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HomeMy WebLinkAboutR-2000-094 • RESOLUTION NO. 2000-094 A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT I. MACLAREN, OSBORNE & OSBORNE, PA REPRESENTING THE OWNER. NICK ECONOMOS, PRESIDENT OF COED-ECONOMOS PROPERTIES, INC. FROM CHAPTER 28, ZONING AND CHAPTER 26, VEGETATION FOR PROPERTY LOCATED NORTH OF STILRING ROAD ON THE EAST SIDE OF SW 18T" AVENUE AND SOUTH OF SW 1ST STREET, (HILTON GARDENS AT STIRLING RD. PLAT)DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 5.22 (h), Height Regulations - Permitted Exceptions to Height Regulations, states that for any and all buildings to be erected in any zoning district in Dania the permitted height shall not exceed five (5) stories or sixty-two (62) feet, whichever of the two (2) shall be the least; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 6.22, Off Street Loading Requirements, states that in any district, in connection with every building, or building group or part thereof thereafter erected and having a gross floor area of four thousand (4,000) square feet or more, which is to be occupied by commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise,there shall be provided and maintained, on the same lot with such building, off-street loading or unloading berths; and0 WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 28.10, Impervious Land Area Requirements, states that to effectively provide for the drainage of storm water, the area of land covered by buildings, structures and impervious surfaces shall not exceed seventy (70) percent for commercial uses; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, Article IV Landscaping, Section 26-48, sets the Interior landscaping for all vehicular use areas, in the City of Dania Beach; and WHEREAS, Robert I. MacLaren, Osborne & Osborne, P.A., representing the property owner Nick Economos, President of Coed-Economos Properties, Inc., has applied for variances (VA-23-00) to allow relief from certain Zoning and Landscaping requirements as follows: Chapter 28, Zoning: 1) Height Regulations - Permitted Exceptions to Height Regulations, Article 5.22(h), to allow erection of a six story building where a maximum of a five-story building is permitted; • R-va-23-00 hilton gardens variance.doc 1 RESOLUTION NO. 2000-094 • 2) Off Street Loading Requirements, Article 6.22, to allow no designated loading spaces (4 spaces required); 3) Impervious Land Area Requirements, Article 28.10, to allow 23% pervious area where 30% is required; and Chapter 26, Vegetation: 4) Article IV Landscaping, Section 26-48, "Interior landscaping for all vehicular use areas",to allow a generalized variance from requirements relating to interior landscaping and landscape islands; for approximately 2.9269 acres of property located at the North of Stirling Road, on the East Side of SW 181h Ave. and South of SW 1s' St., (Hilton Gardens at Stirling Road Plat), Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2000, recommended that the City Commission grant variance request VA-23-00 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-23-00, for variances as described above (from certain requirements in Chapter 28, Zoning and Chapter 26, Vegetation,Article IV Landscaping), a copy of which is attached as Exhibit "A" is approved with the following conditions: 1) Backflow on 4" water service line to be provided; 2) Dedication of 25 foot right-of-way (east portion) on SW 18th Avenue; 3) Prior to issuance of a building permit, applicant to obtain permit for the modification of the existing traffic signal at Stirling Road/SW 18th Avenue or obtain authorization from Florida Department of Transportation to construct the traffic signal to provide an eastbound left turn signal phase onto 18th Avenue. Prior to obtaining a C of O, applicant to construct the east eastbound left turn signal phase onto 18th Avenue; 4) Prior to obtaining building permit, applicant to provide a cash bond to construct the east portion of SW 18th Avenue (based on a 24 foot cross section) R-va-23-00 hilton gardens variance.doc 2 RESOLUTION NO. 2000-094 • and future meandering sidewalk on the east side of 181' Avenue; 5) Applicant to pay approximately $13,061.00 into the City Landscape Trust Fund for those trees which cannot be preserved or relocated on-site; 6) The City's 30% pervious area requirement shall be met with enhancement of the perimeter areas using either a beehive material or grass areas; 7) There shall be no identification or placement of any signs on the construction drawings and all signs for the project shall be permitted separately; (8) The applicant agrees to contribute $30,000.00 towards moving the historic Parker House or$45,000.00 to the City's Historic Preservation Fund if the City of Dania Beach decides not to relocate the historic Parker House from the site. Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THE 27T" DAY OF JUNE, 2000. • C.K. MCELYEA MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR MCELYEA - YES VICE-MAYOR BERTINO- YES SHERY CHAPWANY COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER MIKES- YES COMMISSIONER CALI-ABSENT APPROVED AS TO FO IM AND CORRECTNESS: BY: � - THO AS . ANSBRO CITY AT ORNEY • R-va-23-00 hilton gardens variance.doc 3 RESOLUTION NO. 2000-094 qw— APPLICATION NUMBER: I CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH. FL 33004 VAa 3' (954) 921-8700 X262 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach. Florida to consider the variance of the parcel(s) of land described in this application. NAME OF APPLICANT: Coed-Economos Properties, Inc. , c/o Robert I. MacLaren, II ADDRESS OF APPLICANT: J798 South Federal Highway. Suite 100, Boca Raton, Florida 334; PROPERTY INTEREST OF APPLICANT: Fee Simple Coed-Economos Properties, Inc. NAME AND ADDRESS OF PROPERTY OWNER: 4305 N.W. 24th Way, Boca Raton, Florida 33431 ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 80 S.W. 18th Avenue See attached legal. PRESENT ZONING: C-2 LOT SIZEIAR EA. 111.792.82 PRESENT/ PROPOSED USE OF PROPERTY: 156-room "Hilton Gardens at Stirling Road" hotel facility ® DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): See attached sheet LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E. ARCHITECT, ATTORNEY): See attached PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY. The following questions pertain to the criteria upon which the City Commission and Planning and Zoning Board will consider this application. ?) Describe how 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. See attached EXHIBIT ®9 4 _) Provide evidence that the special conoitions and circumstances co not r'suit from the actions of the applicant. ® See attached 3) Describe how granting the requested variance(s) will not confer any special privilege on the applicant that is denied by the zoning code to other lands. buildings or structures in this same zoning district. See attached 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. ® 6) Explain how the grant of the variances) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to the area involved or otherwise detrimental to the public welfare. -) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This is to certify that I am the owner of the subject land(s) described above in the petition for variance. (Complete only if applicable) 1 have also authorized the undersigned petitioner to make and file this appliGation for nan �TtC.S =U�• S GNA UR F APPL ANT STATE OF FLORIDA COUNTY OF BROWARD } T e forgoing instrument was ackno'w)edged efore me on �n r� i 1999 by 'RO be I QC kcre-n as[title] V i c� PCs I cQ ev, i— for[name ofentity] Coec - E s ® r �` a Florida Corporation,who is personally known to me, or produced as identifica ion. �— My Commission Expires: NOTA PUBLIC Marilyn F Amoruso * *My Commission CC68M 'o,M� 'Expires October6,2001 ® DESCRIPTION OF VARIANCES 1. Article 28.10 - Pervious and Impervious Areas required - 30% pervious area site area - 118729 30% - 35,618.7 proposed - 27,449.00 sq. feet requested variance = 8,169.7 sq. feet 2. 5.22(h) page 1728.2 Height required - 5 stories or 62 feet proposed - 6 stories 57'3" 3. 6.22 page 1740.2 Loading Berths required - 4 loading berths proposed - 1 • HALIBRARY\99\22323\doc\Desc.of Variances.wpd • LIST OF CONSULTANTS 1. Rodriguez Architects Miguel A. Rodriguez, AIA George Valcarcel 3127 Ponce de Leon Boulevard Coral Gables, FL 33134 Tel: (305) 448-3373 Fax: (305) 448-3374 2. Robert I. MacLaren, II/Linda O. MacLaren Attorneys at Law 798 South Federal Highway Suite 100 Boca Raton, FL 33432 Tel: (561) 395-1000 Fax: (561) 395-8313 3. Caulfield & Wheeler, Inc. Consulting Engineers, Land Planners, Surveyors 7301A West Palmetto Park Road Suite 100A Boca Raton, Florida 33433 Tel: (561) 392-1991 Fax: (561) 750-1452 John Wheeler- Civil Engineer David Lindley - Surveyor Steven Tate - Landscape Architect 4. Consul-Tech Engineering, Inc. 10570 N.W. 27th Street Suite 101 Miami, Florida 33172 Tel: (305) 792-6410 Fax: (305) 599-3143 HALIBRARY\99\22323\doc\Ust of Consultantsmpd • ANSWERS TO QUESTIONS 1. Unique and special conditions exist relative to not only to this particular parcel but also in the immediately surrounding area. The elevated highway system and the support structure to the west is a significant unique condition not existing in other areas of the City of Dania Beach that have a similar zoning Application. This is definitively illustrated by the fact that similar variances to those requested in this Application were granted relative to the use and development of the parcel to the immediate west of this site. In order to permit the most effective design solution and the utilization of the quality improvements proposed for the site, it is necessary to implement a design that employs the additional sixth story and the appropriate layout and building footprint as reflected in the site plan submitted with this Application. The functional requirements of a hotel facility do not require the loading berths dictated by the Code requirements which are directed to retail use which results in significantly greater deliveries and need for loading berths. 2. The special conditions and circumstances do not result in any manner from the actions of the applicant. In contrast, these conditions are prevalent in this immediate area which resulted in the granting of similar variances for the parcel to the immediate west of this site. 3. The granting of the requested variances will not confer any special privilege on the applicant that is denied by the Zoning Code to others in the zoning district. The use and development of the parcel pursuant to the variances requested will permit a better design solution to be implemented relative to the subject parcel, which will at all times be consistent and compatible with the use of the neighboring parcel. The collective result will be to provide a quality project and an enhanced asset to the community. 4. The unique conditions of the area preclude reasonable development of the parcel and the most beneficial design solution in the event the applicable regulation requirements are applied absent to the variances requested in this Application. Accordingly, the enforcement of the applicable Regulatory Requirements would deprive the Applicant of the right to make reasonable use of the parcel which is a right commonly enjoyed by other parcels of land in this zoning district and would result in an unnecessary hardship to the Applicant. 5. The requested variances are the very minimum that permit the reasonable use and development of the parcel which use is fully consistent with the spirit and intent of the Zoning Code and result in a much enhanced utilization of the parcel. • 6. The use and development of the parcel pursuant to the requested variances is consistent and in complete harmony with the purposes, goals, and objectives • reflected in the Zoning Code and facilitates the achievement of each of these elements of the Zoning Code. The use and development of the parcel pursuant to the requested variances will not be injurious to the area involved or in any manner whatsoever detrimental to the public welfare. As noted, quality development in the area has been achieved through the use of similar variances to those requested in this Application. In sharp contrast, the use and development of the parcel and the surrounding adjacent parcels will be significantly benefitted as a result of the implementation of the variances that have been requested. 7. The development and use of the parcel in the highest quality manner dictates the utilization of the variances requested in this Application. The employment of this design solution results in a benefit to both the parcel and the community without in any manner impacting surrounding areas other than in a positive manner. It is important to note that through the implementation of the site design, the parcel achieves all of the goals and objectives of the "pervious/impervious" ratio requirement and exceeds the objective height limitation of 62 feet but only one foot seven inches. This diminimus amount over the 62 foot figure is achieved by placing the necessary number of rooms in the six story envelope thereby utilizing only the minimum variance necessary to achieve the benefits provided by this project. H:\LIBRARY\99\22323\doc\Answers-AppiicabonforVariance.wpd • 036 E 7�' P a roe 1:50.42-33-00-0831 Situs:100 SW 18TH AVE, DANIA FL 33004.3105 DUKE a DUKE 548 IROSUB 4124-4S) clol-sz LAKE P,SR q0 x HIS SITE �f ®� �KIRIL.IGFi PLAT i J p® THE GAUDIO m KAT, n 4 ack 4 • U1I Y OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on June 27, 2000 at 7:30 p.m.,or as soon thereafter as possible,in the City Commission Room,Administrative Center 100 West Dania Beach Blvd., Dania Beach, Florida 33064, for the purpose of hearingg any comments which might be made to a request, as tot lows: 11 Petition PL-20-00:Preliminary plat request by Craig A.Smith&Associates,representative for Jeffrey L.Hill,for groperty located at the NW corner of Stirling Road and hlppen Rd.within the City of Dania Beach.The prelimi- nary plat will be known as the'Westpsipdee Five'plat.Legally as reescribed:Block'C'of corded corded in Plat book 2�pageM90 of the public Subdivision. of Dade County,Florida.Less that portion used for Phippen Road and Stirling Road right-of-we .Lying in the City of Dania Beach,Broward County,Florida.Containing 4.263 acres more or less. The title of the Ordinance reads as follows: AN APPROVING THEEWESTSIDE 5'F THE YPOLATDSUCH FLORIDA. PROPER- TY BEING LOCATED IN THE CITY OF DANIA AND LEGAL- LY DESCRIBED IN EXHIBIT'A- A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE: ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,HIGH- WAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF EASTSIDE FIVE',PROVIDING FOR SEVERABILITY;FUR- THER, PROVIDING FOR AN EFFECTIVE DATE. 2)Petition VA-23-00:Variance request by Robert L.Mac- Laren, Osborne&Osborne, PA repFresenting the Owner, Nick Economos, President Coed-Economos Properties, Inc.The request is for variances from Chapter 28,Zoning: 1) Article 5.22(h), to allow a six story building where a maximum five story building is permitted;2)Article 6.22,to allow no designated loading spaces(4 spaces required;3) Q O Article 28.10, to allow 29R pervious area where 304, Is / required:and 4)A variance request from Chapter 26 Veg- etation Section 26-48,'Interior Landscaping',to allow a generalized variance from requirements relating to interior jlandscaping and landscape islands. The aforementioned variances are associated with the development of a 156 I room 'Hilton Gar deppns' hotel facility on ralpproximate�lgy Road on the EasteSldeofnSWl 18th Ave.and South of R 1 st St.,Dania Beach.This request is in conjunction with a site plan request for a 156 room 'Hilton Gardens' hotel facility . Legally described:That Portion of The W 1/2 of The SW 1/4 of The Se 1/4 of Section 33, Township 50 South. Range 42 East Broward County.Florida.More Particularly I Described As kollows:Commencing At The SW Corner of The W 1/2 of The SW 1/4 of The SWg 1/4 of The Se 114 of SecondscEast on And Along The West bounda4ry3 Line ofSaid W 1/2 of The SW 1/4 of The SW 1/4 of The Se 1/4, A Distance of 255.97 Feet To The Point of Beginning;Thence Continue 12 72 Feat To The NW Described rl of Said /2 oflThe SW 1/4 of The SW 1/4 of The Se 1/4;Thence Run North 89 Degrees 58 Minutes An 01 Seconds East And Along The North Boundary of Said W 1/2 of The SW 1/4 of The SW Corner of S d W 1/2 of The SW 1/2 of The SW 1/4 of The SW 1/4 of The Se 1/4;Thence Run South 0 Degrees 46 Minutes 52 Seconds West And Along The East Line of Said Di tan of The .9 lee 0}The SW 1/4 of The Se 1/4.A Distance of 3Minu Feet To A Point:WestThence Run South 83 Degrees 08 Minutes 29 Seconds West A Diesttance of Mien tes.30 45 To A Seconds WestT A Distance 1t72 0 Feet Too The Point of Beginning. Said Lands Situate In The City of Dania Broward County, Florida. Containing 129,062 Square Feet /2.9629 Acres, More Or Less. Subject To Easements, Restrictions, Reservations, Covenants, And Rights-of-Way of Resord. ) Petition VA-22-00: Request by Udo Weidauer, as President for Derecktor Gunnell,Inc.,for property located at 775 Taylor Lane, Dania Beach, Florida for a variance request from Chapter 28,Zoning,Article 4.20 Schedule of Lot. Yard and Bulk Regulations to allow a 55 foot high membrane structure where a maximum height of 35 feet is permitted in an IG zoned district.Leg g to the Plat the�reob,as rec:Allorded in platbook 9 at page of the public records of Broward County, Florida. 4) Petition VC-31-00: Request by Ronald Mrrattsyyt�r�ana. adgitf 2000 auffsteeam Rd.,Dania Development to vacate the waterline easements which were dedicated for the specific purpose of'the operation and maintenance of underground waterlines' and which are no longer necessery. Legal aban- doned are eas follows:All that 1portion of the 20'water line easement Iving within parcel'A'of the NCL Plat,Plat Book 150 Page O. Copies of the proposed petition are available for viewing in the Growth Mamegement 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 ap pear at the public hearing and be heard with respect to the pro pbsed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these roceedings should contact Sheryl Chapman.Administra- tive Services Director, 100 W. Dania Beach Blvd. Dania Beach,FL 33004,(954)924-3630,at least 72 hours prior to ! meeting. p ion rr the City Commiisssi ndecidestr tegoa pd to aeal nyymat ter cons dared at this meetindin g or hearing will need a record of the pro- i verbatim rrecorgdrof the proceedings is made.ensure I includes the testimony and evidence upon which the ap- peal is to based. Lou Ann Cunningham Planning Technician June 18, g CITY OF POMPANO BEACH, FLORIDA NOTICE OF PUBLIC HEARING P.H. Stpp 14 YOU ARE HEREBY NOTIFIED of a Public Hearing before the UNSAFE STRUCTURES AND HOUSING APPEALS he 27th dayAofJ unof te,e2000, at of °5:00 P MeinthelCityaCommission Chamber Conference Room of the City Hall Complex at 100 West Atlantic Boulevard.This is a Public Hearing being held In accordance with the provisions of Section 20' .10 Og AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. _ffe 1. DATE OF COMMISSION MEETING: 06/27/00 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - PETITION VA-23-00 Variance request by Robert I. MacLaren, Osborne & Osborne, PA representing the Owner, Nick Economos, President Coed-Economos Properties, Inc.. The request is for variances from Chapter 28, Zoning: 1) Article 5.22(h), to allow a six story building where a maximum five story building is permitted; 2) Article 6.22, to allow no designated loading spaces (4 spaces required); 3) Article 28.10, to allow 23% pervious area where 30% is required; and 4) A variance request from Chapter 26, Vegetation, Section 26-48, "Interior Landscaping", to allow a generalized variance from requirements relating to interior landscaping and landscape islands. The aforementioned variances are associated with the development of a 156 room "Hilton Gardens" hotel facility on approximately 2.9269 acres. The property is located North of Stirling Road, on the East Side of SW 181h Ave. and South of SW 1s' St., Dania Beach. This request is in conjunction with a site plan request (SP-17-00) for a 156 room "Hilton Gardens" hotel facility . • 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum Resolution Variance Application Location Map Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board approved this request at their May 17, 2000 regular meeting Submitted by: Laurence G. Leeds, AICP, Director Date 06120/2000 Growth Management Department City Manager Date GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management RE: Variance Request: Hilton (SW 18th Avenue) DATE: June 27, 2000 The applicant has submitted a site plan for a 156 room hotel. In conjunction with the site plan, the applicant has requested variance to allow: 1) a six story building where a maximum five story building is permitted; 2) no designated loading spaces (4 spaces required); 3) a generalized variance from requirements relating to interior landscaping and • landscape islands; and 4) 23% pervious area where 30% is required. Based on the applicant's efforts at tree reservation, staff recommends approval of all four variances subject to the following. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval, subject to reducing the number of hotel rooms to 156 from 160, and that the trees that are removed from the site to be donated to the City's Parks and Recreation Department (This issue to addressed at the City Commission meeting). 1) To allow six story building where a maximum five story building is permitted. Staff recommends approval. The City Future Use Plan (Commercial, Industrial) and existing and proposed development (Springhill Suites) support a six story hotel at this location. 2) To allow no designated loading spaces (4 spaces required). Staff recommends approval. The loading space requirement is primarily intended for commercial and retail uses, not offices or hotels. Staff has no objection to providing one loading space. Staff would prefer to see the loading space in a side or rear yard. 1 h i I tonvar i ance002.doc • However, given the constraints of the site, tree location/preservation concerns, and wetlands issues, staff does not object to the loading space off 18th Avenue. 3) To allow a generalized variance from requirements relating to interior landscaping and landscape islands. Staff recommends approval. The primary objective in reviewing the proposed development is to maximize on-site tree preservation. Applicant has requested this variance to locate traffic islands and landscape areas to accommodate existing or relocated trees, rather than the numerical requirements of the zoning code. Staff concurs. 4) 23% pervious area where 30% is required (Revised May 17, 2000) The original site plan provides approximately 23% pervious area (30% required). Generally staff would not support this significant a reduction in pervious area. However, the totality of circumstances affecting this site (ie. the small parcel size, presence of wetlands, land dedication for 18th Avenue right-of-way, and significant elevation changes) call for some form of relief, especially if said relief encourages the preservation of existing mature oak trees. STAFF RECOMMENDATION • Approval, subject to: 1) Backflow on 4" water service line to be provided. 2) Dedication of 25 foot right-of-way (east portion) on SW 18th Avenue. 3) Prior to issuance of a building permits, applicant to obtain permit for the modification of the existing traffic signal at Stirling Road/SW 18th Avenue to provide an eastbound left turn signal phase onto 18t Avenue. Prior to obtaining a C of O, Applicant to construct the east eastbound left turn signal phase onto 18th Avenue. 4) Prior to obtaining a building permit, applicant to provide a cash bond to construct the east portion of SW 18th Avenue (based on a 24 foot cross section) and future meandering sidewalk on the east side of 18th Avenue. 5) Applicant to pay approximately $15,000** into the City Landscape Trust Fund for those trees which cannot be preserved or relocated on-site (**Exact amount and any additional landscape conditions to be provided at City Commission Meeting). 2 hiltonvanance002.doc