X ♦_pp �3n. � � m D C) m y K c m < A !fl 4.a m e F D z N D w D In 60 RIGHT OF WAY 24'ASPHALT PAVEMENT - ...__- RESTORE B"DEE!?8W rtffADER CURB 8 rQ INE v CWNC._BmEVU1LK '�' °� �♦_ I! ��6"THICK�DRIVE. .I M m < "! _ D g c ousts aomuu s'seErnu oast s'eoeuux' e 4-1 m m N f>7 .r .n..; P.L. 5"0' - - C " C7 r------- �y. W Caj - a ol$ � r - — - w- \ j O 'gy I � C• `$� I � a `� C1 B"DEEP SWALE I---s'VaaxaE OLFFER "i v XCAP9 \ \\\\\ F.L. .. 'a ry auax ex \ CBS BUILDING r,+A-.Y�y"y�^-.ti. -S.Y: 'Yi'�.�.,�:_:3 ,4:`- :-a�:". F'w:�: '_�::i'.;: •�•' ��...t`y:i��f�.t.�J ir3,♦ay^hY},Y-..:• - ::y�i%.. ���'':3�.-: uJ -.7:�4i J� �'4'.',�'. -..�cJ — 1e1-5 .:3•�'F._ _ �•,1'l�Y ���5+^"e'�Af,'::.., s ? 5 t. J _j 4 A '-♦� a � � T- ,� O m '`' :;tip�_':::}'w° - -- - -- '"✓� +"�;::_I: -_ _ �- Lis < =O 'Y��:f.;:,�:",�`.'1n��4'a'it,,,y,,;v.•^.a�.... -_...f�'�;-� - !k'1,'-,:::_.I r+'�,_ _ _ �p a x rn 51 i fga� �a'6A�/ rye,. _ �•J�',.n r -r _ .._z:- `"�yt p ($ p y fY:. .tl:�'♦ :f�:..::'. Lid^il'. Y S:'1:.�;�_.i!.�+�.'.T'::.:;1.:,'�... O O S O �41 8'` �" I. - �{/14'".�zr. s .f$" i ♦'w r r� .�_ Charles 0• Bucki �:•+,.• 9 Engineering Se ri' Consulting rvices, 801 South Ocean Drive, Suite Hall wood Florida 33019 C:OA Number. 6255 i - . Tele^. (954)-927-0561 / 558- entllaYpame..nppnpegnb/ea,�.wMALnmisiroelgtrem"iaY,e�♦Mylene":rn.mra."pr"rtr♦nuryom♦m.Te♦YntlM10nY6v.eCeHennas.ivrae.am.®en.erar�me.evroo.merammemmwmw®ombnwMa.naaib...rrraev.�^s++brw�4e.mom..lrigeav�'err..mr...anm.mma.an:e��/h.r�Y r.e�.ra�vrn.men ss�¢r m!a apoum mic NEW WAREHOUSE PROJECT d - t c• PAVING, GRADING,'& HERRING DANIA WAREHOUSE s r Rye DRAINAGE PLAN . � - PHIPPINROAD �r— s, °' o .. DANJA BEACH,FLORJDA 33004 F o 1 m Ix", = D Cy _ 7C 3 mm M i AM -M. m � A 111oasnRo r warm nwN � zW. m J 5}N�� 1 ill (p m F — ZZ m 5 p �a> � 5 �� I,oasnno e=_s_awrnRr aewER wuriR� �_ (� g f 1 60'RIGHT OF WAYS J 24'ASPHALT PAVEMENT 4-4- "iT.9 SDEHYIK 5'S/1E P41N DSSL!'SO�V1ka LAEICAM PL"�5m0' n 4' o I � I j rn g I m p — 1 I g A Ii i r m O g � R q od \ \\\\\\\\\PL.1500', \\ o' n G B5 \ y BUILDING �f'�',��-':`�3���:���. ;;5�rs`n -e3;`;?,;fiC;_=��'Y=z. '� .,�"sn:'^a;: _�!i.-: __ ,•, y.:u y��l-•c#'"�'t'}t t'3 3 sty.z(y ^ '� _ e •j N � 1.�c�L j,„ 3 i PlPx 4cn to s ! 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Bucka9 n S Consulting Engineering Services, it 801 South Ocean Drive, Suite 20 Hollywood , Florida 33019 a C.O.A. Number: 6255 Tele. : (954) 927-0561 / 558-1 $ sl£t}mtE Pxascr Imc NEW WAREHOUSE PROJECT ,E3 Fi CONSTRUCTION HERRING DANIA WAREHOUSE $ RDq. A ' PHIPPINROAD F sg 7Q_ w r , l' ^ a DETAILS DANIA BEACH,FLORIDA 33004 $ & yg p° u .N o m u _ H J Rs w � -g9 8 D p2 w oy x o gg �Fo gig � p, 11 :�21c 0� j EMIR S Sn cg 1 4 � F'� B 9 B �g �9 .A �s gf� m�t�y� �$ '�•� osa oQ41� vi�SF� A 11 'pz 38 Rg11 p g' m V " Q < all1ms fig- � �a <� � § a E a ism I Ago Lq gig 111yQ@p tr tll I ro .. _ ._ t�i y R• � Z M L = y � m! Z MMM 13 I I I 1 P _ 30A III Li o I so•MRL S m , , 2 — - - a;III �— m N— =1r — m�: 12 m 9 { " m g z ;g z -4 1!m R s m gq x o m _r c g { fl d{ m i m 80 8 - M �s Z g 8 as _. m o Q _ m a m Z o _ Z Charles O. Buckolew Consulting Engineering Services. - 801 South Ocean Drive, Suite 201. r Hollywood Florida 33019 (A -------- ---------------- - — C.O.A. Number. 8255 ,Tele. 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Kushnir Investment, on behalf of the property owner, R M Works, Inc., is requesting an 18 month extension of the following approvals: 1) Variance allowing a 10 story building in a C-3 Zoning District (Resolution No. 2005-024). 2) Special Exception to assign 112 residential Local Activity Center units (Resolution No. 2005-023). 3) Site Plan to construction a 10 story residential building containing 112 units (Resolution No. 2005-101). N Resolution Staff Report Application Location Map Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized ignaiures ,°> �_ ..„ r .,.,.�,•,� i� w ,w,, ,,� ,�;�" e.., ,Ii i„�, „,�.,,n l .,_ ���.. �� �� is ..,,�,�w /..�s �,W,a w .�w �,. '� Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date ,4,itVterk ��// y/� ! ,,,ar/'. a+..,i.. ...�., v/,u,.,..,,.,.,.ac,: ;r,/ o:,�.w,.uwi�i//„ .t„Mc�r� i✓�, /. 0 „u� �'✓./� la�iwir.,,..,,,,,.;,u,,., .. .°.F sus,..E;..v �.c,lL./i.. --��., Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-033 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY I. KUSHNIR INVESTMENTS FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JANUARY 24, 2006, AND EXPIRES ON JULY 10, 2007) RELATING TO THE APPROVALS OF VARIANCE VA-46-04 BY RESOLUTION 2005-024 (HEIGHT VARIANCE); SPECIAL EXCEPTION USE SE-36-04 BY RESOLUTION 2005-023; AND THE SITE PLAN REQUEST SP-16-05 BY RESOLUTION 2005-101; FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 9, 2005, the City Commission approved a request for a variance to allow a 10 story/113 foot tall building where the Dania Beach zoning code permits a maximum building height of 3 stories/40 feet in the C-3 zoning district, for property now owned by Israel Kushnir as Director/Officer of R.M. Works, Inc.,pursuant to Resolution 2005-024; and WHEREAS, on February 9, 2005, the City Commission approved a Special Exception request to allow a multi-family residential use within a C-3 zoning district, including the allocation of 112 residential LAC (Local Activity Center) units for the property, by Resolution 2005-023; and WHEREAS, on June 28, 2005, pursuant to Resolution No. 2005-101, site plan approval for the proposed construction of a 10 story, 112 residential unit condominium building/parking structure was granted, subject to seven conditions; and WHEREAS, on January 24, 2006, pursuant to Resolution No. 2006-012, an extension of the above approvals was granted until July 10, 2007; and WHEREAS, Israel Kushnir, Director/Officer of R.M. Works, Inc., is requesting a second extension of the approvals associated with the above described project relating to the variance request, special exception use, and site plan until January 10, 2009; I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variance, special exception use, and site plan until January 10, 2009, are approved. Section 2. That such approvals are subject to the conditions previously approved by the City Commission. 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 on 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-033 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: February 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director L� FROM: Corinne Church, AICP, Principal Planner C� . SUBJECT: EXT-16-05ex2: The applicant, 1. Kushnir Investment, on behalf of the property owner, R M Works, Inc., is requesting an 18 month extension of the following approvals: 1) Variance allowing a 10 story building in a C-3 Zoning District (Resolution No. 2005-024). 2) Special Exception to assign 112 residential Local Activity Center units (Resolution No. 2005-023). 3) Site Plan to construction a 10 story residential building containing 112 units (Resolution No. 2005-101). LOCATION: Lots 1-9, Block 21, Town of Modello Plat; vacant parcel located directly south of City Hall. PROPERTY INFORMATION ZONING: C-3 Commercial (Pending TOD District) OVERLAY DISTRICTS: CRA & LAC STREET FRONTAGE: SW 1 Avenue, SW 3 Avenue & Park Road On February 9, 2005 the City Commission approved a Variance to allow a 10 story building in C-3 and a Special Exception to assign 112 residential LAC units to the subject property. On January 24, 2006 the City Commission approved an extension of this project to expire on July 10, 2007. Each approval resolution is attached. The property owner is requesting an 18 month extension to expire on January 10, 2009. This property is located in the pending Downtown Transit Oriented Development ("TOD") zoning district. The site plan meets or exceeds parking, open space, building height, and ground level setback requirements set forth in the Draft TOD. The site plan does not comply with TOD loading requirements and is deficient with respect to some TOD upper level building recess (step-back) requirements. STAFF RECOMMENDATION At the City Commission's discretion. r IA 5 City Hal! � 1 1 � l Location Map n R.M. Works, fnc. 3001 North Ocean Drive Hollywood Beach, FL 330I9 Phone (954) 923-8093 Fax (954)923-6668 §% JAN 29 2007 January 29, 2007 Nanning Mrs. Corrine Church Department Principal City Planner _ City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Enlargement of Time request for the City of Dania Beach Resolutions 2005-024, 2005-023,2005-101 and 2006-012 (109 Park Plaza)R.M. Works, Inc., owner (Applicant) Dear Corrine, Enclosed here with you will find the application for Enlargement of Time for the above referenced property. Please advise if the application request can be presented to the City Commission on February 14, 2007. Thank you for all of your efforts. Very Truly Yours, Israel Kushnir President CC: Law Offices of Mark Perlman LAW OFFICES MARK PERLMAN, P.A. 1820 EAST HALLANDALE BEACH BOULEVARD HA z ANDALE BEACH,FLORIDA 33009 MARK PERLMAN* TELEPHONE(954)456-1333 STEPHANE R. DUPONT FACSIMILE(954)454-5081 `ALSO ADMITTED IN NEW YORK January 25, 2007 JAN 2 5 2007 Lawrence Leeds, AICP Planning City of Dania Beach Department 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: Enlargement of Time request for the City of Dania Beach Resolutions 2005-024, 2005-023 and 2005-101 (109 Park Plaza) Works-Inc.,- owner(Applicant) Dear Mr. Leeds: On January 24, 2006, the City of Dania Beach passed and adopted the first request for Enlargement of Time pertaining to the above referenced resolutions for 109 Park Plaza now scheduled to expire on July 10, 2007. Applicant is requesting a second enlargement of time because of the recession in the condominium market, and because Isaac Toledano of Fine Zone Investments, a Dania builder, breached his contract to build 109 Park Plaza with Applicant, on July 3, 2006. Applicant has submitted to the City of Dania the proposed condominium documents for 109 Park Plaza so that applicant may begin the pre-construction sales office for the 109 Park Plaza project. In addition, in order for the applicant to negotiate pre-construction contracts with prospective buyers for the apartments in 109 Park Plaza, applicant must submit the condominium documents to the Division of Land Sales in Tallahassee, along with the $22,000.00 application fee. Therefore, applicant respectfully requests an additional eighteen months extension on the above resolutions. If the requested extension will not be granted, applicant will not need to pay a non-refundable $22,000.00 condominium document approval fee to the Division of Land Sales. SOUTH FLORIDA LAW - Internet:www.SoFlaLaw.com - E-Mail: MPerlman@SoFlaLaw.com-SDuPont@SoFlaLaw.com f Lawrence Leeds, AICP January 25, 2007 Page -2- Accordingly, the applicant requests an eighteen month extension of the above resolutions presently scheduled to expire on July 10, 2007, and requests the matter be scheduled before the City Commission at the February 14, 2007 commission meeting. Thank you for your anticipated cooperation in this matter. Very truly yours, MARK PERLMAN, P. A. cc: Kushiner Investments/ R. M. Works, Inc. NANetwork 1\LETTERS\Kushiner.109.wpd City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve ULep - ❑ Land Use Amendment > �❑ Plat ll❑ Plat Delegation Request ❑ Rezoning 9 2007 Date Rec'd:❑ Site Plan❑ Special Exception ning Petition No.: �� 1`-0��(a, ❑ Special Request � ��� ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request ❑ Other: 22 �a55 s�e2�3e pep Trim Granted 6 U City Resolutions 2005-024, THIS APPLICUP0N VWILL ��'T�E A2CER9131JNT%L IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: t nro°�--��W 1'ariF-8reet Lot(s): 1 a Block: _21 Subdivision: sewn-A-Dania- f R-4 9 Recorded Plat Name: _�m Q—F Dania Folio Number(s):-iQ4 234 O13080, 3090, Legal Description:z.nrG 1 . 2 . ,4, 5,6,7,8, and 9 ,** 3100 and 3110 Applicant/Consultant/Legal Representative (circle one) I ust,n;r�-ypstments Address of Applicant: 30nl Nortb Ocean nri ve Hall wood, F1 nri ria 33019 st Business Telephone: 9,54-9 3- MHome: Fax: 9554-921-6668 Name of Property Owner: RM Works,TAC Address of Property Owner: goo North mean nri yg, Hnl 1 ywand, F1 nri da 3301 9 Business Telephone9.5 4-923- 193 Home: Fax954-921-6668 Enlargement of time granted by City Resolutions Explanation of Request: 2005-024 2005-023, 2005-1 01 and 006 01 2 Prop. Net Acreage: 1 _6 ar Gross Acreage:l _97 arProp. Square Footage: 37,579 sf footprint Existing Use: Varant Proposed Use: Mill ri -f mi 1 y residential a1 Is property owned individually, by a corporation, or a joint venture? Corporation **Block 21, of the TOWN OF MODELO (n/k/a Dania) , according to the Plat thereof, as recorded in Plat Book B, at Page 49, of the Public Records of Broward County I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. scant/Owner.signature Print Name bake- APPLICANT,, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 29 day of Jan. 2007 Signature:�� Date: January 29, 2007 C'/61e. f�- Israel Rushnir Sign Name of Notary Public (Print Name) State of( Pcv,c c t4A, ) IA,4. -eK -6 7Z CA4 ^-/V 3, 001 N. O Cam_ e Jj-, Print Name of Notary Street Address, City, State and ZilYCode Commission Expires: `/'fc�' 1 Z 3 - 81'113 Seal: �.►�;° � MARK PERLMAN Telephone No. & Fax No. * MY coMMISSION t DD 6M7 * EXPIRES:November 8,2010 NI�rEOF RSA' BOoMW TM Budo Nohlty krvWo INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) Israel Kushnir to make and file the aforesaid application Sworn to and subscribed before me Corporation Name: RM Works, Inc. This day of t1JAWAIV 20 Signatur� � -Z9; 2007 -- Israel Kushnir (Print Name) President Sign Name of Notary Public (Print Title) State of(f4o4tb - ) A itiCK B2W1, t-Vv 30.01 North Ocean Drive, Hollywood, FL Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-923-8093(PH) 954-923-6668 (Fax) Seal: MARKS Telephone No. & Fax No. * MY COMMISSION t DD*W7 * EXPIRES:November 8,2010 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described - above ' and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. City of Dania Beach FEE SCHEDULE APPLICATION TYPE FEE LAND USE: Flex Units Filing fee = $165.00 plus Retainer for processing, review, advertising, and notice costs = $3,000.00 Minimum Fee: $3,165.00 Change of Land Use Filing fee = $550.00 for 15'acre, $55.00 each add'I acre or portion plus Retainer for processing, review, advertising, and notice costs = $5,000.00 Minimum Fee: $5,550.00 ZONING: Change of Zoning (Rezoning) Filing fee = $275.00 15t acre, $27.50 each additional acre or portion plus Retainer for processing, review, advertising, and notice costs = $5,000.00 Minimum Fee: $5,275.00 Zoning Code Text Change Filing fee = $165.00 plus Retainer for processing, review, advertising, and notice costs = $5,000.00 Minimum Fee: $S,165.00 PLAT Filing fee = $165.00 1"acre, $27.50 each additional acre or portion plus Retainer for processing, review,advertising, and notice costs = $3,000.00 Minimum Fee: $3,165.00 SITE PLAN: Residential FilingYee.:_ $275.00 plus the following; $8.80 per unit for Is' 100, $4.40 per unit in excess of 100 Retainer for admin. &ad. cost = $3,000.00 for duplex = min. $3275.00 Retainer for admin. &ad. cost = $5,000.00 all other = min. $5,275.00 Non-Residential Filing fee = $275.00 plus the following: $1.10:100 s.f. for 1" 10,000 s.f., $.55:100 s.f. in excess of 10,000 s.f Retainer for admin. &ad. cost $5,000.00 = min. $5,275.00 Major Site Plan Revisions 1/2 site plan fee+ retainer Site Plan Extension Application fee = $250.00 plus $1,000.00 cost recovery fee = $1 275.00 - SPECIAL EXCEPTION Filing fee = $275.00 plus the following Retainer for processing, review, advertising, and notice costs = $3,000.00 Minimum Fee: $3,275.00 VARIANCE: Administrative, Single Family $150.00 Administrative, all other $250.00 Single Family 110.00 a .fee. min. cost recv. $90.00, Ad cost$300.00 = 500 .00 Duplex $165.00 a . fee min. cost recv. $250.00, Ad cost$300.00 = $715.00 Triplex $165.00 a . fee min. cost recv. $350.00 Ad cost$300.00 = $815.00 Multifamil to .99 acre 275.00 ap fee min cost recv. $800, Ad cost 500.00 = 1 575.00 Multifamily 1 acre to 1.99 $275.00 ap fee min cost recv $1 300 Ad cost$500.00 = $2 075.00 Nonresidential to.99 acre $275.00 a . fee min. cost recv. $125 Ad cost $300.00 = 700.00 Nonres. 1 acre to 1.99 275.00 a . fee min. cost recv. $500, Ad cost $500.00 = 1 275.00 Nonres. 2 acre or more $275.00 ap fee min cost recv $1,000, Ad cost$500.00 = $1 775.00 Sin (single tenant or use 165.00 a . fee. min. cost recv. $125.00 ad cost$300.00 = $590.00 Sin multi tenant $165.00 a . fee min. cost recv. $300.00, ad cost$400.00 = $865.00 Appeal (single family) 75.00 a . fee min. cost recv. $125.00, ad cost$300.00 = 500.00 Appeal other than s.f. $75.00 a . fee min. cost recv. $625.00 ad cost$300.00 = 1 000.00 Alcoholic Beverage $275.00 a .fee min. cost recv. $125.00, ad cost$300.00 = 700.00 Trafficwa Waiver $250.00 a .fee min. cost recv. $3,000.00 = min. $3,250.00 Special Request Non-Residential: $250.00 plus $50/each day: Minimum: $300.00 Residential/Comm unity Facility: $50.00 Delegation Request $250.00 a . fee min. cost recv. $1,000.00 = min. $1,250.00 Roadway Vacation: Filing fee = $165.00 plus $2 500.00 Cost Recover Fee = min. $2 665.00 Extended Hours License $250,00 application fee Cost recovery fee $5,000.00 SIGN ADJUSTMENT $250.00 ap. fee. = $250.00 Downtown Dania Beach Redevelopment District Only) OTHER $290.00 Rev'd. 7/25/06 RESOLUTION NO. 2006-012 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE REQUESTS BY I. KUSHNIR INVESTMENTS FOR AN EXTENSION OF THE PREVIOUSLY APPROVED VARIANCE VA-46-04, APPROVED ON FEBRUARY 9, 2005, BY RESOLUTION 2005-024 (HEIGHT VARIANCE), WHICH EXPIRES ON FEBRUARY 9, 2006; FOR AN EXTENSION OF THE SPECIAL EXCEPTION USE SE-36-04, APPROVED ON FEBRUARY 9, 2005, BY RESOLUTION 2005-023, WHICH EXPIRES ON FEBRUARY 9, 2006;AND FOR AN EXTENSION OF THE SITE PLAN REQUEST SP-16-05, APPROVED ON JUNE 28, 2005, BY RESOLUTION 2005-101, WHICH EXPIRES ON DECEMBER 28,2006,FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK STREET,DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on February 9,2005,the City Commission approved a request for a variance to allow a 10 story/113 foot tall building where the Dania Beach zoning code permits a maximum building height of 3 stories/40 feet in the C-3 zoning district, for property now owned by Israel Kushnir as Director/Officer of R.M. Works, Inc., by Resolution 2005-024; and WHEREAS, on February 9, 2005, the City Commission approved a Special Exception request to allow a multi-family residential use within a C-3 zoning district, including the allocation of 112 residential LAC (Local Activity Center)units for the property,by Resolution 2005-021,and WHEREAS,on June 28, 2005,pursuant to Resolution No. 2005-101 site plan approval for the proposed construction of a 10 story, 112 residential unit condominium building/parking structure was granted, subject to seven conditions; and WHEREAS,Israel Kushnir,Director/Officer of R.M. Works,Inc.,is requesting an extension of the approvals associated with the project relating to the variance request, special exception use, and site plan until July 10, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: I � Section 1. That the requests to extend the expiration date of the approvals for the variance, special exception use, and site plan until July 10, 2007, are approved. Section 2. That such approvals are subject to the conditions previously approved by the City Commission. 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 on January 24, 2006. ANNE CASTRO MAYOR—COMMISSIONER ATTEST: ROLL CALL: 1 COMMISSIONER ANTON -NO e'Ac�LU,l,�,, - ��ZJ COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO -NO APPROVED AS TO FORM AND CORRECTNESS: BY: , T140m S J_JAW§I§RO CITY ATTORNEY 2 RESOLUTION #2006-012 RESOLUTION NO. 2005-023 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW _FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER&RUSSELL, P.A. AND ISRAEL KUSHN IR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR, TRUSTEE, FOR A SPECIAL EXCEPTION TO ASSIGN 112 RESIDENTIAL LAC (LOCAL ACTIVITY CENTER) UNITS TO PROPERTY LOCATED AT 109 SW PARK STREET, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Zoning Code, Chapter 28, Zoning, Article 4 "District Regulations",provides that a multifamily residential use is allowed in the C-3(Commercial)zoning district as a special exception use within the Dania Beach Community Redevelopment Area,subject to compliance with all restrictions and conditions prescribed in the City Comprehensive Land Use Plan;and WHEREAS,Bonnie Miskel,Esq.,with the law firm of Ruden,McClosky, Smith,Schuster & Russell, P.A. and Israel Kushnir of I. Kushnir Investments have applied for special exception approval to allow multi-family residential use within a C-3 zoning district,including the allocation of 112 residential LAC(Local Activity Center) units for property which is located at 109 SW Park Street, Dania Beach, and which property is located within the Dania Beach Community Redevelopment Area; and WHEREAS,the Planning&Zoning Board on January 19,2005,recommended that the City Commission grant the special exception request(SE-36-04), subject to conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article l 0.12, "Special Exception Uses", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OFT ME CII'Y OF DANIA BEACH, FLORIDA: Sec® That that certain application SE-36-04 filed by the applicant as identified above, for a Special Exception to allow a multi-family residential use within the C-3 zoning district, including the allocation of 112 residential LAC (Local Activity Center) units, a copy of which application is attached and made a part of this Resolution as Exhibit `A', for property generally located at 109 SW Park Street,Dania Beach is approved,subject to the following conditions: 1. The number of LAC units assigned to this property shala_,be proportional to the building height as approved by the City Commission. 2. Special Exception approval to automatically expire on March 1,2006.Applicant may apply to the City Commission for an extension(Variance approval, if granted,expires within one year of approval pursuant to City Code). 3. Applicant to prepare and record deed restriction(enforceable against subsequent owners)to voluntarily limit use of this parcel to condominium development. Deed restriction to be approved by the City Attorney and recorded prior to issuance of any development permits. 4. Applicant to prepare and file condominium documents disclosing(i)south runway expansion plan and potential impacts, and(ii)development potential of adjacent property pursuant to the CRA and Comprehensive Plan.Rental regulations(frequency and duration)shall also be included.Condominium documents to be filed with State and submitted to the City prior to issuance of any development permits. 5. Letter acknowledging payment of Local Activity Center School Impact Fees to Broward County prior to issuance of a building permit. 6. Payment of$537,600 Local Park Impact Fee prior to issuance of any building,paving,water, or sewer permits. The fee is based on 20% of the appraised value of the site as required by Section 19-71, 19-72, and 19-73 of the City Code. Appraisal submitted to staff at the January 19, 2005 Planning and Zoning Board meeting. 7. The applicant's attorney shall submit documentation(original)that the applicant understands and agrees that the Special Exception, Variances, and LAC unit allocation confer no v ested rights or entitlements to any of the following: (a) Site design, building design, parking configuration, architecture,or Fire-Rescue Department requirements, (b)Compliance with 2 RESOLUTION#200 5.023 water,sewer,paving,and drainage requirements; (c)Compliance with the regulatio0of any other governmental agency. 8. The applicant has submitted detailed peak hour capacity analysis for the intersection ofUS-1 and Dania Beach Boulevard. The results of the analysis indicate that future signal timing modifications at US-1 and Dania Beach Boulevard are necessary to accommodate the future demand. Therefore, based on the applicant's analysis, it is recommended that this intersection be periodically monitored to ensure that the optimum signal timing is implemented to accommodate the future peak hour demand (Public Services). 9. Sidewalks are required to meet ADA throughout the site,particularly at road and driveway crossing. Please label accordingly(Public Services). 10. Prior to issuance of any development permits,applicant to enter into a Developer Agreement with the City Commission addressing the installation of water and sewer improvements sufficient to meet the demands of the proposed use, including adequacy of fin flow requirements (Fire-Rescue and Public Services). 11. Minimum Building Setbacks PARKING GARAGE APARTMENT TOWER 20 feet from existing lot 30 feet from existing lot line ,Park Road Setback line 00 feet from future lot (20 feet from future lot line) line) 50 feet SW I"Avenue 20 feet South.Lot Line 23 feet 33 feet SW 3' Avenue 20 feet 20 feet 12. Staff reserves the right to require additional revisions pending submission of a complete site plan, including but not limited to the following: (a) Entryway signage must indicate a height restriction of 6' 8"within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles, including vehicular entrances. (b) Modify parking structure fagade architecture along Park Street and south lot line to resemble pedestrian scale residential or retail use, (c) Provide a photometric plan"to review possible hazards&disturbances to the public and adjacent properties"per Chapter 8, Sec. 8-4(g). Provide foot candle levels at all property lines; not to exceed 0.5 at south property line. 3 RESOLUTION #2005.023 (d) Landscape plans shall show location of light fixtures, per Sec. 2646(8). (e) Identify dimension and location of stabilized soil on landscape plan to accomnodate fire access lane. (f) All sidewalks (including Park Street) shall be located within public right-of-W&Y. (g) Prior to issuance of any development permits, applicant to provide nine (9) feet of additional right-of-way. (h) Prior to issuance of any development permits, applicant to provide five (5) feet of right-of-way adjacent to SW 3 Avenue to allow for future roadway expansion. (i) Efficiency apartments prohibited; I bedroom apartments not to exceed 25%of total units(remaining apartments to contain two or more bedrooms). Washer/dryerto be provided within each unit. (j) Prior to issuance of any development permits, applicant to submit and obtain approval of construction plans showing roadway improvements to Park Street, SW lri Avenue, and SW 3rd Avenue. Section on 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 on February 9, 2005. qC.'K. 0 ELYOR-CO ISSIONER ATTEST: ROLL CALL: 1 COMMISSIONER ANTON-YES COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES -NO MAYOR MCELYEA- YES 4 RESOLUTION #200.5-023 APPROVED AS TO F Rw1 AND CORRECTNESS: BY: qu, MA . l 0 CITY ATTORNEY 5 RESOLUTION#1005.023 t RESOLUTION NO. 2005-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW FIRM OF RUDEN,MCCLOSKY,SMITH, SCHUSTER& RUSSELL, P.A. AND ISRAEL KUSHNIR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR TRUSTEE,FROM CHAPTER 28, "ZONING, ARTICLE 5," SUPPLEMENTARY LOT REGULATIONS" FOR PROPERTY LOCATED AT 109 SW PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations" prescribe the height regulations in the C-3 (Commercial)zoning district; and WHEREAS,Bonnie Miskel,Esq., with the law firm of Ruden,McClosky,Smith,Schuster &Russell,P.A. and Israel Kushnir of I.Kushnir Investments have applied for a variance(VA-46-04) to allow a 10 story/113 foot tall building where the Dania Beach zoning code permits a maximum building height of 3 stories/40 feet in the C-3 zoning district for property located at 109 SW Park Street; and WHEREAS,the Planning&Zoning Board on January 19,2005,recommended that the City Commission grant variance request VA-46-04 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", 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(VA-46-04), for a variance as described above(from requirements in Chapter 28 "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations"),a copy of which is attached as Exhibit"A"is approved,with the following conditions: 1. The number of LAC units assigned to this property shall be proportional to the building height as approved by the City Commission. 2. Special Exception approval to automatically expire on March 1,2006. Applicant may apply to the City Commission for an extension(Variance approval, if granted,expires within one year of approval pursuant to City Code). 3. Applicant to prepare and record deed restriction(enforceable against subsequent owners)to voluntarily limit use of this parcel to condominium development. Deed restriction to be approved by the City Attorney and recorded prior to issuance of any development permits. 4. Applicant to prepare and file condominium documents disclosing(i)south runway expansion plan and potential impacts, and(ii)development potential of adjacent property pursuant to the CRA and Comprehensive Plan.Rental regulations(frequency and duration)shall also be included.Condominium documents to be filed with State and submitted to the City prior to issuance of any development permits. 5. Letter acknowledging payment of Local Activity Center School Impact Fees to Broward County prior to issuance of a building permit. 6. Payment of$537,600 Local Park Impact Fee prior to issuance of any building,paving,water, or sewer permits. The fee is based on 20% of the appraised value of the site as required by Section 19-71, 19-72, and 19-73 of the City Code. Appraisal submitted to staff at the ._ January 19, 2005 Planning and Zoning Board meeting. 7. The applicant's attorney shall submit documentation(original)that the applicant understands and agrees that the Special Exception,Variances,and LAC unit allocation confer no vested rights or entitlements to any of the following; (a) Site design, building design, parking `J configuration, architecture,or Fire-Rescue Department requirements;(b)Compliance with water,sewer,paving,and drainage requirements; (c)Compliance with the regulations of any other governmental agency. 8. The applicant has submitted detailed peak hour capacity analysis for the intersection of US-1 and Dania Beach Boulevard. The results of the analysis indicate that future signal timing modifications at US-1 and Dania Beach Boulevard are necessary to accommodate the future demand. Therefore, based on the applicant's analysis, it is recommended that this intersection be periodically monitored to ensure that the optimum signal timing is implemented to accommodate the future peak hour demand (Public Services). 9. Sidewalks are required to meet ADA throughout the site,particularly at road and driveway crossing. Please label accordingly (Public Services). 10. Prior to issuance of any development permits,applicant to enter into a Developer Agreement with the City Commission addressing the installation of water and sewer improvements sufficient to meet the demands of the proposed use, including adequacy of fire flow requirements (Fire-Rescue and Public Services). 11. Minimum Building Setbacks 2 RESOLUTION#2005-4024 PARKING GARAGE APARTMENT TOWER 20 feet from existing lot 30 feet from existing lot line Park load Setback line(10 feet from future lot (20 feet from future lot line) line) — 20 feet 50 feet Sly 1"Avenue South Lot Line 23 feet 33 feet SW 3 rd Avenue 20 feet 20 feet -------------- 12. Staff reserves the right to require additional revisions pending submission of a complete site plan, including but not limited to the following: (a) Entryway signage must indicate a height restriction of 6' 8"within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles,including vehicular entrances. (b) Modify parking structure fa;ade architecture along Park Street and south lot line to resemble pedestrian scale residential or retail use. (c) Provide a photometric plan"to review possible hazards&disturbances to the public and adjacent properties"per Chapter 8, Sec. 8-4(g). Provide foot candle levels at all —' property lines; not to exceed 0.5 at south property line. (d) Landscape plans shall show location of light fixtures, per Sec. 26-46(8). (e) Identify dimension and location of stabilized soil on landscape plan to accommodate fire access lane. (f) All sidewalks (including Park Street) shall be located within public right-of-way. (g) Prior to issuance of any development permits, applicant to provide nine(9) feet of additional right-of-way. (h) Prior to issuance of any development permits, applicant to provide five (5) feet of right-of-way adjacent to SW 3r Avenue to allow for future roadway expansion. (i) Efficiency apartments prohibited; 1 bedroom apartments not to exceed 25%of total units(remaining apartments to contain two or more bedrooms). Washer/dryer to be provided within each unit. 0) Prior to issuance of any development permits, applicant to submit and obtain approval of construction plans showing roadway improvements to Park Street,S W I s` Avenue, and SW 3rd Avenue. 3 RESOLUTION #200 5-024 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 on February 4, 2005. _ .., C. . C YE MAYOR—C� MISSIONER ATTEST: ROLL CALL: I n COMMISSIONER ANTON- YES COMMISSIONER CHUNK- YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES -NO MAYOR MCELYEA- YES APPROVED AS TO F RM AND CORRECTNESS: r BY: �! THOM S J. N BRO CITY ATTORNEY 4 RESOLUTION#2005-024 RESOLUTION NO. 2005-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVNG THE SITE PLAN REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER&RUSSELL, P.A. AND ISRAEL KUSHNIR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR, TRUSTEE, FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK 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,Bonnie Miskel,Esq.,with the law firm of Ruden, McClosky,Smith,Schuster &Russell,P.A. and Israel Kushnir of I. Kushnir Investments has applied for site plan approval for the proposed construction of a 10 story, 112 residential unit condominium building/parking structure, for property generally located at 109 SW Park Street, Dania Beach; and WHEREAS, the Planning& Zoning Board on May 18, 2005,recommended that the City Commission grant the site plan request(SP-16-05),based upon the criteria set forth in Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C0111?1RISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application (SP-16-05) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1 Applicant(or his attorney)sign and acknowledge agreement with these conditions,subject to any modifications by the City Commission. 2. Applicant to prepare and record deed restriction(enforceable against subsequent owners) to voluntarily limit use of this parcel to condominium development. Voluntary restriction shall be.reviewed by the City Attorney and recorded prior to issuance of any building, paving, water,.or sewer permits. 3. Applicant to prepare and file condominium documents disclosing the following(i)short and long term south runway expansion plan and potential impacts, (ii)development potential of adjacent property to the south based on the CRA Plan and Local Activity Center Land Use Designation,and(iii)rental'restrictions (condominium rental shall be limited to one tenant per year regardless of duration or lease). Condominium document language to be approved by City Attorney and filed with State prior to issuance of any building, paving, water, or sewer permits. 4. Proof of payment of the Local Activity Center School Impact Fees to Broward County must be provided prior to submission of building permits. 5. Payment of$537,600 Local Park Impact Fee prior to issuance of any building,paving,water, or sewer permits. The fee is based on 20% of the appraised value of the site pursuant to Section 19-71, 19-72, and 19-73 of the City Code. 6. Staff reserves the right to require additional revisions pending submission of complete site plan, including but not limited to the following (Community Development): (A) Entryway signage must indicate a height restriction of 6' 8" within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles, including vehicular entrances. (B) Prior to issuance of any development permits, applicant to provide additional right-of-way as per the approved site plan and engineering specifications. (C) Prior to issuance of any development permits,applicant to provide five(5)feet of right-of-way adjacent to SW 3`d Avenue to allow for future roadway expansion. (D) Prior to issuance of any development permits, applicant to submit construction plans showing improvements to Park Street,SW 1"Avenue,and SW 3nd Avenue. (E) Proposed double check valve detector shall be located outside the building's "collapse zone"(Public Services). 7. Prior to submission of building permit drawings, applicant to submit a $15,000.00 civil engineering cost recovery fee for city engineering plan review and inspection services. Unused funds to be returned to the applicant at time of final certificate of occupancy. 2 RESOLUTION#2005 —101 r It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach, Section Z• That based upon the criteria set forth in Section 8-4(p)of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automaticall Y expire.and become null and void unless building permits are obtained on or before 18 monthsfrom 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 passage and adoption. PASSED AND ADOPTED on June 28, 2005. ANNE CASTRO MAYOR—COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON-YES COMMISSIONER BERTINO -LOUISE STILSON YES CITY CLERK COMMISSIONER MCELYEA - YES VICE MAYOR FLURY- YES MAYOR CASTRO- YES APPROVED AS TO ORM AND CORRECTNESS BY: r 1 THOM J. R CITY ATT EY 3 RESOLUTION#2005-101