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HomeMy WebLinkAboutR-2000-170 RESOLUTION NO. 2000-170 A RESOLUTION AMENDING THE SITE PLAN FOR MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A"TO ALLOW SUBSTITUTION OF THE LANDSCAPING ALONG THE SOUTH PROPERTY LINE ADJACENT TO SE 3RD STREET AND WEST PROPERTY LINE ADJACENT TO SE 3RD AVENUE; 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, D. Bernice Dering, President, representing Meadowbrook Lakes View Condo Assoc. "A", Inc. 315 SE 3rd St., Dania Beach, Florida, has applied for an amendment to the site plan to allow substitute landscaping along the south property line adjacent to SE 3rd Street and the west property line adjacent to SE 3rd Avenue; and • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain site plan amendment to allow substitute landscaping along the south property line adjacent to SE 3rd Street and the west property line adjacent to SE 3' Avenue by the applicant is hereby approved with the following conditions: 1) Hedge height to be maintained at three (3) feet; 2) Minimum hedge spread to be 24 inches (two-foot off-center, 24" high); 3) The association must come back to the City Commission for approval of the installation of parking lot lights. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2000-170 Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 24T" day of OCTOBER, 2000. y C.K. MCELYEA . MAYOR — COMMISSIONER ROLL CALL: ATTEST: MAYOR MCELYEA- YES !' VICE-MAYOR BERTINO-YES COMMISSIONER CALI-ABSENT 'SHERYLICHAPMAW COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: • BY: I THOMA,S J. A'NSBRO CITY ATTORNEY • 2 RESOLUTION NO. 2000-170 Meadowbrook Lakes-View Condo Assoc. uX, Inc. (� 315 S.E. 3rd STREET V DANIA, FLORIDA 33004 OPT 1 C L l� October 9, 2000 Mr. Lawrence Leeds, Director City of Dania Beach Growth Management Mr. William Johnson, Chief City of Dania Beach Zoning-Code Enforcement Dear Messrs. Leeds and Johnson: We hereby request your assistance in presenting for approval our enclosed proposal for replacing trees on the perimeter of our community property to the Board of Commissioners at their meeting Tuesday evening, October 24, 2000. We further request the City's indulgence in allowing us to complete this project in two (2) phases due to budgeting constraints. The trees along Southeast Third Street will be replaced by the end of December 2000. The trees along Southeast Third Avenue will be replaced by February 1, 2001. v Pursuant to our conversations, enclosed please find: 1. Three (3) copies of the plans for replacing the Australian Pines and Melaleuca trees on our property adjacent to Southeast Third Street and Southeast Third Avenue. • 2. A copy of the minutes of the September 27, 2000, meeting of our board of directors during which seven (7) of the nine (9) members of our current board of directors approved the proposal for removing these trees and engaging Michael Fay, Landscape Architect, to prepared the above-referenced plan. 3. A copy of the October 14, 1999, letter from Mr. Robert J. (Bud) Palm, Director of Utilities/Public Works Department, requesting our board of directors address the affect these existing trees have on the drainage system. 4. Our check for$165 made payable to the City of Dania Beach. Do not hesitate to contact me if you need further information for this request. Thanking you for your gracious cooperation and assistance, I am Sincerely yours, FO HiBOA D OF DIRECT S D. Hi ring, resident O54nclosures ) 925-6208 (home) (954) 917-1330 (work) MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A" , INC. MEETING OF BOARD OF DIRECTORS Wednesday, September 27, 2000 The Wednesday, September 27, 2000 , meeting of the Board of Directors of Meadowbrook Lakes View Condominium Association "A" , Inc . , Phase V, was called to order in the Recreational Building at approximately 7 : 30 p.m. by President Bernice Dering. Notice of said meeting was posted on September 23 , 2000 . The following members of the Board were present and/or absent : Present Absent Building "F" : Mary Ann Pia Lennox Scope Joyce Lemrow Building "G" : Bernice Dering Elizabeth Passero Patrick Mone Building "H" : Florence Kahn Charles Alba John Coleman Motion was made by Pat Mone that unit owner Stanley Cybroski (Y-310) be appointed to serve the remainder of the term of director Charles Alba who sold his unit . After being seconded by Florence Kahn, the motion was • carried unanimously. Prior to the meeting, all members of the board were provided with the following proposals for removing the Australian pine and melaleuca trees along the perimeter of our community, i .e . Southeast Third Street and Avenue and grinding the remaining stumps below ground level : James Landscaping Inc . $14 , 100 SE Third Street $ 6 , 500 SE Third Avenue K & R Tree Service $14 , 850 SE Third Street $ 5 , 000 SE Third Avenue The Tree Company $13 , 500 SE Third Street $ 5 , 200 SE Third Avenue Motion was made by Mary Ann Pia that the Board accept the proposal from James Landscaping Inc . for $14 , 100 to remove the perimeter melaleuca and Australian pine trees along Southeast Third Street . She further recommended the board accept the proposal from K & R Tree Service for $5 , 000 to remove the perimeter trees along Southeast Third Avenue . The motion was seconded by Pat Mone . After some discussion, the following members of the board of directors, which constituted a quorum, voted in favor of the above motion : Mary Ann Pia Bernice Dering Stanley Cybroski Patrick Mone Florence Kahn Meeting of Board of Directors Wednesday, September 27 , 2000 Page 2 Director Len Scope provided the written statement attached to these minutes to verify his vote in favor of accepting the proposals for removing the trees . Bernice advised the board that the City of Dania Beach is requiring a landscaping plan be provided for their approval prior to beginning the removal of the trees . She indicated city officials have already indicated our plan must include a hedge . Bernice advised three (3) landscape architects that were recommended were contacted and she gave each board member a copy of a written proposal from Joseph Handley of Craven Thompson & Associates Inc . for $2 , 800 . She further indicated she requested on 9/18 but never received a proposal from Steve Pate . Bernice obtained a verbal commitment for not more than $1 , 500 from landscape architect Michael Fay, who charges $75/hour, whom she recommends the board consider for this job. Motion was made by Florence Kahn that the board accept the verbal proposal for $1 , 500 from landscaping architect Michael Fay. After being seconded by Mary Ann Pia, the motion was approved unanimously by the five (5) directors in attendance . Director Len Scope provided the written statement attached to these minutes voting in favor of accepting the proposals from the landscaping architect . There being no further business to come before the meeting, a Motion was made by Mary Ann Pia that same be adjourn at approximately 7 : 45 p.m. Said Motion was seconded by Florence Kahn and unanimously carried. Director Len Scope also called at approximately 7 : 47 p .m. to again register his approval of the Motions by speakerphone . Director Elizabeth Passero also called at approximately 7 : 50 p .m. and voted by speakerphone in favor of the Motion regarding unit owner Stanley Cybroski (H-310) replacing Charles Alba. A quorum did, therefore, approve this motion. Elizabeth further voted in favor of accepting the Motions accepting the proposals for removing the trees and to engage the landscaping architect . Respectfully submitted: Acting Recording Secretary • • ,,t. 7 ,2 00� CL mil? ,�c _ / 't � /�!'J��' l'� -, _ ► . rd . CITY OF DANIA BEACH Utilities and Public Works Phone : 954-924-3742 P. O. Box 1708 Fax: 954-923-1109 Dania Beach FL 33004 October 14, 1999 Phone 958-5530 ext.110 Bernice Dering, President of Meadowbrook Lakeview Condo Association (A) 315 SW 3 St Dania Beach FL 33004 Re: Pine Trees orr Ms. Dering, The City of Dania Beach would like you to address the situation of the pine trees along SE 3 St and SE 3 Ave with your associations. These trees drop an abundance of needles; as a result the needles flow into the drainage system, causing a blockage to the system. I strongly suggest that these trees should be cut down. At the next board meeting please address this crucial situation, as it affects the drainage of the streets in the Meadowbrook area. A decision should be agreed upon no latter than the next board meeting, which would be your December meeting. If the association decides to neglect this crucial situation, the City will then have no other recourse than to implement a weekly raking by the associations. SZbert y R (Bud) Palm, Director of Utilities/ Public Works Depts. �•Qt �� ; If i g I r K � ,g.,.. y . r / 1x t ` - �i16�A► - Y yYr h- •..mow {�"'+wn. r S A �.••' 6 � t T�'.���m�-�.,e�$ r a r«r;� � �� rl �• kZ. 1 $� � ri y r 1f��. S .n�1A!kkl 'Nail. CITY OF DANIA BEACH UTILITIES AND PUBLIC WORKS DEPTS. MEMORANDUM DATE: October 4, 2000 TO: Larry Leeds, Director of Growth Management FROM: Bud Palm, Director of Utilities/Public Works Depts4/ SUBJECT: Australian Pine Meadowbrook Lakes Condo Larry, I received a call from Bernice Derring, in reference to the removal of the Australian Pine trees. She mentioned that you would need conformation to this fact. Yes, back in October of 1999, 1 sent a letter to Ms. Derring, President of Meadowbrook Association A, Phase V, strongly suggesting that these trees be removed for the purpose of dainage. I have 4Vached a copy of the letter to this memo. If you should need further discussions on this matter please feel free to call. Thank you, Bud Cc: William S Johnson, Chief Zoning Inspector Bernice Dering, President of Meadowbrook Assoc. A, Phase V DMMan t ACT - 6 ' 00 CI 1A BEACH Utilities and Public Works Phone : 954-924-3742 P. O. Box 1708 Fax: 954-923-1109 Dania Beach FL 33004 October 14, 1999 Phone 958-5530 ext.110 Bernice Dering, President of Meadowbrook Lakeview Condo Association (A) 315SW3St Dania Beach FL 33004 Re: Pine Trees Oar Ms. Dering, The City of Dania Beach would like you to address the situation of the pine trees along SE 3 St and SE 3 Ave with your associations. These trees drop an abundance of needles; as a result the needles flow into the drainage system, causing a blockage to the system. I strongly suggest that these trees should be cut down. At the next board meeting please address this crucial situation, as it affects the drainage of the streets in the Meadowbrook area. A decision should be agreed upon no latter than the next board meeting, which would be your December meeting. If the association decides to neglect this crucial situation, the City will then have no other recourse than to implement a weekly raking by the associations. Sincer , obert J u Palm, Director of Utilities/ Public Works Depts. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH TICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on "tober 24, 2000 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room, of the Dania Beach 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: Petition: D. Bernice Dering, President, representing Meadowbrook Lakes View Condo Assoc. "A", Inc. 315 SE 3rd St., Dania Beach, Florida has requested an amendment to the approved site plan. Meadowbrook Lakes View Condo Assoc. "A" would like to request that the site plan be amended to allow the replacement of Australian Pines and Melaleuca trees along the south (SE 3rd Street) and west (SE 3`d Avenue) property lines. Copies of the proposed petition are available for viewing in the Growth Management 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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by 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. Ou Ann Cunningham Planning Technician Posted: Thursday, October 19, 2000 0 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. —To 1. DATE OF COMMISSION MEETING: 10/24/00 2. DESCRIPTION OF AGENDA ITEM: SITE PLAN AMENDMENT- LANDSCAPING 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Meadowbrook Lakes View Condo Assoc. "A" would like to request that the site plan be amended to allow the replacement of Australian Pines and Melaleuca trees along the south (SE 3`d Street) and west (SE 3rd Avenue) property lines. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF REPORT RESOLUTION LETTER AND MINUTES FROM MEADOWBROOK LAKES VIEW CONDO ASSOC. "A" MEMORANDUM FROM BUD PALM, DIRECTOR UTILITIES/ PUBLIC WORKS LANDSCAPE PLANS 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Submitted by: Laurence G. Leeds,AICP, Director Date 10/19/00 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director RE: Request by Meadowbrook Lakes Condo Association "A" to Amend the Existing As-Built Site Plan to Replace Existing Australian Pines Along Portions of SE Third Avenue and SE Third Street APPLICANT: Meadowbrook Lakes View Condo Association "A", Inc. DATE: October 24, 2000 City Commission Meeting In October 1999, the Public Works/Utilities Director notified Meadowbrook Lakes View Condo Association "A of an on-going drainage problem caused by the accumulation of Australian Pine needles in the Meadowbr000k drainage system. The Director suggested the Australian Pines be removed and replaced with acceptable landscaping. In response, Meadowbrook Lakes View Condo Association "A", Inc. submitted a replacement landscape plan included in your backup. While site plan review is not generally required to revise landscaping consistent with code, the visual impact of the proposed change upon the • adjacent community suggest Commission review is appropriate. The new plan provides a variety of trees (primarily live oak and gumbo limbo), between 10 and 14 feet in height, along the perimeter of Condo Association "A". The plan also provides low shrubs (primarily cocoplum) with a starting height of 24" in this same area. The landscape plan provides the correct number of trees (one tree per each ,30 feet), but spaces them in an irregular manner for aesthetic purposes. As such, trees are spaced between 20' and 40' apart. The single-family homeowners abutting Meadowbrook will immediately notice the removal of the established "exotic" tree buffer. The new trees will not initially provide the screening of the existing Australian Pines. However, removal of the Pines is necessary to help correct an on- going drainage problem. The replacement trees will grow to maturity over time, providing a slightly lesser but more suitable buffer than what presently exists today. STAFF RECOMMENDATION Approval, subject to the following landscape revisions: 1) Hedge height to be maintained at three (3) feet. 2) Minimum hedge spread to be 24 inches (two-foot off-center, 24" high). MEADOWBROOK LAKE VIEW CONDO SITE PLAN AMENDMENT 102400.doo ,.rations of Condominium and whiched shall include the estimated ­� necessary for all the maintenance, repair, replacement and oper- of Common Elements within each condominium of MEADOWBROOK LAKES a VILLAGE II in the condition substantially similar to that established Developer. Said estimate shall take into account overhead items such 4M. -as office expense, utility costs, casualty and liability insurance, administration cost, operating and replacement reserves, and depreciation. b. MEADOWBROOK LAKES VIEW VILLAGE II SUBDIVISION BUDGET: The Meadowbrook Lakes View Village Subdivision budget shall cover costs as such term is defined in the Declaration of Condominium and, which shall include the amount of contribution necessary to pay the cost of the maintenance, repair, replacement and improvement of those areas as well as the cost of carrying on those functions of common interest to all owners within MEADOWBROOK LAKES VIEW VILLAGE II. _ This shall include all "Common Area Expenses" and all "Recreational Area Expenses" . The Meadow- brook Lakes View Village Subdivision Budget shall never include any items included or to be included in the "Common Expense Budget" nor shall any item included or to be included in the "MEADOWBROOK LAKES VIEW VILLAGE II SUBDIVISION BUDGET" ever be included in the "Common Expense Budget" of the individual condominiums, further, no condominium shall be responsible for any other condominiums expenses. c. Proposed Assessments to be levied against each member to cover the foregoing budgets. Separate books of account shall be maintained for each individual condominium and each assessment shall be based upon such separate accounting books. d. Betterments : Which shall include the funds to be used for e i' pital expenditures for additional improvements or additional personal property which will be part of the Common Elements; provided, however that in the expenditure of this fund no sum in excess of Ten Thousand and no/100 Dollars ($10, 000. 00) shall be expended for a single item or purpose without approval of the members of the Association. 3. Copies of the Budget and Assessment Notice , which shall specify charges relating to Common Expenses Costs and those relating to MEADOWBROOK LAKES VIEW VILLAGE Costs , shall be transmitted to each member on or before January first of the Year for which same has been prepared. If the budget is subsequently amended before the assessments are made, a copy of the amended budget shall be furnished to each member concerned therewith. Delivery of a copy of any budget or amended budget to each member shall not affect the liability of any member for such assessment neither shall delivery of a copy of such budget or amended budget to considered as a condition precedent to the effectiveness of said budget and assessments levied pursuant thereto; and nothing herein contained shall be construed as restricting the right of the Board of Directors, at any time, in its sole discretion, to levy any additional assessment in the event that the budget originally adopted shall appear to be insufficient to pay costs and expenses of operation and management, or in the event of emergencies. 4. The Board of Directors shall determine the method of payment f such assessments and the due dates thereof and shall notify the tubers thereof; provided that no installment shall be payable less than `enty (20) days from giving of such notification. If an apartment dwell- ing unit owner and, thereupon, the unpaid balance of the assessment shall come due upon the date stated in the notice, but not less than ten (10) days after delivery thereof to the apartment dwelling unit owner, or not �. less than twenty (20) days after the mailing of such notice to him by registered or certified mail, whichever shall fi_r.q -