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Home My WebLink About2007-07-24 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JULY 24, 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 BEACI I 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 T14E MEETING, 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Father Roger Holoubek, St. Maurice Catholic Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Broward Sheriffs Office Fire Rescue Issues — Sergio Pellecer, Union President, Dania Beach Fire Department 4.2 Presentation and motion to approve the City of Dania Beach Debt Management Policy— Patricia Varney, Director of Finance 5. PROCLAMATIONS 5.1 Dania Lions Club 601h Anniversary Dania Beach City Commission Agenda—July 24, 2007 Page 2 of 6 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 June 23, 2007 Strategic Planning Session Approve Minutes of the June 26, 2007 City Commission Meeting 7.2 Travel Requests: Conference registration for Joe Van Eton, President of the Dania Beach Tourism Council, and Commissioner Anne Castro to attend the 40t" Annual Florida Governor's Conference on Tourism. (Cost $590) Resolutions 7.3 RESOLUTION 42007-137 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A ONE YEAR RENEWAL AGREEMENT ON BEHALF OF THE CITY WITH DRC EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION #2007-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF CONTRACT FOR THE PUBLIC SAFETY FACILITY 93, LOCATED AT 4601 SW 30T' AVENUE; AUTHORIZING THE AWARD OF BID TO BRADANNA, INC. IN THE AMOUNT OF $3,039,500.00; AUTHORIZING THE Dania Beach City Commission Agenda—July 24, 2007 Page 3 of 6 PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8.2 RESOLUTION #2007-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE LASER GRADE AND RE-SODDING PROJECTS AT P.J. MELI, FROST AND C.W. THOMAS PARKS; AUTHORIZING THE AWARD OF BID TO SPORTS TURF ONE, INC. IN THE AMOUNT OF $267,578.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE#2007-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS GENERALLY NORTH OF THE DANIA CUT- OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.2 RESOLUTION #2007-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY HARRY A. ROLLE, HAR PROPERTIES CORPORATION, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS" AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY GENERALLY LOCATED AT 377 PHIPPEN-WAITERS ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.3 RESOLUTION #2007-128 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH, FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH Dania Beach City Commission Agenda—July 24, 2007 Page 4 of 6 BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; FROM CHAPTER 28, "ZONING'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION #2007-129 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF PROPERTY OWNERS ROBERT AND DONNA KRILICH, FOR A SPECIAL EXCEPTION TO ALLOW HOTEL USE IN A C-2 (COMMERCIAL) ZONING DISTRICT; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION #2007-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION #2007-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND SETBACK WAIVER SUBMITTED BY MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE PROPERTY OWNER MARINA MILE PARK OF COMMERCE, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30TH AVENUE AND SOUTH OF STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton Dania Beach City Commission Agenda—July 24, 2007 Page 5 of 6 11. DISCUSSION AND POSSIBLE ACTION 11.1 Motion to establish certification of the following "not to exceed" rates to Broward County Property Appraiser's Office for Fiscal Year 07-08: a. Millage Rate—Motion to confirm operating rate b. Millage Rate—Motion to confirm debt service rate c. Motion to confirm Stormwater Rate 11.2 RESOLUTION #2007-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE "NOT TO EXCEED" ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY; FURTHER PROVIDING AN EFFECTIVE DATE. 11.3 RESOLUTION #2007-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) Commissioner Flury— 1 appointment 2 Alternate positions Dania Beach City Commission Agenda—July 24, 2007 Page 6 of 6 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Wednesday, August 1, 2007— 6:00 p.m. CRA Board Meeting Tuesday, August 14, 2007—7:00 p.m. Regular City Commission Meeting Tuesday, August 28, 2007— 7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT OFFICE OF THE MAYOR / CITY OF DANIA BEACH ffania PROCLAMATION WHEREAS, Lions Club International is a nonprofit organization that was founded in Chicago, Illinois in June 1917 by Melvin Jones, and currently has over 1.4 million members in 179 nations around the world; and WHEREAS, the Lions' emblem, in colors of purple and gold, contains the capital letter "L" to symbolize Liberty, Loyalty and Life. Their motto "WE SERVE" binds Lion Club members throughout the world, along with their slogan of"Liberty & Intelligence, Our Nation's Safety'; and WHEREAS, the Dania Lions Club was chartered in 1947 to benefit the hearing and vision impaired by young local businessmen returning from Work War II, after hearing the words of Melvin Jones and Helen Keller encouraging them to become the "Knights of the Blind'; and WHEREAS, the Dania Lions Club is involved in local, state and national projects, including their famous Bar-B-Q to raise funds for the vision and hearing impaired; and WHEREAS, the Dania Lions Club participates in the Lions International Foundation, as well as state and local charities; and WHEREAS, the Dania Lions Club supports the Florida Lions Eye Bank located in Miami, Florida where research is conducted, eye disease is studied, and eye tissue is gathered and furnished for comeal transplant; and WHEREAS, the Dania Lions Club supports the Southeastern Guide Dogs Program which provides trained Guide Dogs to many blind persons at no cost, including housing accommodations while they learn and train on how to work with their Guide Dog; and WHEREAS, the Dania Lions Club supports the Conklin Center, the Florida Lions Camp for handicapped children, Boy Scouts, Girl Scouts, American Cancer Society, Spina Bifida Association, Special Olympics, and numerous local charities and service organizations. NOW, THEREFORE, BE IT RESOLVED that I, Bob Anton, Mayor of the City of Dania Beach, Florida, do hereby recognize the Dania Lions Club on their: "Dania Lions Club 6e Anniversary" and encourage all citizens to join me in recognition of this charitable community organization. ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR 7 / MINUTES OF STRATEGIC PLANNING SESSION DANIA BEACH CITY COMMISSION SATURDAY, JUNE 23, 2007 — 9:00 A.M. 1. Call to Order Mayor Anton called the meeting to order at 9:00 a.m. Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Also Present: Colin Donnelly, Assistant City Manager Patricia Varney, Finance Director Nicki Satterfield, Assistant Finance Director Ben Rudbeck, Division Chief, Dania Beach Fire Department Laurence Leeds, Director of Community Development Kristen Jones, Director of Parks and Recreation Dominic Orlando, Director of Public Services Mary McDonald, Director of Human Resources/Risk Management 2. Discussion and possible direction by Commission to staff in order to prepare the ensuing year's budget City Manager Pato started the meeting with a PowerPoint presentation which is attached to and incorporated into these minutes. Finance Director Varney clarified that we need to cut our budget by $1.53M. Commissioners Castro and Flury noted they would not support increased fees for residents. Vice-Mayor Jones did not see a need to make hasty decisions on this year's budget. He stated he is not in favor of increasing fees. Commissioner Bertino commented we have overages and we can absorb the $1.53M. He also does not want to increase fees for the homeowners, but he is receptive to increases in other fees, such as new permit fees. Commissioner Castro recommended a workshop on Capital Projects and Capital Improvements. Mayor Anton commented we have a significant reserve fund which he would like to keep. Finance Director Varney presented a PowerPoint on Capital Projects which is attached to and incorporated into these minutes. The Commission asked for information on the use of impact fees for construction of the Public Services facility. City Attorney Ansbro responded he would research the question and have the information available at the July 24 Budget Workshop. Commissioner Flury commented on the lack of grant funds in the upcoming budget. She requested bid quotes for a retaining wall at the beach. Mayor Anton questioned the need for a third Community Center in the northwest area, when there are other areas of the City that do not have any. Commissioner Castro requested a list of fleet vehicles. Commissioner Bertino suggested using a Grant Writer to obtain grants for the City. Vice-Mayor Jones would like to see the SW Community Center materialize. Finance Director Varney presented a PowerPoint for the Finance Department which is attached to and incorporated into these minutes. She suggested placing the solid waste collection fee on the tax bill of the residents on the east side of the City, as is the process in the west side of the City. Director Varney advised that the GASB 45 liability for retiree insurance beginning in 2009 will be $1.5M. Kristen Jones, Director of Parks and Recreation, presented a PowerPoint which is attached to and incorporated into these minutes. Ben Rudbeck, Division Chief, Dania Beach Fire Department, presented a PowerPoint which is attached to and incorporated into these minutes. Donn Peterson, BSO District II Chief, noted that the reduction of BSO clerical positions would result in reduced hours of walkup and window service. He noted there are currently three vacant deputy positions in the Department. Chief Peterson recommended a Commercial Vehicle Inspection Officer to replace the Canine Officer position because the drug dog retired this year. The Commission requested a list of staffing for the Sheriffs Office, including call volume and window volume, and calls for service. Mary McDonald, Director of Human Resources and Risk Management, presented a PowerPoint which is attached to and incorporated into these minutes. Minutes of Strategic Planning Session 2 Dania Beach City Commission Saturday,June 23,2007—9:00 a.m. Colin Donnelly, Assistant City Manager, noted the Code Division has one vacant Code Officer and clerical position. He also noted that we have Saturday enforcement. The Commission discussed the issues facing the City such as three different Zoning Codes, Saturday enforcement, resident education, and automation processes. They also discussed the length of time it takes for compliance and the possibility of shortening the process. Laurence Leeds, Director of Community Development, presented a brief PowerPoint which is attached to and incorporated into these minutes. He noted that he is requesting an increase in Building Permit Fees because they have not been increased in more than 15 years. He noted that our fees are currently in the lowest percentile for cities in Broward County. The Commission clarified that the $200,000 for the Citywide Zoning Code is not to be reduced to $100,000. City Manager Palo asked for direction for the budget preparation. Mayor Anton clarified we are not cutting public safety; we are lifting the hiring freeze, provided they are imperative positions; we are going to review the need of the NW Community Center; we need an estimate for the retaining wall at the beach; we need to review the cost for the dugout; we need to make a recommendation on the surplus this year, as to whether we pay existing debt or replace money we would have borrowed in the upcoming year; we need to provide a list of Citywide fleet numbers; we need to show the actual savings of outsourcing the Beach Lifeguards; and we need to find money for the SW Community Center. Commissioner Bertino confirmed that we need an analysis of positions. Commissioner Flury asked for a plan to upgrade the Marina. 3. Discussion and update on the Public Services Complex and Infrastructure Projects Dominic Orlando, Director of Public Services, presented a list of projects that will be completed within 30 days, excluding the water tank which should be completed in 4 months. He noted the gasoline and diesel storage tanks need to be moved as part of the design of the new plant. Director Orlando noted the plan is included in the report the City Manager previously distributed to the Commission, which is attached to and incorporated into these minutes. Director Orlando presented drawings of the existing site, and explained how the site will be redeveloped. He noted that the Pilot Study currently being conducted will ensure we use the proper water filtration system. Director Orlando advised that there would be several items on the upcoming City Commission agenda for this project. Commissioner Flury pointed out that the two projects the citizens did not approve, City Hall and Public Services Compound, are moving along while the projects the citizens approved are not moving forward. Minutes of Strategic Planning Session 3 Dania Beach City Commission Saturday,June 23,2007—9:00 a.m. Director Orlando stressed the importance of moving forward with the Public Services Complex. He pointed out that we will soon start working on two of the projects suggested by the Neighborhood Improvements Advisory Board: Solar Lighting and the Sidewalk Program. Mayor Anton opened the meeting to the public. Joe Van Eton, 1501 SW 2"d Avenue, reminded the Commission that businesses need consideration as well as residents. He does not think the City is overstaffed. Mr. Van Eron commented that Economic Development funds should not be cut because we need to promote what we have. He suggested we revisit the location for the SW Community Center. Mr. Van Eton agreed that we should consult with a Grants company. Kurt Ely, 245 SW I" Avenue, commented there are still two unknowns: 1) what is the value of property, and 2) until we hear from the Department of Revenue, we will not know what the final number is to cut from the budget. He commented that we have a Commission of fair-minded good thinking people. Mr. Ely also noted that this is the best City staff that he has seen for a long time, and that we all need to work together to find the best solution. 4. S.E. Traffic Calming—Timetable and Funding Options Dominic Orlando, Director of Public Services, presented a memorandum from Kimley-Horn and Associates, dated May 15, 2007. The report showed the recommended traffic calming plan and phasing, based on the preferences selected by the community, discussions held with City staff, input from the Focus Group and direction from the City Commission. City Manager Palo indicated funding for these projects will be derived from the Three Cent Gas Tax. He advised the traffic calming concept had been divided into three focus areas: 1) Stirling Road and SE 2"d Street 2) SE 5`h Avenue Corridor 3) The southeast neighborhood (between Federal Highway, SE 51h Avenue, East Dania Beach Boulevard and Sheridan Street) City Manager Pato suggested moving forward with the above three areas simultaneously. He asked the Commission for direction to prioritize the projects. Mayor Anton would like to proceed with Phase IA (southeast neighborhood, Dania Beach Boulevard south to SE 3`d Terrace). We would then have to reevaluate the rest to determine our next move. Director Orlando noted we currently have one consultant for continuing engineering services. He would like to go out to bid to hire another consultant for the southeast section. Minutes of Strategic Planning Session 4 Dania Beach City Commission Saturday,June 23,2007—9:00 a.m. Commissioner Castro thought this decision had already been made and the remaining concern was the funding. Patricia Varney, Director of Finance, advised that we currently have $1.346M available in the Three Cent Gas Tax Fund. She further noted that once we use this money for these projects, the funds will be totally exhausted. City Manager Pato indicated his suggestion was to proceed with the SE 2nd Street and Federal Highway, SE 5`h Avenue and the portion of Winn Dixie. Mayor Anton and Commissioner Flury both concurred that we need to proceed according to the phases. Mayor Anton felt we should hold off on the 5ch Avenue Corridor. He explained he had already spoken with FP&L and they have shown an interest in doing something on the 5th Avenue area. Commissioner Bertino suggested doing everything excluding the immediate work to be done on 5ch Avenue, as recommended by Mayor Anton, while we try to negotiate with Florida Power & Light. Director Orlando commented the SE 5`h Avenue drainage study currently being conducted will definitely impact the Linear Park. Vice-Mayor Jones would like to make sure these are the traffic calming measures we want, before we spend too much money. Commissioner Castro suggested tying in the Linear Park with the SE 5`h Avenue improvements project in order to save funds. Director Orlando thought it would be better to do them separately because our stormwater timetable is still uncertain. He further noted that he has not yet received the report from Calvin Giordano & Associates, which is two years overdue. Commissioner Flury agreed with Phases IA and 113. She would also want staff to provide a project schedule/timetable in approximately one month. Commissioner Flury questioned the status of the work authorization approved by the Commission in February 2007, for the design of a roundabout at the intersection of Dixie Highway and SW 2"d Avenue. Director Orlando advised that Kimley-Horn was told by the County that they will never approve a roundabout at that site and he copied this information to City Manager Pato and Mayor Anton. He further indicated that the approved amount to be paid to Kimley-Horn was $20,000.00, but we only spent $5,000.00. Minutes of Strategic Planning Session 5 Dania Beach City Commission Saturday,June 23,2007—9:00 a.m. Mayor Anton clarified that the County would not approve a roundabout or any other type of traffic calming device at that intersection. City Attorney Ansbro explained all traffic engineering is done through the County by agreement. Commissioner Flury suggested staff obtain County approval before moving forward with projects. She further noted it would be a courtesy to notify all members of the Commission when items they approve are changed or not completed. Commissioner Flury asked City Manager Palo to find out how much the City of Hallandale Beach receives from the Gulfstream Casino. Commissioner Bertino thought we should obtain a proposal from Kimley-Horn, instead of going out to bid for a consultant. City Attorney Ansbro advised we had to go out to bid under state law. Vice-Mayor Jones thought the mobilization costs shown in Kimley-Horn's report, for the three phases,were too high. He asked staff to make sure these numbers were accurate. Mayor Anton asked for an update on the intersection of Dixie Highway and SW 2"d Avenue be presented at the June 26 Commission meeting, under Discussion Items. Director Orlando advised that bids were received for the SE 5`h Avenue/Dania Beach Boulevard Signalization. He indicated that the lowest bid was approximately $279,000 and there were not enough funds in our budget to pay for this project. Director Orlando noted that he spoke with the Florida Department of Transportation and they agreed to do the job. It was the consensus of the Commission to proceed with Phases I A & 1 B of the report submitted by Kimley-Horn. 5. Adiournment Mayor Anton adjourned the meeting at 2:05 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Strategic Planning Session 6 Dania Beach City Commission Saturday,June 23,2007—9:00 a.m. :e7 MINUTES OF REGULAR MEETING / DANIA BEACH CITY COMMISSION TUESDAY, JUNE 26, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Ronald Scott, Restoration Outreach Center, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Vice-Mayor: Albert C. Jones Commissioner Bertino motioned to approve the absence of Vice-Mayor Jones; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 4. Presentations and Special Event Approvals 4.1 Presentation of Resolution for Sophie Steele —Mayor Anton Mayor Anton presented a copy of Resolution #2007-114 to Sophie Steele's husband, Allen, and several members of the family. This Resolution declares that the Commissioners of Dania Beach will recognize June 1 of each and every year as "Sophie Steele Remembrance Day". 4.2 Special Event Request for the 4`h of July Celebration to be held on the beach just north of 300 N. Beach Road, sponsored by Beach Watch from 12:00 p.m. — 12:00 a.m. The Special Event request for the 4th of July Celebration was withdrawn by the applicant. 4.3 Special Event Request for the Dania Beach Super Boat Grand Prix, sponsored by Super Boat International Productions, Inc., to be held on July 13-15, 2007 Commissioner Flury confirmed with City Manager Pato that the parking lot at the beach will not be closed and that there will be free access to the pier. Robert Chunn, 118 Phippen Road, #3, commented that he would like Dania Beach to do what Sarasota does for the Super Boat Race. He presented some information to the City Commission from the event that took place in Sarasota last weekend. Commissioner Bertino motioned to approve the Special Event request for the Dania Beach Super Boat Grand Prix; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Addendum 4.4 Presentation of 25 Year Service Awards to Mardie Holloway and Donald Hansen Mary McDonald, Director of Human Resources and Risk Management, and Dominic Orlando, Public Services Director, recognized Mardie Holloway and Donald Hansen for their 25 years of service to the City of Dania Beach. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Kurt Ely, Chairman of the I.T. Parker Community Center Advisory Board, requested a fee waiver for Men United for Positive Action (MUPA) for Friday, July 20, 2007, from 6:00 p.m. — 11:00 p.m. He presented the City Commission with a copy of the minutes from the June 14th Board meeting where the fee waiver was approved. Commissioner Bertino motioned to approve the fee waiver for MUPA; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Kurt Ely, 245 SW I" Avenue, commented that some of the residents in the neighborhood surrounding the parks have complained that the lightning detection system goes off when not needed. He noted that when this happens, people should go inside their houses, as a safety measure. Bob Adams, 330 SE 3`d Terrace, commented on the proposed budget cuts faced by all cities in Broward County. He commented that Dania Beach did not have to cut the budget and complimented the Commission for their excellent work in keeping the taxes under control. Commissioner Flury commented the article in the newspapers was wrong because they used some erroneous data. She indicated last year we cut our taxes by five percent and we will definitely be reducing our taxes in due course. City Manager Palo noted he would contact the Sun Sentinel and The Miami Herald and provide them with the correct information. Commissioner Bertino advised the figures are based upon census figures from before the 2001 Annexation. Mayor Anton noted we have already corrected the error and certified the report. Jimmy Crimminger, 237 SW 15`h Street, noted he met with the City Manager and the new Code Enforcement team. He commented the wording on the citation he received is very positive. Mr. Crimminger had kind words to say about the publications displayed in the Atrium at City Hall. He commended the Commission for what they did to honor Sophie Steele. Teddy Bohanan, SW 15th Street, thanked the Commission, City Manager Palo, BSO Chief Peterson, and Code Enforcement for the great job they have been doing. 7. Consent Agenda Items pulled from Consent Agenda: #7.2, 47.4, #7.6, #7.13 7.1 Minutes: Approve Minutes of the June 12, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 26,2007-7:00 p.m. ORDER FOR SI1,740.00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (Continued from June 12,2007) City Attorney Ansbro read the title of Resolution #2007-105 and Resolution #2007-120. Commissioner Flury was concerned because we are moving forward with this project with the assumption that we are going to keep moving forward with this project. This project was never approved by the people, while other projects were. She was concerned we would not have any money left when we get to the Library project. Commissioner Flury commented we are in the process of creating a debt policy. She thought we should wait until the Library plan was complete, or perhaps finance this project in three phases. Commissioner Castro agreed with Commissioner Flury's analysis, but noted we may not have come up with the right numbers when we went out for the G.O. Bond. She does not know how we cannot move forward with the water system. Commissioner Castro did not understand how to phase this differently. She emphasized that water is a basic need and we need to build the infrastructure. Commissioner Castro supported moving forward with the proposed projects. Commissioner Bertino commented the Finance Director keeps telling the Commission that our debt ratio is too high. He indicated that we have to provide water, even if we need to borrow money. Dominic Orlando, Director of Public Services, advised the engineer will start the design as soon as approved. He thinks this is a critical situation, and the project could be completed in a year and a half. Commissioner Flury commented this project goes beyond water. She asked if we would consider looking at phasing the project and asked if staff could stay in the trailer for another year. Director Orlando responded it can be done, but it will cost more if we split up the project. He noted we need the garage and the storage area. Commissioner Flury thought extra cost would not be an issue. She noted we have an obligation to provide the community with a Library. Commissioner Castro indicated that Broward County has a vested interest in the Library project. She felt it was too soon to commit to financing on any of the projects. Commissioner Castro advised that Finance Director Varney stated that when money is borrowed from State Revolving Funds, it is normally done by project, so if we split up the projects, there will be more expense involved. Mayor Anton felt confident in staff dealing with the Water Plant and related projects. He noted we would hold our Budget Workshop at the end of July and by then we would have a better understanding of the financial status of the City. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino motioned to approve Resolution 42007-105; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 7.3 RESOLUTION #2007-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GYM EQUIPMENT FOR THE C.W. THOMAS PARK FITNESS ROOM IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM GYM SOURCE INC., UNDER THE SCHOOOL BOARD OF PALM BEACH COUNTY CONTRACT NO. 04C-20C; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-118 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $33,600; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of revised Resolution 92007-118. City Manager Pato commented this project was not handled well and he wanted to bring it to the Commission's attention. Colin Donnelly, Assistant City Manager, distributed an explanatory report outlining the need for additional funding. He noted that we received the grant from FRDAP which required the "Optimist Restroom" be made ADA compliant. Further changes were necessary, such as prefabricated restrooms being built, change in floor elevations and additional ADA access ramping, hence the need for more funds to be allocated to this project. Assistant City Manager Donnelly pointed out that all grant related work must be completed by July 31, 2007 to ensure reimbursement of grant funds. Commissioner Flury motioned to approve Resolution #2007-118; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 7.5 RESOLUTION #2007-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, DB/A AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $39,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE DESIGN OF THE PUBLIC SERVICES COMPOUND AND PUBLIC WORKS ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $262,060.00 FOR DESIGN SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to approve Resolution 42007-120; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 7.7 RESOLUTION 42007-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO CAPRI INDUSTRIES, INC. FOR SOLAR STREET LIGHTING; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $720,800.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-122 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PROFESSIONAL ACCESS SERVICES, INC., TO PROVIDE FOR THE CONTINUATION OF CONSULTING SERVICES TO THE CITY IN CONNECTION WITH CITY COMPLIANCE WITH THE FEDERAL LAW KNOWN AS THE "AMERICANS WITH DISABILITIES ACT' (THE "ADA") IN AN AMOUNT NOT TO EXCEED $25,000.00; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2007-112 ADOPTED JUNE 12, 2007 TO REVISE THE FUNDING SOURCE FOR PRE- DESIGN ACTIVITIES ASSOCIATED WITH THE NANOFILTRATION PROJECT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION 42007-125 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 $537,515.00 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 Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. DATE. 7.11 RESOLUTION #2007-127 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$35,000.00 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. 7.12 RESOLUTION #2007-123 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 IN AN AMOUNT NOT TO EXCEED $6,805.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2007-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO CREATE A PROGRAM TO HUMANELY" ADDRESS THE PROBLEMS CREATED BY WILD IGUANAS IN THE CITY OF DANIA BEACH AND BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-126. Commissioner Castro commended Pat Tyra for bringing this issue forward, however, she was not sure whether this would address the problem. Commissioner Castro motioned to approve Resolution #2007-126; seconded by Commissioner Bertino. Commissioner Flury clarified she would not vote for this because the County does not know how to humanely solve this problem. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner Flury No Commissioner Castro Yes Mayor Anton Yes Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items 47.2, #7.4, #7.6 and #7.13; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA"; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-013. He noted this is in response to a City of Hollywood case so that we can be pro-active and meet the requirements of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-013, on second reading; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.2 ORDINANCE #2007-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DOREEN BARTLEY, PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE `BARTLEY" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40TH AVENUE AND SW 58T" 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 `BARTLEY" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-011. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property and advised the request is to plat the property and create 9 single family lots and a private road. The Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. applicant is required to dedicate 3,528 square feet of park land, or payment in lieu of land. Due to the small size of the dedication, staff recommends the impact fee alternative. She indicated that the applicant still has to work with the City's Landscape Consultant and the Public Services Department on a few issues that need to be addressed. The Planning and Zoning Board recommended approval. Laurence Leeds, AICP, Community Development Director, advised the existing house on the property was deducted from the original request. He noted the applicant had requested land dedicated for future road right-of-way on SW 40`h Avenue be deducted from the park dedication requirement. Director Leeds pointed out that there has been no precedent of this in our Code or in practice, and recommended payment of $21, 735.00 as per the formula in the City Code. Director Leeds recommended that the City Commission revisit the Park Impact Fee Ordinance at a future date. Mayor Anton opened the Public Hearing. Maurice Gray, 3910 SW 581h Street, commented all the homes in the neighborhood are situated on over one acre of land. He questioned the acreage for the proposed nine lots, and objected to the number of lots to be added. Shirley Gray, 3910 SW 58'h Street, opposed the project. John Bartley, 201 SE 2nd Avenue, applicant, commented that he was willing to withdraw the request for the reduction in the Park Impact fees and accept the amount of$21,735.00. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro confirmed with Director Leeds that the project meets the zoning criteria. Commissioner Bertino motioned to adopt Ordinance #2007-011, on second reading; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.3 ORDINANCE #2007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from June 11,2007) Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2007-012. Corinne Lajoie, AICP, Principal City Planner, advised that Broward County is proposing the rezoning from C-2 (Commercial) to IROM (Industrial Research Office Marine) to allow the construction of a wastewater pump station which is not permitted under C-2. The Planning & Zoning Board recommended approval of the project. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or Y P g g opposition, he closed the Public Hearing. Commissioner Flury indicated she would not vote for a wastewater pump station in Dania Beach. Laurence Leeds, AICP, Community Development Director, advised this station would service the area west of Ravenswood Road, currently under the jurisdiction of the Broward County Office of Environmental Services. Robert Leonard, Project Manager, representing Broward County, noted their first preference was the site where the Broward County Fire Training Station will be built. The third site is just north of this proposed site, but it is heavily wooded. He indicated they chose this site because it is fairly clean. Mayor Anton advised he would not support the request because of the location, which is next to a good quality restaurant in the City. Mr. Leonard clarified that there would be no odor associated with the station. Mayor Anton commented that Broward County owns a lot of property that is more compatible than this. Commissioner Bertino motioned to deny Ordinance 92007-012; seconded by Commissioner Flury. Commissioner Castro suggested that Mr. Leonard contact the City Manager and look at possible sites which would accommodate both the County and Dania Beach. Commissioner Flury thought this was a good suggestion, but she was still bothered that all three possible sites were in Dania Beach. Mr. Leonard explained that the area was chosen because the existing site is not large enough to build the new operation and continue with the current facility. He also noted that it would be less costly construction and easier to operate. Mr. Leonard indicated that building the station west of I-95 would eliminate pumping in both directions, and would accommodate flows for the next 25 years. He further pointed out that the County has a policy of eliminating all septic tanks and putting them on public sewer. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.4 RESOLUTION #2007-116 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY EUGENE BUKOVI, FOR PROPERTY LOCATED AT 310 SW 4T" COURT, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW FENCE WELDING, LIGHT FABRICATION AND ASSEMBLY IN AN "IR" (INDUSTRIAL RESTRICTED) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-116. Laurence Leeds, AICP, Community Development Director, advised the applicant is requesting a special exception for fence welding, light fabrication and assembly use. He explained most of the buildings in the neighborhood are vacant or occupied with warehouse, or industrial uses. The only issue to be determined is the impact of the use on the surrounding neighborhood in terms of noise, fumes and odors. Director Leeds noted that the Planning and Zoning Board recommended approval of the request provided there is no outdoor storage or outdoor activity. There were no citizens' comments at the Planning & Zoning Board meeting. Mayor Anton opened the Public Hearing. Gene Bukovi, applicant, noted this is a family-owned business. He indicated that most of the fabrication is done inside with low noise and no odor. Faye Bartelmes, 214 SW 2"d Terrace, commented she has a lot of friends in the area that plan to expand their homes. She would like assurances that there will not be any noise from the business. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Mr. Bukovi responded for Commissioner Castro that they are open for business Monday-Friday, 8:00 a.m. - 5:00 p.m. He indicated they have been operating since they purchased the property two years ago, and have never received any complaints from the surrounding neighbors. Commissioner Bertino motioned to approve Resolution #2007-116, with the condition that the special exception remains with the current owner, that outdoor storage shall be prohibited, and work hours are limited to 8:00 a.m.-5:00 p.m., Monday-Friday and 8:00 a.m.-12:00 p.m. on Saturdays; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 26,2007-7:00 p.m. Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.5 RESOLUTION #2007-117 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, 1, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112;AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI,FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-117. Laurence Leeds, AICP, Director of Community Development, noted the original requests were approved on June 27, 2006 and contained 27 conditions. He noted that the conditions will need to be met and a new site plan submitted for approval. Director Leeds indicated the previously approved site plan does not comply with current TOD zoning. The applicant will also need to pay Park Impact fees as well as County Impact fees. Mayor Anton opened the Public Hearing. Wilson Atkinson, attorney representing the applicant, noted several people in the City did not agree with the City Commission's decision and filed an appeal in Court. Mr. Atkinson advised that his client won in court and is now willing to move forward with this project. He pointed out that his client thought this was a viable project, and requested approval for the extension requests. Patty Hart, 517 NE 2"d Place, would like somebody to make a presentation to their neighborhood. She asked the Commission to approve the project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Attorney Atkinson clarified that Mr. Fellini has always been an owner of the project, and there have been discussions with Lennar, who feels there is value to the approvals granted last year. Director Leeds responded for Commissioner Bertino that the applicant would have to provide 40 additional parking spaces as one of the 27 conditions on the approved site plan request. Commissioner Bertino motioned to continue Resolution #2007-117, subject to the same approvals; seconded by Commissioner Flury. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Castro indicated she would not support the request because there was too much local activity involved. She did not believe Lennar would follow through. Commissioner Castro was frustrated to see that we continue to extend projects and property values continue to rise. She asked if any member of the Commission had financial gain on this property. Commissioner Bertino responded in the negative. Commissioner Flury advised she has not talked to anyone and did not have any financial gain on this property. She further noted that if we do not grant this extension tonight, we are guaranteed that it will sit there for another year. Mayor Anton indicated that he would not support the request. He pointed out that he would only support it if there was an indication from the property owner that he would move forward with the project. Attorney Atkinson noted that his client has sat on his rights for the past year because some residents in Dania Beach filed a lawsuit. He is in the same position that he was in when the Commission approved the plan last year. Attorney Atkinson indicated that a meeting is scheduled with staff and the Mayor this week. He thought one year was just enough time to submit the plans, meet the conditions and obtain a building permit. City Attorney Ansbro recommended deferring this item until the July 24`h City Commission meeting when a full Commission is present. Attorney Atkinson emphasized the fact that the permits will expire in two days. Commissioner Castro noted that somebody from the dais invited the lawsuit. She recommended granting a 90-day extension to allow the applicant to come back and show the Commission that something has been done. Commissioner Bertino withdrew his motion. Commissioner Castro motioned to approve Resolution #2007-117 with a 90-day extension of the previous approvals, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 10. Commission Comments 10.1 Commissioner Bertino Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino commented he had missed the .Airport Meeting at the County and the June 121h Regular Commission Meeting because he was working for his family in North Carolina. He hoped everyone would understand that he was not on vacation. Commissioner Bertino further noted that he had asked Attorney Brenda Chalifour to speak on his behalf at the Airport meeting, but unfortunately she was arrested before she could do so. He expressed his disappointment on the outcome of that meeting and emphasized his support against the south runway expansion. Commissioner Bertino suggested inviting our Airport Special Counsel to attend the Shade Meeting scheduled for Saturday, June 30. City Attorney Ansbro explained the meeting being held on Saturday is an authorized Collective Bargaining Agreement discussion with no statutory notice required. He further clarified that this type of meeting is exempt from the Sunshine Law and therefore the public is not invited. Commissioner Bertino indicated we need to have our Special Counsel to lay down the parameters and have their advice in order to find out what our next step should be. City Attorney Ansbro clarified for Commissioner Bertino that holding a Shade meeting with an attorney would require having active litigation that has been filed and giving notice to the public so they are aware that there will be a meeting, but attendance is not permitted. Mayor Anton advised he has met with Neal McAliley on a regular basis. He suggested inviting him to a regular meeting. Commissioner Flury suggested Commissioner Bertino should set up a private meeting with our Special Counsel because everyone else has met with him. Commissioner Bertino would like our Code Compliance Unit to visit the Dania Beach Hotel again and proceed with its demolition as soon as possible. City Attorney Ansbro reported that staff has met with the owner of the property and they have a week to submit certain documentation. If this is not done, the City will make arrangements for the building to be demolished. 10.2 Commissioner Castro Commissioner Castro thought it would be beneficial to the City to join the Marine Industry Association of South Florida. She noted the membership fee was $250.00. Commissioner Castro requested an application be sent to the City Manager. It was the consensus of the Commission to direct City Manager Palo to submit the membership application for the City to become a member of the Marine Industry Association of South Florida. Commissioner Castro advised there will be a Summer Gallery Series at Grace Cafe, 49 N. Federal Highway, on Saturday, June 30, from 10:00 a.m. to 6:00 p.m. She encouraged residents to enjoy the Fine Art Barbeque. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Castro noted the Triangle Village Civic Association contacted her about the possibility of rebuilding the COPS program. She wanted BSO Chief Peterson to be aware of their desire. Commissioner Castro expressed her sincere sympathies to the family of Sophie Steele. She noted her many accomplishments which were performed without expecting a reward. Commissioner Castro commented that Sophie's death is a great loss for the City, and she will be sorely missed. 10.3 Commissioner Flury Commissioner Flury had no comments. 10.4 Vice-Mayor Jones Vice-Mayor Jones was not present at this meeting. 10.5 Mayor Anton Mayor Anton advised CNN Headline News will run comments that he and the City Manager made regarding the Ft. Lauderdale-Hollywood International Airport. Mayor Anton pointed out that the County backed out of the lawsuit with Dania Beach and the City of Hollywood. 11. Discussion and Possible Action Addendum 11.1 Status of Traffic Calming Improvements —Dixie Highway and SW 2"d Avenue Dominic Orlando, Director of Public Services, made a presentation on the three options suggested by Kimley-Horn, based on their Memo previously submitted to the Commission. He noted that Kimley-Horn met with the Broward County Traffic Engineering Division (BCTED) and they were advised that the County would not approve any of the options presented. Commissioner Castro did not like the fact that one of our consultants said the intersection would not warrant a 4-way stop at the meeting with Broward County. She also commented AMO was interested in developing the area. Commissioner Castro would like to get some part of the CPTED study completed, and recommended allocating $15,000 to install raised intersections where needed. Mayor Anton thought we needed to ask the community what they want and then come up with a decision. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Flury thought our consultants should meet with the community to review the options with them. Commissioner Castro suggested talking to AMO to find out what their plans are and if they are willing to develop this area. Mayor Anton indicated he brought this up tonight because there were very few people at the Workshop on June 23. He further pointed out that our options are limited unless we get the property dedicated from AMO. If this is not possible, we should move forward with Commissioner Castro's suggestion. John Messarian, Calvin Giordano and Associates, advised that the County approved the permits for the work to be done on Sheridan Street and SW 2°d Avenue. He noted the permits should be ready in a couple of days and they would like to advertise for Bids as soon as possible. Mayor Anton stated he would like this job completed by the end of this summer, regardless of what needs to be done. 12. Appointments There were no appointments made at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Palo asked Deputy Fire Chief Cassano and Community Development Director Leeds to provide reports. Deputy Fire Chief Cassano updated the Commission on the CERT Team. He explained that this Program is a joint venture with the City of Fort Lauderdale Fire-Rescue. Deputy Fire Chief Cassano noted that six citizens of Dania Beach are participating in the training, and it is almost complete; two others attended training at the Lauderdale Lakes Program. He indicated that once they are certified, they will be used at the Point of Distribution (POD) and to augment staff at the EOC to answer phones. Director Leeds advised they have been working with Publix on their emergency generators. One diesel generator has been constructed at the store on Dania Beach Boulevard; the second will be located at the Sheridan Street location; the final generator will be at the Griffin Road Publix. Director Leeds indicated there may be some complaints about noise when the generators are running, but it is important that stores are operational after the storm. Director Leeds noted that the generators will run continuously if power is lost. He noted that Gas Stations are also required to install generators, as required by state law. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. 13.2 City Attorney City Attorney Ansbro noted that at the December 121" City Commission meeting, the Commission approved allocating funds to hire consultants on a research basis, and to purchase the necessary software to allow us to scan Airport related documents. He noted the Auditors require a specific approval of a not to exceed sum of$75,000 in order to pay Morten Beyer & Agnew Aviation Consulting for a Noise Impact Study. Commissioner Castro motioned to approve an amount not to exceed $75,000 for Morten Beyer & Agnew to provide a study of noise impact with regard to the planned capacity expansion of the Ft. Lauderdale-Hollywood International Airport, with funding from the Airport Fund; seconded by Commissioner Bertino. The motion carried on the following 4- 0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Patricia Varney, Director of Finance, requested additional funding to pay White and Case, Special Airport Attorneys. She suggested an amount of$60,000 to be derived from the $500,000 Airport Litigation Fund. Mayor Anton indicated we did not need to set a figure, just use the money from the Airport Reserve Fund. Commissioner Flury motioned to approve $100,000 legal fees for White & Case, with funding from the Airport Fund; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes City Attorney Ansbro advised that he, as well as City Manager Pato and Finance Director Varney, attended a very helpful and informative Property Tax Seminar sponsored by the law firm of Weiss Serota. 13.3 City Clerk—Reminders Saturday, June 30, 2007— 10:00 a.m. Executive Session—Union Negotiations Thursday, July 19, 2007 — 6:00 p.m. Abatement Hearing Tuesday, July 24, 2007 — 7:00 p.m. Regular City Commission Meeting 14. Adiournment Mayor Anton adjourned the meeting at 9:43 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. - CITY OF DANIA BEACH Agenda Item # /• 3 Agenda Request Item Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: _.. . APPROVE RESOLUTION .y. , Fty TO PROVIDE BACKUP SERVICES IN CASE OF A MAJOR NATURAL OR OTHER TYPE DISASTER MiWln WE .. '' ,..yn' ?. .ti',. , is PROVIDES CITY WITH PROFESSIONAL SERVICES AS NEEDED Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ N. a -'r ¢��' E2....,.. r� t,n .:: .. SEE MEMO SERVICES ARE CHARGED ON AN AS NEEDED BASIS RESO MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Leo Williams Date 07/17/07 Department Director Date Assistant City Manager Colin Donnelly Date 07/17/07 HR Director Date Finance Director Patricia Varney Date 07/18/07 City Attorney Thomas J. Ansbro Date 07/18/07 CRY Manager Ivan Pato Date 07/18/07 Una eat.RR g�u�, a3§ ea � a� a � 1 P: '� r i r 4:h I, e ';I� t e;, :e , t 1 ti a v� a as K .��0 2. ...,�:,_. . 1 v.. ee , Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-137 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A ONE YEAR RENEWAL AGREEMENT ON BEHALF OF THE CITY WITH DRC EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES 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), 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 if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to have agreements to provide for disaster recovery services for the City; and WHEREAS, the City Manager has determined that such services, in addition to other such services already provided for by contract with Ashbritt, Inc., can best be obtained pursuant to an agreement with DRC Emergency Services LLC; under the City of Tampa Resolution No. 2006- 371, valid through April 4, 2011, a copy of which is attached to this Resolution; NOW, THEREFORE, 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 an agreement between DRC Emergency Services LLC and the City for disaster recovery services for a one year period, in connection with the current City of Tampa contract valid through April 4, 2011, a copy of which is attached and identified as Exhibit "A"; provided, however, that if DRC Emergency Services LLC contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Tampa, then DRC Emergency Services LLC shall provide such services at the lower rates to the City. 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 BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 92007-137 01/24/2006 15: 05 8132748.' CITY OF TAMPA f' CHA FA,E 01/C1 AMPh CITY OF TAMPA Pam Iorio,Mayor Contractual Services Division Purchasing Department Gregory IC- Spearman, CPPO Director of Purchasing January 24, 2006 Mr. Don Bshouth DRC, Inc. Dear Don, Your firm has an award with the Citjt of Tampa to provide pebris Management. This existing award expires on Agjl g4, 2006. Under the provisions of this award, the same prices, terms and conditions (if applicable) may tie renewed if mutually agreeable to both parties for an additional five- year period. Our records indicate that your Affirmative Action Certification cnired on 7 05. Please contact Franklin Cross at (513) 274-5543 to insure that your com fiance remains current throughout P gout the renewal period, If your firm desires to extend the award, please complete and return the following Statement of intent with required information within 10 days receipt of this letter or the award / contract will be considered non- renewable and will automatically be terminated at end of said term. If you do not wish to renew, please indicate so in the appropriate space bofow. Sincerely, Kevin Frye Senior Procurement Analyst STATEMENT OF INTENT I, Mark Stafford being authorized to contract for _GEC ER,ergencv Services , LLC do hereby express the firm's desire to extend 'he above referenced agreement upon the same: prices (with escalation, if applicable) same terms and conditions. I tun ersta that an extension of the agreement requires City Council approval. This statement represents h a rrS bi ring approval of an extension of this agreement. y: .. ti ; )ess Authorized Signature 7u 006 _ '�'ar1 Stafford Care Type of Print Name Above Titer Chief Operating Officer ( ) We do not wish to renew the alxard. The source for non-renewal is: I -- Please fax back to 813-274-8355. If you have any questions, call me 0 813-274-8833 115 E.Kennedy Blvd. • Tampa, Florida 33602 • (813) 274-8354 a FAX: (61.3) 274-8874 PJPCnlSt'WrIPYr•5;'M RESOUMON N0 200a 37 1 A RESOWTlON APPROVM AN ASSIGNMEM OF AWARD,ACCEPTANCE AND CONSENT TO ASSIGNMENT NET1"EEN TTIE CTTT OF TAMPk D*C— 14C MO ORC EMERGENCY SERYIMS. LLC., REGARDING TNC PROVISION OF OEBRIS MAt1AGEMENT SERVICES FOR USE BY PIE DEPARTMENT OF PJBUC WORKS AND THE SOLID WASTE OEMARTME tT,ApmoANG THE RENEWAL OF M AGREEMENT BETNEEN THE CITY OE TAMA AND DRC EMERGENCY SERVICES,LI.C.,A-rn"r,ING TyIE CKCCVT:ON THEREOF BY THE KA rOR: PROVIDING AN EfRCTM OATS whgjvbl3, bV ft N*W*p Mw n RCS Anpn No. 20o1•03K passed and adoPsd by dN CAy Cowxl a ttr CRY d Tap"m APR 5. 3001,the Cay warms" the bd or,and rdMed!rm w .0 DRG T c for Bre C:,,mm d Dews.MaraOtwa SeMs .and WHEREAS, DRC im,day m asm r Mt award to DRC Em&gMy 5r ,&L LLC,whch has aarecd m amme aR award mipti3r,tre aNden:and WHEREAS, the ORy deems R n be be# MraweR Of " OtA"of Rtt CRY of Tamp m poraenl m srdr oognmerk xsd MICREAS, •dd awak pfp.OeC fa rCrewa UnOer the lamt IcmF ar'd CW�dRiwR a cp+L�ned CtTin w`en munsatY a7RIseE min Pion,and dK goes hwt mu.UatY agreed m suct tmnson. NOW,TI'SUPORE, BE IT RESOLVED BY THE CM COINC6 OF THE CITY OF TAMM,MDR10At D SeC,kc u1. That the ASPO•Y%l0 LL the,a� Mdl as"0*4d Awq W nooe 7AT a part he eM,L t'"bE Oe,MC, NC Ertvya*ri SrVr1e>, app ,odd so:bw I ihaL Pwjw't to pcWk n N, M-0304, Passed and►dopted by the CRY Caund m ArA S, PVIW 2001, the CR1 of Tampa Is Tn&- V V* aAnard wUr ORC Em Wel Se•"M LLC r w aadao�vl Me•A blaa *w mnme+coV at 12:01 a.m..APR 5, 2006 xd Crv"aA 12:00 t9s0.AS"4, 2011 upon the wrC nrrrrs and porm as:v1a+Nd n OY"r w amid. Sedlon 1 That hod,for PaMwK to naY vmAax anaY IN 0 trolsd by rMAsmw and=Prgent uPw a vaiebAarylapgMPH cons d Iu"Os. elles;xd aff.Bt OMOW W Of� Tampa W sae M*Pftwe M Wu' m eaedAe,and ine OM Orr b Sedan S TTw T,proM drn d dtt oty dTbWA are AVWAM m dw Al VwV,no=wY and ProPer In ceder m arty aA and RUM effmtw I*W71W h I tHs RCldutdM,Midi yM Uke L'F=lm , pw 0 t kooP PASSED ANO ADOPTED BY THC CITY CO THE Cr OF TAAWA RO ON— fyp1AR PR CITY COUNCIL "TTf�{Rt',,wq. :-cE Yir aaLo aTY aETtY,rDEarY Em oERlc APPROVED AS TO LEGAL SUFFICIENCY or,JUsTIN R.vASKE,ASSISTANT CITY ATTORNEY 966 i C) j -- DRC Emergency Sen ices, LLC 740 Museum Dri%e• 119bile,Alabama 36608 1-888-721-4372• 1-251-343-3581 • FAX 1-251-343-5554 Letter of Agreement It is understood that has a desire to enter into a Cooperative Purchase Agreement for Debris and Disaster Management Services between DRC Emergency Services, LLC and dated . DRC Emergency Services, LLC hereby agrees to provide such services under the same price(s), terms, and conditions as the retcrenced contract. All references in the contract betrireen DRC Emergency Sen ices, LLC and _ shall be assumed to pertain to, and are binding upon DRC Emergency Services, LLC and Agreed, accepted and consented to this, the last date shown hereunder. DRC Emergency Services, LLC Robert I Isakson Date Signature Date Administrative Manager Print Name sok 4 c p, c c m p O •— a, �. fi C. -F.+ W a o v � as qg }J co O a d 8 w w o J o �+ o ` � r O 'N a /7 L h t -Fi b ❑ b CI e b A y^� 01 I' rNr s m g - VW � C C C v a [� _ W � crui 4 • m C r � R � a a , - ,,, „.�.; . a d'du:SIDi u; i" ,F«' 13.._.... .0 'G".i'Yv«wwa .. �,.. , •.. r.,u..w.u,.:ua:i.. 02/27/2006 13: 04 2519370�91 BLACKMON INSUc ^ICE PAGE 01/e2 Coll THE GRAY INSURANCE COMPANY C.ii CERTIFICATE OF INSURANCE NO 111 CERTIFICATE HOLDER NAMED INSURED City of Tampa 306 E. Jackson Street DRC, Inc., DRC Emergency Services, LLC Suite 2E 740Museum Drive Tampa, Florida 33602 Mobile, AL 36608 Att : Key 'n Frye fax 911-274 1j355 ® YES ❑ NO Do all policies contain a Waiver of Subrngation in raVOr of Ceniftexm Holder If required by written contract? ® YES ❑ NO Do all politic except the Workers' Compensation name the Cenificate Holder as Additional Insured if required by writrcn contract? M YES ❑ NO Do policies provide 30 days written nntim of cancellation m Certificate Holder? M YES ❑ NO Is coverage under all insurance tattled by Namcd H•.sured Primary Insurance if required by written contract.? 1 LIMITS OF LtAgA,Pfy IN CONFIRMATION POLICY POLICY OF COVERAGE TYPE OF INSURANCE NUNOER PERIOD THOUSANDS (000) WORKERS' COMPENSATION& XSWC-070343 03/O1/2005 WORKERS COMPENSATION Statutory FMPLOYERS LIABILITY 03/0112008 ® YES ❑ NO U. S. Longshoremen's and Harbor Workcn EMPLOYERS LIABILITY' F.ach Accident $ LOW Compensation Act Coverage ® YPq ❑ NO Outer Continental Shelf Land Act Disease-Policy Limit $ ).,000 ® YES ❑ NO Jones At.(including Transporrrdnn,Wages, Disease-Each Employee S 1.000 Maintenance,and Cure). Death on the High MARITIME P,MPLOYHRS Seas Act&General Maritime Law M YES ❑ NO Voluntary Compensation Endorsement LIABILITY 11.000 ® YES ❑ NO Other Sato Insurance ® YES ❑ NO Alternate Emplcyer/Borrowed Servant Endorsement ® YES ❑ NO 'In Rem" Endorsement M YES O NO Gulf or Mcxico Territorial Extension GENERAL LIABILITV XSGL-012995 03/01/2005 Form&Edition Dnte 150 CG 00 01. 11158 03/01200A General Aggregcte Urlimited Product.-Comp/OPS Agg, S 3,000 ® YES ❑ NO Broad Form Property Damage Lltblllty Personal&Advcrtiaing Injury $ 1,000 including X, C. U Each Occurrence $ 1,000 [S Y_r-S ❑ NO Products/Completed Operations Fire Damage S 50 3 yEg ❑ NO Contractual Liability (Any one fins) 2 YES ❑ NO Sudden and Accidental Pollucon Uaoiliry Mcdicr.l Fxpcnvc 5 5 N 1'ES ❑ NO Occuaccce Form 'Any rant persnnl ! FX YF,S ❑ NO Personal Injury ® YES ❑ NO "In Rem" Endorsement ® YES Q NO Cross Liability M YES ❑ NO Watercraft exclusion has been modified by the veasela endorsement on scheduled equipment 02/27/2006 13: 04 2519370S91 BLACKMON INSUP^ CE PAGE 02/02 Co' C CONFIRMATION POLICY POLICY LIMITS OF LIABILITY IN OF COVERAGE TYPE OF INSURANCE NUMBER PERIOD THOUSANDS (000) AUTOMOBILE LIABILITY XSAL-072793 03/0112005 03/01/2008 ® YES ❑ NO Any Auto Bodily Injury 8e Property $ 1.00D M YES ❑ NO All Owned Autas Damage Combined 0 YES ❑ NO Scheduled Autos ® YES ❑ NO Hircd Autos ® YES ❑ NO Non-Owned Auto, EXCESS LIABILITY GXS-041825 03/01/2005 ® YES ❑ NO Excess Form 03/01/2006 F,ch Occurrence S 4,000 Aggregate 14.00D JOB OR PROJECT DESCRIPTION SPECIAL CONDITIONS BUSINESS AUTO COVFRAOE INCLUDES PHYS(CAI.DAMAGE,$250 DED„ P/P$500 DED., ALL OTHER VFHICLES: SPEC=- -D PERMS,$25 DED. Should the Insurance herein described be cancelled, assigned or changed in such a manner as to affect this certlficare, THE.GRAY INSURANCE COMioANY will endeaver to give thirty ( 30 )days %omen notice to the certificare holder, but railum to do so shell impoxe no oblig,tion or li,blllry upon THE GRAY INSURANCE COMPANY, --Z�Lex THE GRAY INITSUTLkNCE ONIPANY 36D1 N. 1-10 Scmicc Road Wcrt, Mcwirie, LA 70002 DATE: 2 -27-06 FORM NO, 135 REV. 1/01 1111110, Isr 1 FM FmW. rJ , a;;O1—C 3Scf AGREEMENT THIS AGREEMENT made and entered Into at Tampa, Florida, this Zday of i 2D01, A.D. by and between the CITY OF TAMPA, a municipal corporation organized and existing under the Laws of the State of Florida, hereinafter referred to as "City", whose address is the Municipal Office Building being at 306 E. Jackson Street, 2E, Tampa, FL 33602 and DRC, Inc., hereinafter referred to as "Contractor", whose address is 740 Museum Drive, Mobile, Alabama 36608. In consideration of the mutual stipulations, agreements, and covenants herein contained, the parties hereto have agreed and hereby agree with each other or their executors, administrators, heirs or successors, and assigns, as follows: FIRST: Contractor shall at its own cost and expense furnish the services described below and all material, equipment, tools, and labor of every description necessary for and to carry out in good, firm, substantial and workmanlike manner the following work as specified in the Contract Documents consisting of this Agreement and: (X) Addendum (X) Bidders Affirmation &General Conditions (X) Insurance Requirements (X) Specifications (X) Proposal #71060500, Debris Management (X) Bid Security SECOND: Upon the faithful performance of this Contract work by Contractor, City shall pay Contractor for work performed and labor furnished at the prices set forth in Contractor's executed Proposal. THIRD: Contractor shall abide by, comply with, duly perform, and be bound by each and every one of the terms, provisions, renditions, and agreements contained in the Contract Documents. FOURTH: Contractor shall not transfer or assign this Contract without the previous written approval of City; and, during the progress of the work, Contractor shall comply with applicable Federal and State laws, and County and City ordinances and will hold the City harmless from any and all liabilities, damages, or costs arising out of any claim sustained by reason of default or neglect of Contractor. FIFTH: Contractor shall commence the work and shall faithfully prosecute said work to Its full completion within the number of days set forth in the Proposal. SIXTH: City shall have the right to determine all questions as to the performance, completion, and other matters set out in the Contract Documents. loft 1 I i i. IN Wi!! WHEREOF, the parties have hereunto set their hands and seals, and s of th as e 6rporations have caused these presents to be signed by their duly authorized officers. i CITY F T i ATTEST BY / Dick A. Greco, Mayor • �''ImAKl'�.CF'9F C C41�K qq APPROVED A5 TOnF�RR1 1'DFFIri ' � FCE( V Samuel S. Harr on DRC, INC. ASSISTANT CITY ORNE BY William S. Vogel BY ATTEST: Type or Print TTTLE: Vice President (Pres., V-Pres., PartPer, Owner) rE-TA��RY� CorporationPartnership(SEAL) SEC Individual ( ) Robert J. Isakson Incorporated in the State of Managing Director / Secretary South Carolina If business is individually owned, you must sign before two (2) witnesses: WITNESS: WITNESS: If doing business under a fictitious name, you must submit a copy of your Certificate of Registration and a copy of the Legal Notice which appeared in a newspaper. 1 OF 2 �PUfTASING/SSH/IS/SS RESOLUTION NO. 201- A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMPA AND DRC, INC. FOR THE PROVISION OF DEBRIS MANAGEMENT FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Agreement between the City of Tampa and DRC, Inc., a copy of which is attached hereto and made a part hereof is hereby approved. The Agreement shall be for a five-year period from the effective date of the awarding or approving Resolution, and may, by mutual agreement, be renewed at the same terms and conditions for one additional five-year period. Section 2. That the Mayor of the City of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official Seal of the City to, said Agreement on behalf of the City. Section 3. That other proper officers of the City of Tampa are hereby authorized to do all things necessary and proper in order to carry out the terms and conditions of this Resolution which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CM1, ORIDA, ON APR 0 5 2M1 CHAIRMAN, CITY COUNCIL AT-fFST' CI7Y rLERK APPROVED AS TO FORM: c'/ 'UEL S. HA LTON ' -ASSi. TANT C I TTORNEY 1 666 PROPOSAL FOR DISASTER RECOVERY crR=71C S (#7106WO) c OaE rJF cERi�C g r�F _ FRRTS it-UNAGEN' EN3 It is the in ent cf t is Proposal for the CONTRACTOR to remove as quickly as possibl e all hazards to life and property resulting from the Event in the City of Tampa- Clean — dem_'_ition and removal will be ask order (notice-to-proceed) s fpecific and limited to eligible debris. Eligible debris shall be defined by the CITY as (1)that which is determined to eliminate immediate threats to life,public health, and safety; (2)that which has been determined to eliminate immediate threats of significant damage to improved public or private property, and; (3)that which is considered essential to ensure economic recovery of the affected community to the benefit of the community-at-large. Specifically the Scope of Services will include the items listed in Attachment i and priced in Attachment 2, 3 and 4 of this Agreement under the corresponding headings. SCOPE OF SERVICES TWO—TECffiYICAL DISASTER RECOVERY ASSISTANCE It is the intent of this Proposal for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the CITY. This service shall include Program and project Management Assistance. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 of this Proposal under the corresponding headings. SERVICES AND FACIMT3ES .It is understood that, except as otherwise specifically stated in this Proposal and Attachments to this proposal,the CONTRACTOR shall provide and pay for all labor,tools, equipment, transportation, supervision, and all other services and facilities of arty nature whatsoever necessary to execute, complete and deliver the services within the time specified in the Notice- To-Proceed as agreed upon by both parties. All notices-to-proceed involving a time-and- materials portion of the Proposal shall have a not-to-exceed amount placed within them as agreed upon by both parties. PERMITS AND LICENSES Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be secured and paid for by the CONTRACTOR writh the assistance of the CITY,unless otherwise stated in this Proposal. The CONTRACTOR shall not be held responsible to secure per-,..its and/or licenses which Cie requirements for same have or Aill be waived due to a declaration of an eurergcncy or disaster. `_- VISION BY CONTRACTOR Under the gzneral oversight of the CITY,the CONTRACTOR will supervise and direct all work, I workers and equipment. The CONTRACTOR is solely responsible for the means, methods, Page 3 techniques, sequences, safety program and procedures utilized. The CONTRACTOR will e^ploy and maintain on the work site a qualified supervisor(s)who shall have full authority to act on behalf of the CONTRACTOR and all communi=: ns given to the supervisor in writing by the CTiY's Authorizzed Representative shall be as binding as if given to the CONTRACTOR The name(s) of the supervisor(s)will be supplied to the CITY for each issuance of a Notice-To- Proceed through an attachment to the Agreement resulting from this Proposal in the form of a Memorandum for the Record. CHANGES IN SERVICES The CITY may at any time, as the need arises, order changes within the scope of services without invalidating this Proposal_ All services related to disaster recovery shall be deemed as germane to the intent of the Proposal. The CITY and the CONTRACTOR shall authorize all changes affecting the project's costs or modifications of the terms or conditions of the Agreement resulting from this Proposal by means of an official written Contract Change Order that is mutually agreed upon and signed by both parties. All changes must be recorded on a written Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. TERINI OF AGREEMENT The term of the Agreement resulting from this Proposal shall be for five consecutive years beginning on the date of acceptance by and signatures of the CITY and CONTRACTOR, whichever comes later. RENEWAL OF AGREENEE The Agreement resulting from this Proposal shall be renewable after the initial term on an additional term equal to the first unless either party gives written notice of termination 90 days prior to the end of the initial term Any negotiated changes to the terms and specifications contained in the Agreement resulting from this Proposal shall become part of the Agreement after a concurrence and signature of both parties. Attachment 2, 3 and 4 (and any other price schedules subsequently attached)to this Proposal shall be reviewed on an annual basis at which time amended unit costs shall be submitted by CONTRACTOR to CITY to reflect the current costs attached plus an increase in costs equal to the current Consumer Price Index(CPI) plus two and one-half percent [C =Current Price; CPI= Consumer Price Index; I=Increase in price (i.e.: C x CPI x 2.5%=I; C+ I=New Price). TE'<'1 ii:�TT0:1 Either party upon 365 days written notice to the other patty may terminate the Ag:�_ment r-salting from this Proposal. Should either party have reasonable grounds to believe that the other party has materially breached the terms of the Ag.eeme rt reslzlti.-ig firom.this Proposal, the non-breaching party may deliver written notice to the other party itemizin, with specificity, i Page 4 1 each alleged breach. Should the said party fail to begin to srbstantially repair said breach v6thm t- '10)days of said written notice,the non-breaching party may declare the contract terminated. L`1SL- t-s CE A,iD BONDS . CONTRACTOR shall name the CITY as additional insured on CONTR.ACTOR's insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation— Statutory Limits of the State f Flo single occurrence; General Liability—One Million Dollars(S I'oo0, ) any 000 000.00) Additional Liability Umbrella—Five Ivbllion Dollars ($5, CONTRACTOR shall provide the CITY a Certificate of Insurance evidencing such coverage. At the CITY's option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices-To-Proceed. The cost of said bond premium will not be an additional cost to the CITY. CERTIFICATES OF LVSURANCE Required insurance shall be documented daficajes of advance of cancellation non-re gal ce,which provide that the CITY shall be notified at least thirty( ) Y adverse change.New renewals. Recertificates of eipt of Certificates osurance are to be provided other documentation ntation oinsurance(or) days prior to pies ocoverageof its resentatives,which indicate less policies or copies of policies by the CITY or by any reP coverage than is required,does not constitute a waiver of CONTRACTOR's obligation to fulfill .the insurance requirements herein. WARRANTY OF Ti LE AND WAIVER OF LIEN The CONTRACTOR shall not at any time suffer or permit any lien attachment, any person OF any n other encumbrance under the laws of the State of Florida r otherwise or to become due for any ns whomsoever to remain on file with the CITY against work done or materials furnished under this Proposal or by any reason or claim or demand against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Proposal. SLrBCE3`;"I I2ACTi�C rrdssionsforits The CONTRACTOR shall be fully respoesible to CITY fy br they ots them, as the CONI R r`CTOR is subcontractors and of persons directly or indirectly err. to ed for the acts and omissions of persons employed by it. I pn�c 51 i The CON TRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the services and give the COiv'TRACTOR the same powers regarding terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this Proposal. Nothing contained in this Proposal shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon activation of the Agreement resulting from this Proposal and updated by the CONTRACTOR to the CITY on a biweekly basis during said activation. The CONTRACTOR shall not use a subcontractor or material supplier whom the CITY has a reasonable objection to, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY. CITY OBLIGATIONS The CITY shall furnish all information and documents necessary for the commencement of services,to include valid written Notices to Proceed. The CITY shall also provide field inspectors of a sufficient quantity, as defined by CONTRACTOR,to facilitate qualitative and quantitative documentation of the services. A representative will be des;onated by the CITY to be the Primary Point of Contact for any interpretations and/or negotiations related to this Proposal or resulting Agreement and for answering any on-site questions after activation of the Agreement via a Notice-To-Proceed- This person shall be the Director of the Department of Public Works. ARB�N The parties hereto agree that all disputes, claims or controversies of any land or nature arising between the parties or arising from or relating to this contract or the relationships which result from this contract, including but not limited to, all controversies relating to the existences, construction, performance, enforcement or breach of the contract,or tort claims shall be fully and finally resolved by binding arbitration. Without limitation, the arbitration provision shall apply to any third party whose liability is contingent on the liability of any party including but not limited to,bonding companies. It being the intent of the parties that this provision shall apply to all controversies to the fullest extent The parties specifically waive any ights to commence any action other than arbitration. Any party desiring to initiate arbitration r shall do so by making A -.nen der^-nd tberefore en the other. Said demand shall con'ain a statement setting forth the nature of the dispute,the remedy sought and shall designate the name of the arbitrator. The responding party shall file a response within fifteen (15) days setting forth any counterclaim and naming an arbitrator. The two designated arbitrators shah choose a third arbitrator. In all other respects,the parties ^d arbitrators shall be guided by the ales and procedures of the Construction Rules of the American Arbitration Association- Any reward pag-5 rendered by the arbitrators maybe entered many court having jurisdiction thereof. The arbitration shall take place in Hillsborough County, Florida and the laws of the State of Florida apply. Furthermore,in all events, no party shall be liable for indirect, special, consequential or punitive damages. EN' IRF AGREENTE`tT The Agreement resulting from this Proposal and Attachments referred to therein, contain the entire Agreement of the parties,and there are no other binding promises or conditions in any other Agreement whether oral or written. Page 7 ' , 1 PROPOSAL FOR DISASTER RECOVERY SEYV7CIS Attachment 1 The following is a listing of services and/or tasks to be proNided by CONTRACTOR to CITY upon receipt by CONTRACTOR of a Notice to Proceed and/or a scope speck task order. SCOPES OF SERVICE DEBRIS RE1410VAL Emergency Road Clearance The CONTRACTOR shall accomplish the cutting,tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. This operational aspect of the scope of services shall be for the first 70(plus or minus)hours after an Event. Once this task is accomplished, or is sufficiently underway,the following tasks may begin as required. De bris Removal from Public Rigbts-of-Way As identified by and directed by the CTTY,the CONTRACTOR eshall ris accomplish the, pick-up and hauling of all eligible debris to the designated��mp°� debris Staging an to appropriate Sites(TDSRS's)from public rights-of--way, use standards, safety standards,and regulatory requirements. Demolition of Structures, Debris Removal from Private Property (Right-of Entry Program) and Publicly Owned Property(other than Rights-of-WRY) Should an imminent ly threat to life aatyeferenced above the CO generalNTRACTOR as ublic be present ent private ea by property or publicly owned property will accomplish the demolition of structures and the removal and and directed by the CITY, relocation of the debris to the public rights-of--way. This ser v ce shall commence upon receipt by CONTRACTOR from the CITY the completed right of entry forms,hold harmless agreements, the non-duplication of benefits agreements,an address specific task lac all d the physical collected marking of each structure by the CITY. The CONTRACTOR will p (Debris through this process in the public rights-of--way,where the above scope of services (D Removal from Public Rights-of Way) shall commence. The CITY feels that it is in the best interest of the health and safety of its citizens to provide this service. The CONTRACTOR shall maintain debris work sites to appropriate use standards safety standards, and regulatory requirements. Hazardous Stumps (Removal,Hack ill,Raul) As identified and directed by the CTTY, the COZv'TRACTOR Shia remove all hazardous stumps, as identified by the CITY, and haul each stump to a TDSRS. Each stump shall be inspected by the CfTY and CONTRACTOR inspectors and documented as to the appropriate category of size for invoicing(see Attachment 2 for size categories and prices). The CONTRACTOR shall back- fill each stump hole with compatible material as determined by the CITY and CONTRACTOR- Leaning Trees/Hanging Limbs (Trimming, cutting,felling) As directed by the CITY, the CONTRACTOR shall trim, cut and/or fell all leaning trees and/or hanging limbs, as identified by the CTTY. Each tree and limb shall then be placed in the sight T- way where the debris resulting from this scope of services shall be removed utilizing p- of services above. Pricing for this scope of services is located in Atmcchment 3 to this Agreement. Temporary Debris Staging and Redaction Sites(TDSRS) The CONTRACTOR will operate and manage the TDSRS's to accept and process all event debris. Any site preparation,to include but not limited to any site work and materials necessary to build and maintain roads for ingress or egress, or any roads through out the site;the construction of a roofed inspection tower sufficient for a minimum of three(3) inspectors;any environmental requirements to include but not`limited to wind-born debris control fencing, silt fencing, or water retention berms;the construction of an area fora shall be n office trailer of atedu rki pon� and any other items necessary for site operations and management issuance of notice-to-proceed by the CITY. The inspection of every load, in and out, is fiuther defined in the documentation section below. All debris will be processed in accordance with all local, state and federal rules, standards, and regulations.Processing may include,but is not be limited to,reduction by tub grinding incineration when approved,or oether a been vegetatie methods ve debris,reduction such and demolition rior to reduction all debris will be segregated debris (C&D), recyclable debris,white goods and hazardous wastes. All reduced debris as well IT as non-reducible debris will be disposed of at a location(s) agreed edd to by both parunder this A�eh eC shall maintain ownership of and act as responsible party TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federal, State and Local laws, standards and regulations; Site reclamation shall be accomplished in accordance with the rCti TRACTOR'S Debris llanagzt ent Plan .:nd Enidrglnrenkd Prorectiotr Plat. The TDSRS will be restored to its Pre-Use Condition. Associated costs for site reclamation shall be neeotiated and agreed upon by both parties. I Fs_g>_9 I Disaster Event Generated Hazardous Wastes Abatement CONTRACTOR shall abate all_h;;ardous waste identified by the CITY in accordance with all applicable Federal, State and Local laws, standards and regulations to include but not limited to 29 CFR 1910.120,40 CFR 311 and 49 CFR 100-'-99;Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Mawgement Plan and cos for this Service included in this agreement as Attachment Environmental Protection Plcm. Pr 4. Sand�a The CONTRACTOR shall screen all sand,as directed by the CITY,to remove all eligible debris deposited by an Event This task includes the pick-up of debris laden sand,hauling debris laden sand to the processing screen located on the beach,processing the debris laden sand through the screen and retooling clean sand to the approximate original location on the beach as directed by the CITY. Debris removed from sand will be picked-up,hauled and processed utilizing the scope of services located above for Debris Removal from Public Rights-of-Way. Documentation and Inspections All storm debris shall be suacceptedststapndards to insurecompliance with the contract and or any Public Authority in accordance with generally accepted applicable local, state and Federal laws. The CONTRACTOR will,at all times,provide the CITY access to all work sites and disposal areas. In addition, authorized representatives and ork and agents of any participating Federal or state agency shall be permitted to Inspect Personnel to .materials. The CONTRACTOR and the CITY will have in place at the TDSRS's, verify the contents and cubic yards of the vehicles entering the TD and verificatios.Recordsthe v vehicle maintained of every vehicle entering the TDSRS,its cubic yardage TRACTOR and the v will I the TDSRS to ensure that it is in fact empty. monitor the material to determine that it in fact consists of eligible debris. The CONTRACTOR ntents,location, and the CITY will have in place at the pick upsite, Sprior t use the CONnnel to verify the TRACTOR d the date and time of the vehicles departing Crry will establish and record the certified cubic yard capacity and will inspect each bawl truck. The CONTRACTOR will include and provide disposal tickets, field inspection reports, other data sufficient to provide substantiation for Federal (FEMA ) and Stan reimbursement, applicable. The CONTRACOei will assist the Crl'y in mbursement through the preparation training of CITY employees he State reports for any potential re-,jew of documentation prior to submittal. The CONTRACTOR v^11 work closely with the Florida Di-vision of Emergency Management, FEMA and otber applicable State and Federal Agencies to insure that eligible debris co➢ection and lata docas cnting same appropriately addresses concerns of the likely reimbursement agencies. priority of Fork Areas The CITY will establish the priority of and shall approve shwork eeklY hed led advance, tugs whi which the CONTRACTOR will be allowed to work- Daily to determine approved work areas. The CONTRACTOR shall remove all eligible debris and leave the site from which the eligible debris was removed in a clean and neat condition with the understanding that there will be certain debris that is not picked up by equipment,machinery and general laborers used by the CONTRACTOR_ Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the CITY. WorJours All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only. Hauling of eligible debris to the TDSRS,s will be allowed during visible daylight hours only between dawn and dusk The CONTRACTOR may work during these hours seven(7) days per week including holidays. It is understood d betweeseven n t)he parties Y per at the TDSRS's, debris reduction may take place t smafe CONTRACTOR shall be responsible Nvt-ek if the CONTRACTOR deems it necessary and for obtaining sites to stage equipment, such as trucks,while not in use. Debris Disposal The CONTRACTOR shall dispose of all debris,reduced debris ash residue an °tanapoc products of the debris management process in accordance with all-applicable Federal, State laws,standards and regulations. Final disposal locations shall be at the discretion of the of final CONTRACTOR with prior acceptance of the the f Information regarding disposal shall be attached to this Agreement in the form of a Mem fortshall h taindisposal CONTRACTOR and CTTy inspector assigned to the disposal process records and documentation. Documentation shall be quantified in Cubic Yards. White Goods The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code.The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. ray white goods that may contain Freon,such as refrigerators, freezers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. The costs associated with Freon removal are located in Attachment 41of cast of Agreement. There is no additional payment made for handling of white work is included in the cubic yard unit price for debris removal ,fE:2HN-IC?- DISASTER RECQVERY ASSISTANCE ITEM I: PROGRAM 1VIANAGE gENT ASSISTANCE SEE NOTE(1) 1. PUBLIC ASSISTANCE PROGRAM a) Da ,- Survey Report(DSR)eorrsProu� Cect ITY n yM i) Official DSR/PW re Personnel in the following: cN a) Identification of expenditures eligible for reimbursement b) Submission of official`request for DSR inspection" ll) Local government representation on DSR/PW team—Train and assist CITY personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW far accurate scope of work c) Review of DSR/PW for accurate unit costs iir) Recovery process documentation—Assist CITY personnel in the following: a) Creation of recovery process docmnentabon Plan b) Mavrtenance of documentation of recovery Process iv) Force account labor vs- contract labor a) Recommendations to government,officials on need to contract or utilize force account labor `) Recovery Process governmentoversig officials on need to contact.for project a) on t to Recommenndatidation management for projects requiring intense oversight b) DSR/PW iracldng through State and Federal process c) Written and oral status reports to government officials b) pocrumentation Slnrport i) Review of records system for applicabil ty to Federal and State requirements ii) Orientation and training of Departmen 'Division Heads on requirements for quality and quantity of requ and documentation iu) Assist in selection of"Clerk of Records"and provide detailed t3inmg for documentation iv) Review docamentatiem for accuracy and quantity v) Assist in preparation of claim documentation c) Consultation and negotiation services i) Recommendations to government officials on plans of action ii) Provide guidance to government officials on issues involving Federal and State reimbursement ll) Assist CITY officials in negotiations with Federal and State official d) ()ther rMresentations as tray be reouested/ NOTE(!): 7,ris is the concept afcomplete recovery management V CTOR prpport arlor nere cl cannot aOru°n ould assist on etnplicant on alt aspects of toe racevery pry ;r>iFs 1 ut es of the CITY officials; therefo the re:here services shall be in t:e form 0,�gzjjdancc and c�rstt(tr;tiorc. Page 12 NT ASSISTANCE M ITEM II: PROJECT i LAIVAGE'rIE.SEEN07E(2) I Define and/or review project scope of work 2_ Assist government body in writing"request fur proposals" 3. Reviewproposals/bids 4_ Provide recommendations for award of contract 5. Define and/or review contract items 6. Ensure quality work dung.,inspections and management technique a) Oversee project for compliance with scope of work with a of work and b) Desist methods to maintain docsaentation to verify consisteacY oP FEMA eligibility c) Support the requests for payment to ensure compliance with contract terms d) Develop progress reports for government officialse) Verify completion of scope of work task items for contract closeout f) Produce final inspection report for use in closeout audit for reimbursement by FMAA 7. Examples of projects a) Debris removal and disposal b) Demolition and disposal of public and/or private property c) Construction of emergency protective measures ) Berms ri) Dikes iu) Levees iv) Dams d) Force account labor and/or contract projects e) Reeonstructioo and/or repair of i) Airports and facilities n) Water,waste water and industrial waste treahnent plants Hospitals,schools and office buildings . iv) Power Plants v) aghway and railway tunnels vi) pumping stations vu) Incinerators and/or composters facilities vm) Waterfront and/or marine terminal hanoars and comparable structures ix) Industrial buildings,warehouses,garages x) Highway and railway bridges xi) Roads and sheets xii) Conventional levees,flood walls and retaining walls xiii) Small dams .riv) Storm sewers and drains x,) Sanitary sewers wh) Water distribution Imes w) Irrigation works NOTE(?= This Is the concept of complete project rn nragement support where C-RC,irrc. would lar project w h sr,arhr oa oprmcargt the in slervr�ecro ts include management offorce DRcoumt labor contract and ot the for py t- _ p contractor. I Page 13 PROPOSAL FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing of costs for technical services and/or tasks to be provided by CONTRACTOR to CITY upon issuance to the CONTRACTOR of a Notice to Proceed. Costs ent an hourly rate for personnel and/or equipment denoted by an hourly dollar amount repres services. Costs denoted by a unit price denote the cost per Cubic Yard or cost per Ton to provide the appropriate services of debris removal. Costs/pricing located in the Attachments of this Agreement may be reviewed on an annual basis, at which time, amended unit costs may be submitted by CONTRACTOR to CITY to reflect the current disaster recovery market value of Services listed in Attachment 1 and priced in Attachment 2, 3 and 4 of this Agreement. Such amendments shall become part of this Agreement after a concurrence and signature of both parties. CONTRACTOR LNVOICING The CONTRACTOR may invoice the CITY not more than once every fifteen(15)Days. Fifteen(15) days after beginning work and/or providing services described in allotice to Proceed,the CONTRACTOR shall submit the first payment request to the CITY. The payment request shall be filled out and signed by the CONTRACTOR co a e work ata as the performed CTIF may during the period covered by the payment request and supported y h reasonably require. The CITY shall,within five(5)working days ofreceiving such payment request,finalize review of documentation and make any requests to CONTRACTOR for clarification of disputed items CITY shall make payment to CONTRACTOR within thirty (30) days of receipt of such payment request of all dollars invoiced that are dispuutpu as sttatrsuat edabove. CONTRACTOR will be subject to audit by Federal, state and local agencies Contract. The invoice must contain the following items as applicable to individual task orders: COSTS FOR SCOPES OF SERVICES Measurement and Payment for Gathering,Pick-up, and Hauling to'IDSRS;Processing of Debris from Public Rights-of--Way;Hauling of Debris from TDSRS to F'mal Disposal Site The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris.The CONTRACTOR and CITY will inspect each load to verify the contents are in accordance with the accepted definition of eligible debris. If any load is determined to contain mate ial that does not conform to the definition of eligible debris, the load will be ordered to be depo;iced at another landfill or receiving facility and no payment will be allowed for that load, -ind the CONTRACTOR will not invoice the CITY for such loads.For each suitable load]:inked p, hauled, processed, a record of the cubic yards will be recorded by the CONTRACTOR and CITY on numbered tickets supplied by the CONTRACTOR Copies of each load record will be available to the CONTRACTOR and the CITY's designee on site.Each invoice s'.tall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by P-�eP :i day,the individual verified load receipt and invoice amounts. The CITY may temporarily remove any disputed amount line items in the bill from the invoice for review. Disposal tickets disputed will be returned to the CONTRACTOR within five (5)working days of invoice date, for additional clarification prior to payment of those tickets. The CONTRACTOR shall receive. Tbisteen Dollars and 251100 (S13.25)per cubic yard, up to a fifteen(15) mile one-way haul; Fifteen Dollars and 00/100 ($15.00)per cubic yard. for a fifteen to thirty(15 - 30)mile one-way haul; Sixteen Dollars and 95/100($16.95)per cubic yard, for a thirty to forty-five (30 45) mile one-way haul;Nmteen Dollars and 75/100 ($19.75)per cubic yard,for a forty-five to sixty (45 - 60)mile one-way haul, for the material from public rights-of-way that is gathered,picked up, hauled to a TDSRS by the CONTRACTOR CONTRACTOR said RS CONTRACTORe Eight Dollars 25/100($8.25) per cubic yard for the processing o f all debris at shall receive: Eight Dollars and 75/100 ($8.75) per cubic yard for each load hauled up to a fifteen (15)mile one-way haul;Ten Dollars and 95/100 ($10.95)per cubic yard,for a fifteen to thirty (15 -30)mile one-way haul;Twelve Dollars and 201100 ($12.20)per cubic yard, for a thirty to forty-five (30 -45)mile one-way haul;Fourteen Dollars and 35/100($14.35)per cubic yard, for a forty-five to sixty(45-60) mile one-way haul; from the TDSRS to the final disposal site as designated by the CITY. Disposal costs (Tipping Fees) shall be the responsibility of the CITY. Measurement and Payment for Emergency Road Clearance. Demolition of Structures Debris Removal from Private Property flBaht-of Entry Prousml Limbs and Publicly Owned pro rty other than Rr hts-of--Wa and Cutting,Trimming and/or Felling of I aping Trees 1 HanlHins Limbs Measurement of these services utilizing other than an hourly rate is difficult at best and would potentially lend itself to unnecessary disputes. Therefore,the CITY and the CONTRACTOR agree that the CONTRACTOR shall invoice the CITY utilizing the hourly rates listed in .Attachment 3 to this Agreement. A not-to-exceed amount shall be placed upon any specific work performed at an hourly rate at time of issuance of a Notice-to-Pruceed by the CITY to the CONTRACTOR as agreed upon by both parties. The CITY and the CONTRACTOR shall have inspectors in the field with each work crew to monitor,record,and sign time sheets for the actual times worked for each piece of equipment and new-member present at a particular work site. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY. Hazardous Stumps (Removal Back-fill Haul to TDSRS) The removal and hauling of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires a unique documentation and costing. Each stump will be measured by the CITY and CONTRACTOR inspector assigned, three (3) feet above normal 2-ound level,to determine the 3i,rrueter of the to A, Orce'he diaureter;s established, the stump .Sll be physically numbered by the best means available, photo doc•.lmented by the CITY and recorded by the inspectors on a specific record provided by the CONTRACTOR- The CONTRACTOR shall invoice the C117Y for hazardous stump removal and hauling to t' e TDSRS utilizing the following categories: Page 15 Up to but less 6 inch diameter- S 250.00 per stump$, 500 00 r stump 6 inch diameter and up,but less than 12 inches - $1 000.00 per stump 12 inch diameter and up,but less than 24 inches - p 24 inch diameter and up,but less than 48 inches- $1,500.00 per stump Equal to or greater than 48 inch diameter- $2,000.00 per st>.mp The CONTRACTOR shall invoice the CITY, an amount to be negotiated at time of need, per cubic yard for acquiring,hauling and placing clean back-fill material in holes left by hazardous stumps_ Saud S creenine The CONTRACTOR shall invoice the CITY Nine Dollars and 75/100(S9.75) per cubic yard of sand screened,to remove eligible debris deposited byy�Event. This cost beach, includes the a f debris laden sand,hauling to the processing screen through the screen and returning clean sand to the beach as direded by the CITY. Debris removed from sand will be picked-up,hauled and processed ul1i7,ing the costs located above for Debris Removal from Public P,operty. TEC$NICAL DISASTER RECOVERY ASSISTANCE TTEr1I I: PROGRAM MANAGEMENT ASSISTANCE All costs associated with this service during disaster activations are included in the costs listed above. There will be no additional cost for this service. ITEM IL PROJECT MANAGEiiME NT ASSISTANCE DRC,Inc. w-M provide Project Management Assistance as defined in scope and enumerated within Attachment 1 of this Agreement at the following costs: Job Title Unit Rate _ Vice President[Project Director/Princi al Hourl $1$150.00 0.00 Senior Project Manager Hourl $9 0. 0 Project Man er 75.00 Field Co Hourl $ Coordinator Hour] $ 5.00 Field Ins ector Hours $55.00 Pro ect Administrator Teleconferencing shall be invoiced at a minimum one(1) hour a^.d sccsequ'�m hours. ,Is-Needed-On-Sight-Consultation shall be billed at a minimum 4 hours for a single meaty-four (24)hour trip to the CITY. pagc 16 Temperary-Fuld-Time-On-Sight-Consultation requiring an overnight stay,where DRC personnel are unavailable for deployment to other DRC clients,will be billed at a rate of a minimum of eight(8)hours per day. Should the CITY determine that Saturday's or Sunday's be considered a el day off and the following will bill for on Monday is --of-pocket costs(see bork-day",DRC elow). 1Should the CTTYl not be billed at�e hourly rate for that day, that Saturday and Sunday are both a"day-off'and the following Monday is —work- determine as day",then DRC shall invoice for personnel at four(4) hours total for botb days, p person, stand-by time over these days. All Out-of-pocket costs shall be invoiced to the CITY at actual cost. Out-of-pocket costs include,but are not limited to: lodging,ren vehicle,r ,a>�e,Per-diem and/or actual subsistence dependent upon person,normal office supplies Page 17 i ADDENDUM TO DEBRIS MANAGEMENT AGREEMENT I, MINIMUM LEVEL OF SERVICE. The Contractor shall provide the City of Tampa multiple estimated minimum level of service commitments at the time of a"Declared Emergency"by the City. These multiple commitments shall include,but shall not be limited to,mobilization schedules,estimated number of calendar days for completion and resource designations. The multiple commitments shall also be commensurate with the required minimum level of service for varying degrees of severity of the event. The determination as to which minimum level of service commitment is implemented shall be the responsibility of the City. This shall be based on the actual severity and impact of the event. Z, PERFORMANCE REMEDY NOTIFICATION. Failure of the Contractor to meet the minimum level of service commitments,once debris management services commence,shall result in the issuance of a Performance Remedy Notification from the City to the Contractor. Once this date and time stamped notification is issued,the Contractor shall have a twenty-four(24)hour period in which to respond(in writing)and take corrective action. Failure to do so may result in the assessment of liquidated damages against the Contractor or its Surety. 3. LIQUIDATED DAMAGES. It is mutually agreed between the parties that time is of the essence in this Contract. It is also mutually agreed that there will be,on the part of the City,considerable monetary damage in the event the Contractor should fail to meet the minimum level of service commitment agreed upon. The amounts hereby established of liquidated damages for each and every calendar day following the twenty-four(24)hour response period that corrective action is not taken f following a Performance Remedy Notification from the City to the Contractor are as follows: EVENT CATEGORY LIQUIDATED DAMAGES PER DAY Category 1 $5,000.00 Category 2 $7,500.00 Category 3 $10,000.00 Category 4 $25,000.00 Category 5 $50,000.00 These amounts shall in no event be considered a penalty or otherwise than as the liquidated and adjusted damages to the City. The Contractor and/or his Surety agree that the stated sum per day for each such calendar day shall be deducted and retained out of the moneys that may become due hereunder, if not so deductible,the Contractor and/or his Surety shall be liable therefor. 4, RETAINAGE FEE. The City shall withhold a retainage fee in the amount of ten percent(10%) of the value of the work completed as certified until fifty percent(50%)of the estimated amount of the project is completed. When the dollar value, as determined by the City,of satisfactorily completed work is greater than fifty percent(50%)of the estimated contract price,vouchers for partial payment will be issued by the City to the Contractor in the amount of 100 percent(100%o) of the value of the work,above fifty percent(50%),completed as certified for that payment period. 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UUU -BUJ UUUUUUUUU -j Z � c ddd0d0ddddddddd0 � `o w w w Q w ¢ w w w w w w w w w (_ ��y m E � otoo "rm tod c r c0 °� : v m �° N dam' C�7 N `r M u64 U U W O vsc9 �ie» � � �s �rv> y� y� e» v> v� Q h O M IO o 4 J Er D A{OU (1 a z w � z 0 � o VJ a U J J c w w LU m cn U Q W C J J V) d W ❑ 'D =) T n' F- LU c w Y W (n c- w w Z < cl: - � n' O > } (n -j a >0 w w w a 00 � � cs } (Arom ti 0- IL » W -i nd 1i 0 ° o � t > OODN a U LL wQoo c oo cCD 0nwZZZZZaZ2 it U o Q � TXXC7Q00cl00N z C[ io U Q N N M J J p J J a U 2 J Z CJ Q J J J LU w0 _ - - U � � m o ,nOQdwd a: m p �A 12 co p a rn p w � Y lL Cc - ,PU R-CHASING/SSH/IS/SS RESOLUTION NO. 20Di- A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMPA AND DRC, INC. FOR THE PROVISION OF DEBRIS MANAGEMENT FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA,FLORIDA: Section 1. That the Agreement between the City of Tampa and DRC, Inc., a copy of which is attached hereto and made a part hereof is hereby approved. The Agreement shall be for a five-year period from the effective date of the awarding or approving Resolution, and may, by mutual agreement, be renewed at the same terms and conditions for one additional five-year period. Section 2. That the Mayor of the City of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official Seal of the City to, said Agreement on behalf of the City. Section 3. That other proper officers of the City of Tampa are hereby authorized to do all things necessary and proper in order to carry out the terms and conditions of this Resolution which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY LORIDA, DN APR 0 51 CHAIRMAN, CITY COUNCIL ATTEST' CITY LERK r,�y'I•V'/ APPROVED AS TO FORM: i 1 i I(JEL S. HA LTOf ASSISTANT CI I ATTORNEY I 668 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Measurement and Payment for Emergency Road Clearance, Demolition of Structures, Debris Removal from Private Property (Right-of Entry Program) and Publicly Owned Property (other than Rights-of-w2y) Hourly rates to be applied to services as referenced in Attachment 2 of this Agreement. Equipment Description Unit Unit Price 30 Ton or larger Crane Hour $170.00 50' Bucket Truck Hour $140.00 Track-Hoes—John Deere 690 or equivalent Hour $120.00 Wheel-Loader 644 or equivalent Hour $120.00 D-6 Dozers or equivalent Hour $120.00 John Deere 544 or equivalent Hour $110.00 Equipment Transports Hour $90.00 Service Truck Hour $65.00 Bobcat Loader Hour — $60.00 Tractors with box blade Hour $35.00 5 Cubic Yard Dunp Truck Hour I S35.00 (The above rates include operators.) Personnel Description Unit I Unit Price Climber with gear Hour $95.00 Superintendent with Truck Icur $55.00 HE_ Foreman with Truck Hour S55.00 Operator w2th Chainsa,.v Hour Survey personnel with vehicle hour Sc 1.03 Traffic Control Personnel 1 Hour $31.00 Inspector with vehicle Hour S 1.00 Lobo*ers Hour S26.00 1 � ti DRC,Inc Teshr.icnl Yn'p:,ia Pale i 1 PERSONNEL PROJECT CLASSIFICATION Per Hour OT PROJECT COORDINATOR $136.501 $204.75 FIELD HAZ MATERIAL MANAGER $89.05 $133.58 HM CONTAIN AREA MANAGER $89.05 $133,58 FIELD PROJECT SUPERVISOR $78.65 -$117.98 HM CONTAIN AREA SUPERVISOR $78,651 $117.98 FIELD PROJECT FOREMAN $72.931 $109.40 HM CONTAINMENT AREA FOREMAN $72.93 $109.40 FIELD HMTECHNICIAN $68.25 $102.38 HM CONTAIN AREA TECHNICIAN $68.25 $102.38 HEALTH & SAFETY SPECIALIST $78.65 $117.98 PROJECT ENGINEER $78.65 $117.98 PROJECT GEOLOGIST $78.65 $117.98 CHEMIST $78.65 $117.98 REGULATORY MANAGER $89.05 $133.58 EQUIPMENT OPERATOR $60.06 590.09 ,ASBESTOS ABATEMENT SUPERVISOR _ _$54.60 $81 .90 ASBESTOS ABATEMENT WOR'.KER T- $49.40 $74.10 ASBESTOS INSPECTOR _ j _ $55.00 $97.50 TRUCK DRIVER $62.921 $94.38 ADMINISTRATIVE ASSISTANT 1 $41 .60 1 $62.40 CLERICAL $31.85 S47.78 VEHICLESITRANSPORTATION DESCRIPTION __ COST UNIT PICKUP TRUCK $101.25 DAY" 'PICKUP TRUCK EXTENDED CAB $1 14.75 D� IPICKUP TRUCK 4 X 4 $114.75 DAY PICKUP TRUCK 1 TON $155.25 DF.Y BOX TRUCK $162.00 DAY j !PASSENGER CAR $87.751 Dr,Y :20' RESPONSE T�,ILER _ $4�5 C0 C,, 3a RESPONSE TRAILER $405.001 C�.Y S27g00� T, _ LA ,EL) "JEHICLE USE- PICKUPS, VANS, CP.RS S0.461 1'-E ,VEHICLE USE- TRAILERS, HEAVY TRUCKS S0.65; P,111_E �12' VVORK BOAT WIMOTOR ! i15525 C.AY 112 WORK BOAT MU MOTOR $87.75 GAY V,a000M TRUCK 3500 GALLON $1 ,620.00I G,.Y DRC, Inc. Technical Proposal Page 72 PERSONAL PROTECTIVE EQUIPMENT (PPE1 DESCRIPTION COST UNIT rl :: YEE FULLY ENCAPSULATED CBA BOTTLE, GLOVES AND $455.00 DAY NOT INCLUDE SUIT, GLOVE, OREMENT)EL B EMPLOYEE PROTECTIVE COVERALL,A OR AIRLINE RESPIRATOR, GLOVES, BOOTS, g227.50 DAY AND HARD HATS (DOES NOT INCLUDE COVERALL OR GLOVE REPLACE.) LEVEL C EMPLOYEE PROTECTIVE COVERALL, HALF OR FULL FACE RESPIRATOR, CARTRIDGES, GLOVES, BOOTS, AND HARD HATS (DOES NOT ;j$22.10 110.50 DAY INCLUDE COVERALL, CARTRIDGE, OR GLOVE REPLACEMENT) SCBA BOTTLES REFILL- AFTER THE FIRST EACH INCLUDED IN LEVEL A & B CHARGE ABOVE CASCADE AIR SYSTEM PER EMPLOYEE $97,50 DAY AIR FILTRATION PANAL $188.50 DAY AIRLINE RESPIRATOR EACH INCLUDES 150 FEET $83.20 DAY OF AIRLINE RESPIRATOR AIRLINE 50' SECTION $16.90 EACH RESPIRATOR CARTRIDGES $32.50 PAIR LEVEL A SUIT- KAPPLER RESPONDER OR EQUAL ' $812.50', EACH LEVEL B SUIT KAPPLER PES°ONDER OR EQUAL 1 $500.501 EACH j fl VEK $6.50�, EA��H FYVEK ELD $10.40 EACH SARANE $19.501 EACH j ACID SUIT $117.0 01 EACH RAIN SUIT $39.00j EACH NEOPRENE_ GLOVES $15.60I PAIR NITRILE GLOVES I $1 B.20i PA R I SILVERSHIELD GLOVES $33.80i PAR PVC GLOVES _I $1D.40 P 'R J G C0T70N OR LATEX GLOVES $2.6 1 EATHER 'vVORt< GLO:ES "G -0OT COVERS �1HEARING PROTECTIDN HIGH HAZARD PERSONNEL DECO NTAMINr T ION j 5422.5 DAY LOW HAZARD PERSONNEL DtCON TION j 5227.SOI CAY I PORTABLE EYEWASH STATION $45,50 CAY FIRST AID STATION $26.001 DAY DRC, I'�c. Te:�hr. cal Proposal Page 73 PERSONNEL RETRIEVAL SYSTEM $370.501 DAY (PERSONNEL RETRIEVAL HARNESS $80.601 DAY MONITOR[NGISAMPLING EQUIPMENT DESCRIPTION COST UNIT COMBUSTIBLE GAS INDICATOR $34.50 DAY TOXIC GA5 DETECTOR $78.00 - ' DAY I TOIONIZATION DETECTOR $130.00 DAY CAT KIT $585.00 DAY ECTOR TUBES $65.00 TEN PACK APER $13.00 PACK L CLASSIFIER $6.50 STRIP SONNEL AIR SAMPLING PUMP $52.00 DAY ASBESTOS BULK SAMPLE $32.50 EACH HAND AUGER STAINLESS STEEL $45.50 DAY HEAVY EQUIPMENT DESCRIPTION COST UNIT MECHANIZED BROOM $E8.50 HOUR BACKHOE (35.00/HOUR AFTER 8 HOURS) $552.50 DAY BACKHOE EXTENDAHOE (40.00/HOUR AFTER 8 $617.50 DAY HOURS) TRACKHOE 490 OR EQUIVALENT (80.00/HOUR $1,092.00I DAY AFTER 8 HRS) BULLDOZER D4 CP. EQUIVALENT 70.00iHOUR AFTER 8 HRS. ( $975.00 DAY �12 TON LOWBOY (15.00/HOUR AFTER 8 HCURS) $110.501 DAY 50 TON LOWBOY (30.00/HOUR AFTER 8 HOURS) _ $416.00 DAY SKID STEER (BOBCAT) (35.00:HOUR AFTER 8 $344.50 DAY HOURS) IDUMPTRUCK $123.50 HOUR J RECOVERY EQUIPMENT DESCRIPTIDN I COST I UNIT HAND O?EFATED TRAhSFE< PIJ%1P $3;.b0 GPY " '4 Pl,jnA.-I niic7 - 2" DIAPHRAGM PUMP _-- --- -- 5175.5C —Dr,Y 12- DiAPHRAGM PUMP S. S. L_ $247.00 D,4Y Y DIAPHRAGM PUIIiP $227.50 DAY 1" SUCTION OR DISCHARGE HOSE $58.50 DAY 2" SUCTION OR DISCHARGE HOSE $78.00 DAY 1 3" SUCTION OR DISCHARGE- HOSE _�_ $123,501 DAY" DRC, Inc. Technical Pro.posal Fage i4 71 2" CHEMICAL SUCTIO 5227.50 DA.Y N OR DISCHARGE HOSE -487.50 DAY CHEMICAL SUCTION OR DISCHARGE HOSE $78.00 DAY SMALL COMPRESSOR $156.00 DAY 185 CFM COMPRESSOR $26.00 DAY AIRHOSE SECTON MISCELLANEOUS EQUIPMENT COST UNIT DESCRIPTION $78 00 DAY PORTABLE LIGHT STAND $91.00 DAY 4000-5000 WATT GENERATOR $10.40 DAY ELECTRICAL CORD SECTION (50') $6.50 DAY SPIKE BAR $97.50 DAY AIRLESS SPRAYER $84 50 DAy PRESSURE WASHER $19 50 EACH WATER HOSE SECTION (GARDEN) $45.50i, DAY CUTTING TORCH $84.50 DAY WIRE WELDER $32.50 DAY AIR BLOWER $78.00' DAY HEPA VAC _ $1 g.501 DAY BARREL CART $10.40 DAY WHEELBARROW $19 50 DP.Y OIL DRY SPREADER LAGS, $110.50 DAY TRAFFIC CONTROL VESTS, CONESS, F BARRELS, ETC. $73 40 DAY DRILL WITH BITS $52.00' DAY GROUNDING CABLE AND ROD _ $24 ool DAY CIRCULRR SAW _ HAND TOOLS PER EIh1PLOYEE SI 0'✓EI_S, $3 g ��,Y (SCOOPS, BROOMS, RAKES, HOES, ETC. iTOOL KIT HAJh1=RS, PLIERS, SCREWDRIVERS, ETC ED WRENCH, $71.50� C �iAVRENCH KIT BUNG WRENCH, SPEP,Y I PIPE WRENCH, SOCKETS, CF,A,NNELLOCKS Sli 5.50i CA1' STEP LADDERS 532.501, EXTENSION LADDERS aHOTOGRAFHIC EOJ'Pt1:ENT_ ---�� . �, FLASHLIG ITS — 51r4,F- =Y HAND�=LC [DECONTAt,1'NAI ION CHARGE =0R ALL ''��EH,G�ES 0 cf need. AND EG�UIPI,IENT 1 — I DRC, Inc. Technical PrOPOSFI Pa;e 15 i MATE RIALSIDISPOSABLES DESCRIPTION COST UNIT 5" X 10' ABSORBENT BOOM- PETROLEUM $52.40 EACH 8" X 10' ABSORBENT BOOM- PETROLEUM $109.20 EACH 3" X 12' ABSORBENT BOOM- UNIVERSAL $39.001 EACH ABSORBENT PADS BUNDLE- PETROLEUM $114.40 EACH ABSORBENT PADS BUNDLE- UNIVERSAL $156.00 EACH ABSORBENT CLAY BAG $12.35 EACH OIL DRY $7.80 EACH PEAT MOSS $13.00 EACH VERMICULITE $20.80 EACH SODA ASH BAG $11.70 EACH 4 MIL 20 X 100 POLYETHYLENE $52.00 EACH 6 MIL 20 X 100 POLYETHYLENE $71.50 ROLL 6 MIL BAGS $1.30 EACH DUCT TAPE $8.45 ROLL 55-GALLON DRUMS $58.50 EACH 55-GALLON DRUM LINERS 10 MIL $45.50 EACH FIBER DRUMS _ $36.40 EACH 30-GALLON OVERPACK $123.50 EACH 195-GALLON POLY OVERPACK $2E6.09 EACH DOT HAZARDOUS WASTE LABELS $2.60 EACH FIRE EXTINGUISHER $52.00 EACH CAUTION/HAZARD TAPE $39.00 EACH RESPIRATOR WIPES $2.60 EACH iKAPPLER TAPE G59.50 ROL FREON RECOVERY DESCRIPTION COST UNIT :Refrigerators/FreeZers/Wlridow Air Conditioning Unit Each S170.00 Industrial Air Conditioning Unit Quoted at time I of need i > RC, Inc. Tec'nnica4 Prop:,sal P2ce , C AMENDMENT TO AGREEMENT (DRC File # DRC-01-C-110) This amendment to agreement is made and entered into this 15 t h day of March 2006, between the County of Monroe (hereinafter "GOVERNMENT") and DRC, Inc. (hereinafter "CONTRACTOR"), WHEREAS, the parties entered into a non-exclusive contract effective April 1, 2002, to retain a provider of disaster response services; and WHEREAS, the agreement allows for the addition of other disaster response and recovery activities as necessary as requested by GOVERNMENT; and NVEEREAS, the agreement dated April 1, 2002, has been previously amended on September 17, 2003, and November 16, 2005; and WHEREAS, changes to the agreement regarding removal of hazardous fluids from white goods were understood by key staff of the parties to have occurred at the beginning of October 2005, but the documentation thereof was not in process at that time; now therefore In consideration of the mutual covenants contained herein the parties agree to amend the-agreement-as follows: - - - - -- - - - -- - 1. Exhibit B-Fee Schedule is amended to include: The cost for hazardous waste recovery associated with removal of fluids from white goods is $170 per unit. 2. The effective date of this amendment shall be October 1, 2005. 3. The remaining provisions of the contract effective .April 1, 2002, as previously amended and not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DAP,N)-L- K01-1 AGE, CLERK BOARD OF COL_NT1 CUINIMISSIONER OF %1OV-ROE COUNTF, FLORIDA Deputy Clerk Mayor,Chairman VONROE COUNTY ATTORNEY 0 APP OVED P x -� `✓auZ,AN lE A. HUTTON ':�� Att C. INC B y: rpor"e Secretary _ NAME. ./ d Witnesses: p_ l. A. �1e Title: /y1,9+�at„ ,rn,7C�r' 2. t BOARD OF COUNTY MMISSIONPnc Mayor Chas So rle nny"CO McCoy, District 3 lO U N TY o M ON ROE �' Mayor Pro Tem Murray . Neisc Y n, District c KEY WEST Dixie M. Spehar, District 1 F oaona3o4o Neu gent,(305)294-4641 George 9 gent, District 2 David P. Rice, District 4 Monroe County Engineering Division 1100 Simonton Street, Room 2-216 Key West, Florida 33040 (305) 295-4329 (305) 295.4321 (fax) March 20, 2006 bis. April Calloway DRC, Inc. 740 Museum Drive Mobile, AL 36608 RE: Amendment to Contract with Monroe County DRC File#DRC-01-C-110 )ear Ms. Calloway: Enclosed are four copies of an amendment to the Agreement for Disaster Services with Monroe Count}'. Please have the copies executed and retumed to me for signature by the County. If you have any questions, please feel free to contact me at 305-295-4329. Sincerely, �) Judith R. Steele, P.E. Mar-29-2006 10:3 5 From-MONROE COUNTY ENGINERING +3052954321 T-R5 P 002/003 F-112 BOARD OF COUNTY COMMISSIONERS -- Mayor Charles"Sonny"McCoy, District 3 Mayor Pro Tem Murray E. Nelson, District 5 OUNTY jo '�MONROE Dixie M. Spehar, District I KFY V/CsrLOP10A 33040 George Neugent, District 2 r (305)294.4641 Davit P. Rice, Distri;t 4 1 I�� TASK ORDER NO: 2005-04-G March 29, 2005 AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref: Contract for 'R o Disaster Response and Recovery Services between DRC, Inc., and Monroe Count Y Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is tasked to proceed with the disposal of h0L(sehold hazardous waste; 1. Used oil will be disposed of at EMC Oil, 8470 NW 68" St, Miami, FL 33166 at $0.325 cents per gallon, which includes transportation. 2. Used propane tanks will be removed by Amerigus, 1718 N. Roosevelt Blvd, Key West at $10.00 per tank. 3. Used batteries will be shipped by Battery Solutions, Inc., 7266 Kensington Road, Brighton, Michigan 48116 to Exide, 3350 Executive Way, Miramar, FL 33025 for recycling. Batteries will be transported and recycled at $0.04 per pound. 4. Mixed paint, adhesives, tars, compounds and pesticides will be disposed of at EO Florida. L ,-., 7=J: East o -sYenue, 1 ampa, PL 33619 at the following prices: Mixed paint, bulk (38 x 55 gallons) at $130 /drum Paint in cans (8 x 55 gallons) at $150/drum Mixed paint, bulk (2 x 55 gallons) ai $60idmm Paint/Tar mix (2 x 85 gallon) at $250/drum Paint/Tar mix (1 x 55 gallon) at $225/drum Tars (3 x 55 gallons) at $225/drum Adhesives (4 x 55 gallons) at $225/drum Pesticides, lab pack (2 x 30 gallons) at $135/drum Misc. compounds (3 x 55 gallons) at $250/drum Mar-29-2006 1016 From-MONROE COUNTY ENGINERING +305295021 T-925 P CC3/003 F-112 Page 2 TASK ORDER NO: 2005-04-G Material will be transported to the EQ facility by Cahaba Disaster Recovery at no charge to the County. All material will be transported in accordance with state and federal regulations. All disposaUrecycling and/or processing facilities will be properly permitted to accept material. The contractor will provide required shipping and disposal documentation to comply with state and federal regulations. The Contractor will pay shipping and disposal costs and then will invoice the County for reimbursement of those fees." Please acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sign this Notice to Proceed and Task Order Approved for Monroe County: Approv or DRC, I Signature: Signature- Title: Title:Date: Date:_ allwM OL*/ MONROE COUNTY ATTORNEY APPRO I»AJ�d',� UZANt E A. TON C ! A JEY Data Mqr-29 2006 1C 35 From-MIONROE COUNTY ENGINERING +3052954321 7-925 P 001/003 F-112 Monroe County '1114' gineering Services 1100 Simonton Street a Room 2-216 I{ey West, FL 33040 Tel 305-292-4426 Fax 305-295-4321 Facsimile 'Transmission To: lll 11l� From- Fax: Pages: ncludi c vcc Tel: Date: Re: y - /y! � > cc: ❑ Urgmt ❑ For Review ❑ Please Coimneat ❑ Please Reply Remarks: 2 ® � Mar-29-2006 1C:28 From-WNROE COUNTY ENG',NERING +3052954321 T-924 P.001 F-111 �m Monroe County Engineering Services m 1100 Simonton Street a��q Room 2-216 Key Nest, FL 33040 Tel 305.292-4426 Fax 305-295-4321 Facsimile Transmission To: n n A,, 4lb Smc_ From: DRC Fax: �-= i� ,/ Pages: _ ^ / (inc)uding Covcr) Tel r3S 9J� � ` S S 5� Date: 3 ,e��/� Re: 4e 1 y--�d)1/h.L cc: ❑ Urgent ❑ For Review ❑ /Please Comment ❑ Please Reply Mar-29-2006 10:Z0 From-MONROE COUNTY ENGINERING +3052654321 T-F24 P 002 F-II1 BOARD OF COUNTY COMMI5S70NFR5 Mayor Dixie K Spehar, District 1 Mayor Pro Tem Charles"Sonny"McCoy, District 3 OUNTY o MONROE George Neugent, District 2 KEY WEST FICRICA 33040 David P. Rice, District I (305)294,4541 Murray E. Nelson, District 5 Monroe Coturty Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory ' '� TASK OIWER NO: 2005.04 1100 Simonton Street, Room 2-205 Key West,Florida 33040 (305) 292.4441 - Plnone (305) 292-4544 - Fax I'ta October 75,2005 �'✓J �I�G� ; I, rh h cl%A >' rows Robert J. Isakson �+ rLr�iQLt hCC Managing Director // 1 j nc/uci5 DRC, Inc. S! �`, r/` 5° 740 Museum Drive hay -s. ,/.-r Mobile, AL 36608 Fr t o1 (e c,ov h � rayri wd , k- s().ds - Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida Dear Mr. Isakson: This serves as your Notice to Proceed and Task Order(s) with debris management services within Monroe County as a result of Hurricane Wilma, and as directed by Monroe County in accordance with the terms of the contract executed with DRC. Inc„ dated April 1, 2002, as amended. As you know, this has been deemed an emergency situation and will be processed in terms of emergency procedures, DRC, Inc. shall perform the following tasks to assist the County in responding to the aftermath of Hurricane Wilma, 1 •The Contractor is tasked to proceed with the loading, hauling, and transport of debris from public rights-of-way, streets and roads within the unincorporated areas of Monroe County. Key Colony Beach and other County operated properties/facilities, as directed, to the identified Temporary Debris Staging/Reduction (TDSR) Sites. a, •The Contractor is tasked to proceed with reduction and site management at die following identified TDSR Sites: 1). Bergin Property located at mile marker 25, and 2) the Quay Property located at mile marker 102 and 3) the Toppino Property located at Rockland Key, or a designated third reduction site. 3, •The Contractor is tusked to proceed with hazardous waste recovery associated with Freon recovery from white goods collected as par[ of debris removal operations. • The County reserves the right to task the Contractor with final disposal services by issuance of an amended Notice-to-Proceed/Task Order during project progression. •The County will compensate the Contractor in accordance with Article 3 of the above referenced contract. Mar-29-2009 10:29 From-MONROE COUNTY ENGINERING i3052954321 T-924 P 003/012 F-'I1 October 25, 2005 R. Isakson Page 2 Please acknowledge concurrence with the above by DRC, Inc. by having the appropriate person sign this Notice to Proceed and Task Order. Appr e?o"Monroe Cou ty: / A proved r DRC,/1h Si tnr : 7 (� lC /1 C Sn � Si ature: I i I J Date: /C� r Dat4 APPROVED AS TO LEGAL FORM: MONROE COUNTYATTORNEY APPROVED AS TO FORM: SUSAN M. G SLEY ASSISTANT COUNTY ATTORNEY Nor-29-2006 10:29 From-WNROE COUNTY ENGINERING +3052954321 T-924 P-004/012 F-111 BOARD OF COUNTY COMMISSIONERS t�l - Mayor Olxle M.Spehar, Dlstria t Mayor Po Tern Charles"Sonny"McCoy, District OUNTY S(Q) �MONROE George Neugent, District 2 KEY wFSTLOROA 3304D David P. Rice, District 4 (305)294.4641 Murray E. Nelson, District S TASK ORDER NO:2005-04-A 1 . November 4, 2005 �a1 AMENDMFNf TO NOTICE TO PROCEED AND TASK ORDER S' rk /7 v Ref: Contract for Disaster Response and Recovery Semces between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005,is agreed upon as requested: • "The Contractor is tasked to proceed with clearing disaster related debris from public rights-of —way, streets and roads" • "The Contractor is tasked to proceed with screening sand and seaweed mixture at Higgs Beach.Screened seaweed will be hauled to the identified Temporary Debris Staging/Reduction Site. Screening will be performed at$8.72/cy of material screened" "The Contractor is tasked to proceed with the hauling out of the reduced veeetative. drhric rn \ rile Okkelama Landfill located in Belle Glade, Florida at $16.80/cy. There will be no upping fee charged for disposal of the vegetative materisl at the Okkelanta site, The construction and demolition debris as well as the seaweed will be hauled to the Waste Management site in Homestead, Florida at $16.80/cy with a tipping fee of $11.40/cy. The Contractor will pa} Waste Management for tipping fees and then will invoice the County for reimbursement of those fees." D 1 c ,U l �. c s Gv<rzi C/lA�rlf 75 oz) 4D E Mar-29-2006 10122 From-MONROE COUNTY ENGINERING +30E2954321 T-924 P 005/012 F-Ill Task Order No. 2005-04-A November 4, 2005 Page Z Please acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sign this Notice to Proceed and Task Order Approved for Monroe County: Approved for DRC, Inc, Signature: IC/lam Signatures" 7 Title ) .L Ca{a lZ �t7Lc �L Title: �'Ca \i I' f .' C '' u �/ � n ,s.. Date: U Date: ,� `'� ri � APPROVED AS TO LEGAL FORM: vlO 4Z OU ATTOR A�P&.pVE:t1 AS 70 F ZANN A. N ON ASSISTANT co UI Y�/�,T�pjREY Mar-2B-2006 10:30 From-MONROE COUNTY EKINERING +305Z954321 T-9Z4 P 006/012 F-111 BOARD OF COUNTY COMMISSIONERS — -J r7--T Mayor Charles"Sonny"McCoy, District 3 +f� l' Mayor Pro Tem Murray E.NelSon, Distr,ct 5 OUNTY AQ �NROE Dixie M. Spehar, District I wesT DA ayoap George Neugent, District 1 Wosl zva-aai David P, Rice, District 9 1 TASK ORDER NO; 2005-04-13 December 16, 2005 ��lC AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is tasked to proceed with clearing disaster related debris from private property as designated by Monroe County and moving it to the closest public right of way, "Clearing" may include tree trimming, tree removal, and/or a tree-off program (removing leaning or fallen trees on structures). Debris moved to the public right of way will be collected and hauled away as part of debris removal activities from public right of way aurhorized by previous task Orders. The cost associated with clearing, cutting, trimming and felling will be invoiced at the hourly rates listed in the Agreement for Disaster Response and Recovery Services (#DRC-01-C-110), Please acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sign this Notice to Proceed and Task Order Approved for Monroe County: Approved for DRC, ln�'1 Signature; Signature:_ T'tle � 0 �r� �h ni , ti/� — Date: APPR0`,1FJ Sff00 AS TJ M: SUZAWL-L e A. TTON ��„I.T NTY 0 NEY mar-29-20o0 10:30 From-MONROE COUNTY ENGINERING +1052954321 T-924 P.007/012 F-III BOARD OF COUNTY COMMISSION at Mayor Dixie M. Spehar, DiSnct 1 Mayor Pro Tern Charles"Sonny"McCoy, Distric NTY o nNROE George Neugent, Dlstrlct2 Cc2w,,T FLDRIDA 33040 David P, Rice, District 4 (305)294-4e41 l Murray 5. Nelson, District 5 i TASK ORDER NO: 2005-04•C 11,i hrG- � �� 1�e, e i December 20, 2005 ri nc d ✓1 C 5,d AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref; Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is tasked to proceed with the hauling out of the construction and demoliri on, debris as well as the seaweed. Construction and demolition debris and seaweed will be hauled to the Waste Management site (Central Sanitary Landfill and Recycling Center) in Pompano, Florida at $16.80/cy with a tipping fee of $11.40/cy. The Contractor will pay Waste Management for tipping fees and then will invoice the County for reimbursement of those fees." Please acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sign this Notice to Proceed and Task Order Approved for Monroe County: Approved for DRC,Ac. Signar(re(�� 'l�' �'IIG��. Signatur,.:� Title Date: %\) - ll Date: I �, AS T vlL)Nl`iCE COUNTY ATTORNEY O (l�'!rs'ECA, Fl � UZANNE . HUTTON a8VAITANT r_')NTyA7ORNEY Mer29-Z008 10:30 Fron-WNROE COUNTY ENGINERING t3052954321 T-9Z4 P.008/012 F-111 t T� BOARD OF COUNTY COMMISSIONERS Mayor Charles"Sonny"McCoy, District 3 —T Mayor Pro Tern Murray E. Nelson, District 5 AUNTY s0noA33040 NROE Dixie M.Spehar, District I WEST George Neugent, District 2 t3osr x7�ie,i David P- Rice, District 4 4DtTASK ORDER NO, 20005-04-D WJ /lllcc jlaw,/ aj or /h0�C / J January 10, 2006 FJngv Y/Spew.Ae AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is tasked to proceed with the hauling out of the reduced vegetative debris to the following four locations: 1. 14470 SW 205 s Ave.,Miami,FL 33187 2. 14150 SW 208`°Ave., Miami, FL 33196 3. SW 209th Ave./ 152" Ave., Homestead, FL 4. 22305 SW 142"Ave., Miami, FL Reduced vegetative debris will be hauled to these facilities (currently vacant land to be used as a tree farm) at $16,80 cy. There will be no tipping fee charged for disposal of the vegetative .l;dleiiai ai iLc iocations fisted a00ve. This task order is based on contractor receipt of approval from the Department of Agriculture to haul material to these locations, and adherence by the contractor to Department of Environmental Protection's guidelines. Please aclmowledge concurrence with the above by DRC, Inc., by having the appropriate person sign dus Notice to Proceed and Task Order Mu-29-2009 10:31 From-MONROE COUNTY ENGINERING +3052954321 T-924 R 009/012 F-111 TASK ORDER NO: 2005-04-1) January 10, 2006 Approved for Monroe County: Approved for DRC, Inc. IM I Signature: Signature: 1 Title: Title: Date: / /i o L Date; APPROVED AS TO LEGAL FORM: MONROE COUNTY ATTORNEY APPROVED AS TO FORM; SU N M. GRIMS� Y ASSISTA T COUNTY ATTORNEY Mar-29-2006 10:31 From-NONROE COUNTY ENGINERING +3052954321 T-624 P 010/012 F-111 BOARD OF COUNTY COMMISSIONER �- Mayor Charles"Sonny"McCoy, Dstrict 3 Mayor Pro Tern Murray E. Nelson, District 5 NTYSo �MONROE Dixie M. Spehar, District 1 rWESTLoRDA 3304o George Neugent, District 2OU2 (305)294-46A I David P. Rice, District 4 I Il ' TASK ORDER NO: 2005-04-E Wl �( N e cj hp All U January 18, 2006 als wr- . AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is tasked to proceed with tt:e hauling out of the reduced vegetative debris to the following two locations: 1. SW 144t'Street and 208`h Avenue, Miami, FL 33196 2. 14601 SW 1971h Ave. Miami, FL 33196 These locations are in addition to the four locations previously approved on task order no, 2005- 04-D. Reduced vegetative debris will be hauled to these fnr;rtirc ram•.. P *t, a �v tree farm) at $16.80 cy. There will be no tipping fee charged for disposal of the vegetative material at the locations listed above. This task order is based on contractor receipt of approval from the Department of Agriculture :, haul material to these locations, and adherence by the contractor to Department of Environmental Protection's guidelines. F.ease acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sign this Notice to Proceed and Task Order Mar-20-2006 10:31 From-MONROE COUNTY ENGINERING +3652954221 7-024 F 011/012 F-111 TASK ORDER NO: 2005-04.1 January 18, 2006 Page 2 Approved for Monroe County: Approved for DRC, Inc. Signature:` Signature: ! L. A U7� I Title: GnUrt �i�,n r7 aY Title: ` 4 Date: Z° D Date:1 L U UNTY ATTORNEY APPROVED AS IPI% 6A� ,NNE A. HUTYON 11JT CO TTORNEY tl Mar TB-20C6 10:31 From-MONROE COUNTY ENGiNERING +3052B543T1 /T-624 P 012. 012 F-I11 �^�� eowrru of courrrr eorrnr�crotr c Mayor Charles"Sonny"McCoy,District 3 �0 U N TYjoM 0 N ROE Mayor ProTem Murray E Nelson, District 5 IllDlxle M. Spehar,Dlstritt i KFr�rRORrDA 73040 George Neugent,District 2 j705r 294A6" qq David P. Rke,Dlstritt 4 .I h r alb t na Q di 5 TASK ORDER NO: 2005-04-F February 10, 2006 AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is ta sked to proceed with the hauling out of scrap metal (consisting stin of whit e goods and other debris) to the Envirorrmental Resources Management/FPT Florida, LLC facibry located at 3700 NW N. River Drive, Miami, FL 33142. Scrap metal will be hauled to this facility at $16,80 cy. The Contractor will collect the $75.00 per net ton payment for scrap metal from the facility and reimburse the County for this amount. Please acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sign This Notice to Proceed and Task Order. Approved for Monroe County Approved for DRC Signature: 7/C Signature: Title:Y Date: %0 (i Dater U Tj AI?PK }VED AS TO LEGAL FORM: MONR% CCU 'Tv ATTORNEY AP VED A9 Op. 5J2A\1 E A. HUTFON .515T.2 o U!� Uy ORNEY Date 2 --��" * �`lam_ BR98P 4F COnNT1'COMMj�QN Rc MUM Charia-Sonny"MCCoy,Disvia 9 CN NTY o�MONROE Mayor Prohm HurMy E.Nelson,D!str ct5 birie M.Spehar,District 1 14sr PLORICA3gWq George Neugenk DlstricS 2 (306)2V-4 :., David C.RM Dlstrla 4 TASK ORDER NO: ZOOS-04-IF February 10, 2006 AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref: Contract for Disaster Response and Recovery Services between DRC. Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on October 25, 2005, is agreed upon as requested: "The Contractor is tasked to proceed with the hailing out of scrap metal (consisting of white goods and other debris) to the Environmental Resources MauagemeaUFPT Florida, LLC facility located at 3700 r1W N. River Drive, Nbami FL 33142, Scrap metal will be hailed to this facility at $16.80 cy. The Contractor will collect the S75.00 per net ton payment for scrap metal from the facility and reimburse the County for this amount. Please a6mowledge concurrence with the above by DRC, Inc., by having the appropriate person sign this Notice to Proceed and Task Order, Approved for Monroe County: Approved LforDFRC(� r Signature: "� 'C`� Signature- Title: � -, �. .'•t�� T:+i�•l ,n� .-�`., t._ Date:_ 0�O Date: APPR VED AS TO LEGAL FORM: 1dCNRCE COUNITY,STTOnNEy A OVED n" OR 1 SU2A1\NE A. HUT7ON SISTANT OU, Y TTCRNCY Date__ a2 /ip Z00/Z00 [A eicicoonlll VII 11 rairia—cuuo n sue rrom—miNNUE COUNTY ENGINERING +3062864321 T^78B p,GCl/0U2 f-826 - T .10blonroe County 1 Engineering Services 1100 Simonton Street Room 2-216 v 0 Key West, FL 33040 Tel 305-292-4426 � Fax 305-295-4321 Facsimile Transmission/ To: � 44S Fro¢n Fax: 70 r a U Imo_ Pages: Coverl Tel: 11 rI � (� Date: �— �• Re: 4rP)4YI::I f/n5� rl�ur( Y� cc: }1t/Y�JC'1/nP� W�j� ❑ Urgent ❑ For RelIview// ❑ please comment ❑ Please Reply Romarks: /jp QZ b,�' V4 -T�E�L��t ICJ Id rrA &nnY�ArSn m i1fp S YPi r— fely . 1 r ^�� znn/I no Fdl kq an QW:iwinoa nuia A-MENDMENT TO AGREEMENT (DRC File # DRC-01-C-110) This amendment to agreement is made and entered into this 16 h_ day of ,zmrPm1ar-r 2005, bet,,veen the County of Monroe (hereinafter "GOVER\1v1ENT') and DRC, Inc. (' : ),inafcr "CO.NTRA.CTOR"i. WHEREAS, the parties entered into a non-exclusive contract effective April 1, 2002, to retain a provider of disaster response services; and WHEREAS, the agreement allows for the addition of other disaster response and recovery activities as necessary as requested by GOB ERNAME1\T; and WHEREAS, changes to the agreement regarding the spreading of sifted sand vae:c understood by key staff of the parties to have occurred at the beginning of July, but the documentation thereof was not processed at that time; and WHEREAS, the agreement makes references to provision of documentation as requested and acknowledgment of the County being subject to the Florida Public Records Lana', but does not specify the Contractor's compliance with the records requirements of the County; now therefore In consideration of the mutual cotenants contained herein the parties agree to amend the agreement as follows: 1 . Exhibit A — Scope of%York is amended to include: Contractor will spread sand returned to beach as a result of sitting. 2. Exhibit B —Fee Schedule is amended to include: The cost associated with spreading sifted sand onto County Beaches is S1.70 per cubic Surd of sand spread. 3. The following provisions are hereby added? a. Public Access. The County and Contractor shall allow and permit reasonable its possession or under its control subiect to the pro-,isions of Chapter 119, Florida Statutes. and made or received by the County and Contractor in conjunction Aith this Agreement; and the County shall hate the right to unilaterally cancel this Agreement upon %iok&on of this pro�'ision b% Contractor. b. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Ageemcnt in accordance aaith generally accepted accounting principles consistently applied. Each party to this .Agreement or their authorized representati-,es shall haye reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination DFC I iF. t DRC-01-C-110 Amend. 11:0_4 1 of this Agreement If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. c. Contractor shall maintain the originals of documents required for federal audits of the County's submissions for federal disaster reimbursements. 4. The effective date of this amendment shall be July 01, 2005. 5. The remaining provisions of the contract cffecti�e April 1, 2002, not inconsistent herewith, remain in full force and effect. IN 'WITNESS WHEREOF, the parties have set their hands and seal on the day and year first abc,,e written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor,'Chairman AttesC / RC, INC. i ` By: Corp Secretary NAME: Rnhert- T Isakcon Witnesses l Title: N n 2. IJE' C'tCnCE C'7U F'iY 'j`SiR FPP.30VEDAS dh P SULA 'NE '. HUTTON A,,SIS7hNT GO TY 7FORNIEY D';C:Fle DRC-U!-C-I10 Amend_ 11N5 CUNTY jo �MONROE KEYWESTLCRIDA 33040 i30E�254-4641 Ergineering Department 1100 Simonton St., Room 2-2'5 Key VVest, Florida 33040 H 5-29 5-4329 Transmittal To: April Calloway From: Judy Steele Date: 11 i 29!2005 Amendment to Monroe County Contract with DRC, Re: Inc. Enclosed are four copies of the amendment to the contract between Monroe Cotmty and DRC,Inc.,which has been approved by the Board of County Commissioners. As you can see, the amendment retroactively adds the sand spreading task and fee to the contract, as well as some standard County contract�A ording. Please have all four copies signed and returned to my attention at the address shown above. I :,id have the County execute the amendment and return a copy to you for your records. If you have any questions,please give me a call at 305-295-4329. T!,anks, T :]v Stew e 14' �G!/C Cli �J1Q�r �D , jh� fi Sep-23-2005 16:20 From-ItONROE Cr Y ENGINERING +3052954321 T-I66 P 002/003 F-659 t `�^ BtMRD OF CAlJnnv r OMM I—L._it<sl� _ Mayor Dlxie M.Spehar, Dlstr ct I OU N TYSM 0 N ROE Mayor Pro Tem Charles"SDnny-McCoy, D:srri Y WEST FLORDR 33040 George Neuge% Dlstrid 2 (305)294-4a4i David P. Rice, Distrttt a Murray E, Nelson, District S Monroe County Board of County Cotnlnissioners Olrlce of the County Administrator - The Historic Gato Cigar Factory 1100 Simonton Street, Room 2-205 Key West,Florida 33040 (305)2924441 -Phone (305) 292-4544 • Fax September 23,2005 AMENDMENT TO NOTICE TO PROCEED AND TASK ORDER Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida The following amendment to the Notice to Proceed issued on August 29, 2005, is agreed upon as requested: -'The County reserves the right to task the Contractor with final disposal services by issuance of an amended Notice to Order during project progression" shall be amended to read: "The Contractor is tasked to proceed ,v;,l, t)- 21 ciauta debris the i arlmlli located in Belle Glade, Florida at $16.80/cy. There will be oetative tipping fee charged for disposal of the vegetative material at the Okkelanta site, The construction and demolition debris Nell as the seaweed will be hauled to the Waste Management site in Homestead, Florida at 516.80/Cy with a Upping fee of $11.40/cy. The Contractor will nay Waste 'Management for tipping fees and then will invoice the County for reimbursement of those fees." Sop-23-2005 16:20 From-MONROE CC j ENGINERING +3052954321 T-188 P.003/003 F-659 Amendment to NodCe to Proceed and Task Order September 23, 2005 Page 2 Plcm acknowledge concurrence with the above by DRC, Inc., by having the appropriate person sig this Notice to Proceed and Task Order Approved C-for Monroe County:U n L:41�Signature: t�\ ( Date: Date: APPROVED AS TO LEGAL FORM: MONROE COUNT,' ATTORNEY a"OVED AS T W �. _ UTTUN �7 AS51 AN7 IGTY ATd RNEy Da,e S ssp-23-2005 16:20 From-MONROE COUNTY ENGINERING +3O52254321 7-188 P 001/003 F-659 Monroe County Engineering Services 1100 Simonton Street a �� Room 2-216 Key West, FL 33040 Tel 305-292-4426 Fax 305-295-4321 j jFacsi we Transmission To: From: 3�s-ass z13 PA Fax: Pages: _ (Indudin coves) Tel: Date: _9 Re: cc: ❑ Urgent ❑ For Review ❑ Please Comment 7 ❑ Please Reply Remarks: ! — / JzD HI lr0 / r4 G, 5L G� a J— ,�, Q r Q Sep-23-2005 15:39 From-MINROE COUNTY EMNERING +3052954321 T-197 P 002/003 F-656 BOARD OFC N MMt ER Mayor Diwe M. Spehar,District 1 cc�y NTY�MONROE Pro gentpare"znnyMeeoy, Dsrici WEST RORiDA 33040 George David P. Rice, District 4 e°5:a+ s., Murray E. Nelson, District 5 /I Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory ]l r 1100 Simonton Street, Room 2-205 �' 1 Key West, Florida 33040 (305)292.4441 - Phone (305) 292-4544 - Fax September 22, 2005 Robert I Isakson Managing Director DRC, Inc. 740 Museum Drive Mobile, AL 36608 Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida Dear Mr. Isakson: This serves as your Notice to Proceed and Task Order(s) with debris management services within Monroe County as a result of Hurricane Rita, and as directed by Monroe County in accordance with the tams of the contract executed with DRC, Inc., dated April 1, 2002, as amended. As you know, this has been deemed an emergency situation and will be processed in terms of emergency procedures. DRC,Inc. shall perform the following tasks to assist the County in responding to the aftermath of Hurricane Rita: • The Contractor is tasked to proceed with the loading, hauling, and transport of debris from public rights-of-way, streets and roads within the unincorporated areas of Monroe County, Key Colony Beach and other County operated properties/facilities, as directed, to the identified Temporary Deb.is Staging/Reduction (TDSR) Sites. •The Contractor is tasked to proceed with reduction and site management at the following identified TDSR Sites: 1). Bergin Property located at mile marker 25, and 2) the Quay Property located at mile marker 102. •The County reserves the right to task the Contractor with fin-0 d;cpncat services by issu n,e er ac amended Notice-to-Proceed/Task Order during project progression. •The County will compensate the Contractor in accordance with Article 3 of the above referenced contract. Sep-23-2005 15:39 From-MONROE COUNTY ENGINERING +3C52954321 T-187 P.003/003 F-656 September 22, 2005 R. Isakson Page 2 Please acknowledge concurrence with the above by DRC, Inc. bby having the appropriate person sign thi Notice to Proceed and Task Order. Approv onroe Coun Approv4, _? [nc: Signature: Fll/11�l� Signature — Title: �� J J9Y(Atc'vK Title: � r ,P�eEXZ Date: 9/�,S' Date o p ` APPROVED AS TO LEGAL FORM: PIONPOE COUNT`.' ATTORNEY AP> OVED AS 0, 0 SUZANNE UTTON ASSIST QpN�gT70RNEY P.II �/1 90ARD OF COMM COMMUMNERS Mayor Dlxle M.Spthar, District 1 Mayor Pro Tern Charles"Sonny" McCoy, District co� NTY�M0NR0E Gcorye N lot, D, Dlst4 2 WEST rtoniD�aaow David P. . Nelson, on, Distinct 4 taa5)a94.4e47 Murray E. Nelson, Dlstrlct 5 Monroe County Board of County Commissioners Ofrlce of the County Administrator The Historic Gato Cigar Factory t r 1100 Simonton Street, Room 2-205 Key West, Florida 33040 (305) 292.4441 - Phone (305) 292-4544 - Fax August 29, 2005 Robert 7. Isakson Managing Director DRC, Inc. 740 Museum Drive Mobile, AL 36008 Ref: Contract for Disaster Response and Recovery Services between DRC, Inc., and Monroe County, Florida Dear Mr. Isakson: This serves as your Notice to Proceed and Task Order(s) with debris management services within Monroe County as a result of Hurricane Katrina, and as directed by Monroe County in accordance with the terms of the contract executed with DRC, Inc , dated April 1, 2002, as amended. As you know, this has been deemed an emergency situation and will be processed in terms of emergency procedures. DRC, Inc. shall perform the following tasks to assist the County in responding to the aftermath of Hurricane Katrina: -The Contractor is tasked to proceed with the loading, hauling, and transport of debris from public rights-of-way, streets and roads within the unincorporated areas of Monroe County, Key Colony Beach and other County operated properties/facilities, as directed, to the identified Temporary Debris Staging/Reduction (TDSR) Sites. - The Contractor is tasked to proceed with reduction and site management at the following identified TDSR Sites: 1), Lower Keys Site to be detcnnined, and 2) the Quay Property located at mile marker 102. - The County reserves the right to task the Contractor with final disposal services by issuance of an amended Notice-to•Proceed"Task Order during project progression. - The County will compensate the Contractor in accordance with Article 3 of the above referenced contract. August 29,2005 R. Isakson Page 2 Please acknowledge concurrence with the above by DRC, Inc. by having the appropriate person sign this Notice to Proceed and Task Order. Appr r Monroe Count A proved t C, Inc: Sign 7 ✓�0 ri 1(y� Signature. Title , C . .IyZ� 4'tt�e; C40 AA Date: d r Date 2� �i 'Yi —F COUNTY ATT RNEY 'I.'f iUVED AS T R SUZAN E A. HUTTON !,,416TAN ORNEV i UNANIMOUS WRITTEN CONSENT OF SPECIAL JOINT MEETING OF THE STOCKHOLDERS AND BOARD OF DIRECTORS OF DRC, INC. HELD ON THE o1G DAY OF , 2005 The undersigned, being all of the Stockholders and members of the Board of Directors of record of DRC. INC, a South Carolina corporation, unanimously agree, in "Titing, to the following actions of a special meeting of Stockholders and Board of Directors. This unanimous written consent shall be filed with Minutes of the of the corporation and shall have like force and effect as if the resolutions and actions taken herein had been duly adopted at a special meeting of the Stockholders and Board of Directors of the corporation with all such stockholders and members being present. The following resolution is hereby unanimously adopted: BE IT RESOLVED, that Lesleigh Reynolds, an employee of DRC, Inc., is authorized to execute any and all documents in regards to activation and mobilization of contracts with Monroe County, Florida. IN WITNESS WHEREOF,the undersigned, being all of Stockholders and members of the Board of Directors of DRC, INC., have hands o this the �_day of �—, 2005. e o set h � (SEAL) OBERT J. IS SON, Directo�nd St ckholder , SEAL) HOMAS 1v1. MYL RR, SR.. Director and Stockholder THE N1ARR QSST TRUST, Stockholder BY: -� (SEAL) THOMAS M. MARR, SR. As Trustee .� BOARD OF COUNTY COMMIS4I0'JFRS ,,j^ Mayor Dixie M. Spehar,District 1 OU NTYJ ON ROE Mayor Pro Tem Murray E. Nelson, District 5 KEY WEST IIJJ rLor;iDA 33040 Charles'Sonn)" McCoy, District 3 (305)294-4641 George Neugent, District 2 David P. Rice,District 4 Public Works Division .{ 1100 Simonton St., Rm. 2-231 Key West, Fl 33040 305/292-4560 (phone) f F 305/292-4558 (fax) October 1, 2003 DRC, Inc. Attn: Robert J. Isakson 740 Museum Drive Mobile, Alabama 36608 Re: Amendment to Agreement with Monroe County, Florida, for Disaster Response and Recovery Services (DRC file #DRC-01-C-110) Dear Mr. Isakson: Enclosed please find a fully-executed duplicate original of the above-referenced amendment to agreement, as approved by the Monroe County Board of County Commissioners on September 17, 2003. Should you have any questions, please feel free to contact me. Sincerely, Dent Pierce Division Director CDP/bpl cc: Joseph F. Myers lames I_ Roberts Sheriff Richard Roth A!! Division Directors ,t' Public Works Departments Sheila Barker Rufus Frazier `er Horton ^e Toner 1—k Management i I AMENDMENT TO AGREEMENT THIS AMENDMENT to agreement is made and entered into this 19411 day of Se 2003, between the County of Monroe (hereinafter "GOVERNMENT") and DRC, Inc. (hereinafter "CONTRACTOR"). WHEREAS, the parties entered into a non-exclusive contract effective April 1 , 2002, to retain a provider of disaster response services ; and WHEREAS, Monroe County is situated at the southern tip of the State of Florida; and WHEREAS, the portion of Monroe County which contains the vast majority of its population consists of a chain of islands linked by bridges which may be destroyed or damaged beyond use in a disaster; and WHEREAS, the logistics of getting disaster response providers to affected areas of Monroe County may be cumbersome and time-consuming after a disaster; and WHEREAS, the parties intended the contract to allow Government to procure other disaster response services from local contractors when to do so would result in services being obtained in a more prompt and economic manner; and WHEREAS, it has been determined that language exists in the Agreement which could be interpreted in a different manner; and WHEREAS, the parties wish to clarify those provisions; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1 . Article 2, second paragraph, of the Agreement shall be amended to read: CONTRACTOR shall perform the services, subject to subcontracts approved pursuant to Article 10, as stated in the Scope of Work, Exhibit A, as may be specifically authorized by the GOVERNMENT. Such authorizations will be referred to as Tack nrriprz Pnrk T7CL irr II t + r services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. This clause does not restrict the GOVERNMENT from utilizing its own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or contractors when the services performed by those entities can be performed with greater speed or less cost to the GOVERNMENT. Exhibit A — Scope of Work, portion of paragraph preceding the lists of tasks covered by the agreement, shall be amended to read: The work and documentation to be performed will consist of furnishing labor, materials, and equipment to accomplish the following types of tasks ordered by GOVERNMENT in the event of a disaster that results in an emergency declaration. 3. The remaining provisions of the contract effective April 1, 2002, not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman J JR 1A; Cqrate Secretary ---�- CSD,v.3 �Witnesses: 2. �t r,',�iNrOE COUNTY ATTORNEY AP1 ROVED AS R 3 ZANNE A. UTTON .ISTANT C NTY TTCRNEY i I AMENDMENT TO AGREEMENT THIS AMENDMENT to agreement is made and entered into this 1�441 day of 2003, between the County of Monroe (hereinafter "GOVERNMENT") and DRC, Inc. (hereinafter "CONTRACTOR"). WHEREAS, the parties entered into a non-exclusive contract effective April 1 , 2002, to retain a provider of disaster response services ; and and WHEREAS, Monroe County is situated at the southern tip of the State of Florida; WHEREAS, the portion of Monroe County which contains the vast majority of its population consists of a chain of islands linked by bridges which may be destroyed or damaged beyond use in a disaster; and WHEREAS, the logistics of getting disaster response providers to affected areas of Monroe County may be cumbersome and time-consuming after a disaster; and WHEREAS, the parties intended the contract to allow Government to procure other disaster response services from local contractors when to do so would result in services being )btained in a more prompt and economic manner; and WHEREAS, it has been determined that language exists in the Agreement which iuld be interpreted in a different manner; and %NHEREAS, the parties wish to clarify those provisions; NOW, THEREFORE, in consideration of the mutual covenants contained here n the parties agree to the amended agreement as follows: 1 . Article 2, second paragraph, of the Agreement shall be amended to read: CONTRACTOR shall perform the services, subject to subcontracts approved pursuant to Article 10, as stated in the Scope of Work, Exhibit A, as may be specifically authorized by the GOVERNMENT. Such authorizations will be referred to as Task Orders. Each Task Order will set fnrrh a npr+ri, -iF services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. This clause does not restrict the GOVERNMENT from utilizing is own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or contractors when the services performed by those entities can be performed with greater speed or less cost to the GOVERNMENT. Exhibit A — Scope of Work, portion of paragraph preceding the lists of tasks covered by the agreement, shall be amended to read: I • 1 The work and documentation to be performed will consist of furnishing labor, materials, and equipment to accomplish the following types of tasks ordered by GOVERNMENT in the event of a disaster that results in an emergency declaration. 3. The remaining provisions of the contract effective April 1, 2002, not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS /OFM yONRO/(yE/CCOUNTY, FLORIDA Deputy Clerk TTTT Mayor/Chairman Z/ JR . A5Corate Secretary CSpvs Witnesses: .0 ^ itle: MI 2. vt l i1JR6� C 0 UNT Y ATTO R N EY Air"PROVED A S TIC, I R1 , 2ANNE A. BUTTON f+.5'.VANTC NT 7TORNEY e r , AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES BETWEEN MONROE COUNTY, FLORIDA AND DRC, INC. CONTRACT NO. _ DRC File Number DRC-01-C-110 F7TABLE OF CONTENTS ARTICLEt-EFFECTIVE DATE/TERM.........................................................................................................2 ARTICLE 2-SERVICES TO BE PERFORMED BY CONTRACTOR...........................................................2 ARTICLE3- COMPENSATION......................:................................................................................................3 ARTICLE4- INSURANCE.....................................................................................................I..........................4 ARTICLE5- STANDARD OF CARE..................................................-............................................................4 ARTICLE6-INDEMNIFICATION...................................................................................................................4 ARTICLE7- INDEPENDENT CONTRACTOR...............................................................................................5 ARTICLE8- GOVERNMENT TO PRACTICE................................................................................................5 ARTICLE9-COMPLIANCE WITH LAWS.....................................................................................................6 ARTICLE10 - SUB-CONTRACTING...............................................................................................................6 ARTICLE11 - FEDERAL AND STATE TAXES...............................................................................................6 ARTICLE 12- GOVERNMENT'S RESPONSIBILITIES.................................................................................6 ARTICLE 13- TERMINATION OF AGREEMENT.........................................................................................6 ARTICLE 14 - UNCONTROLLABLE FORCES...............................................................................................7 ARTICLE15- GOVERNING LAW AND VENUE............................................................................................7 ARTICLE16- NON-DISCRIMINATION..........................................................................................................7 ARTICLE17-WAIVER.....................................................................................................................................7 ARTICLE18- SEVERABILFFY ........................................................................................................................8 ARTICLE19- ENTIRETY OF AGREEMENT.................................................................................................8 ARTICLE20- MODIFICATION.........................................................................................-..................... ARTICLE 21 - SUCCESSORS AND ASSIGNS..-......*-----....... ........'.........*'*..............I......... 8 ARTICLE22-OWNERSHIP OF DOCUMENTS..............................................................................................8 ARTICLE23 - NOTICE................................................................................................................I.....................9 ARTICLE 24-AGREEMENT ADMINISTRATION.........................................................................................9 ARTICLE25-KEY PERSONNEL.................................................................................................................. 10 ARTICLE26- CONFIDENTIALITY...............................................................................................................10 ARTICLE27-ESCALATION CLAUSE.......................................................................................................... 10 ARTICLE 28-TASK ORDER/PERFORMANCE...........................................................................................10 ARTICLE29- BONDS...................................................................................................................................... 10 CRIME ARTICLE 30-PUBLIC ENTITY STATEMENT............................................................. 11 ARTICLE31 -ETHICS CLAUSE........................................................................................... 11 ExhibitA-Scope of Work................................................................................................................................. 12 ExhibitB-Fee Schedule.................................................................................................................................... 15 I. GENERAL............................... ................................... .._..._...... ................... ...._.........:..................._.... . 15 2. HOURLY RATES.-....................................................................................................................................22 3. HAZARDOUT MATERIALS AND ABATE vIENT PRICING -_..... .................................... ..........:...... ..24 i. — I-ERSONNEL.............................................................................. ... .............._.,..................... . .................. VEHICLESnRANSPORTATION.-........._.._...... ................... .... ....._....I...... .................... .......... . .......24 PERSONAL PROTECTIVE EOLII MENT THE............................................. .. ............ ..................._..... 24 MONITOR N'G/SAMPLING EOLT?PMENT................................ ... ................. ..................._.......,..... ....... 25 H_E.AV'Y EQUIPMENT ..... _ .. ._ .. _. RFCOVERY EOLTPNlF\'T .. ... ._ ... ., ...... ............. 26 iiSCELLANTOUSEQUIPMENT. .. ................ ......... .. ..... .. ...,..... .....__.........._ ....... .. _.. . -........... 2 NLATERLALS;'DISPOSABLES.. ..._... . .... ........ ............ -...__.. ..._. ........__._ . ......_.. . ^7 FREON RECOVERY -i 7CHNIC.AL DISASTER RECOVERY ASSISTAI\CE._... 28 - , -Ml PROGRAM MANAGENENTASSISTAVCE_......,....._...... ........ ..__...... ............... .......... ... ... 28 V1 U. PROJECT M NAGE1Fh'I %ScISTANCE....,.. . _ ... ... ..9 ,CKAGED ICE . . . .. .. ....................... ..... 31 6 ROTTLED WATER . ..... . ...... .. .. .. . . ... .. 32 ENERATOR PRICING... .. ...,...... .......... . . . .... . ... . . ... ... F.MPORARY HOUSING OFFICES .AND SUPPORT FACILITIES.., ....... 35 Cnntract No. _ 1 - 01/28/02 L 91-C-110 i 1 Agreement for Professional Services Contract No. —J TG'q AGREEMENT, between Monroe County, Florida (hereinafter referred to as GOVERNIv1ENT) and DRC, Inc. (hereinafter referred to as CONTRACTOR), a South Carolina Corporation, whose Federal Employer Identification Number is 57-0904848: Tf7iereas, GCVERNMENT requires such professional services as may be required to effect disaster response and recovery, and, Whereas, CONTRACTOR represents it is capable and prepared to provide such services, and, Now, therefore, be it resolved that in consideration of the covenants contained herein, the parties hereto agree as follows: .ARTICLE 1 - EFFECTIVE DATE/TER11I The effective date of this AGREEMENT shall be r 1 J�Z. The term of AGREEMENT shall be for a five (5) year period, unless otherwise terminated as provided herein. The GOVERI NENT shall have the option of extending the AGREE'v1ENT for one (1) additional five (5) year period at the same terms and conditions with approval from the GOVERNMENT's Governing Board. Such extension shall be in the form of a written Amendment to the AGREEMENT executed by both parties. ,ARTICLE 2- SERVICES TO BE PERFORMED BY CONTRACTOR CONTRACTOR must be prepared to respond to any of the following types of events: Hurricanes, tornadoes, floods, wildfires, oil spills, mass migration, hazardous materials, terrorist att_-ks, Weapons of Mass Destruction (WMD) incidents, disease carrying sector control, biological and viral threats, fires and explosions, and other natural and man made events. CONTRACTOR shall perform the services, subject to subcontracts approved pursuant to Article 10, as stated in the Scope of Work, Exhibit A, as may be specifically authorized by the C-0"rR'ANT. Such authorizations will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. This clause does not restrict the GOVERNAiENT from utilizing its o��n force account labor and/or equipment to perform said s11� 'e.s. Contract No. - 2 - 01/30/02 I' 01-C-110 I ARTICLE 3 - COMPENSATION 3.1 - GENERAL GO%"ERVIvMNT shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which is attached hereto and incorporated by reference as part of this AGREEMENT. If needed, compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task covered by the scope of work of this AGREEMENT but to which the Fee Schedule cannot readily be applied. CONTRACTOR shall submit semi—monthly invoices for services rendered. Invoices must reference the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to satisfy the reasonable requirements of any Federal or state agency, which may provide potential reimbursement of the costs associated with this AGREEMENT. CONTRACTOR shall be paid within 30 days of submitting a complete invoice. If there are any items in dispute, CONTRACTOR will be paid for those items not in dispute and disputed items will be resolved as expeditiously as possible and paid within 30 days of resolution. If such state or federal agencies require additional explanation or an adjusted format of the information submitted, CONTRACTOR will make reasonable and necessary changes and provide appropriate personnel as required to work and negotiate with such agencies on GOVERNNIENT'S behalf Payment of CONTRACTOR by GOVERNMENT is not contingent upon the GOVERNNNT being reimbursed by the Federal or state agency. Payment to CONTRACTOR will be made for any work directed by the GOVERN TENT, which may be determined, by Federal and State agencies to be ineligible for reimbursement. GOVERNMENT IS NOT RESPONSIBLE FOR PA vIENTS TO CONTRACTOR FOR WORK NOT DIRECTED BY THE GOVERNMENT. Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully documented, invoice by the GOVERNMENT. All invoices shall be delivered to: Monroe County Board of County Commissioners 1100 Simonton Street, Rm. 92-231 Ko,, Wpct Pnr;rla '110,10l Attn: Public Works Director In oru_r for both parties herein to close their books and records, the CONTRACTOR will clearly state "Final Invoice" on the CONTRACTOR'S final last billing to the GOVERN: TENT This that a'l ser-,-ices have been properly performed and all charges and costs have been it -i A to the GOVERNNNT. The GOVERNMENT, in writing, must agree to such cx �2i0n. Contract No. - 3 - O1!28i02 I;�t r'_r l-C-I 10 1 , 1 1 The GOVLRX.\MNT will retain 10% of the payment under each Task Order until such time as the entire project is completed to the GOVERN7-NMNT'S satisfaction. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. (Monroe County Purchasing Policy, Page 14). Work ordered by the Government is due the Contractor whether appropriated or not, payment may be reasonably delayed, as agreed upon by both parties in writing, until appropriation is made by the Board at the next calendar meeting. Government is obligated to pay for work tasked and directed by the government. .ARTICLE 4 - INSURANCE CONTRACTOR shall name the GOVERNMENT as additional insured on CONTRACTOR's insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation — Statutory Limits ($100,000) of the State of Florida; General Liability— One Million Dollars ($1,000,000.00) any single occurrence, Contractor's Vehicle Insurance - $500,000 CG\TRACTOR shall provide GOVERNMENT a Certificate of Insurance evidencing such cor erage. ,ARTICLE 5 - STANDARD OF CARE CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances. The CONTRACTOR warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 6 - INDEMNIFICATION 6.1 General Ha,.i>>g considered the risks and potential liabilities that may exist during the performance of the s,:r, i,_ .s and in consideration of the promises included herein, GOy ER\-NIENT and CONTRACTOR agree to allocate such liabilities in accordance �Nith this Article 6. 6.2 Indemnification -RACTOR agrees to protect, defend, indemnify, and hold harmless the GOVERNNT, its employees and representatives, from any and all claims and liabilities for which the G' �TRNMENT, its employees and representatives, can or may be held liable as a result of i. (:ncluding death) to persons or damage to property occurring by reason of any acts or Contract No. - 4 - 01/28;02 LhC-('1-C-110 1 i omissions of the CONTRACTOR its emplovees. or aeents. arisine out of or connected with this AGREEMENT. The CONTRACTOR shall not be required to indemnify the GOVERNMENT or its agents. emplovees. or representatives. when an occurrence results solelv from the wrongful acts or omissions of the GOVERNMENT, or its agents, employees or representativ es- To the amount and extent all by See. 768.28. Florida Statutes. GOVERNMENT agrees to protect. d rd, indemnify, and hold harmless the CONTRACTOR, its emplovees and representatives, from anv and all claims and liabilities for which the CONTRACTOR its emplovees and representatives, can or may be he'd liable as a result of injury (including death) to persons or damage to crooerty occurring by reason of anv acts or omissions of the GON'-RNNIENT. its employees, or agents, arising out of or connected with this AGREEMENT. The GO`-RN?vENT shall not be required to indemnify the CONTRACTOR or its aeents. employees, or representatives, when an occurrence results solely from the wrongful acts or omissions of the CONTRACTOR, or its aeents, employees or representatives. 6.3 Sun ival Upon completion of all services. obligations and duties provided for in this AGREEMENT. or in the event of termination of this AGREENE-NT for any reason, the terms and conditions of this Article 6 shall survive. ARTICLE 7 -INDEPENDENT CONTRACTOR CONTRACTOR undertakes performance of the services as an indeoendcnt contractor and shall be wholly responsible for the methods of performance. GOVERNMENT shall have no right to supervise the methods used. but GO%-ERN�fNT shall have the rieht to obser-e such performance- CONTRACTOR shall work closely with GOVERNIv1ENT in performing services under this AGREEMENT. All performance will be in accordance with all applicable state. federal. and county statutes, la,� ordinances, piles and regulations, and CONTRACTOR will be responsible for performance to obtain the maximum possible reimbursement from applicable agencies. The CONTRACTOR shall not pledge the GOVERNMENT'S credit or make it a guarantor of payment of surety for any contract, debt, obligation,judgment, lien or anv form of indebtedness. b' ARTICLE S- GO`TR-N'.NIENT TO PRACTICE T'-e ''ON TRACTOR hereby represents and warrants that it has and ,.ill continue tc maintain all licenses, reeistrations and approv als required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Contr-ot Ne. 5 - Ol%28!02 I (A-C-110 1 1 ARTICLE 9 - CONIPLLANCE WITH LAWS In performance of the services, CONTRACTOR will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards, ARTICLE 10 - SUB-CONTRACTING The GOVERN'hIENT reserves the right to accept the use of a sub-contractor or to reject the selection of a particular sub-contractor and to review the capabilities of any sub-contractor to perform properly under this AGREEMENT. Rejection of any sub-contractor will be based on, but not limited to, negative references, insufficient resources, or conviction of a Public Entity Crime. If a sub-contractor fails to perform or make progress, as required by this AGREEMENT, and it is necessary to replace the sub-contractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new sub-contractor by the GOVERNMENT. " Sub-contractors are to hold insurance naming the County as an additional insured for non- performance; possibly post a bond and hold contractor financially responsible — for an amount commensurate with a daily pro-ration of the sub-contract amount - $500.00 a day in damages. ARTICLE I I - FEDERAL AND STATE TAXES The GOVERNMENT is exempt from Federal Tax and State Sales and Use Taxes, upon request, the GOVERNMENT will provide an exemption certificate to CONTRACTOR, The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the GOVERNMENT, nor shall the CONTRACTOR be authorized to use the GOVERNMENT'S Tax Exemption Number in securing such materials. ARTICLE 12 -GOVERNMENT'S RESPONSIBILITIES r-r,.-rn�.n,rr_�••r v..n t _ . ...:� -. r�� -. ..;a;n� �-rocc t� -.11 nrniFrT cjTF¢ aPd Drpvld7n� information required by CONTRACTOR that is available in the tiles of the GOVERNMENT. ARTICLE 13 - TERAWNATION OF AGREEMENT Ether party upon 6 months written notice to the other party may terminate this kGREE_\1ENT t cause and without liability. The GOER 1ENT rnav terminate this agreement for any liret,�u except uncontrollable forces, as specified in Article 14, upon giving contractor fifteen days Arittei notice. Contract No, - 6 - 01/28i02 T r -01-C-110 1 ARTICLE 14 -,LNCONTROLLA,BLE FORCES Neither the GOVBILNDIENT nor CONTRACTOR shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to Uncontrollable Forces, the ci:( of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this AGREE'vIENT and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions, with the exception of those events that trigger the activation of this AGREEMENT. Neither party shall, however, be excused from performance if nonperformance is due to forces which are foreseeable, preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence or forethought prevented, removed remedied or planned around. The nonperforming party shall, within a reasonable time of being prey-ented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this AGREEMENT. ARTICLE 15 - GOVERNING LAW AND I//ENLT The laws of the State of Florida shall govern this AGREEMENT. Any and al] legal action necessary to enforce the AGREEMENT will be held in -Monroe County and the AGREEINT will be interpreted according to the laws of the State of Florida. ARTICLE 16 - NON-DISCRI MMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, of national origin, physical handicap, financial status or any other characteristic or aspect which is not job related when recruiting, hiring, promoting, terminating or any other area affecting employment under this apiccment. Additionally, the Contractor shall not discriminate against any person on the basis of race, color, religion, gender, age, national origin, physical handicap, financial status or any other characteristic or aspect in regard to providing services hereunder. A L}'- CLE 17-WAIVER A %vaiy Cr by either GOVER\T-LEUT or CONTRACTOR of any breach of this AGREEMENT 111 _is not be binding upon the vv aiving party unless such vlaiNer is in writing. In the cv ent of a c .n waiver, such a waiver shall not affect the waiving party's rights with respect to any other rJ 'Icr breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. Contract No. - 7 - 01'28i02 L _ -01-C-110 ARTICLE IS - SEVERABILITY The invalidity,"illegality, or unenforceability of any provision of this AGREEMENT, or the occurrence of any event rendering any portion or provision of this AGREEMENT void, shall in no way affect the validity or enforceability of any other portion or provision of the 1:EEMENT. .Any void provision shall'be deemed severed from the AGREEMENT and the balance of the AGREEMENT shall be construed and enforced as if the AGREEMENT did not contain the particular portion or provision held to be void. The parties further agree to reform the AGREEMENT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire AGREEMENT from being void should a provision which is of the essence of the AGREEMENT be determined to be void. ARTICLE 19 - ENTIRETY OF AGREEMENT The GOVERNMENT and the CONTRACTOR agree that this AGREEMENT sets forth the entire AGREEMENT between the parties, and that there are no promises or understandings other than those stated herein. This AGREEI\1-ENT supersedes all prior contracts, contracts, rel;resentations, negotiations, letters or other communications between the GOVERNMENT and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions, terns and conditions contained in this AGREEMENT may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 20 - MODIFICATION The AGREEiAENT may not be modified unless such modifications are evidenced in writing signed by both GOVERNMENT and CONTRACTOR. Such modifications shall be in the form of'a written .Amendment executed by both parties. ARTICLE 21 - SUCCESSORS AND ASSIGNS GOVFRNI\IENT and CONTRACTOR each binds itself and its partners, successors, assigns and legal representatives to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign amLndment. ARTICLE 22 - OR";ERSET OF DOCL-'1LE-NTS TRACTOR shall be required to cooperate with other contractors relative to providing iation requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the CC --RNMENT for it's use and/or the GOVERNMENT may deem distribution as appropriate. Contract No - 8 - 01/^8i02. I "1-' `1-C-110 ' i I ARTICLE 23 -NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered. in person or sent,by certified mail, postage prepaid as follows: As To GO`ERVNZENT Monroe County Board of County Commissioners 1100 Simonton Street, Rm. 2-231 Key West, FL 33040 (Attn: Public Works Director) �As To CONTRACTOR DRC, Inc. 740 Museum Drive Mobile, AL 36608 Attention: Contract Administrator Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed recei`ed on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and GOVERNMENT. ARTICLE 24 - AGREEMENT ADINJINISTRATION Services of CONTRACTOR shall be under the general direction of the County Administrator, or y his designee, who shall act as the GOVERN� ENT'S representative during the term of the AGREEMENT. Cnn(rnct'NO. - 9 - 01/28/02 1 --01-C-110 I I ARTICLE 25 -.KEY PERSONNEL CONTRACTOR shall notify C) -ERNMENT in the event of key personnel changes, which might affect this AGREEMENT '.Notification shall be made within thirty (30) days of said ci,ar,,es. GOVERNNfENT has the right to reject proposed changes in key personnel and rescind this AGREEMENT. The following personnel shall be considered key personnel: Robert J. Isakson Joseph F. Myers ARTICLE 26 - CONFIDENTLALITY No reports, information, computer programs, documentation, and,'or data given to, or prepared or assembled by the CONTRACTOR under this AGREEMENT shall be made available to any individual or organization by the CONTRACTOR without prior written approval of the GOVERNMENT, or unless otherwise provided by law. CONTRACTOR is aware of GOVERNMENT'S public records responsibilities under Florida law. ARTICLE 27 - ESCALATION CLAUSE Any price schedules included as a part of this Agreement shall be re%ic A ed on an annual basis at which time amended unit costs shall be submitted by CONTRACTOR to GO'% RNN1E--vT to reflect the current costs attached plus an increase in costs equal to the current Consumer Price Index for all urban consumers (CPI-L� for the most recent 12 months available [C= Current Price, CPI-U — Consumer Price Index for all urban consumers for the most recent 12 months available: I = Increase in price (i.e.: C x CPI = I, C + I = New Price.' A written amendment to this agreement, approved by both parties, shall be required in order to implement increases under this clause. ARTICLE 28 - TASK ORDERTERFOR-N A-NCE Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually agreed to by the CONTRACTOR and GOVERN?'?ENT. The GOVERN-NIENT shall have the right to correct for vendor default or underperformance by any InCa:IS It GeeIIIS 1:1 llS UCJI .I,Lc L. �v_. 11�--111.. - - of,quantity of nark performed under each Task Order ARTICLE 29 - BONDS C' R ACTOR will furnish a pe.-form,nce and pa}rnent bond foram, and`or all Notices to ed. The cost of said bond premium be an additional cost to the Government. Contract No. - 10 - 01i28;02 I — - 01-C-110 .ARTICLE 30 -PUBLIC L-NTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or - repair of a public building or public work;-may not submit bids on leases of real property ert ' to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, F. S. for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 31 -ETHICS CLAUSE Contractor warrants that it had not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid Ec,ttic former County officer or employee. itness R7iereof M Monroe County and DRC, Inc. have executed this AGREEENT ] h t 'day and year fast above written. o BOARD OF COLTNTY Col -MISSION D AIvNY L. 'OLHAGE, CLERK OF MONROE LINTY, FLORIDA ^By --- By: i 1 De uty C;erk May)pr/Chairman DRC, IN ' At t: _ By: — - C rporate Secr i7 (Cor rate Seal) Witness: Names Title: M*tJAIOO f APPRC`'ED AS TO FOP. AND !E- ' SUFfIGIE BY NNE A. UTTON DATE , L Contract No. - 11 - 01/28/02 D'111--o1-C-110 Exhibit A- Scope of Work The work and documentation to be performed will consist of furnishing all labor, materials, and equipment to accomplish the following types of tasks in the event of a seale disaster that results in an emergency declaration: Annual or biannual pre-disaster debris management planning critiques and planning assistance in conjunction with appropriate GOVERNMENT officials • Permitting, clearing, and/or removing and disposing of disaster related debris from the public rights-of-way, streets, roads, canals, lakes and ponds • Selection of most cost effective, permittable debris reduction method(s) • Management and operation of temporary debris reduction sites and debris reduction sites to accent, process reduce recycle inrineraie and dispose of disnster-related debris • Provision of certified scales at debris sites for monitoring oftruck/load weights or services to determine cubic yardage as appropriate • As directed, demolition and removal of condemned structures and buildings that pose a threat to public health or safety that are related to and resulting from the disaster event • Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling and disposal including a tree-off program (leaning or fallen trees on structures) for governmental structures and for individual homes and businesses through a right of entry program • Permitting and services necessary for the containment, cleanup, removal, transport, storage, testing, treatment and/or disposal of hazardous, toxic, and industrial and bio- hazardous materials waste resulting from the disaster • Hazardous waste recovery and remediation in flooded environments, including canals • Removal of sand from roads, streets, rights-of-way, screening sand and returning clean sand to beaches or other designated sites • Recovery and destruction of dead fish, animals and livestock • Environmental damage assessments and recommendations for remediation • Coordination with the State Division of Emergency Management, FEMA, State DOT, County and other agencies to ensure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility • Provide disposal tickets, Redd inspection reports, and other data sufficient to pro\-ide substantiation for FENLA and State reimbursement • Assist GOVERNMENT officials in preparation of FEMA and State reports for reimbursement including training of government employees and review of documentation prior to submittal through the end of the reimbursement process • General procurement and logistics from tents to meals ready to cat, all emcr�2cncy and support items purchased, managed, warehoused and delivered • Provide preliminary engineering analysis, beginning _24 hours foilmy ing the disaster, of all County facilities including roads, bridges, airports, buildings, parks, beaches, equipment, etc. • Prepare project worksheets for all damage which includes a detailed sr.npe of work and cost estimate I <'-01-C-110 ' 1 I Prepare requests for proposals and bidding documents to repair damage Prepare all necessary permit applications and procure permits for all work Prepare accounting methodology and manage all expenses as they occur associated with FEMA and State reimbursement Provision of. c Portable laundry facilities for emergency workers o Temporary housing for disaster workers o Portable toilets and shower units, related supplies and maintenance o General (temporary) warehousing and support o Temporary offices, mobile command centers, accommodations and support o Emergency generator services with licensed electrician support to specified facilities c Ice, water and/or fuel delivery and distribution services Project management services as requested for all categories of eligible disaster related work including advising of reimbursement opportunities for disaster reimbursement or funding for losses associated with and not associated with the work of the contractor Large project oversight for contractor compliance with Project Worksheet Statements of Work and line item identifications from award to final inspection Identify required/needed changes to the scope contained in individual Project Worksheets and assist the GOVERNMENT in negotiating changes with FENIA and the state Project scheduling and status,'progress reporting Review all contractor documentation for consistency, compliance and completeness and require corrections as appropriate before submitting for payment Individual project final inspection reports for reimbursement and project closeout Assistance with reports for insurance claims for public property Provide weekly status reports of work accomplished by CONTRACTOR for the first fifteen (15) weeks following the disaster, then monthly reports until completion GRANT nZANAGENffiNT TASKS: (Note'. Negotiated prices based on DRC's Federal contracts that include similar management scopes of work.) Provide overall program management UrQanlZe anu Riau a(] (IUI, ��Cc<<. E ��- �.�•• �� Develop Countywide flow process for determining and signing off on grant insurance funding source Dom,clop process f)r cost-reco,erc dra,,v dov.n requests DeN elop fund reconciliation recommendations CI-Velop paymenttracking system Dt,\clop and manage program schedule Establish project filing s} stems Develop and maintain a spread-sheet based PW DSR tracking approach Prepare draft correspondence to State and FEMA for County signature Document FENIA grant management procedures for eventual transition to County staff 01/28/02 Cont*.;ct No. 13 _ DuC '.!1-C-110 j I ELIGIBILITY TASKS: • Meet with State and FEMA inspectors as appropriate • Participate in site visits with the Federal-State inspection team • Review eligibility issues and advise the County in negotiations with FEMA, as needed • Provide guidance in the interpretation of codes and regulations in relation to eligible work • Recommend possible repair/replacement options for permanent work, including opportunities for mitigation and code upgrades projects ro e • Prepare Project Worksheets for small and large p • Review FEMA-generated Project Worksheets and recommend whether the County should concur or non-concur • Prepare all non-concurrence arguments/documents • Review disputes and provide recommendations to the County regarding course of action • Coordinate with Insurance Adjusters on insurance • Explore opportunities and apply as appropriate for 404/406 mitigation funding • Coordinate where appropriate with consulting engineers • Prepare correspondence as necessary • Address issues related to inter-agency funding conflicts ALLOWABILITY TASKS: • Develop Countywide approach to filing and tracking costs • Review documentation prepared by departments • Reconcile solid waste invoices to County records • Assist in capturing and summarizing eligible costs for selected departments • Develop "audit maps" for each department explaining the audit trail for use by auditors during close outs ENGAGEMENT MANAGEMENT TASKS: (:Mote: Negotiated prices based on DRC's Federal contracts that include similar management scopes of work.) • Prepare program managemeni plan • Prepare Flash Reports • Attend status meetings • Prepare invoices and supporting documentation nPT1ONAL SERVICES: • Appeal Assistance: In the event the County disagrees with FEMA determinations, assist the County to strategize and write appeals. • Closeout audit assistance: When the County has completed all projects and drawn down reimbursement for all eligible costs, assist the County with finalizing preparations for State'FENIA final inspections and audits, and participate in exit conferences with State'FENLA. • ,°r-e-disaster planning: Assist the County with processes and procedures for administrative disaster response in the event of another disaster. Contract No. - 14 - 01/28,,02 DFC 1-C-110 ` l Exhibit B-Fee Schedule 1, GENERAL . As required by and listed in the RFP, DRC will perform the work and documentation, consisting of furnishing all labor, materials, and equipment to accomplish the following types of tasks in the event of a disaster that results in an emergency declaration, at the GOVERNMENT'S direction. • Provide land for debris storage (if necessary) o DRC has in numerous operations, assisted the Government (our client) in locating and providing land for use as a temporary debris storage and reduction site. DRC will also assist the County to locate and provide land for this use should Monroe County _officials determine that it is necessary. e Given the multitude of effecting factors, any cost for acquisition, lease or rental of land will be negotiated at time of need, or in advance, if possible. • Management and operation of debris reduction sites to accept, process, reduce, incinerate, and dispose of disaster related debris o As described in detail within this Agreement, DRC has the knowledge, experience, and personnel, equipment and overall capability to manage and operate as many sites as are required to provide for an expedited recovery process for Monroe County.,- 0 The cost associated with accepting, processing and reducing debris through incineration, chipping, grinding and/or compaction, will be $5.81 per cubic yard. o The cost associated with loading and transportation from the TDSRS to the final disposal site will be as follows: ■ 0-15 Miles (One Way Haul) $5 68 ■ 16-30 Miles: $6.86 ■ 31-45 Miles $8.82 ■ 46-60 Miles: $10.73 ■ 61-75 Miles: $11 .89 ■ 76-100 Miles $13.75 ■ 101-115 Miles- $16.80 ■ 116-130 Miles: $18.91 o The cost associated with landfill disposal fees will be a pass-through cost, with DRC t invoicing the County at actual cost, without any additional fees. 4nv cite Preparation. to include but not limited to anv site work and materials necessary' to build and maintain roads for ingress or egress, or any roads throughout the site; the construction of a roofed inspection tower sufficient for a minimum of three (3) inspectors, any environmental requirements to include but not limited to ,,ind-born debris control fencing, silt fencing, or��atcr retention berms, the construction of an area for an office trailer and parking; and any other items necessary for site operations and management shall be negotiated upon issuance of a notice-to- proceed. In the event of a projected storm disaster, CONTRACTOR will hav e representatives in the GOVERNTN1ENT'S Emergency Operations Center thirty-six (36) hours prior to projected landfall, which will be invoiced under the appropriate cost column for project management assistance on the following pages. • !:` :wring and/or removing debris from the public right-of-way, streets and roads Contract No. 15 - 01/28/02 ":^-01-C-1 10 � 1 o DRC will accomplish the cutting,tossing and/or pushing of debris from the primary transportation routes, rights-of-way, easements, streets and roads, as identified by and directed by the County. Once this task is accomplished, or is sufficiently underway, the pick-up, and hauling of debris to a designated site will begin, as required. o Given the difficulty, almost impossibility, in quoting a unit price for this type of operation, the cost associated with the clearance of debris as stated above, will be invoiced at the hourly rates attached to this section of the Agreement. c As identified by and directed by the County, DRC will accomplish the, pick-up and hauling of debris to the designated Temporary Debris Staging and Reduction Sites (TDSRS) from public rights-of-way, streets and roads and shall maintain these debris work sites to the appropriate use standards, safety standards, and regulatory requirements. o The cost associated with loading and hauling debris from the rights-of-way. streets and roads to a TDSRS, will be: • 0-15 Miles (One-Way): $13.25 ■ 16-30 Miles: $14.82 • As directed, demolition and removal of condemned structures and buildings that pose a threat to the public safety resulting from the disaster event c Should an imminent threat to life, safety and health to the general public be present on private property or publicly owned property, DRC, as identified by and directed by the County, will accomplish the demolition of structures and the removal and relocation of debris to the public rights-of-way. This service shall commence upon receipt by DRC from the County the completed right of entry forms, hold harmless agreements, the non-duplication of benefits agreements, an address specific task order, and the physical marking of each structure by the County. DRC will place all debris collected through this process in the public rights-of-way, where the above scope of services (Debris Removal from Public Rights-of Way) shall commence. o The cost associated with demolition and removal of condemned structures and buildings that pose a threat to the public safety resulting from the disaster event will be invoiced at the hourly rates attached to this section of the Agreement. • Tree trimming, tree topping, tree removal (to include tree-off program when authorized), stump grinding, grubbing, clearing, hauling and disposal o As directed by the County, DRC shall trim, cut and/or fell all leaning trees and/or hanging limbs, as identified by Monroe County officials. Each tree and,'or limb shall inen oe placco in the right=w-way c;iierc tug utColib ;C Ul"iJ6 ,-io.,, :ui5 owyc services shall be removed utilizing the scope of services above (debris removal from public right-of-way). o The cost associated with cutting, trimming and felling, will be invoiced at the hourly rates attached to this section of the Agreement. o As identified and directed by the County, DRC shall remove all hazardous stumps, as identified by the County, and haul each stump to a TDSRS. Each stump shall be inspected by the County and DRC inspectors and documented as to the appropriate category of size for invoicing (see next bullet statement for size categories and prices). DRC shall back-fill each stump hole with compatible material as determined by the County and DRC. Contract No. 16 - 01/28/02 L'"C-01-C-110 o The cost associated with the removal of hazardous stumps will be invoiced utilizing the following categories: Up to but less 6 inch diameter - $ 45.00 per stump 6 inch diameter and up, but less than 12 inches - $ 97.00 per stump 12 inch diameter and up, but less than 24 inches - $ 196.00 per stump 24 inch diameter and up, but less than 48 inches - $ :93.00 per stump Equal to or greater than 48 inch diameter - $1,292.00 per stump c The cost associated with the backfilling of stump holes, will be negotiated at time of need, per cubic yard for acquiring, hauling and placing clean back-fill material in holes left by hazardous stumps. o Stump grinding will be accomplished only when and where it is directed and approved by the County. The industry standard for hazardous stumps has been addressed above. However, should a tree require removal, and the stump have not been uprooted, and then the standard is to grind the stump even with ground level. o The cost associated with grinding stumps, will be invoiced at the hourly rates attached to this section of the Agreement. • Hazardous waste recovery and remediation in flooded environments, including canals c DRC will abate all hazardous materials and hazardous wastes identified by the County in accordance with all applicable Federal, State and Local laws, standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with DRC's Debris Management Guide and Environmental Protection Plan. o The cost associated with hazardous materials and hazardous waste abatement, will be invoiced at the rates attached and entitled "Hazardous Materials Remediation and Abatement Rates". • Generator supply, installation, maintenance, fueling and repairs o DRC will haul, install, service, and remove generators provided by the county and/'OF position and install county owned generators and service as required to maintain maximum efficiency in support of disaster operations. o The costs associated with generator supply, installation, maintenance, fueling, and repairs, will be per the enclosed generator pricing sheet. • Providia2 all permits and sen-ices necessary for the containment. clean-up. removal. transport, storage, testing, treatment and/or disposal of hazardous and industrial rr:_r_erials waste resulting from a disaster DRC will provide all permits and sen ices necessary for the containment, clean-up, removal, transport, storage, testing, treatment and,'or disposal of hazardous and industrial materials waste resulting from a disaster in accordance with all applicable Federal, State and Local laws, standards and regulations to include but not limited to 29 CFR 1911120, 40 CFR 311 and 49 CFR 100-199: Hazardous waste abatement shall be accomplished in accordance with DRC's Debris Management Guide and Environmental Protection Plan. The cost associated with hazardous materials and hazardous waste abatement, will be invoiced at the rates attached and entitled "Hazardous Materials Remediation and Contract NO. _ - 17 - 01/2 8/02 P.T r7_ ', C-110 � I Abatement Rates". o The cost associated with permitting, will be a pass-through cost with DRC invoicing the County at actual cost, without any additional fees. o The cost associated with transporting and disposal of hazardous materials and wastes, will be negotiated at time of need, based of the Government and DRC identifying the "best determined method" as required by Federal, State and Local laws, standards and regulations. • Annual or bi-annual pre-planning for emergencies o As stated elsewhere within this Agreement, DRC provides annual training to our clients consisting of a minimum eight (8) hour course designed to meet the needs of the client. The course is created utilizing existing FEMA, or other government agency, training materials so as to emulate the same training received by the Federal personnel that may respond to your emergency. In most cases, the same instructors who train the Federal employees will be training your employees. o DRC also will offer the County eight (8) hours of pre-planning and plan review to be held annually, in addition to the eioht hours of training discussed above o The cost associated with this service shall be included in DRC's overhead. There is no charge to the County for this service. • Removal of sand from roads, streets and rights-of-way-, screening sand and returning clean sand to the beaches or other designated areas o DRC will screen all sand, as directed by the County, to remove all debris deposited by an emergency. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on the beach, processing the debris laden sand through the screen and returning clean sand to the approximate original location on the beach as directed by the County. Debris removed from sand will be picked-up, hauled and processed utilizing the scope of services located above for Debris Removal from Public Rights-of-'Way. o The cost associated with removal of sand from roads, streets and rights-of--way, screening sand and retuming clean sand to the beaches or other designated areas, will be $8.72 per cubic yard of sand picked up and hauled to the screen. This cost includes pick-up of debris laden sand, hauling to the processing screen located on the beach, processing the sand through the screen and returning clean sand to the beach as directed by the County. • EmeroPnry calrllitr trlrnhnnr nrncicinn anri�nr other neressary rnrnmvniration resource o DRC, as stated elsewhere in this Agreement, maintains satellite communications and radio communications capabilities for both our internal and our clients use, should the need arise DRC can prop,le temporary satellite telephony capability as %N ell as line- of-sight communications, to include necessary equipment, satellite time, and/or other service time, at industry accepted rates, at time of need. • Recovery and destruction of dead fish, animals and livestock c DRC will provide for the recovery and destruction'disposal of dead fish, animals and livestock as pro%ided for in DRC's Debris Management Plan (a copy of which will be provided to the County upon award of a contract to DRC ! DRC will make a copy Contract No. - 18 - 01i28.'02 I- A-C-110 available to the County prior to an award should the County request). o The cost associated with the recovery of dead fish, animals and livestock, will be invoiced at the hourly rates attached to this section of the Agreement. c The cost associated with the destruction'disposal of dead fish, animals and livestock will be invoiced at the rate of$2.43 per pound. • Containment, recovery, removal, transport, storage, testing, treatment and/or disposal of hazardous, toxic, industrial and bio-hazardous materials resulting from a disaster o Thesee items have been addressed and combined by DRC in similar scopes ofwork listed above. • General procurement and logistics — from tents to meals-ready-to-eat— all emergency and support items purchased, managed, warehoused and delivered o DRC will respond to individual requirements for procurement and logistical support in support of disaster relief efforts. o Due to the nature of the varying requirements it is not feasible to give unit pricing at this time. The costs associated with general procurement and logistics, will be cost (supported by invoices) plus a fair amount to cover administrative costs and a responsible profit. • Provision of portable wash machines and dryers for disaster workers (if necessary) o DRC will provide Portable Laundries o The costs associated with the provision of portable wash machines and dryers for disaster workers, will be are included on the attached sheet. • Temporary housing for disaster workers o DRC will provide Bunkhouses (with and without baths) suitable for housing disaster workers. Sample diagrams for these units are enclosed. o The costs associated with temporary housing for disaster workers, are included on the attached pricing sheet. • Portable toilets and shower units — supplies and maintenance o DRC will provide portable toilet and shower units as per the enclosed diagrams. o The costs associated with portable toilets and shower units — supplies and maintenance, are included on the attached pricing sheet. o Wnrebmicin9 nrovkinn and sunnort o DRC will provide warehousing provision and support per individual task orders requirements. issued at the time of the event to support all disaster relief re q o Due to the nature of the varying requirements it is not feasible to gi,,e unit pricing at this time. The costs associated ,vith general procurement and logistics, will be cost (supported by invoices) plus a fair amount to cover administrative costs and a responsible profit. • Provision of certified scales at debris sites to monitor trucks weight o DRC will provide certified scales, capable of weighing large trucks on a continual basis (small portable scales will not withstand this type of usage), at debris sites to monitor truck weights when required by the County and/or the method of payment is Contract No. 19 - 01/28/02 C^1_C J1-C-110 1 I by weight. o The cost for this service is $10,000,00 per week"per certified scale. • Emergency clearance of roads and rights-of-way o DRC will accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes, rights-of-way, easements, streets and roads, as identified by and directed by the County. Once this task is accomplished, or is sufficiently underway, the pick-up, and hauling of debris to a designated site will begin, as required. o Given the difficulty, almost impossibility, in quoting a unit price for this type of operation, the cost associated with the clearance of debris as stated above, will be invoiced at the hourly rates attached to this section of the .Agreement. • Temporary offices, accommodations and support systems o DRC will provide temporary office, accommodations and support systems per the enclosed diagrams. o The costs associated with temporary offices, accommodations and support systems, are included on the enclosed pricing Agreement. • Emergency clinics and support personnel c DRC will provide a fully staffed and operational 24/7medreal station o to provide full outpatient health services except for x-rays for up to 160 patients a day. Services to be provided under own tentage or in a building if available. o The costs associated with emergency clinics and support personnel, will be $1,172,350 per week. This figure is based on surface transportation of equipment and air transportation of personnel. This rate is also based our estimate on a 10-14 day personnel rotation period. The initial supply of consumable supplies has been included as a separate item and replacement supplies would be billed at cost plus 20 percent. The estimate includes a team base camp under tentage or housing if available. Weekly costs for personnel only is $190,000. • Mortuary support/recovery — mobilization and management of temporary morgues (including recovery of floating and displaced coffins and deceased persons) o DRC will pickup and transport human remains to receiving facility (temporary or permanent, to include floating and displaced coffins. o The costs associated with mortuary support/recovery, will be $3,000 per corpse./coffin. • Mobile command center use—substitute government facilities if necessary o DRC will provide, subject to availability, one of our mobile command centers, information on one of which is contained elsewhere in this Agreement, to temporarily substitute for government facilities, until more suitable housing, as described abo�e in ti,mporan offices cr_r.tinn ran he i�ctahlichPrl c The cost associated with this service is considered overhead to DRC. There is no charge for this service. • Ice and water delivery and distribution and fuel supply o DRC will deliver ice and water and provide distribution and fuel supply as required to support disaster recovery operations. Contract No. - 20 - 01/28,'02 ?"' �!1-C-110 c The costs associated with ice and water delivery and distribution and fuel supply, are included on the enclosed pricing sheets. • Flood mitigation, including emergency pumping, sand-bagging and levee construction and repair o DRC will provide flood mitigation operational capability to Monroe County utilizing similar techniques and operational guidelines as is required when we are tasked to perform these services under our various contracts with the US Army Corps of Engineers. DRC also has the exclusive rights to utilize the "Flood Fighter" flood protection system (see attached brochure) for govemments within the United States. o The cost associated with flood mitigation to include sandbagging, set-up of the "Flood Fighter" system, and levee construction and repair, will be invoiced at the hourly rates attached to this Agreement. o The cost associated with rental of the"Flood Fighter" system, will be $300/day per 50 feet of 1.9' high tube. o The costs associated with sandbag procurement and delivery, will be $I.50 per sandbag, delivered. o The cost associated with emergency pumping, will be $190 per hour. o Any technical project management and/or engineering will be invoiced at the Project Management fee and./or rate attached to this Agreement. • Environmental damage assessment and recommendations for remediation o DRC has on staff the technical experts to accomplish this scope of service. From trained Geologists to Engineers to Remediation Specialists, DRC has the capability and experience to assist the County and lessen both the recovery time and the cost. o Any technical project management and/or engineering, will be invoiced at the Project Management fee and,'or rate attached to this Agreement. • Assist Monroe County in preparation of FEMA and State reports for reimbursement, inrluding training of Government employees and review of documentation prior to submittal, AND; • Work closely with the Florida Division of Emergency Management, FEMA, USACE, FDOT, FDEP, Monroe County and other agencies to ensure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility, AND; • Provide disposal tickets, field inspection and quality control reports and other data _cr,.;P * fn nrn, irtP c11hctantiation for FEhtA, and state reimbursement, AND; Re:iew 1.and advise on eligibility opportunities for disaster reimbursements or funding fee Losses associated with and not associated with the work of the contractor o Training of personnel has been combined and addressed in more detail in an earlier scope by DRC in this section of the Agreement. c DRC will assist Monroe County in preparation of FEMA and State reports for reimbursement, including training of Government emplovices and review of documentation prior to submittal. o DRC will provide documentation through disposal tickets, field inspection, quality control reports and other data sufficient to provide substantiation for FE.NLA and state reimbursement as described in DRC's Debris Management Guide and Quality Control Manual. 11")R/n? Contract No. J1 _ i II 01-C-110 1 I e There is no additional charge for this service when it relates to the services provided by DRC, during disasters and/or emergencies. During non-disaster activities and for services not provided directly by DRC any technical proiect or management and/or engineering will be invoiced at the Project Management fee and/or rate attached to this Agreement. During non-disaster activities any technical program management, not inclusive of training or planning discussed previously, this service will be invoiced at the Project Management fee and,'or rate attached to this Agreement. • Contractor will be responsible for all roadway damage caused by the contractor during clean-up operations o DRC will be responsible, and has a record of rapid claim settlement, for all roadway damage caused by the contractor during clean-up operations, that is a direct result of negligence. Damages caused by normal and necessary debris operations, that are not a result of negligence, are eligible for reimbursement from Federal and state reimbursement of the costs for repair. • Perform other disaster response and recovery activities as necessary, and as requested by the contracting agency o DRC provides all services related to emergency and disaster response and recovery. Each of our contracts contains the following clause, which answers this scope: The GOVBRNbIENT may at any time, as the need arises, order changes within the scope of services without invalidating this Agreement. All services related to disaster response and recovery shall be deemed as germane to the intent of the .Agreement. The GOVERNMENT and the CONTRACTOR shall authorize all changes affecting the proiect's costs or modifications of the terms or conditions of this Agreement by means of an official written Contract Change Order that is mutually agreed upon and signed. All changes must be recorded on a v°ritten Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. 2. HOURLY RATES Hourly rates to be applied to Scope of Services as referenced in attached list of services. Equipment Description with Operators) LTnit Un it Price ,. 30 Ton or larger Crane 1 Hour $I?0.00 Slum Grinder Hour 1 $165.00 cr ,nnn Track-floes—John Deere 690 or equivalent I Hour $125.00 ��. :I-Loader644orequnalent Hour $120.00 _ j Lczers or equivalent Hour $12G 00 John Deere `44 or equivalent Hour $110.00 Fauipment Trencports Hour. i $90.00 Truck ------- - -- Hotu j $65.00 Bader Hour $60.00 eith box blade Hour 1 $35,00 5-14 Cubic Yard Dump Truck Hour $55.00 -ubic Yard Durrip Truck Hour $65.00 ibic Yard Dump Truck Hour $75.00 ";tic Yard Dump Truck Hour $90.00 C,,:tract No. 22 - 01/_K02 L r C-01-C-110 45-54 Cubic Yard Dump Truck Hour $100.00 55-64 Cubic Yard Dump Truck 1 Hour $110.00 65-74 Cubic Yard Dump Truck I Hour $115.00 75+ Cubic Yard Dump Truck I Hour 1 $135.00 Diamond Z or Equivalent Tub Grinder Hour $550.00 Water Truck (2,000 Gallon) Hour $97.00 Rubber Tired Backhoe Hour $90.00 Motor Grader Hour $110.00 Personnel Description Unit Unit Price Climber with ear Hour $95.00 Superintendent with Truck Hour $55.00 Foreman with Truck Hour $55.00 Operator with Chainsaw Hour $31.00 Sunec ersonnel with vehicle Hour $31.00 Traffic Control Personnel Hour $26.00 Ins ector with vehicle Hour $34.00 Safety Su erintendent Hour $3R.75 Laborers Hour I S31.00 w Contract No. - 23 - 0 V/ 8/02 L �' 01-C-I10 3. H AZARDOti S MATERIALS AND ABATENIENT PRICING PERSONNEL PROJECT CLASSIFICATION Per Hour OT PROJECT COORDINATOR $136.50 $204.75 FIELD HAZ MATERIAL MANAGER $89.051 $133,58 HM CONTAIN AREA MANAGER $89,05 $133.58 FIELD PROJECT SUPERVISOR $78.65 $117.98 H7vf CONTAIN AREA SUPERVISOR $78.65 $11T981 FLELD PROJECT FOREDLAN $72,931 $109.40 Hhl CONTAINMENT AREA FOREMAN $72.93 $109.40 FIELD HMTECHIv'ICIAN $68.25 $102.38 HM CONTAIN AREA TECILNICIAN $68.25 $10238 HEALTH & SAFETY SPECIALIST V8.65 $117.98 PROJECT ENGINEER $78.651 $117.98 PROJECT GEOLOGIST $78.651 $117,98 CHEMIST $78.651 $117.98 REGULATORY MANAGER $89,051 $133,58 EQUIPMENT OPERATOR $60.061 $90.09 A. BESTOS ABATEMENT SUTERVISOR $54.60 $81,90 ASBESTOS ABATEMENT WORKER $49.40 $74.10 ASBESTOS INSPECTOR $65.00 $97.50 TRUCK DRIVER $62.92 $94,38 ADMINISTRATIVE ASSISTANT $41.60 $62 40 CLERICAL $31.85 $47 78 VEHICLES/TRANSPORTATION DESCRIPTION COST UNIT PICKUP TRUCK $101.25 DAY PICKUP TRUCK EXTENDED CAB $114.75, DAY PICKUP TRUCK 4 X 4 $114.75 DAY" PICKUP TRUCK 1 TON $15525 DAY BOX TRUCK $162.00 DAY PASSENGER CAR $87.75 DAY 20' RESPONSE TRAILER $405.00 DAY ��----ri--1aSYOiVJE. ltcAlick aYV.;.vv, .�:,t (OFFICE TRAILER $27000 DAY" FT bED TRAILER $81.00 DAY r�`EHICLE USE-PICKUPS. VANS. CARS $0.46, �dII E LLVEHXME USE- TRAII,ERS_ HEAVY TRUCKS S0.65 MIl.E 17' G IRK BOAT W NIOTOR r $155.25! DAY 1 RK BOAT W'O MOTOR $87 -5I DAY _AI TRUCK 3500 GALLON $1.620.001 DAY PE7SON AL PROTECTIVE EQUIPMENT (PPE) DESCRIPTION COST L'NIT Contract No - 24 - 01,2s"02 L7. ^ 01-C-110 LEVEL A EMPLOYEE FLLLY ENCAPSULATED SUIT, SCBA, 1 SCBA BOTTLE, GLOVES AND BOOTS (DOES NOT INCLUDE $455.00 DAY SUIT. GLOVE,OR BOOT REPLACEMEN (LEVEL B EMPLOYEE PROTECTIVE COVERALL, SCBA OR AIRLINE RESPIRATOR, GLOVES, BOOTS, AND HARD HATS $227.50 DAY" (DOES NOT INCLUDE COVERALL OR GLOVE REPLACE.) LE\EL C EMPLOYEE PROTECTIVE COVERALL, HALF OR FULL 1-r C'E RESPIRATOR, CARTRIDGES, GLOVES,BOOTS, AND $110.50 DAY !HARD HATS (DOES NOT INCLUDE COVERALL, CARTRIDGE, OR GLOVE REPLACEMENT) SCBA BOTTLES REFILL-AFTER THE FIRST INCLUDED IN $22.10 EACH LEVEL A &B CHARGE ABOVE CASCADE AIR SYSTEM PER EMPLOYEE $97.50 DAY ls ILTRATIONPANAL $189.50RESPIRATOR EACH INCLUDES 150 FEET OF AIRLINE $83.20 DAY IRATOR AIRLINE 50' SECTION $16.90 EACH RESPIRATOR CARTRIDGES $32.50 PAIR !LEVEL A SUIT-KAPPLER RESPONDER OR EQUAL $812.50 EACH LEVEL B SUIT-KAPPLER RESPONDER OR EQUAL $500.50 EACH TYVEK $6.50 EACH PROSHIELD $10.40 EACH SARANEX $19.50 EACH ACID SUIT $117.00 EACH RAIN SUIT $39.00 EACH NEOPRENE GLOVES $15.60 PAIR NITRILE GLOVES $18.20 PAIR SILVERSHIELD GLOVES $33.80 PAIR PVC GLOVES $1040 PAIR COTTON OR LATEX GLOVES $2.60 PAIR LEATHER WORK GLOVES $15.60 PAIR PVC BOOTS (HAZ.. LkX) $24.70 PAIR BOOT COVERS $9.10 PAIR HEARING PROTECTION $2.60 PAIR HIGH HAZARD PERSONNEL DECONTAMINATION $422.50 DAY LOW HAZARD PERSONNEL DECONTAMINATION $227.50 DAY PORTABLE EYEWASH STATION $45.50 DAY" FIRST AID STATION $26.00 DAY PERSONNEL RETRIEVAL SYSTEM $3 i0.50 DAY" PERSONNEL RETRIEVAL HARNESS $80.60 DAY b NIU N IT0121N G/SAiNIPLLN G LQ U IPivILiN l DESCRIPTION COST j KNIT �CONIBUSTIBLE GAS INDICATOR 01 DAY_ TOVIC GAS DETECTOR _ $78.00 DAY_ y140 -OIONIZATION DETECTOR $130.00 DAY AT KIT $585.00 DAY -TOR TUBES $65.00 TEN PACK PH PAPER $13.00 PACK ''T'ILL CLASSIFIER $6.50 STRIP "-ONNEL AIR SAMPLING PUNIP $52.001 DAY ITOS BULK SAMPLE $32501 EACH Contract No. - 25 - OV28/02 I_; 01-C-110 HAND AliGER STAPJLESS STEEL $45.50 DAY HEAVY EQUIPMENT DESCRIPTION COST UNIT MECHANIZED BROOM $58.50 HOUR P.;(-KHOE (35.00/HOUR AFTER 8 HOURS) $552.50 DAY FBACKHOE EXTENDAHOE (40.00/HOUR AFTER 8 HOURS) $617.50 DAY TR CKHOE 490 OR EQUIVALENT(80.00/HOUR AFTER 8 HRS) S1,092.00 DAY BULLDOZER D4 OR EQUIVALENT (70.00 HOLR AFTER 8 HRS. $975.00 DAY 12 TON LOWBOY" (15.00/HOUR AFTER 8 HOURS) $110.50 DAY 50 TON LOWBOY(30.00IHOUR AFTER 8 HOURS) $416.00 P.^.Y (SKID STEER BOBCAT) (35.00/HOLR AFTER 8 HOURS) $344.50 DAY D�TRUCK $123,50 HOUR RECOVERY EQUIPMENT DESCRIPTION COST UNIT HAND OPERATED TRANSFER PUh F $84.50 DAY 1" DIAPHRAGM PU1vII' $130.00 DAY 2" DIAAPHRAGM PUMP $175.50 DAY-� 2" Ill APHRAGM PUMP S S $247.00 DAY 3" DLAPHRAGM PUMP $227.50 DAY" F SUCTION OR DISCHARGE HOSE $58.50 DAY 2" SUCTION OR DISCHARGE HOSE $78.001 DAY 3" SUCTION OR DISCHARGE HOSE $123.50 DAY 2" CHEMICAL SUCTION OR DISCHARGE HOSE $227.501 DAY" 3" CHEMICAL SUCTION OR DISCHARGE HOSE $487.501 DAY SMALL COMPRESSOR $78.001 DAY �185CFMCOINEPRESSOR � _ $156.00j DAY jAT,HOSE SECTON $26.00; DAY MISCELLANEOUS EQUIPMENT DESCRIPTION COST UNIT YORT:\BLE LIGHT STA\D $78.00 DAY 4000-5000 WATT GENERATOR $91.00 DAY ELECTRICAL CORD SECTION(50') $IV,40 DAY cvnr ❑ no $6.50 DAY_ A LESS SPRAYER $97.50� —DAY PF '`SSLRE WASHER $84.50DAY ti -ER HOSESECTION (G-�RDEN) $19.5(11 EACH CUTTING TORCH $45.501 D Y �F.�:�F AIELDER $84.50j DAY _ MOWER S32.50; DAY" r ' AC $78,00'DAY b - -L CART $19 50 DD WHEELBARROW i WT-RELB.ARRO W � $10.40 AY Gi= DRY SPREADER $19.50 DAY l'IC CONTROL RESTS. CONESS,FLAGS,BARRELS. ETC. $110,50 DAY Contract No 26 - 01/28i02 BRC-01-C-110 DRILL WITH BITS $23.40 DAY GROUNDING CABLE AND ROD $52.00 DAY CIRCULAR SAW $26.00 DAY HAND TOOLS PER EMPLOYEE SHOVELS, SCOOPS,BROOMS, $31.85 DAY RAKES, HOES,ETC. TOOL KIT HAMMERS, PLIERS, SCRE`ADRINBRS, ETC. $58.50 DAY RT: NCH KIT BUNG WRENCH, SPEED WRENCH, PIPE WRENCIA, $?1.50 DAY SOCKETS, CHANNEL LOCKS STEPLADDERS $15.60 DAY TENSION LADDERS $32.50 DAY EX PHOTOGRAPHIC EQUTPMEN 1 $36.40 DAY PORTA IOIIN $$260 EACH 50 DAY FLASHLIGHTS . HANDHELD RADIOS $104.00 DAY DECONTAMINATION CHARGE FOR .ALL VEHICLES AND Quoted at time of EQUIPMENT need. NLATERIALS/DISPOSABLES DESCRIPTION MIM NIT 5" X 10' ABSORBENT BOOM-PETROLEUlyl ACH F3X 1' 10' ABSORBENT BOOM-PETROLEUM ACH 12' ABSORBENN7 BOOM-UNIVERSAL_ ACH ?F�ORBENT PADS BUNDLE-PETROLEUM ACH ABSORBENT PADS BUNDLE- U"NINERSAL ACH ABSORBENT CLAY BAG ACHDRY ACH PEAT N40SS $13.00 EACH VERMICULITE $20.80 EACH SODA ASH BAG _ $1170 EACH 14 MIL 20 X 100 POLYET}nLENE $52.00 EACH 6 MIL 20 X 100 POLYETHYLENE $71.50 ROLL BAGS "S58,50EACH CH DUCT TAPE OLL 55-GALLON DRb'lMS ACH55-GALLON DRUM LINERS 10 MIL ACHFIFtFRDRUMS ACH30-GALLONOYTRPACK ACHACHnnTTJA7APT -cZWACTPrARFrc ACH FIRE EXTINGUISHER $52.00 EACH t ION/HAZARD TAPE $39.00 EACH t,-cbFiRATOR WIPES $2.60 EACH I_,VPLER TAPE 558.50 _ ROLL " '70IN RECOVERY DESCRIPTION —� COST LNIT Rcf�eeratorsFreczers/Window Air Conditioning Umt Each $170.00 - Quoted at Lune T atrial Air Conditioning Unit need Contract No. _ - 27 - O 1%2 8!02 -01-C-110 4. TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM 1: PROGRAM MANAGEMENT ASSISTANCE SEE,VOTE (1) 1. PUBLIC ASSISTANCE PROGRAM a Damage Suney Report IDSRI or project Worksheet PW i. Official DSRPW requests — Assist GOV ERNIvIENT personnel in the following: a) Identification of expenditures eligible for reimbursement b) Submission of official "request for DSR inspection" ii. Local government representation on DSR/PW team— Train and assist GOVERNMENT personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW for accurate scope of work c) Review of DSRRPW for accurate unit costs iii. Recover} process documentation— Assist GOVERNMENT personnel in the following: a) Creation of recovery process documentation plan b) Maintenance of documentation of recovery process iv. Force account labor vs. contract labor fficials on need to contract or utilize a) Recommendations to government o force account labor v Recovery process oversight a) Recommendation to government officials on need to contract for project management for projects requiring intense oversight b) DSRRPW tracking through State and Federal process c) Written and oral status reports to goy ernment officials b Documentation Support i. Review of records system for applicability to Federal and State requirements ii. Orientation and training of Department/Division Heads on requirements for quality and quantity of required documentation iii. Assist in selection of"Clerk of Records" and provide detailed training for documentation iv. Review documentation for accuracy and quantity v. Assist in preparation of claim documentation c Consultation and negotiation services a ernment officials on issues involving Federal and State ii. Provide guidance to go,, reimbursement ials in negotiations with Federal and State officials iii. Assist GOVBRNQ\ ENT offic d, other representations as Tray he requested ! re aired i l:is is the concept r`complete recover}'rnanagemi nl support Nhere CO,A'T2IC7-09 ti+'ould a.cnst On rr nll aspects of the reeorery process CO. 7R9CTOR persorviel cannot assume the Sovereign Put es of the Ci06ER.�M officials,o cials, thcrcfore tnesc services shall he in the form ofguidance and consultvtion. All --ts associated with ilus service dunno disaster activations are included as DRC oN crhead. During non-disaster c [inns,the following Project Management Assistance Fees/Rates will apply. g 01/28/02 Contract No. _ l� �-01-C-110 ITEM H: PROJECT MANAGEMENT ASSISTANCE SEE NOTE (2) 1. Define and/or review project scope of work 2. Assist government body in writing"request for proposals" 3. Review proposals,tbids 4. Provide recommendations for award of contract 5 Define and/or review contract items 6 Ensure quality work through inspections and management technique a) Oversee project for compliance with scope of work b) Design methods to maintain documentation to verify consistency with scope of work and FED A eligibility c) Support the requests for payment to ensure compliance with contract terms d) Develop progress reports for government officials e) Verify completion of scope of work task items for contract close-out 0 Produce final inspection report for use in close-out audit for reimbursement by FEMA 7. Examples of projects a) Debris removal and disposal b) Demolition and disposal of public and/or private property c) Construction of emergency protective measures i) Berms ii) Dikes iii) Levees iv) Darns d) Force account labor and,/or contract protects e) Reconstruction arid./or repair of i) Airports and facilities ii) Water, wastewater and industrial waste treatment plants iii) Hospitals, schools and office buildings iv) Power Plants v) Highway and railway tunnels vi) Pumping stations vii)Incinerators and/or composters viii) Waterfront and/or marine terminal facilities ix) Industrial buildings, warehouses, garages, hangars and comparable structures x) Highway and railway bridges xi) Roads and streets xii) Com entional levees, flood walls and retaining walls xiii) Small dams x v) Storm sewers and drains xv) Sanitary sewers )Cvi) Water distribution lines n,ii) Irrigation works (. is 7hts is the concept of complete project manaeemettr suppa�t wo ha DRC w Inc. ould represent an applicant in ell aspects of a particular project, where DRC Inc. is not the contractor physically performing the sen c,, to include management orjoree account labor, ecntract and contractor. Contract No - 29 - Oli=8/02 Eli _, 01-C-I10 • 1 I DRC, Inc. will provide Project Management Assistance as defined in the above scope during non-disaster operations at the following costs: Job Title Unit Rate Vice President/Project Director/Principal Hourl $150.00 Senior Project Manager Hourl $120.00 Pmiect Mana er Hourl $95.00 I ic,_i Coordinator - Hourly $75.00 Field Inspector Hourl $65.00 Project Adm nistrator Hourly $55.00 Teleconferencing shall be invoiced at a minimum one(1)hour and subsequent hours. As-Needed-On-Sight-Consultation shall be billed at a minimum 4 hours for a single twenty-four(24)hour trip to the GO'vBRNMENT. Temporary-Full-Time-On-Sight-Consultation requiring an overnight stay,where DRC personnel are unavailable for deployment to other DRC clients, will be billed at a rate of a minimum of eight (8)hours per day. Should the GOVERNMENT determine that Saturday's or Sunday's be considered a"dap-off' and the following Monday is a "work-day", DRC personnel will not be billed at the hourly rate for that day,but will bill for out-of-pocket costs (see below). Should the GOVERNMENT determine that Saturday and Sunday are both a"day-off' and the following Monday is a"work-day", then DRC shall invoice for personnel at four(4)hours total for both days, per person, as stand-by time over these days. MI Out-of-pocket costs shall be invoiced to the GOVERNMENT at actual cost. Out-of-pocket costs include,but are not limited to: lodging, rental vehicle,airfare, per-diem and/or actual subsistence dependant upon person, normal office supplies as required, etc. During disaster operations,DRC will invoice the GOVERNMENT a Fee for Project Management Assistance by a fixed fee based on projected project cost, which will be applied at time of need, based on the size, cost and complexity of the project. ti Contract No. - 30 - 01/28/02 D 01-G110 i I 5. PACKAGED ICE Packaged Ice, delivered Cubed or "turbo' ice in 5 to 40 pound sealed Pound $0 40 plastic bags. Ordered in 40,000 pound Unloading by client, Up to 2 hours free time for unloading included in price Unloading Transloading at Deliver} Site 5 truck load(200.000 pounds) per day for 7 Pound $0.06 days (minimum order applies to each specified delivery locadonisite Daily Cold Storage (40' Container Rental) Minimum 7 Day Rental Period Each $574.75 Contract No - 31 - 01i28/02 T_)RC Cl-C-110 G. BOTTLED WATER Bottled Drinking Rater Delivered 1.5 liter to 2.5 gallon PET containers. Palletized. Must be Liter $0 66 ordered in increments of 18,000 liters ((+ or-; 10%variation in Quantity appliers. Unleaded by Client. Up to t2 hours free time for unloading included in price Unloading/Transloading at Delivery Site 10 Truckload (180,000 liters) per day for 7 days (minimum Liter $0.06 order) applies to each specified delivery location'site Daily Dry Storage(40' Container Rental) Minimum 7 Day Rental Penod Each $13'50 �.a Contract No 32 - 01 i_8/02 1 t 7. GENERATOR PRICEti G Transport/'Haul Owner Generators One Way Distance up to 25 mile Radius,excludes fuel Up to 30 KW size Each $525.25 31 KW to 75 KW size Each $57 7.50 76 KW to 250 KW size Each $629.75 251 KW to 500 KW size Each $682.00 501 KW to 1 MW size Each $787,88 One Way Distance up to 50 mile Radius, excludes fuel Up to 30 KW size Each $1,150,50 31 KW to 75 KW size Each $1,155.00 76 KW to 250 KW size Each $1,260,88 251 KW to 500 KW size Each $1,365.38 501 KW to 1 MW size Each $1.575,75 One Way Distance up to 75 mile Radius, excludes fuel Up to 30 KW size Each $1,575.75 31 KW to 75 KW size Each $1,733.88 76 KW to 250 KW size Each $1,890.63 251 KW to 500 KW size Each $2,048.75 501 KW to 1 NIW size Each $2,363.63 One Way Distance up to 100 mile Radius,excludes fuel Up to 30 KW size Each $2,101.00 31 KW to 75 KW size Each $2,311.38 76 KW to 250 KW size Each $2.521.75 251 KW to 500 KW size Each $2,732.13 501 KW to 1 N1W size Each $3,152,88 One Way Distance Greater than 100 mile radius, excludes fuel,per mile Up to 30 KW size Mile $21.01 31 KW to 75 KW size Mile $23.11 76 KW to 250 KW size Mile $25,22 v 251 KW to 500 KW size Mile $27.32 501 KW to 1 NfW size Mile $31.53 Install Owner Generators Up to 10 KW size Each S2.128.50 11 KW to 30 KW size Each $2,393.88 31 KW to 75 KW size Each S1600.13 76 KW to 100 K� sizc Each $2.897.11 101 KW to 250 KW size Each $4,881.25 �51 KW to 500 KW size Each $11,479,88 501 to 1 MW size Each $20,114.88 i Contract No. - 33 - 01/28/02 D': 1-C-110 l 1 Perform Preventive Maintenance on Owner Generators (Daily Rate is for Each Generator being maintained) All/Any Sizes Each $2,128.50 Fuel Reimbursement at Actual cost, plus G&A,plus Fce Service Owner Generators Up to 30 KW size Each $526.63 31 KW to 75 KW size Each $607.75 76 KW to 100 KW size Each $829.13 100 KW to 250 KW size Each $1,090.38 251 KW to 500 KW size Each $1,150,88 501 KW to 1 MW size Each $1,740.75 Relocate/Recover Owner Generators (per removal price) Up to 30 KW size Each $525.25 31 KW to 75 KW size Each $577.50 51 KW to 75 KW size Each $605.00 76 KW to 250 KW size Each $629.75 251 KW to 500 KW size Each $682.00 501 KW to 1 MW size Each $787.88 Site Assessment(will be billed actual time, in whole hour increments, for each location where gencrator(s) installed, in addition to installation prices(s)) Mobilize/Demobilize Generator mission personnel to GOVERNMENT (In addition to other prices/rates listed) Mobilization Per Person $1,375.00 Demobilization Per Person $1,375.00 Contractor Provided Generators Rates quoted are for the high end of the range. Pricing for generators within the range Hill be invoiced at a lower cost Size Range Daily Weeldy Monthly 0-30 KW $213.13 $639.38 $1,918,13 31-75 KW $319.00 $958.38 $2,876.50 251 - 500 KW $1,189.38 $3,973.75 $10,676.88 501 KW- 1 %IW $2.062.50 $6,187.50 $18,562.50 Contract No. - 34 - 01/28/02 D1'C.01-C-110 1 ) 8. TEMPORARY HOUSING, OFFICES AND SUPPORT FACILITIES 8 Foot Wide Units 8x20 Galley $2,681.25 8x20 Storage $240.63 8x20 Bunkhouse w/o Bath $1,716.75 8x20 Bunkhouse $2,131.25 800 GallecDiner with all commercial equipment $4,468.75 8x40 Diner $2,131,25 8x40 Bunkhouse $2,131.25 8x40 Office $2,131.75 8x40 Laundry with 4 Washers, 6 Dryers, & Storage $3,506.25 8x40 Storage $309,38 8x40 Bathroom Facility $3,368.75 8x8 Office $1,031.25 8x8 Log Unit $2,131.25 8x8 4-Man Emergency Quarters $1,306,25 8x8 to 800 Grocery Box $412.50 8x10 Medical Treatment Center $2,131.25 2 Washers and 3 Dryers $1,718,75 8x10 Mud Lab $2,131.25 SX10Office $1,168,75 8x20 Office $1,718.75 8x20 Bunkhouse with Bathroom $1,718.75 8x20 Lounge $1,718.75 8x20 Mud Lab $2,543.75 Sx20 Medical Treatment Center $3,368.75 8x20 Laundry with 3 Washers & 4 Dryers with Storage $2,131.25 10 Foot Wide Units 10x20 Galley/Diner $3,093.75 10x20Bunkhouse $1,993,75 1Ox20Office $1,856.25 1Ox32 Galley with all commercial equipment $5,293.75 1Ox32Diner $2,543.75 v 10x32 Laundry with 4 Washers, 6 Dryers & Storage $0,643.75 l0x32 Recreation Room $2,543,75 • pn "S 1 Ox40 Galley/Diner with all commercial equipment $5,431.25 10x40 Recreation Room $2,681.25 1Ox40 12-Man Bunkhouse $2,681.25 12x12 Wash R00m $1,650,00 12xl2 Office $2,268.75 12xl8 Office $2,062.50 12x18 Laundry $1,856.25 12x24 Sleeper $37093.75 12x24 Office $3,093.75 12x24 Galley $3,918.75 12x24 Recreation Room $3,093.75 1202 Galley $4,125.00 Contract No. - 35 - 01/28/02 llRC -01-C-fi 0 � 1 12x33 Sleeper $4,125.00 1203 Office $4,125.00 1203 Galley $5,300,63 1203 Diner $3,506.25 United States Coast Guard Buildings 12x25 Galley $5,362.50 12x25 Office $5,362.50 12x25 Slccper $5,362.50 16 loot Hide units 16x4020-Man Bunkhouse $4,893.63 16x40 Classroom $5,293.75 16x40 Galley/Diner $6,668,75 United States Coast Guard Buildings 9x42 8-Man Bunkhouse $5,293.75 9x42 4-Man/Laundry $5,018.75 1000 4-Man Bunkhouse!Office $5,293,75 IOx30 8-Man Bunkhouse $5,293.75 1Ox32 8-Man Bunkhouse $5,293.75 1Ox24 6-Man Bunkhouse $4,468.75 10x24 4-hlan Bunkhouse $4.468,75 �r No. - 36 - 01/28/02 -C-110 .�- 16H, rl ME GRAY INSURANCE CONfPANY CERTIFICATE OF INSURANCE NO 91 CERTIFICATE HOLDER NAMED INSURED Monroe County Board of County Commissioners DRC, Inc., DRC Railser✓ices, Inc. Public Works Department "40 Museum Drive Attn:. Beth Leto Mobile, AL 36608 11DO Simonton Street Key West, FL 33040 ® YES ❑ NO Do ell policies contain a Waiver of Subrogation in favor of Certificate Holder if required by written contract? ® YES ❑ NO Do all policies except the Workers' Compemation name the Certificate Holder os Addiuccal Insured if required by written ccruract? ® YES ❑ NO Do policies provide 30 days written notice of cancellation,to Certificate Holder? ® YES ❑ NO Is coverage under all Insurance carried by Named Insured Primary Insurance if required by written contract? .1 LE HTS OF LIABILITY IN CONURMATION TIDE OF LNS[JRANCE POLICY POLICY THOLSA.NDS OF COVE GE NUMBER PERIOD (000) WORKERS' COMPENSATION & XSWC-070148 02f25f2W2 WORKERS COMPENSATION Statutory EMPLOYERS LIABILITY 0310 V2005 ' EMPLOYERS LIA-BILITY ® YES ❑ NO U. S. Longshoremen's and Harbor Workers' Each Accident $ 1,000 Compensation Act Coverage Disease-Policy Limit $ 1,000) ® YES ❑ NO Outer Continental Shelf Lend Act Disease-Each Employee $ 1,000 ® YES ❑ NO Jones Act(including Transportation, Wager. Maintenance, and Cure), Death on the High MARITIME EMPLOYERS Seas Act&General Maritime Lew LIABILITY $ 1.000 ® YES ❑ No Volumary Compensation Endorsement ® YES ❑ NO Other States Insurance IN YES ❑ No Alternate EmployeriBorrowed Servant Endorsement R YES ❑ NO "In Rem" Endorsement ® YES ❑ No Gulf of Mexico Territorial Extension GENERAL LIABILITY XSGL-0?2ib9 02r25,2002 Form&Edition Date ISO CG 00 01 11l88 03/01/2005General Aggregste Unlimited _ Products-Comp,OPS Agg. $3,000 M YES ❑ NO Broad Form Property Damage Liability "' Personal&Advertising Injury $ 1 000 mucu..rg A, s , u Each Occurrence $i,000 ® YES ❑ NO Products''Completed Operations Fire Damage $ 50 ® YE ❑ NO ContraMal Liability (Any one fire) ® YES ❑ No Snc ice end Accidental Pollution Liability M"'icel Expose $ 5 ® YES ❑ NO Occurrence Form (Any one person) ® YES ❑ NO Personal htjury IN yrrs ❑ FO In Rem" Endcrsem,ent i3 YES ❑ NO Cross Liability YES ❑ (`O P'rtcr rl.fl cXclusien has boon rr,odifir.d by the vessels endorsement on scheduled equipment - I � G.; G 111CONFIRMATION POLICY POLICY LIMITS OF LIABILITY IN TF COVERAGE TYPE OF INSURANCE NUMBER PERIOD THOL'SANUS (000) AUTOMOBILE LIABILITY XSAL-07,2566 0225/2002 03,01;2005 ® YES ❑ NO Any Auto Bodily Injury&Prcrerty $ 1,000 ® YES ❑ NO All Owned Autos Damage Combined ❑ YES ❑ NO Scheduled Autos YES ❑ NO Hired Autos ® YES ❑ NO Non-Owned Autos EXCESS LIABILITY GXS-041316 02/25/2002 ® YES ❑ NO Excess Form 03/01'2003 Each Occurrence $ 4,000 Aggregate $ 4,000 JOB OR PROJECT DESCRIPTION .1 i SPECIAL CONDITIONS BUSINESS AUTO COVERAGE INCLUDES FHYSICAL DAMAGE, $:50 DED., R P S500 DED_, ALL CPHER VEHICLES; SPECIFIED PERILS, $25 DED. . . Should the insurance herein described be cancelled, assigned or changed in such a manner as to affect this certificate, THE GRAY INSURANCE COMPANY will endeaver to give thirty ( 30 ) days written notice to the certificate holder, but failure to do so shall impose no obligation or liability upon THE GRAY INSURANCE COMPANY. n,.^ OV BY I �9G€MENT WAIVER NIA�YES_�� '��/�l�1��Y T IE GRAY r�SLRAII�C ONIPANY 3601 N. 1-10 Service Rcad West, Metcine,LA 70002 DATE: _03,04:-,002 FORM NO. 135 REV. 1101. 111777 ft- 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 Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services VIA: Leo Williams, Supeintendent of Public Services Date: July 17, 2007 Staff is recommending the approval by the Commission at the July 24, 2007 meeting of allowing agreement of a contract for Disaster Relief Services with DRC, Inc., for the period of one year with renewal options as spelled out in the current City of Tampa contract. There is no cost associated with this contract unless there is a need due to a natural disaster such as a hurricane. During the last few years of active hurricane seasons while Ashbritt has been very responsive and helpful in achieving the very quick clean up we accomplished and were more then able to provide whatever help we requested despite the volume of need this State required, the County has recommended all Govermental agencies have secondary contracts as backup in case of a Katrina like disaster here. Staff has decided at this time DRC, Inc., is best fitted for that role with the agreement that though we will be piggybacking off of the Tampa contract there will be an amendment to ours assuring us of a "Favored Nation" clause allowing the City to use any new contract in the South Florida area that may have more favorable rates. CITY OF DANIA BEACH Agenda Item # d"• / Agenda Request Item Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑X Presentation ❑ Continued from: YIE �t - yL :: E t"r:• ®�,gLyfl��I�yp� ' ,y��g�'./ t E ,^e .amr.rF EIpF#h...L. £ ...•t:. ._o_F._ c'..,6("',kri�Y, , arr. ,.:!, t I ,! .L^' �,�.�, .:, f.r,... ...... Award Bradanna Inc. the construction project of Dania Beach Public Safety Facility 93 Fire Station in an amount not to exceed Three Million Fifty Four Thousand Six Hundred Dollars. Price includes; base bid, plus an alternate additive sealer for the exterior block wall, and a $30,000 contingency. 3..m� The City of Dania Beach needs to move fire and rescue services into the correct response zone for the citizens in the western part of the city. Improved response times for fire suppression and emergency medical services to citizenship. 1 ' #k .. . . t Allows City Manager to enter into an agreement with Bradanna Inc. to construct Public Safety Facility Station 93 as supported by the 2005 bond referendum vote. ass-rare �: .k ,�.. ..{:.. hlvr. a'ee.n 08. [ ti2yia_.E,i d.:�i'S Dept: 2201 Fire Rescue Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ The City of Dania Beach, has developed with the help of Robert McDonald and Associates, the contractual architect for Public Safety Facility Station 93, permitted plans through Broward County to construct an 11.000 square foot Public Safety Facility at 4601 SW 30 Ave. The Bids to construct such a facility were receved into the city clerk's office and opened on July the 3rd, 2007 at 10:30. The bid team consisted of Deputy Chief Cassano, Finance Director Varney, Assistant City Manager Colin Donnelly, and Robert McDonald of Robert McDonald and Associates. The bid documents, references, bonding firms and paperwork regarding their submission were all fully reviewed. All bid team reviewers have been unanomous in their support of the lowest bidder, Bradanna Inc. 2805 South Horseshoe Drive, Suite 12 Naples Florida, 34104. Bradanna Inc. has an impeccable reputation in the construction industry from all interviewed and has constructed very similar public safety facilitites before. For those reasons, the bid award committee had no reason not to present Bradanna Inc., the lowest bidder with their support for bid award. M. Cassano Project Manager $3,039,500 which includes$30,000 in contingency. Funding derived as follows: 1.8 million G.O. Bond $597,000 General Fund $450,000 Fire Impact Fees $80,000 Police Impact Fees FY 2008 budget: $112,000 ($80,000 from Tree Preservation Fund, and $32,000 from General Fund) :. a .. .. .'. .. 1. Recommendation letter from the bid award committee 2. Tabulation Bid Sheet 3. Bid Reference Sheet 4. Robert McDonald and Associates Recommendation Letter in support of Bradanna Inc. 5. Bradanna Company Profile 6. Resolution -Exhibit 1 Exhibit 2 Exhibit 3 -Exhibit 4 Exhibit 5 -Exhibit 6row Exhibit 7 Exhibit 8 ev j�y�, pynK .G4Wt Submitted by Michael Cassano Date 07/16/07 Department Director Michael Cassano Date 07/16/07 Assistant City Manager Colin Donnelly Date 07/18/07 HR Director Date Finance Director Patricia Varney Date 07/17/07 City Attorney Thomas J. Ansbro Date 07/18/07 City Manager Ivan Pato Date 07/18/07 , ,. NOR Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF CONTRACT FOR THE PUBLIC SAFETY FACILITY 93, LOCATED AT 4601 SW 30T" AVENUE; AUTHORIZING THE AWARD OF BID TO BRADANNA, INC. IN THE AMOUNT OF $3,039,500.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 3, 2007, the City received bids for the Public Safety Facility 93, located at 4601 SW 30`h Avenue; and WHEREAS, the City bid selection team recommends that the low bidder, Bradanna, Inc., be selected to perform the work, and that the bid be awarded to that company in the amount of $3,039,500.00; 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, Bradanna, Inc. in the amount of$3,039,500.00, 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. Section 3. That the City Manager is authorized to pay Bradanna, Inc. an amount not to exceed $3,009,500.00 with an additional 1.0% construction project contingency equaling $30,000.00, for a total amount not to exceed$3,039,500.00. Section 4. That the Director of Finance is authorized to appropriate $450,000.00 from Fire Impact Fees; $80,000.00 from Police Impact Fees; $597,000.00 from the General Fund Balance and to budget the landscape costs in the amount $112,000.00 in FY 2008 budget of which $80,000.00 will be funded from the Tree Preservation Fund to complete the funding of this project. Section 5. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement and documents as are deemed necessary and proper for the best interests of the City. Such Agreement and award of the bid shall not be deemed accepted by the City unless and until the City has completed its execution of the Agreement. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-135 Z O � a U ° a u � U a ° a Y R = pa O u o u w cO « y w O } +�' k w •'' ° p w w �+ � � o yaw w �- � u ;; � o0000 00000 R � ,°° .� 0000ro 000000 7 O W 69 H9 O o 3 � • 3 w a � v�u: � wq �d:u: C Q en 7 N en 7A kn M .� � z 6 A o ° � es atata �tat usxtarxatat F C0 � QU � o 0 0 0 � dddd ddddd' d w ci u u u u v U o 0 o v a n d d W H 39 AAAA va d O ' o z •C u A d -d d zzzz "'o � O •V d U aS � w �: + p F � m Q e WI v o a z o a •� � a� N �C VD ,� o M wo N ..Ti Qa W [� C'. W cd 00 p N 3 y O q V 3O0000 F' R Z Cd U n o Z v to W y L U W N x d x M ci F Ca p 'e pa U Ix > N d ° „ a v z F °: •c � oa n y W U o � aLi [--' -p kn w ti u w tl00ac � 00 c ro a, Nz ° x 3r a CC C4 0, Cl E N 0 F U. a a U C a a C . z amF a a, d a °z cc �+ d 0, � 0 0 0 0 0 Q Op 0 0 Op O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 O O .-i ON 00 0 OOO M O+ N OOOOOO OOMIV 000 OO MM 000 p 1/' �O .� N D 0 0 0 0 O C 7 00 7 0 to 00 NC R NOON 0000 VA 700 OGM r- OM �-i Oi V to 1n vi ON V1 fM O N Vg 00 .� yg O 69 M 69 O US N Go9 VWi r 619 Gni Gn O v V5 Gn,. 00 � �v O �� Tw 00 Rn N M .-iNMR kn M .rN Me V1 O kn GM 7t �t �t �t 7t yg 7t �t 3k 3k 7t at 69 7k W �t it 3t � M � F M C U C7 �, O m w m rA 0 a ° = ° o c o CC O 00 C. N '0 00 R' O C iYC `D 7 O CrQ O U �D � c 't ti W M M as C O M o cn o ; N C) C'4cl oQwrn A <Wi M to a -Sd o owb 3QG o 0 ul U � b � a uM -0 L1w . um r- zU A O kri .. a . \ \ § . / 0 \ a / ) § w 3 \§ o o j w 2 E § 2 \ A \ k \ ) 2 ■ / § � S e ■ _ # / ) ( f ) 7 \ 2 ) 2 2 = § \ ) 4 ] ƒ f § \ 2 e £ \ s& § g z = ■ a < 3 � 2 � City of Dania Beach Fire-Rescue G Office of the Deputy Fire Chief 4S T 102 West Dania Beach Blvd. Dania Beach, Florida 33004 Phone: (954) 924-3720 F d D Fax: (954) 921-0959 790A, To: City Manager Ivan Pato Cc: Mayor Robert Anton Vice-Mayor Albert Jones Commissioner Pat Flury Commissioner John Bertino Commissioner Anne Castro Department Heads From: Michael Cassano Deputy Fire Chief Date: July 13" 2007 Subject: Public Safety Facility Station 93 Bid Award As the Project Manager for the Public Safety Facility, Station 93, 1 am drafting this memorandum with the full unanimous support and knowledge of the entire bid committee team. After much review and consideration of each of the three lowest bids it has become clearly evident that Bradanna Inc. not only submitted the lowest bid but has an impeccable job performance history, references, similar fire station construction experience, and wonderful bond agency relationship. This recommendation letter will be presented to the Dania Beach City Commission, accompanied with other back-up information as part of comprehensive review done to determine the best firm possible to build the citizen supported, much anticipated, Fire Station 93. The back-up packet will include: a bid tabulation worksheet, company resume, list of subcontractors and a sheet of checked references. I fully intend to be present at the 241" of July, City of Dania Beach Commission meeting where I will be available for any questions or comments as it relates to the process used to reach a consensus recommendation for Bradanna Inc. Very respectfully submitted, Michael Cassano, Deputy Fire Chief 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: July 13, 2007 TO: Mike Cassano, Deputy Chief Fire Rescue City of Dania Beach, Florida FROM: Robert McDonald, AIA/ ROBERT MCDONALD AND ASSOCIATES, P.A. RE: Dania Beach Public Safety Facility Bid Review of General Contractor's Submittals I have reviewed the Bid Proposal submitted by the apparent low bidder, Bradanna, Inc. I have also contacted references, provided by Bradanna, Inc., of previous clients. All responses have been positive. I find no reason, at this time, not to recommend that the City award this contract for the Public Safety Facility , No. 93 to Bradanna, Inc. We look forward to working with them to produce a successful project for all concerned. Should you have any questions, please contact our office. Thank you. BRADANNA INC. TRADE REFERENCES: Curb Systems of SW Florida Contact: French Comments: "I have worked with this company for years and known the owner even longer." Satisfactory business relationship for approximately 10 years. Jensen Underground Contact: Tim Schlief Comments: "Great company to work alongside, great business relationship for approximately 10 years." Environmental Professional Association Contact: Pettram Comments: "Satisfactory business relationship for approximately 7 years." R.D. Johnson Construction Contact: Patten Comments: Satisfactory business relationship for approximately 8 years. LOCAL GOVERNMENT REFERENCES: Collier County Contact: Dayne Atkinson Comments: "Excellent' Collier County Parks/Recreation Contact: Clint Perryman Comments: "Extremely competent corporation, very attentive to the project and timeline for completion, excellent job". BONDING COMPANY North American Surety Contact: Gary Francis Comments: "Working relationship for years, never a problem, very stable construction company, no past bonding issues." NOTE: All contacts reached had positive comments relating to this company. Bradanna, Inc. FAQ S H E E T To: �= Fax number: +1 (954) 5636227 Date &Time: 7/13/2007 9:07:17 AM Pages: 4 Subject: Dania Beach Firestation 93 Sub List FarIt=I Potmation —Please Review `PleeseRespond —Per YoxRequest Comments: Please see the attached sublist for the Dania Beach 93 project. Thankyou From the desk or... Cliff Steinmann This facsimile may contain information that is privileged and confidential and/or exempt from disclosure under applicable law_This transmission a Bradanna,Inc_ intended soley for the individual or entity designated above.If you are not the 2805 S. Horseshoe Drive intended recipient,you should understand that am distribution,copying or use Unit 12 of the information contained in this facimisle by anyone other than the designated recipicdnt is unauthorized and strickly prohibited.Tf you rocived this Naplcs,FL 34104 facsimile in error,please immediately notify the sender by telephone. Ph. 239-455-8891 Far: 239-417-1249 CGC 15007312 I SUBCONTRACTOR NAME: Designs by R and S /Sean Scarth SECTION OF WORK: Drywall Metal Framing PROFESSIONALITRADE EXPERIENCE: Phone 561-242-0014 SUBCONTRACTOR NAME: Berger Mechanical I Chuck Henry SECTION OF WORK: HVAC Mechanical PROFESSIONALITRADE EXPERIENCE: Phone Number I.866-907-8004 CAC 1813408 SUBCONTRACTOR NAME: Air Dynamics /Michael Kavoichych SECTION OF WORK: Plumbing PROFESSIONALITRADE EXPERIENCE: Phone Number 305-654.7977 SUBCONTRACTOR NAME: Jansen Insulation /Harty it I Giddings RO SECTION OF WORK: Electrical PROFESSIONALITRADE EXPERIENCE: Phone Number 501.842-8135 52 i SUBCONTRACTOR NAME: Now River Cabinets Jean Paul N& C Lill I UR Kty iNmvIU7,V77ITr— SECTION OF WORK: Archltectual woodwork PROFESSIONAL/TRADE EXPERICNCE: Phone#954-771.1112 SUBCONTRACTOR NAME: Suncoast Glass /Isabella SECTION OF WORK: Store Front, Glazing and Windows PROFESSIONAL/TRADE EXPERIENCE: Phone x 95a-348-7798 I I I SUBCONTRACTOR NAME: Armstrong Painting /Onn�uu CJreightoe SECTION OF WORK: Painting PROFESSIONALITRADE EXPERIENCE: Phone#501.477-1980 SUBCONTRACTOR NAME: Erripntol Const ucton 1 Daryl L. Bowden AANIMU'TSGT3LUT�T[t IVk �RL•P1N6IVI n SECTION OF WORK- 0oor and Hardware Lnslnll PROFESSIONALITRADE EXPERIENCE: Phone Number 239-4564822 Licence#C9C 1250594 52 SUBCONTRACTORS The following work will be performed (or provided) by Subcontractors and coordinated by the Contractor: SUBCONTRACTOR NAME: Bradanna me /Joe Steinmann NAMrO LON11LACIORn SECTION OF WORK: Site Development PROFESSIONAL/TRADE EXPERIENCE: phone Number 239-455-8891 SUBCONTRACTOR NAMME: RO Hams Construction / Kevin L.Austin A c SECTION OF WORK., Concrete/Mesonrywork PROFESSIONALITRADE EXPERIENCE: Phone Number 239-403-9339 SUBCONTRACTOR NAME: Rapid Fire Co droll /Freddy Fundora s� SECTION Of WORK: Fire Sprinklers PROFESSIONAL/TRADE EXPERIENCE: Phone 954-966-4585 I 51 CITY OF DANIA BEACH Agenda Item # 4f. Agenda Request Item Date of Commission Meeting: 07/24/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑X Presentation ❑ Continued from: Award Bid to Sports Turf One, Inc. for the Laser Grade & Re-Sod Project at Frost, P.J. Meli & C.W. Thomas Parks. 5 tast G2 .� - .. ....t ..,.. ..k :? 1�Mr� Ni in i i 4 e : .iIBR ,6 _m E h . .a_ .:. .Renovate, Re-Sod and Re-Store all Ball Fields to Correct Dimensions at Frost, P.J. Meli & C.W. Thomas Parks. Mr New Sod Playing Surfaces and Ball Fields with Corrected Dimensions at Frost, P.J. Meli & C.W. Thomas Parks. Dept: 7201 Recreation Administration Acct#: Amt: $267,578.00 Fund: General: El water: El sewer: ElStormwater: ❑ Grants: ❑ Capital: ❑X Aliu 7 P'; si t`+,t i ° e PPL �`iI °jj tilt tpY�� I d "� .. � ° .. I ctlaibd"hi ry $267,578. $240,000 funded from G.O. Bond and $27.578 from General Fund. a,;;t r ° ,^ t r t 4t w 't t t r >E ` wKt. �NyaHiote H-Or _ t k n M v� r E• Exhibit 1 Resolution Exhibit 2 Bid Comparison/Tabulation Form Exhibit 3 Memo from Director Jones Exhibit 1 Exhibit 2 �Exhibit 3EMS Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 t ' E _ _ ,u3 t9 P.� R fihM'91 iR 'iP'.. . a mee.iEPyI ... , 9�.'.d 5 ..i'=...�,�, m.. i �'`I L. .......: me x� Submitted by Mark T. Felicetty Date 07/18/07 Department Director Kristen Jones Date 07/18/07 Assistant City Manager Colin Donnelly Date 07/18/07 HR Director Date Finance Director Patricia Varney Date 07/18/07 Cdy Attorney Thomas J. Ansbro Date 07/18/07 City Manager Ivan Pato Date 07/18/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE LASER GRADE AND RE-SODDING PROJECTS AT P.J. MELI, FROST AND C.W. THOMAS PARKS; AUTHORIZING THE AWARD OF BID TO SPORTS TURF ONE, INC. IN THE AMOUNT OF $267,578.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 29, 2007, the City received bids for the laser grade and re-sod projects at P.J. Meli, Frost and C.W. Thomas parks ; and WHEREAS,the City bid selection team recommends that the low bidder, Sports Turf One, Inc., be selected to perform the work and that the bid be awarded to that company in the amount of$267,578.00; 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, Sports Turf One, Inc. in the amount of$267,578.00 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. $240,000.00 of the funding will be derived from the General Obligations Bond. The Finance Director is authorized to transfer $27,578.00 from the Contingency Fund to cover the cost not funded from the General Obligation Bond, Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the terms of documents related to the work as are deemed necessary and proper for the best interests of the City. Section 4. That all resolutions or parts of 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. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-136 BID TABULATION FORM BID OPENING DATE: June 29, 2007 TIME: 10:30 a.m. PROJECT NAME: BID: "Frost, C.W. Thomas, P.J. Meli Parks-Laser Grade & Re-Sod — Bid #07-012" PRESENT AT BID OPENING: (SIGN-IN SHEET MAY BE ATTACHED) Steven Rush,Project Manager, West Construction Mark Felicetty, Senior Program Facilities Manager, Parks & Recreation Dept. Nanci Denny, Purchasing Leo Williams, Public Services Superintendent THE FOLLOWING BIDS WERE OPENED BY: Miriam Nasser, Deputy City Clerk VENDOR BOND 1 ORIGINAL BASE BID 6 COPIES 1. SPORT TURF ONE INC. YES YES $267,578.00 9819 STATE ROAD 7 BOYNTON BEACH, FL 33437-4605 Dell Hoverland—561/375-7808 2. WEST CONSTRUCTION, INC. YES YES $442,303.00 318 S. DIXIE HIGHWAY SUITE 4-5 LAKE WORTH, FL 33460 Steven Rush- 561-588-2027 AFTER THE BID OPENING, THE BIDS WERE TURNED OVER TO THE FOLLOWING FOR FURTHER REVIEW AND TABULATION: Colin Donnelly, Assistant City Manager Patty Varney, Finance Director Kristen Jones. Parks & Recreation Director Mark Felicettv, Senior Program Facilities Manager, Parks & Recreation Mardie Holloway, Public Services Department Kristen L. Jones, MS Director, Parks and Recreation 100 West Dania Beach Blvd. Dania Beach,FL 33004 in Phone: 954-924-3730 Fax: 954-924-3629 kjones@ci.dania-beach.fl.us TO: City Commission FROM: Kristen L. Jones, Director Parks and Recreation DATE: July 18,2007 SUBJECT: Laser Grade & Re-Sod Project The City advertised for bids for the Laser Grade & Re-Sod project for Frost, P.J. Meli & C.W. Thomas Parks and two proposals were received on June 29, 2007. The bid committee representing the City for the project consisted of Kristen Jones, Mark Felicetty, Leo Williams and Nanci Denny. The bid committee has determined and is recommending that Sports Turf One, Inc. can best provide these services in an amount not to exceed $269,578.00. The bid from Sports Turf One, Inc. was $184,725 less than the bid received from West Construction, Inc.for the same scope of services, materials and products being provided. Sports Turf One, Inc. is a member of the South Florida Turf Management Association and dedicated to turf and field renovations. Whereas, West Construction, Inc. is a general contractor who specialize in building construction projects and this may explain the wide disparity in bid proposals. Two reference checks were also made to Mets Stadium in Port St.Lucie and the Palm Beach Gardens Golf Course. Both references highly recommended Sports Turf One, Inc as performing quality work in a timely fashion. Cc: Ivan Palo, City Manager Colin Donnelly, Assistant City Manager Mark Felicetty, Senior Program Facility Manager CITY OF DANIA BEACH Agenda Item # 9, Agenda Request Database Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ TX-19-07 - Donald Hall,Attorney, Gunster Yoakley, representing the following businesses, requests zoning code changes to allow existing boat building businesses to continue operating consistent with past practice: 490 Taylor Lane: MarineMax Motor Yachts, LLC. 760 Taylor Lane: J. S. Powell, Jr. & R. O. Powell 775 Taylor Lane: Derecktor Gunnell 750 NE Seventh Avenue : Palm Beach Polo Holdings, Inc. iaA ,�ri' �,i e ,d I �fs ..i�: ::..�uw �::;r, 'e5+.mos �I Ordinance Staff Report Location Map Application 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. 2007-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS GENERALLY NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach ("City") recognizes the need to accommodate the use of lands within Dania Beach generally located along the Dania Cut-Off Canal from the east end of the City limits, west 180 feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, including those properties described on Exhibit "1", attached hereto, which area serves various marine shipyards, boatyards, stevedores, construction and shipping interests and which area contributes to the economic vitality of the City; and WHEREAS, the City Commission has followed the procedures of Section 166.041(3)(c)2, Florida Statutes, for public notice and hearings relating to ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed and incorporated as the legislative intent of this Ordinance. Section 2. That Chapter 28, "Zoning", Article 27, "INDUSTRIAL-GENERAL (IG) DISTRICT, Section 27.10, Purpose, of the Code of Ordinances of the City of Dania Beach, Florida, is amended to read as follows: 27.10. Purpose. The Industrial-General (IG) District is intended to accommodate light and medium intensity industrial, research, assembly, fabrication, shipyards, boatyards, stevedores and marine construction uses. Some manufacturing uses are permitted provided they meet location requirements necessary to protect residential areas. Some shipping, shipyards, boatyards, stevedores and marine construction business uses are permitted subject to compliance with location requirements and performance standards necessary to protect single family residential zoning districts as provided in Section 27.20(m) and Section 27.20(n). Truck parking, queuing, stacking, loading and unloading shall be prohibited with any public right-of-way adjacent to an IG District. Section 3. That Chapter 28, "Zoning", Article 27, "INDUSTRIAL-GENERAL (IG) ZONING DISTRICT", of the Code of Ordinances of the City of Dania Beach, Florida, is amended to add a new Subsection (m) and a new Subsection (n) to Section 27.20, "Permitted uses" to read as follows: (m) The following shipping business uses, when abutting the Dania Cut-Off Canal and Port Everglades, not including easements and rights-of-way, set back at least five hundred (500) feet from any residential zoning district, and providing an opaque fence(8- 10 feet high)in compliance with building code requirements adjacent to any public street: (1) Marine cargo handling facilities and equipment. (2) Warehouses. (3) Outdoor storage of materials, supplies, machinery, equipment, vehicles, trailers, cargo shipping equipment (i.e. flat racks, chassis, and containers), or products being processed in or transported through the property. Shipping and storage containers in ship yards or cargo port facilities may be stacked four (4) high not to exceed forty (40) feet as an accessory use. Outdoor activities and operations shall be permitted only between the hours from 8:00 a.m. to 10:00 p.m. During named hurricanes or tropical storms, no storage containers shall be stacked. (4) Docks and docking of boats, ships, and cargo or shipping barges not over two hundred fifty(250) feet in length. (5) Fuel tanks for fueling of vehicles and ships as an accessory use and as regulated and permitted by the applicable Broward County environmental agency. (6) Parking for vehicles and equipment. (7) Security gatehouses, as an accessory use, including manufactured modular buildings, when setback at least 100 feet from NE 7`h Avenue or Taylor Lane and complying with any applicable building code requirements, subject to the approval of the Broward Sheriff s office and the Dania Beach Fire Department. 2 ORDINANCE#2007-014 (8) The following uses accessory to a use pursuant to (1), (2), or (3) above when located on property no larger than four (4) net acres, having frontage on Taylor Lane and N.E. 71h Avenue, with access limited to NE 7th Avenue: a. Outdoor storage of materials, supplies, machinery, equipment, vehicles, trailers, and cargo shipping equipment (i.e. flat racks, chassis, and containers) or products being processed in or transported through the property. b. Outdoor storage of cargo containers not to exceed two (2) stacks and sixteen (16) feet in height (no storage containers may be stacked during named hurricanes or tropical storms). c. Parking for vehicles and equipment. (n) The following ship building, boat building, repair and marine construction activity conducted indoors or outdoors, but within the confines of the individual owner's property generally located along the Dania Cut-Off Canal from the east end of the City limits, west 180 feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, not including easements and rights-of-way, and unless otherwise stated below, set back a minimum of 150 feet from any residential zoning district. If there is any conflict between Section 27.20(n) and any other provision of Article 27, Section 27.20(n) will prevail. (1) Ship/boat building, ship/boat repairs, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations, set back a minimum of 100 feet from any residential zoning district. (2) Warehousing of materials, supplies, cargo and equipment related to shipyards, boatyards and marine construction businesses. (3) Outdoor storage of materials, supplies, cargo, equipment, machinery, staging, vehicles, vessels, trailers, ladders and other associated items related to shipyard, boatyard and marine construction. (4) Storage containers required for storage of shipyard/boatyard materials, vessel supplies, cargo, and construction tools and materials. Storage containers shall not be stacked or used as ship building or repair workshops and shall be set back a minimum of 25 feet from Taylor Lane and 25 feet from the Dania Cut-Off Canal. During named storms, all containers and loose materials shall be secured. (5) One (1) office trailer not to exceed 500 square feet, set back a minimum of 35 feet from Taylor Lane. Office trailer shall be properly secured. 3 ORDINANCE#2007-014 (6) Fuel tanks for fueling of vehicles and ships as an accessory use and as regulated and permitted by the State of Florida Department of Environmental Protection and the Broward County Environmental Protection Department. Mobile fueling of vessels from fuel trucks or fuel barges set back a minimum of 100 feet from any residential zoning district. (7) For those properties located along and with access to Taylor Lane, including those properties on the north side of Taylor Lane, parking of vehicles on hard surface or good rolled, crushed rock base, as an accessory use. (8) Security gatehouse, including manufactured modular buildings, complying with applicable building code requirements, as an accessory use, when approved by Broward Sheriffs Office, the Dania Beach Fire Department, and the City Public Services Director. (9) Retail sales of materials and supplies used for construction and repair of vessels. (10) The following uses are recognized by the City as special uses that will be temporary in nature and will be permitted only after receipt of a temporary permit issued administratively by the City Manager after review and approval by the Community Development Director: a. Use of barges not greater than 190 feet. b. Loading, unloading and shipping of cargo, supplies and construction materials and equipment. C. Transportation of materials and cargo. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. 4 ORDINANCE#2007-014 Section 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 5 ORDINANCE#2007-014 Exhibit 1 Folio Numbers /Legal Descriptions 490 Taylor Lane Folio No. 5042-34-43-0010 Parcel A of Transworld Plat, according to the Plat thereof, recorded in Plat Book 116, Page 8, of the Public Records of Broward County, Florida. 760 Taylor Lane Folio No. 5042-35-12-0010 Lot 1 of Powell Brothers Barge Terminal, according to the Plat thereof, recorded in Plat book 96, Pag e27, of the Public Records of Broward County, Florida. 775 Taylor Lane Folio No. 5042-35-10-0010 Tract 1 of Derecktor's South, according to the Plat thereof, recorded in Plat Book 89, Page 21, of the Public Records of Broward County, Florida. 750 NE 7th Avenue Folio No. 5042-35-17-0010 Parcel A of Port Laudania, according to the Plat thereof, recorded in Plat Book 120, Page 39, of the Public Records of Broward County, Florida, LESS AND EXCEPT the East 333 feet of the South 743.82 feet and Dania Canal. 6 ORDINANCE 42007-014 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 24, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director APPLICANT: TX-19-07 - Donald Hall, Attorney, Gunster Yoakley, representing the following businesses, requests zoning code changes to allow existing boat building businesses to continue operating consistent with past practice: 490 Taylor Lane: MarineMax Motor Yachts, LLC. 760 Taylor Lane: J. S. Powell, Jr. & R. 0. Powell 775 Taylor Lane: Derecktor Gunnell 750 NE Seventh Avenue : Palm Beach Polo Holdings, Inc. LOCATION: Existing Marine businesses located on the North Side of Dania Cut-Off Canal east of US 1 (a/k/a Port Laudania) Eight months ago, Code Compliance inspected the marine properties abutting NE 7th Avenue, east of US 1 , and north of Dania Cut-Off Canal. This area has historically been known as Port Laudania. Building and safety violations were identified at various businesses in this area. While most building/safety violations have been corrected, Port Laudania Marine Businesses (excluding G+G Marine) still operate in technical violation of current zoning. Many of these businesses go back 20+ years. The city attorney maintains that businesses must either comply with the current IG zoning or the IG zoning shall be amended to allow operations historically conducted on the property. G+G Marine previously obtained City Commission approval of a zoning text change to allowing shipping operations, including barges. The current applicants, who include all other marine businesses in this area, have submitted a separate text change which they indicate is consistent with past and present use of their properties. The new language can be summarized accordingly: (a) Steel transport and storage containers are permitted when setback at least 25 feet from the Dania Cut-Off Canal. (b) The following activities shall be permitted anywhere on site: ■ Outdoor and indoor storage of materials, supplies, equipment, vehicles, and vessels relating to shipyard, boatyard, and marine construction. ■ On-site fueling facilities. • Above ground fuel storage as an accessory use (Bulk storage and fuel refining is prohibited). • Unpaved crushed-rock surface parking. (c) Marine transportation activities permitted on a temporary basis when administratively approved by the City Manager after review and approval by the Community Development Director, including the following: a. Use of barges not greater than 190 feet. b. Loading, unloading and shipping of cargo, supplies and construction materials and equipment. C. Transportation of materials and cargo. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board recommended approval of the ordinance subject to the following changes; (1 ) Up to 50 steel storage containers per site. (2) Transportation of material and cargo (shipping activities) and barges shall be prohibited. (3) All parking areas shall be paved. STAFF RECOMMENDATION Staff concurs with the P and Z Board recommendations (1 ) and (2). Staff can support recommendation (3) in part, to allow unpaved crushed-rock surface parking only north of Taylor Lane (Under the power lines). Please note the current version of the ordinance (not reviewed by P an Z) allows shipping and barges to be approved on a temporary case-by-case basis at the discretion of the Community Development Director. Staff does not support this change. The draft language contains no standards for approval or rejection and does not define "temporary use". If the City Commission is inclined to allow shipping operations and barges on a temporary basis, there are other options: (1 ) Temporary barge or shipping permits can be reviewed the City Commission on case-by-case basis, similar to special events permits. Commission can attach conditions such as operating hours, duration of approval, etc. (2) Temporary barge or shipping activities can be listed as permitted uses subject to conditions. This could include limiting barge/shipping operations to no more than one business at a time; limiting the number of days per operation, and limiting total operating days per year. Please note there are potentially at least four businesses that could operate in this manner. Other Items: Applicant's latest draft requires some other changes that can be addressed between first and second reading. Staff will work with the applicant on these items. Location Map: CITY OF DANIA BEACH TX-19-07 z NE IIfPHST -.. _..... .. .. THIS SIT _. IRO I-G TAYLORLN a s I-G a F IRO ------------ Uania cutoff Cmlal NF.�3RD'f F.R C•3 C 3 RS-3000 m OS R.i1 City of Dania Beach, Florida Department of Community Development 1W Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Um ❑ Land Use Amendment C r Cl Plat �I ❑ Plat Delegation Request is i ❑ Rezoning I Date Redd: ❑ Site Plan h�/ � ,j pi; 7 1 ❑ Special Exception Petition No.: X \ C,r 1 ❑ Special Request ❑ Trafficway Waiver ; r, ❑ Variance ❑ Vacation Request n Other: Zoning code text change 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"cheddist 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: 490 Taylor Lane, 760 Taylor Lane, 775 Taylor Lane, 750 NE 7th Avenue Lot(s): Block: Subdivision: Recorded Plat Name: PORT LAUDANIA Folio Number(s): See Exhibit 1 Legal Description: See Exhibit 1 Applican onsultant/Legal Representative(circle one) Guns ter. Yoaklev r Stewart Address of Applicant: 500 E. Broward Blvd Suite 1 400 Fort T and rd l e FT 11194 Business Telephone: 954-462-2000 Home: Fax: 954-523-1722 Name of Property Owner: See Exhibit 2 Address of Property Owner: See Exhibit 2 Business Telephone: Home: Fax: Explanation of Request: Text change to I-G Zoning District Pr-p. Net Acreage: N/A Gross Acreage: N/A Prop. Square Footage: N/A `.farina, boatyard, manufacturing, assembly E istirg Use:and uses related and Proposed Use: Same accessory Is property owned individually, by a corporation, or a joint venture? Corporations and joint venture I understand that site plan and variance approval automatically expires within 12 mo 41 s of Cit ommission approval, pursuant to Ordinance No. 2005-040. Donald R. Hall 3/30107 Ap liven Owner gnature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 30th day of March 20-U Gunster Yo Signature: Date: March 30, 2007 �f]LL� �� , �LAFAI�� By: Donald R. Hall Sigr+Nanidof Notary Publi (Print Name) State of( Florida ) 500 E. Broward Blvd. Suite 500 Fort Lauderdale, FL 33394 f'1/�Ry I-�. I-IARC,QEar'ES Print Name of Notary Street Address, City, State and Zip Code 954-462-2000 COmml � e •MMYH.HARGREAVES 954-523-1722 Seal: j ' ; L Telephone No. & Fax No. ai EXPIRES:September 14,2007 .Af„hfi°• 6o�aea mnrumry wtrc ad.w4ie INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described abov d 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: e: Sign Name of Notary Public (Print Name) State of( ) Print Name of N ' Street Address, City, State and Zip Code Comm! ' n EYpires: Se Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: TNs Is to certify that the below referenced corporation is the owner of subject lands described above that 1, as a duly authorized officer, have authorized (Apgkant/ComuRant/ ) to make and Nle the aforesaid a tion. Shorn to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) Hof( ) Print Name of ry Street Address,City,State and Zip Code Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/CumbnVikepresentative) GuNsreg Yip rc�ev , S� .1 r to make and file the aforesaid application. Swam to and subscribed before me This Z I day of MttacH 20_�7 Q siynattrre: 3a-4om Date: (IU / �LnlalJ S f 4tJc�L f/� I (Print Name)** Sign Name of Note Public State of 0 A ) �'ldC2/E D5LrA13er2-<— 7L0 %,gy(Oc gA?c, i/jr(1/IA i�t ncr+ fZ 3300,< Print Name of Notary Street Address,City,State andZip Code '— Commission Expires: /9 3D0 7 �SL q1 Z 3 -13 U , //I S4 1 �l Z 3' /3 C Seal' Telephone No. &Fax No. r ��:: CHERIE ROSENBERG c l 6COAW DAt1Md icate sheets as required. ?'r.,j:;:.F• EXPIRES:May 19,2007 ?;Y.,:i'••' BwdeE Th.Notary PA.UrAerxtlren CORPORATION NOTARIZED SIGNATURE: This Is bo certify that the below referenced corporatIm is the owner of subject lands described above and that 1, as a duly authorized officer, have authorized (ApplbcaWCorsuka tD make and Ole the aforesaid a on. Sloan to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: nt Name) Sign Name of Notary Public (Print Title) State Of( ) Print Name of ry Street Address,City,Smote and Zip Code Corn Expires: Telephone No. &Fax No. )DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is in certify that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partners have authorized (ApplicanKonsuir3n0tepreseniative) GLe.nlsre L„'1nAKL" • SrEta:AQ-r t0 make and file the aforesaid application. Swam to and subscribed before me This day of A.-Cµ 20_pl Signature: Date: a 1 0 R . y. Cl':R.,. /' (Print Name)** Sign ame of Notary Ic State of DR43A ) 7 i GiFErelG� ,`ogglu '760 �Yt AA)L JAB A3EA�h FL 33oL��/ Print Name of Notary Street Address,City,State and Z10 Code r Commission Expires: (�S-0g1.3~1302 • H}f CHERIENaERG• Telephone No.&Fax No. MYEXPIRSSMay19, 007 EXPIRES:Mayf9,23022 0W irydRn&WRAtLs4RA-'At4h duplicate sheets as required. 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) 6u ycTL T yo trtt��. StgPAILT 0A• to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: / eack -a/z NiJ6u ;'AiC• d b 1 acc uz oFFLoit.o + This�day of �Ai'Gh 20� Signat Date: 31Z 7Zoo-1 KEN Imam DZ (Print Name) Sign Name of Notary Public (Print Title) State of(r<-0 21 OA ) dmoeee//g S. rt/,elvaj 1'7,1' iAYLo2 Lit: b'fN;g (�c aCa, 6GA 33oos� Print Name of Notary Street Address,City, State and Zip Code Commission Expires: ft 92f/l5L Seal: „yp,, Misreella S.Furness Telephone No. &Fax No. 4� ' ': Commission RDD218940 Expires: Jul 13,2007 Bonded Thou Atlantic Bonding Co.,Inc. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are a owners of subject lands described above and that all partners have authorized (Appiican onsultant/Representative) to make and fil a aforesaid application. Sworn to and subscribed before me Thls_day of _20_ Signature: Date, (Print Name)** Sign Name of Notary Public State of( ) t Nfmiust Street Address, City, State and Zip Code Telephone No. &Fax No. ign. Attach duplicate sheets as required. CORPORATION NOTARIZED SIGNATURE: 11-4-% Iwb(,t. 19'r This is to certify that the below reference4kMtpDratlon Is the owner of subject lands described above and that I, as �} duly authorized officer, have authorized (Appliont/Consultarht/Represenmtive) _�7N;re=hL 1'o hit J-r<Y + �t eu p2T to make and file the aforesaid application. Sworn to and subscribed before me Corporation NaPe: t•+,�,n4 v I tstt. Y'. !Lh LLr This �•' day of A, c L, 20_1j� Signature: `",.C,.x` �"„� -- �:c,!l , ��:..-F.•-� Date: 31 2,a n K .r Fr"A. (Print Name) Sign Name of N ry Public (Print Title) State0f(1FL0 fd/.) ) u.S ia•;Y t` Stir. 30. BAK_MM YAc K r- L- Print Name of Notary Street Address, Clty,State and Zip Code Commission Expires: U Zo L 2 ......................... Telephone No.&Fax No. SAMARA PACK Camnr 0003MM E�P+y tN1M0ah1 �a�j hlawlhlwp0oM3Z+2M rrs=Ar..ro JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are owners of subject lands described above and that all partners have authorized (Applican onsultant/Representattve) to make and fil a aforesaid application. Swam 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 res: Seal: Telephone No. &Fax No. *Each partner must sign. Attach duplicate sheets as required. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation Is the owner of subject lands described above and It I, as a duly autho eel officer, Rave authorized (Applicant/ConwRant/RepreseMative) GruN,;r R L cat[t F.1/ r to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: !/ Pili4 AA 8 ` C' O D110651 —77vc This�77AA J dayofg', RCtt' 20�p Signature: Date: 4 (reY/y (Print Name) V 1&.A'Yi`t'& lam Sign Name of Notary Public (Print Title) State of( PY"0r14% ) ttit.6-ell uQ -&1A)4ieu, FL t Name of Notary Street Address,City,State and Zip Code \\\��tuuuNPfa nA 334l� ��Np MAR/ on Expires: t• o�M�ssio Tateph—one No. !4 Fax No. VS -73 30 ry4�mmber�2a9.. N . p9••�c8DD33437pO�fj �lTU RE/PARTNERSHIP NOTARIZED SIGNATURE: y q••`'ayn ihN cue• 2` • � y certify that the below referenced that the duly authorized persons are owners of subject IfIt�lSTAI1�`"b� described above and that all partners have authorized (Applican nsuttant/Representative) make and fIl a 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 gyres: Seal: Telephone No. &Fax No. *Each partner roust sign. Attach duplicate sheets as required. Exhibit 1 Folio Numbers /Legal Descriptions 490 Taylor Lane Folio No. 5042-34-43-0010 Parcel A of Transworld Plat, according to the Plat thereof, recorded in Plat Book 116, Page 8,of the Public Records of Broward County, Florida. 760 Taylor Road Folio No. 5042-3 5-12-00 10 Lot 1 of Powell Brothers Barge Terminal, according to the Plat thereof, recorded in Plat Book 96, Page 27, of the Public Records of Broward County, Florida. 775 Taylor Lane Folio No. 5042-35-10-0010 Tract 1 of Derecktor's South, according to the Plat thereof, recorded in Plat Book 89, Page 21, of the Public Records of Broward County, Florida. 750 NE 7`h Ave Folio No. 5042-35-17-0010 Parcel A of Port Laudania, according to the Plat thereof, recorded in Plat Book 120, Page 39, of the Public Records of Broward County, Florida, LESS AND EXCEPT the East 333 feet of the South 743.82 feet and Dania Canal. rL 32 C:i z j J Exhibit 2 � I Names and Addresses of Property Owners 490 Taylor Lane MarineMax Motor Yachts, LLC Florida Limited Liability 18167 U.S. Highway 19 North Suite 300 Clearwater,FL 33764 Telephone: 727-531-1700 760 Taylor Lane J. S. Powell,Jr. R.O. Powell Joint Venture P.O. Box 14550 Fort Lauderdale, FL 33302 Telephone: 954-923-1302 Facsimile: 954-923-1306 775 Taylor Lane Derecktor Gunnell, Inc. d/b/a Derecktor of Florida f/k/a Robert D. Derecktor& Co. Florida Corporation 775 Taylor Road Dania Beach, FL 33004 Telephone: 954-920-5756 Facsimile: 954-925-1146 750 N.F. Seventh Avenue Palm Beach Polo Moldings, Inc. Florida Corporation 11199 Polo Club Road Wellington, FL 33414 Telephone: 561-798-7110 11L32C10J _ 1 10, GunsterYoakley Our File Number: 29452.00001 ATTORNEYS AT LAW Writer's Direct Dial Number: (954)468-1358 Writer's E-Mail Address: dhall@gunster.com a March 30, 2007 VIA HAND DELIVERY lr 3 1 2j;7 Laurence Leeds, AICP City of Dania Beach a` 100 West Dania Beach Boulevard --- ----- Dania Beach, FL 333004 Re: Dania Beach Boatyards — Request for a Zonine Code Text Change to the IG Zonine District Ordinance Dear Larry: On behalf of MarineMax Motor Yachts, LLC, R.O. Powell and J.S. Powell, Jr., Derecktor of Florida, and Palm Beach Polo Holdings, Inc., we enclose the following documents in order to process the above-referenced request: 1. Four checks, each in the amount of$1,291.25, totaling$5,165.00; 2. A completed General Development Application for a zoning code text change to amend the IG Industrial General Zoning District Regulations with four separate signature pages and Exhibits 1 and 2; and 3. A proposed Ordinance. Please confirm that we will be placed on the first available City Commission agenda. If you have any questions, please do not hesitate to contact me at 954-468-1391. ,?( STtalA. _ JD Hall DRH/mh Enclosures cc w/encl: Mr. Peter Smith Mr. James S. Powell, III Mr. Selby Galloway Mr. Mac McLaughlin Mtr.W N&AlBlwanMla9a®neHvw+d oEATHs al fNMr.AxrRmo168 6EOkGE aVTLER3iORERlIL.,>N OBITUARIES •MEMORIALS a SEMCES Local cable TV pioneer, former airline executive �wTs L4aT/ l8�M1 rAeNRrbaaN 'Ya°&i AAa'v '!d r+H�"y , �'•��u�v�y�y� AY'P1W eR[� I.of nrndo vhxmMkM.Sman, � .W°Se ae�w.,Y J" be I unwtup t0a.a6 Cw va6]Wv3utfm3 vleYVPaM 4e p N.4 S r, V.S. h ry ryN aavN { =,J fne p_ {' m. ss� 4a,am.N d s ,xaw ae n Rl 1 loas Q�"!" "e01= n�'C,��vrvx f AROIUY�RLE&TRUSTED $I�f1Noya. M[RWYMRXIW. pxd MwLL Le A a S"° ai1Mn �ISmJY?u Mr [iml:eiR JVJMrtmgry treAx .. Mr haaama 1(°w W ,,{4a4NLL1 pu hu (lvnw]bud.Siw A 4H+.M weCe vs.IVWyw.YaVagtt9o- I w611.d"�ny t',�G�i4an iw.! �;°^ w•w• -°Y6�°wn., manta cn <.snw.r:.w , ,v;a ,e,An..sa.a{Arawn«ire bb Y Mx I*wkmM v!c F IQ4Y aY1M lekAi- #yM1l M(AMvo011f[mo- alr.s ae..w' R��%r �RA'� n..evwm. m am�w awxmhnnr AaTa.rm. wssi"ao"famaY�s. FINERAIKAAE A.P[wJe m Sw4u rna wx. -.inn fwwva lwd,wm uai.sw- edEWgRY OINIVPIW a5aAYM% A Fq, M5 q�aN 'r httao:T�bnaa�bwwa 1Y r1 4pa. hpAa 1 (✓1 qi. bq M' maNtuMPenbd+.4PN fR h��tFR IHeCMpay'3ala IdP.�lx a ea�w4 emO.a a� FgfhelHA�e�wNv 95614111 .a. .wa.�,awm wdm e:°v r c....m Tani .rmmmf M d b Nu sal+k wN 5!vtedmar w f n & N.xalbw WP�m dwpwM 6$'6 I f�U1MBIa`Ngro deMhwp np-.aa.ypa CWT"dlnm.11et �ti< w•nx N�nn�wvscev. aua mahvM lMslam: aA wr mmm(Y moos. ur[r..-am Pq�tum+{'f"+u k9dmA 1171171 sw.rwxm eeaneaawaa�wa.c! aa°.a�um w«a 3 3� ne mow the rn mhan. mmeaPs^,sin cAp.Rw E' Iy tlrM m ,w {eAry rdam p4 Mhry AFRGIMA oewlyd. nMuNaappeCahwwnuRa, YWP.em ,qq K maRM f ryTH 5:wp 4,•va W 'xhe.uYP+vT f+ Iv.w �+Nbaaatwaaap V4Ueb• DVh MOi4••wf•• I Wah�lL In e.M takflMvlL is9a.(law-e famuuCA Aun PNIwMs�IaNAAea ,� �aae [uw.n{arevS.[ugpg W R drE (CA'YYL Sin k+s 11,b qr a Yeior9h4 T4 HR1w�. �. mneiirv°am°.`�.rw. &aaduwl^I 10ll rilh eHdaf`vd bw rr4" YY ahpJ°M akv.)le bxr Ia,pNH �I:MNMTYwANNYa#W Mtw81[MW m apvlwn%anii me Mama -�s �A A.--.. aaN he thke.Y[Y W We 8aixe;"uIa D(!Sa, v np V�Iq awPee! 0 CN I 4cv.gv SI 1 y NnuV."Mmyf id"fln 'Y1 # .MlwP rceAvW@.RaM� 4yyy1 IN'!. bk�tNv..& a a e&, NOAeN awa4He°MawfM MMNMNII°idWaLP- ° moyy� �• .®w na Ylellve nv the LYsVIk YuR/NN DAP= ��ull+h 90h M1N.ee aY�b w Y°LM.ib ee � °;Uzi.. r demo NwamYtWeuHvb" v� e+y,•� W'�:W fllflat .fif.GNtaA'+JCSAd{Y "ftm I^r lMt. hnPar..rrY¢.�m xann aa{Aur laepy5.o waemP4TEi'tmchs°c vaW �w51�AAaaP•"'�� euswTYACMLNUt' Nr.a YNNIlYN9 �ywpti..w•tPa. MlOp eR 3lvmmrrtl.eCall6rW P�� afaN tfxa1�r `4t Ylk l4�mdhmmO A> Awar.aTeawrxeWTk.��Ma�a ur.Tuhl. aid lceWtka �p��{� m.T. Y }HrrE:leT6avt wikHT+.aw N[�'14.. ,�. ��I dn� .��t� 3 r4/anMft409 TN YSMW+ bn Yns YY S YfajpllfT iM pR^%lalOD 1�Pu�vgbeddr.d4a tYl f�mrNlwu tim}Om YwLlccu uae t— CITY OF DANIA BEACFI we s mow yr expo rwsnww:xv ear' w uI«Taaem-rsn eap m ae mw tM a NOTICEOFMBLN:MiMRl6 ^m"P f°P aAeahw. MwN N µbt{a YW.cede wly baape:eY bT Ahe aha WaMafaemhwtMvab+ r,xCHtYT®ITAMOIbrHR1'bDMB10HlRf llf IIR RAM1Tm Dl2 aa.bxlnvw.M ulQ aAr®IMaiVIHMa0.ZWNR'RFTIl tlxYMDNYAH@AfJICROHf1P 5mr¢maroN In>8aml !P lvs am aewr°m vile, Aaw Radiir Smrct R°aa nMgrafWW[Y°G PN:peerteatlna meleTM.P w6vnv� �� tnankPn.- AHaaiR,wRe[:,a,. xAexw®ar DRif w,ennoo.rlRetia NOTICE OF.PUBLIC rownoDTwMewwAa io W MEETING �a.4t.wkaza.lml4a TxH INTINAPIHNY. a T1 Im v®TMWt xR PIIJYN[ TCfl �`� •{°° m`I`tl'PT ADgTIaM4 NNQQ��11 IDIi a'.grONAMDeWNa® bWkbTiMAru wNlgrit WIM WRNIR�IIV~kNVraDFT�Pa AiHND1 DC1RrH YROPSR. AmerMMtlllmdafhk elP TIH1 curt am-vff errAa AIO Df xrnRnR.ua6%a�aormeao CITY OF raR�rausurT mDWWTaR DDaiibTgPl1lRXaa1.MOYmICNFat +b:a•Pw°a v! ,RaLWLTIYHD,.TL' (taiPwuDRHrPHDI PEMBRQKE PINES Makb S:WW. A pNkM1fa4Pa`M>eaWapa�u.� Mw,.a� a- PARKS AND &crtwsaYn v..wnk AAw m.Q4betl,waTw w. Jwral.m ai .aerrpaaMea RECREATIONCmmEae DC ti9.>aoape vr bws abaa xu'nwmavaaddnh yw 3Av�viwu.l Cants DEPARTMENT wm. APgma.rd�.. ,mwwwae Demon aaa. a mehnv.awam wo- DVYa&eM,fMW 80Ma mv{1481 he e.kvq J.ald The Pembroke Pinar Parke aa.,im;.deNA wawa and Recreation Department P r naeaaaM w PM w _ M will conduct a public meeting 1 aP.ma n regarding the Capital xto neewMa +ta s.`n nweaw+weefPmwsie Park. Thes of for pose wthe ,„qT rc Park.The sole purpose at the De ma�waM mod meeting will be to discuss anmw„°d8- '�' '�— :S $112,500 grant application for ^�^°��w, a Florida Recreation paum.a Pwn Iatae Development Assistance Jos nka x.w.an,.Twm Program grant from the Florida !4s 6awryW Iwvvli 49nnfNvr- Department of Environmental mT.hwwdla.�nmamm..nn...kmleaedrn mh.han w.P. Protection Division Of O6M1e0 R""r`'h etl"0"1p r+au:a.pni Y urePaaaa aroM.aw wPPr.dowwaw.se w,m.x rr oDrmaa ag cwn.ary xeh Recreation and Parks to assist smmaDmw Dseca acaawd.owaa D..vsfwma eed ma e.awP�ga hTRu the City in financing development and awm.M Pvaaa mer eppW.l merP.de m.wPe enaab..a w{u we.Pero improvements at Tanglewood WP=vFea.My PewvnaFm PciarbeRvalaMNmib�imNeweh regslb Park. .ry m.N eadMed et Iliw bwng aRneed a weed v11M gacaaLp uM rtt wa p:.wwmne=avda.re=°eaea..:bW=n Ikea a In..prx.woy u mw+. aeon rradma°e.pme,rlimae,.w:a.::ac+epuwk,tldkn rw..pp.4 a,..a, Date: August 8,2007 ew. r.ama�m�w.�nm.w.:.knemina..ewsoA4+.Pma+eea.savu.�ne:sb Time; 6:30pm s Rwar+mh Mema ew Rxrare.maim�MPl m.cy ae:xv elk..,mww ry..iam�aeaaaa,DY,:e.aa„fkwbaaoae;pvlaaA-aez�s i.m a nw, pW,e T.tlMDaa Location: TANGLEWOOD PARK rdiA"'ter"�.ra-':1 �Am c. Wla ww.n:fflWr.d.N n.amr g5006Wf"St orr ra.a,DA..wr Pembroke Pines,FL 305.35.�Ti1 meMaspneen=mrae CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF TEXT AMENDMENT AND AMENDMENT TO THE PERMITTED USES LISTED IN CHAPTER 28, "ZONING"OF THE CITY OF DANIA BEACH CODE OF ORDINANCES The City of Dania Beach proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG`) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS GENERALLY NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (1ST PUBLIC HEARING) A public hearing will be held at the following date,time,and meeting place: , Date: July 24,2007 Time: 7:00 p.m.,or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 fi� i der. ( 4 Q.`ybt 8tlecn �` T The above a(dinanc t wig tilts erne are trldicatstl t)the above map. Copies of tee proposed OtclinPnoe are on,51e in the Office of the City Clerk, City Hall, 100 West Dania Beach 6oillevard,banla Beach, Florida, and may be Inspected by the public during normal"rresa hours. Interested Parties may appear'at the aforesaid meeting and be heard with respect to the proposed. Any perspn who derides to appeal any decision made with respect to any mattar considered at this hearing will need a Moord bt the proceedings and for such ptom mAy need to onsure if Wt a verbatim recbrd of'the proceedings to made, which record picludes the testimony and avkierice upon which the appeal .W to be based. In accordance with the American with Disabilities Act, persons needing assistance to Participate in any of the proceedings should contact the City Clerk's Office, 106 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3623 at least 48 hours prior to the meeting. - Lou Ann Cunningham Publish: Friday,July 13,2007 Planning Associate CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-131 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY HARRY A.ROLLE,HAR PROPERTIES CORPORATION,FROM CHAPTER 28,'ZONING",ARTICLE 5,"SUPPLEMENTARY LOT REGULATIONS"AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS',FOR VACANT PROPERTY GENERALLY LOCATED AT 377 PHIPPEN-WAITERS ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-23-07: The applicant, Harry A. Rolle is requesting a variance to construct a new single family home on an existing non-conforming lot located at 377 Phippen Waiters Road. Resolution Staff Report Location Map Application Criteria Statement Public Hearing Notice Mailing List Plans Exhibit 1WON 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: ❑ RESOLUTION NO. 2007-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY HARRY A. ROLLE, HAR PROPERTIES CORPORATION,FROM CHAPTER 28,"ZONING",ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS"AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY GENERALLY LOCATED AT 377 PHIPPEN-WAITERS ROAD,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations", prescribes the lot size and area requirements within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21, "Schedule of Off-Street Parking Requirements", prescribes the parking requirements for single family homes in the City of Dania Beach; and WHEREAS,Harry Rolle,HAR Properties Corporation,is requesting variance(VA-23-07) for the following: 1. Construction of a new single family home on a lot with a lot width of 45 feet. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 50 feet.); 2. Construction of a new single family home on a lot with an area of 4,500 square feet. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 6,000 square feet.); 3. Construction of a new single family home with two parking spaces. (Chapter 28, Zoning, Article 6.21 "Schedule of Off-Street Parking Requirements" require three parking spaces), for vacant property generally located at 377 Phippen-Waiters Road; and WHEREAS,the Planning&Zoning Board on June 20,2007,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-23-07, from requirements in Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations" and Article 6.21 "Schedule of Off-Street Parking Requirements", 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 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-131 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 24, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G �_ FROM: Corinne Lajoie, AICP, Principal Planner6q,/_ Louis Mercado, Planner 4rX( SUBJECT: VA-23-07: The applicant, Harry A. Rolle is requesting a variance to construct a new single family home on an existing non-conforming lot located at 377 Phippen Waiters Road. VARIANCE 1 . To allow the construction of a new single family home on a 45 foot wide lot (Code requires 50 feet). 2. To allow the construction of a new single family home on a 4,500 square foot lot (Code requires 6,000 square feet). 3. To allow two parking spaces for a new single family home. (Code requires three spaces). SITE ZONING DESIGNATION: Single Family (RD-8000) SITE FUTURE LAND USE DESIGNATION: Low -Medium (10) Residential ADJACENT SITES Zoning District Existing Use J 9 9 North Two-Family Residential Residential (RD-8000) South Two-Family Residential Residential (RD-8000) East Industrial Restricted (I-R) I Warehouse West Single-Family Residential Residential (RS-6000) The applicant wishes to construct a single family home on a lot that does not conform to lot size and lot area requirements. Plans indicate lot coverage, pervious area, and setbacks comply with code. Because the lot width is narrow, providing the required parking in addition to meeting the swale curb cut requirement would not be possible. Because of these factors, Mr. Rolle is also requesting a variance to allow two on site parking spaces for the home. PLANNING AND ZONING BOARD ACTION On June 20, 2007, the Planning and Zoning Board voted for approval of all three variance items. STAFF RECOMMENDATION At the discretion of the City Commission. Location Map: - - SW 3RD PL CITY OF DANIA BEACH $ o_ 3 Kw A-23-07 coo _ SW 4TH ST _ _* % (-Rr t RS-6000 Tms srrE SW 4TH ST _. i i RM-2 i N-_. SW 4TH TER Swq / RD-8000 -_ -. . .SW 5TH ST - ._! .l-R ; — RS-6000 _ i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET p Route Date 4 2l7/2 p07 Log IVA- 3Y—07 1 { / 11 3 1�01 Project HARRY ROLLE i Folio l_- 2-03-38-0040 SFHVARIANCE PLEASE REVIEW THE ABOVE REFERENCED PROJECT FORCOMMENT 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 Sa In-house ❑ Fire Marshal ❑ Landscape E%ll BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted � --- — Denied ❑ --------__--�--� _ - Comments must address prior n Approved w/conditions Fill' to PZ/Commission hearing List Conditions �wN� C Q 1% 11 6A. FLU l rsr� 4-t w%e t n ti . Signature Date _PY,(%q_4 0�. Print Name X... --- - - -- _. ._ -- - - - _ _ .. _- X- City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3"5 - General Development Application ❑ Administrative variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment 7Department ❑ Plat❑ Plat Delegation Request �t❑ Rezoning Date d: ❑ Site Plan 2p�y � �❑ Special Exception No.1 Request ing nfncwayWaiver id 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 QWs Building Department. / Location Address: 3 < 7 Lot(s): Block: Subdivision: Recorded Plat Name: / Follo Number(s): 11202 39-00VO G> Legal Description: �o/fY ��yc/(/ n I/C1&&i 1ll ,1�nf'$ �� /- Ax"2j .�IJU` /" ',�7�i /,ZLCC.fG7Syn' pplican onsultant/Legal Representative(cimle one) /7A'e 7' J41JMeN Address of Applicant: 7/ ' 7•� z= 1�en 1 Ats A Business Telephon ,S' LI I-773 HomeCJi�/��l lI?2 Fax Name of Property Owner: T �� { '�7� _1z2 Q Address of Property Owner: Business Telephon x1 -7 i Home C•/C Z L F,, 7.1 Explanation of Request: ��(�'/<'N .4 T /,v Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: } U'we -{ Proposed Use: -S Is property owned individually, by a corporat,on, or a Joint venture? <2 A'./11, f Cl—) I understand thRt ' n and variance approval automatically expires within 12 mon of Commissio approval, pursuant to Ordinance No. 2005-040. AAJLh onx �//E - ,,7 012 APO p scant/ signature Print Nam Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscri befo me AppilcanyConsulta yR ent Rive: This � �� zoQ� —� Signature: Date: �— 1-1AA11-AQA1u PgaNgine of Notary Public (Print Name) to of( ) rsD2 1089 Street Address,City,State and Zip Code Expires:Feb 03,2008 G£i� ,�Syai�yE'� Bonded Thm rOn11Y1i551onlE 1wing Co..Ina. �s - r73J /C' r-� 66foSiZ Seal: Tel a No. &Fax No. aar(5s y� Sao szrf INDMDUAL 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/Commant/Representative) to make and file the aforesaid application. Swom 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 s Inds described above and that I, as a duly aut zed officer, have authorized (Appiican Itant/Representative) , 0//2� to make a e the aforesaid application. Sworn to and subscri before me Corporation Name: r'4J'` Nae-tea t � = This I!day Signa Date / 7 ` i/ (Print Name) Sign Name of Notary Public (Pflnt Title) State of( ) Lloyo-kDn 1084_ ��tS' yw 7^v O'JW'A 4e 3�C17� Prin1$a firs:Feb 03,2008 Street Address,City, State a Zip Code Bonded 7lvu ission Bonding Co.,me. Y 2Ex (0 2 —773 T rsY)lG/ �2ZComm Seal: Telephone No. &Fax Ng( ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/RepresentatNe) 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. HAR PROPERTIES CORP 218 NW 7T" AVE DANIA BEACH, FL 33004 04/24/2001 LETTER OF INTENT. Re: 377 Phippen Waiters Road. Legal: Lot 4 Block 1 of Victory Heights Plat Bk 21 Page 2 Public Records Of Broward county, Florida Lot size 45 x 100 I'm applying for a variance for the following reason listed above Lot size is 45 x 100 . The zoning code is 50 x 100 . However, I'm enclosing a revised site plan with the proper setbacks. Along with seal surveys dated and drawn to scale . My proposed plan is for a one story CBS Residence 4 bedrooms and 2 1-1 bath along with a 3 car Brick Paver driveway. If there is any additional information needed. Please contact : Anna Darling at (954 ) 929-1187 or H . Anthony Rolle at ( 954 ) 921-7735 . Thank you in advance for your future cooperation . Sincerel ,7 H/ Anthony Rolle / �i� (�,�y�►y/ n // APR 2 4 2007 !J planning Department VA-23-07 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, July 24, 2007 at 7:00 a.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-23-07 —Request by owner/applicant Harry Anthony Rolle, HAR Properties Corporation, for vacant property located at 377 Phippen Waiters Road, for a variance to allow the following: 1. Construction of a new single family home on a lot with a lot width of 45 feet. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 50 feet.) 2. Construction of a new single family home on a lot with an area of 4,500 square feet. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 6,000 square feet.) 3. Construction of a new single family home with two parking spaces. (Chapter 28, Zoning, Article 6.21 "Schedule of Off-Street Parking Requirements"require three parking spaces). Legally described as: Lot 4, block 1 of"Victory Heights", according to the plat thereof, as recorded in Plat Book 21, at Page 2 of the Public Records of Broward County, Florida. Copies of the proposed request are 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 the City Clerks office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to the 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. 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DANIA BEACH,FLORIDA 33004 2, 3. FLOOD ZONE&ELEVATIONS: 4. FLOOD ZONE:X BASE FLOOD ELEVATION:N/A CONTROL PANEL NO.: 120034-0308-F DATE OF FIRM INDEX: 10/02/97 POTENTIAL ENCROACHMENTS: LOWEST FLOOR ELEVATION:N/A 1.CHAIN LINK FENCE CROSSES OVER THE NORTHERLY PROPERTY LINE. GARAGE FLOOR ELEVATION:N/A REFERENCE BENCHMARK:BROWARD COUNTY ENGINEERING H.M.# 1132, ELEV.=10.91' LEGAL DESCRIPTION: LOT 4,BLOCK I OF"VICTORY HEIGHTS",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOO Af,S 2�E PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. APR Z ; Zop • " c LEGEND &ABBREVIATIONS: A =ARC ESMT. =EASEMENT P.H. =PLAT BOOK A/C =AIR CONDITIONER ELEV. =ELEVATION P.C. =POINT OF CURVATURE A.E. =ANCHOR EASEMENT E.M. =ELECTRIC METER P.I. =POINT OF INTERSECTION ASPH. =ASPHALT FND. =FOUND P.R.C. =POINT OF REVERSE CURVE B.M. =BENCHMARK F.P.&L. =FLORIDA POWER&LIGHT P.T. =POINT OF TANGENCY B.C.R. =BROWARD COUNTY RECORDS I.P. =IRON PIPE P.O.B. =POINT OF BEGINNING C.B.S. =CONCRETE BLOCK STRUCTURE I.R. =IRON ROD P.O.C. =POINT OF COMMENCEMENT CHATT. =CHATTAHOOCHEE L.B. =LICENSED BUSINESS P.P. =POWER POLE CONC. =CONCRETE L.P. =LIGHT POLE R =RADIUS C.L.F. =CHAIN LINK FENCE M.H. =MANHOLE RES. =RESIDENCE C.L.P. =CONCRETE LIGHT POLE (M) =MEASURED R/W =RIGHT-OF-WAY (C) =CALCULATED MAINT. =MAINTENANCE T =TANGENT C.B. =CHORD HEARING NO. =NUMBER (TYP.) =TYPICAL C.R. =CABLE RISER N.G.V.D.=NATIONAL GEODETIC VERTICAL DATUM U.B. =UTILITY EASEMENT (D) =DEED O.H. =OVERHANG W.F. =WOOD FENCE D.S. =DEED BOOK O.R.S. =OFFICIAL RECORDS BOOK W.M. =WATER METER D.C.R. =DADE COUNTY RECORDS O/S =OFFSET =DELTA OR CENTRAL ANGLE D.E. =DRAINAGE EASEMENT (P) =PLAT 4 =CENTERLINE ENCH. =ENCROACHING P.B.C.R. =PALM BEACH COUNTY RECORDS -AX- =ELEVATION "ERAL NOTES: CERTIFICATION: E OF SURVEY:BOUNDARY THIS IS TO CERTIFY THAT I HAVE RECENTLY SURVEYED THE 2.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR PROPERTY DESCRIBED IN THE FOREGOING TITLE CAPTION AND OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER HAVE SET OR FOUND MONUMENTS AS INDICATED ON THIS MATTERS OF RECORD BY PINNELL SURVEY,INC. SKETCH AND THAT SAID ABOVE GROUND SURVEY AND SKETCH 3,UNLESS OTHERWISE NOTED,FIELD MEASUREMENTS ARE IN ARE ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AGREEMENT WITH RECORD MEASUREMENTS. AND BELIEF.I FURTHER CERTIFY THAT THIS SURVEY MEETS 4.THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND MINIMUM TECHNICAL STANDARDS UNDER RULE 61G17-6, THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLORIDA ADMINISTRATIVE CODE,ADOPTED BY THE FLORIDA SURVEYOR AND MAPPER. STATE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, 5.ELEVATIONS SHOWN HEREON(IF ANY)ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929,UNLESS OTHERWISE NOTED. 6.UNDERGROUND IMPROVEMENTS AND UTILITIES ARE NOT LOCATED. 7.BEARINGS SHOWN HEREON(IF ANY),ARE REFERENCED TO 3 o THE BEARING SYSTEM USED ON THE SUBDIVISION AS IASON H. EL REFERENCED IN THE ABOVE LEGAL DESCRIPTION. PROFESSIONAL SURVEYOR&MAPPER 8.FENCE OWNERSHIP IS NOT DETERMINED. LICENSE NO.5734,STATE OF FLORIDA o SKETCH NO.: 06-3527 DATE OF SURVEY: 11/09/06 CHECKED BY: S.V. FIELD BOOK/PAGE: 249/14 REVISIONS DATE CHK'D BY SIDE 1 OF 2 LOT 5 BLOCK 1 4' CHAIN FENCE SET 1 FOUND 1/2" FENCE) INK FENCE 0.46(W RON ROD IRON PIPE 0.12(N) (TYPICAL) 0.46(N) AND CAP 30 00 100.00 'oss_____ WOOD_ P.P. 9p. 9 q0 9 O F ANCHOR w V A C A N T cO 0 y o B OVERHEAD ULIYWES m i L / ALONG LINE Ws O ASPHALT10 0.� a APRON 44 �.....�' N LLLLLL LLLLLL .. LOT 4 BLOCK 1 LLLLLLL x LLL✓.LLL W LLIRLLL ________ .tint -_ 30.00' LLL�.LLL FENCE 100•00� LLL-.LLLL FENCE SET 1/2" LLL,.LLL '1(N) 1,14'(N RON ROD LLLLLLL 0.2'(E) 0,9'(W) AND CAP LL1 lL SET ,/7'RON ROD LOT 3 BLOCK 1 1 AND CAP O O a BLOCK CORNER S. W. 4th. TERRACE SCALE: P=20' SKETCH NO.: 06-3527 DRAWN BYLDRAWN BY: Q.D.I. 2 OF 22 OF 2 CITY OF DANIA BEACH Agenda Item # 7• `� Agenda Request Database Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-128 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER,ESQ.,ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH,FOR THE PROJECT ALSO KNOW AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD,SOUTH OF DANIA BEACH BOULEVARD EXTENDED,AND EAST OF INTERSTATE 95,OANIA BEACH;FROM CHAPTER 28,"ZONING PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-15-07: The applicant, Stephanie J. Toolhaker, Esq., on behalf of the property owner Robert/Donna Krilich, is requesting variances for the property at Stirling Road and SW 18 Avenue. '. .. i. �s� ' e F? ° @t'e'tl it R5=1ig 3i3� i .. .., r ,.. .� �. i. �,arv. i -ryi• •mF Resolution Staff Report Location Map Application Criteria Statements Public Hearing Notice Mailing List 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 Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-128 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH, FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD,SOUTH OF DANIA BEACH BOULEVARD EXTENDED,AND EAST OF INTERSTATE 95, DANIA BEACH; FROM CHAPTER 28, "ZONING'; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21, "Schedule of Off-Street Parking Requirements" prescribes the Parking Regulations in a C-2 (Commercial) zoning district; and WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.22,"Off- Street Loading" prescribes the number of loading berths required for commercial uses within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5.20 "Height Regulations", prescribes the height requirements for commercial uses within the City of Dania Beach; and WHEREAS, Stephanie J. Toothaker, Esq., on behalf of the property owners Robert and Donna Krilich, has applied for variance (VA-15-07) for the following: I) Request to provide 150 parking spaces for a Summerfield Suites Hotel; (Chapter 28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 182 parking spaces are required); 2) Request to provide 140 parking spaces for a Hyatt Place Extended Stay Hotel; (Chapter 28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 196 parking spaces are required); 3) To allow a hotel building height of 6 stories up to 67 feet (to main roof); (Chapter 28, Article 5.20 Height Regulations, states that a maximum of 5 stories / 62 feet is permitted); 4) To allow 1 loading berth for the Hyatt Place hotel; (Chapter 28, Article 6.22 Off-Street Loading, requires 4 berths); and 5) To allow 1 loading berth for the Summerfield Suites hotel;(Chapter 28,Article 6.22 Off- Street Loading, requires 5 berths), for property generally located north of Stirling Road,south of Dania Beach Boulevard Extended,and east of Interstate-95, Dania Beach; and WHEREAS,the Planning&Zoning Board on June 20,2007,recommended approval of the variance request with 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-15-07), for a variance as described above (from requirements in Chapter 28, "Zoning", Article 6.21, "Schedule of Off-Street Parking Requirements",Article 6.22,"Off-Street Loading",and Article 5.20,"Height Regulations"),a copy of which is attached as Exhibit "A" is approved, with the following conditions: 1. Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division). 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees to be removed from the site. The mitigation must be paid prior to issuance of a building permit (Landscape Consultant). 3. Determination by Public Services Director that sufficient stacking and travel capacity is provided on both east-bound Stirling Road (left turn lane onto SW 18`" Avenue) and SW 18`h Avenue. 4. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit(Public Services; 6-14-07). 5. Adequate water supply must be provided; 1)fire flow demand—signed and sealed by engineer,2)flow tests must be conducted prior to issuance of a building permit. (Fire Marshal). 6. Provide a full time, on-demand, 7 day/24 hour airport shuttle(Planning and Zoning Advisory Board). 2 RESOLUTION#2007-128 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. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2007-128 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 24, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: SP-08-07/VA-1 5-07/SE-33-07: The applicant, Stephanie J. Toothaker, Esq., on behalf of the property owner Robert/Donna Krilich, is requesting a special exception, variances and site plan for the property at Stirling Road and SW 18 Avenue. SPECIAL EXCEPTION To allow a Hyatt Place Hotel and Summerfield Suites Hotel. VARIANCE I. To allow 140 parking spaces for the proposed Hyatt Place hotel (196 spaces required). 2. To allow 150 parking spaces for the Summerfield Suites hotel (182 parking spaces required). 3. To allow a hotel building height of 6 stories/67 feet to main roof (Maximum 5 stories/62 feet permitted). 4. To allow 1 loading berth for the Hyatt Place hotel (4 berths required) 5. To allow 1 loading berth for the Summerfield Suites hotel (5 berths required) SITE PLAN To allow the construction of two hotels. PROPERTY INFORMATION ZONING: Commercial (C-2) LAND USE DESIGNATION: Commercial The subject property (currently vacant) is located north of Stirling Road, south of Dania Beach Boulevard, and east of Interstate 95. The applicant is proposing the construction a Hyatt Place and Hyatt Summerfield Suites for a total of 292 hotel rooms. The site plan shows 30% pervious area. SPECIAL EXCEPTION Hotels are permitted in the C-2 zoning district with a Special Exception to allow additional review of the projects impacts on the surrounding area. The applicant has submitted a traffic study, which has been approved by the City Engineering Consultant and the Public Services Director. VARIANCE Parking Variance Requests # of Rooms Parkinq Required Parking Provided Hyatt Place 149 196 spaces 140 spaces (0.94 per room) Summerfield 143 182 spaces 150 spaces Suites (1 .05 per room) (Extended Stay) TOTAL 292 378spaces 290 spaces In 2005 the City Commission approved the Best Western Hotel (NW corner of 1-95 and Stirling Road) with 1 .01 parking spaces per room. Approval was based on a commitment to provide guest airport shuttle service from the hotel to the airport. The Airport Hilton and Courtyard Marriot also obtained parking variances (0.75 and 1 .0 spaces per room respectively) based on dedicated airport shuttle service. The applicant provides an average of 0.98 spaces per unit, similar to what has been approved for three other hotels along the 1-95 corridor. Staff can support the variances if the applicant (a) commits to a full time on- demand 7 day/24 hour airport shuttle that can be enforced against subsequent property owners as confirmed by the City Attorney, and (b) subjects the land to a cross-parking easement allowing any user to park anywhere on the site at anytime, said easement to be recorded prior to issuance of any development or building permits. Building Height To allow a hotel height of 6 stories/67 feet; maximum height of 5 stories/62' allowed. The City's Future Land Use Plan (Commercial) and the existing surrounding development including Springhill Suites (54'5') and Hilton Gardens (57'3'), support a 6 story hotel at this location. Loading Berths ■ To allow 1 loading berth for Hyatt Place (4 berths required) • To allow 1 loading berth for Summerfield Suites (5 loading berths) The applicant has provided one loading berth per hotel, located under the entry canopy of each building. The loading berth requirement is primarily intended for commercial and retail uses, not office or hotels. Staff recommends approval. SITE PLAN City Landscape Consultant Patty McCloud has inspected the site and determined that most of the oak trees sustained significant damage from Hurricane Wilma. Based on Ms. McCloud's recommendation, the applicant will relocate the existing Sable Palms, remove all dead and dying trees, and preserve healthy existing trees along 1-95. The City Code (based on Mr. McCloud's evaluation) requires a $10,500.00 tree bond. This bond (which has been paid) will be transferred to the city landscape trust fund if the relocated trees do not survive one year after CO. The applicant shall also deposit $43,400.00 into the landscape trust fund as mitigation for trees removed from the site. Mitigation must be paid prior to issuance of any development permits, including any grading, clearing, or grubbing permits. This project was reviewed by the Planning Division, Public Services, the Fire Marshal and the City's Landscape Consultant. The following outstanding conditions must be met before issuance of any development permits. 1 . Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division). 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees removed from the site. The mitigation must be paid prior to issuance of any development permits, including any grading, clearing, or grubbing 9 permits (Landscape Consultant). 3. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit (Public Services; 6-14-07). 4. Adequate water supply must be provided; 1 ) fire flow demand - signed and sealed by engineer, 2) flow tests must be conducted prior to issuance of a building permit. (Fire Marshal). 5. Provide a full time, on-demand, 7 day/24 hour airport shuttle (Planning and Zoning Advisory Board). PLANNING AND ZONING BOARD RECOMMENDATION On June 20, 2007 the Planning and Zoning Board recommended approval of the requested variances, special exception and site plan provided the applicant address the outstanding staff comments, provide a full time, on- demand, 7 day/24 hour airport shuttle (enforceable against subsequent property owners), cross-parking easement. STAFF RECOMMENDATION Staff concurs with the Planning and Zoning Board recommendation, subject to the following additional special exception condition: Special Exception approval shall apply only to a Hyatt Place Hotel and Summerfield Suites Hotel. Location Map: I This Site W DANIABEACR BLW 0 IR0 W � IROC Q �- C-2 � ROM W � I i A-1 C2 3 3 , STIRLLNG RD City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954)924-3645 0 Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning ; Date Rec'd: ❑ SRe Plan❑ 7 it '! i d1 Special Exception Petition Not: '01 ❑ Special Request ❑ Trafflcway Waiver ,;') M 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"cheddist 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 Oty's Building Department. Location Address: Stirling Road and I-95, Dania Beach Florida see survey with Site Plan Lot(s): application Block: Subdivision: Recorded Plat Name: see legal description and survey attached to 1/25 Site Plan application 504233090010, 504233480020, 504233480012, 504233390020 Folio Number(s): 504233480011 Legal Description: see desc attached to 1/25 Site Plan AppkaxCt ftxLst:ItemVlt.egal Representative (circle one) Stephanie J. Tcothaker, =-q Address of Applicant: 450 East Las Olas Boulevard, Suite 700, Fort Lauderdale FL 33001 Business Telephone: 954-523-2427 Home: Fax: 954-523-9146 Nameof Property Owner: RobertiDonna Krilich Address of Property Owner: 951 Flamingo Drive, Fort Lauderdale, Florida 33023 Business Telephone: 954-760-9719 Home: Fax: 954-760-4792 Explanation of Request: Parking Variance Approval (accompanying Site P1-n dpprc ill Prop. Net Acreage: 3.6942 GrossAcreag-z: 9.6942 Prop. Square Footage: 422,2 Existirg Use: c-2/'-end Proposed use: Hotel Is property owned individually, by a corporati( or a joint venture? Individual I and nd that plan and variance approval automatically expires within 12 % mon f Ci m sion proval, pursuant to Ordinance No. 2005-040. Stephanie J. Toothaker, Esq. March 2, 2007 ppli ner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIV TARIZED SIGNATURE Sworn to and subscribed before me AD0k211V Lu0Kd epr tadve: This 2nd day of March 2U o7 S igna -a- ' arch 2, 2007 Stephanie J. Toothaker Sign Name of Notary Public (Print Name) State of( ) 450 East Lae 01as Boulevard, Suite 700 Fort Lauderdale, FL 33301 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-523-2427 phone 954-523-9146 fax Seal: Telephone No. A Fax No. 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 (hWka0E1!CnmsA1aMPepresentative) Stephanie J. Toothaker, Esg to make and file the aforesaid application. Swcawigp.and subscribed before me Owner: Donna Kril h Thit day o 1 Ch 200� Signature: (� Date: •^ Z00 Donna Krilich Sign Name NotaryI Public (Print Name) State of(lPo Q Qom) 851 Flamingo Drive Fort Lauderdale, FL 33023 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-760-9719 phone 954-760-4742 fax Seal: Telephone No. & Fax No. '':ti•,, Nancy Nmascn MYCCMMISSI00p 0191590 EY?JgS 90NCED!KU1:GY'4 YLPF 'KE X 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 L1 ea V go Data ReCd: ❑ Site Plan �U ❑ Special Exception Petition No.: VA ❑ special Request MAY 2 5 2007 ❑ Traffkway Waiver ® Variance ❑ Vacation Request Planning ❑ other: Department 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 Documentatlon"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 Locatlon Address: Stirling Road and I-95, Dania Beach, Florida see survey with Site Plan Lot(s): application Block: Subdivision: Recorded Plat Name: see legal description and survey attached to 1/25 site Plan application 504233090010, 504233480020, 504233480012, 504233390020 Folio Number(s): 504233480011 Legal Description: see desc attached to 1/25 site Plan AppRmr#Q =ltm*Legal Representative(circle one) Stephanie J. Toothaker, Esq. Address of Applicant: 450 East Las Olas Boulevard, Suite 700, Fort Lauderdale, FL 33001 Business Telephone: 954-523-2427 Home: Fax: 954-523-91•16 Name of Property Owner: Rob r-/ onna K ill h Address of PropertyOwner: 851 Flamingo Drive, Fort Lauderdale, Florida 33023 Business Telephone: 954-790-9719 Home: Fax: 954-760-4792 Explanation of Request: _Loading Berths Variance Approval (accompanying site Plan approval) Prop. Net Acreage: 9.ee42 Gross Acreage: 9.e942 Prop. Square Footage: 422,279.35 Existing Use: c-2/Land Proposed Use: Hotel Is property owned individually, by a corporation, or a joint venture? rndividual I understand that site plan and variance approval automatically expires within 12 months City Comm!1016n approval, pursuant to Ordinance No. 2003-040. Stephanie J. Toothaker, Esq. May 24, 2007 p cant/Owner s gnature Print Name Date LAO-APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Xpp7ira- tkata>sr esentadve: This 24th day of May 20. 07 Sign 71 .,-,A.*� Date. ay 24, 2007 Stephanie J. Toothaker, Esq. Sign Name of Wary Public (Print Name) State of 450 East Las Olas Boulevard, Suite 700 • ...,, NOIWTho"ldl Fort Lauderdale, FL 33301 f 007 Street Address, City, State and Zip Code a lo8ow,wunorNdaNNRNKINC Commission Expires: 954-523-2427 phone 954-523-9146 fax Seal: Telephone No. &Fax No. 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 (401101RUCInlAhaM ikepresentative) Stephanie J. Toothaker, Esar. to make and file the aforesaid application. Sworn to,and subscribed before me Owner: +er ioh Thi -day of(Y-0, _ 20Qj}- 5' r Date: fa o 9 ' b� lic— ��a Kri lich TS[gnhnamef Notatary`ry Public (Print Name) State of 851 Flamingo Drive Fort Lauderdale, FL 33023 QXigt Narne o�l� tinn7lmOson Street Address, City, State and Zip Code -ng'� `.1Y CCMMISSIONI 0owm EXFiR 1' fT1is510n EA�t�9i 4007 954-760-9719 phone 954-760-4792 fax s` ): Ec�aG;cyFMr -- Telephone No. & Fax No. 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❑ Rezoning Delegation Request OEM ll�� Data Rec'd• ❑ Site Plan ❑ special Exception MAY 2 5 2007 Petition No.: vA-i s— 01 ❑ Special Request ❑ Trafficimay Waiver ® Variance 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 obtain a building permit from the City's Building Department. Location Address: Stirling Road and I-95, Dania Beach, Florida see survey with Site Plan Lot(Sy application Block: Subdivision: Recorded Plat Name: see legal description and survey attached to 1/25 site Plan application 504233090010, 504233480020, 504233480012, 504233390020 '544 2 3 d 3') 0e,1 0 Folio Number(5): 504233480011 Legal Description: see desc attached to 1/25 site Plan Appkmr# ka)nt/Legal Representative (circle one) Stephanie J. Toothaker, Esc. Address of Applicant: 450 east Las alas Boulevard, Suite 700, Fort Lauderdale, FL 33001 Business Telephone: 954-523-2427 Home: Fax: 954-523-9146 Name of Property Owner: Robert/Donna Kriiich Address of Property Owner: 851 Flamingo Drive, Fort Lauderdale, Florida 33023 Business Telephone: 954-760-9719 Home: Fax: 954-760-4792 Explanation of Request: auilding Height Variance Acproval (acccmpanying Site Plan approval) Prop. Net Acreage: 9.6942 Gross Acreage: 9.6942 Prop. Squa re Footage: 422,2'79.35 Existing Use: c-2/1-and Proposed Use: Hotel Is property owned individually, by a corporation, or a joint venture? Individual I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2003-040. Stephanie J. Toothaker, Esq. May 24, 2007 Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATU Sworn to and subscribed before me upPit W4V=ueltatta/R tative: This 24th day of May 20 07 atu Dat ay 24, 2007 s Stephanie J. Toothaker, Esq. Sign Name oftlotary Public (Print Name) State of( P f j A-41 45o East Las olas Boulevard, Suite 700 Fort Lauderdale, FL 33301 001191590 DD'M Street Address, City, State and Zip Code y 3urle tq 2007 Rf &0NO THMJ=FAWWOWANt{WC Commission Expires: 954-523-2427 phone 954-523-9146 fax Seal: Telephone No. &Fax No. 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 (AWkaRW0§mid1a /Representative) Stephanie J. Toothaker, Esa to make and file the aforesaid application. 9*f,4,+ Sworgtund subscribed before me Owner: a~& K ch Thi -dayol`Vl1 ,y 20�� Sign e: r� Date: , S" 1, 7 � Krilich Sign Name Notary Public (Print Name) State of(�`Gr ��C�- ) 951 Flamingo Drive Fort Lauderdale, FL 33023 I%, r5? !N' ,oyr 00191590 EV RES Street Address, City, State and Zip Code 14 2007 C �k'Si0f9 ESpOr FaNINSURANCEW- 954-760-9719 phone 954-760-4792 Eax Seal: Telephone No. & Fax No. OTO Dania Beach Hotel Site Parking Variance Criteria Statement Background OTO Development("Applicant") has applied for a parking variance for its Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast corner of the intersection of Stirling Road and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six- story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Discussion of Variance Criteria According to the City of Dania Beach Land Development Code ("Code"), Section 6.20 (7) Hotels,the hotels at the Applicant's site would require 1.5 spaces per room or suite for the first 25 rooms or suites and 1.1 spaces per room or suite for each room or suite above 25 rooms. Additionally, the Section 6.20 (9) requires 1 parking space for each 75 sq. ft. of meeting space. The Code, therefore, requires the Applicant to provide parking as follows: Hyatt Place— 149 rooms; 1,634 sq. ft. of meeting space 1"25 rooms x 1.5 spaces/room 38 spaces Remaining rooms (124) x 1.1 spaces/room 136 spaces 1,634 sq. feet/ 75 sq. ft./ space 22 spaces Total Required Spaces 196 spaces Summerfield Suites— 143 rooms; 1,033 sq. ft. of meeting space 1"25 rooms x 1.5 spaces/room 38 spaces Remaining rooms (118) x 1.1 spaces/room 130 spaces 1,033 sq. feet/ 75 sq. ft./ space 14 spaces Total Required Spaces 182 spaces Total Spaces Required for Project 378 spaces The Applicant's site plan provides parking, including handicap parking, as follows: Hyatt Place 140 spaces Summerfield Suites 150 spaces Total 290 spaces According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, the Applicant meets the following criteria: 1 (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 subject property provides two limited service, airport-oriented hotels of a class that typically requires less parking than full-service or suburban hotels. The parking requirements in the Code are more suited to either a full-service hotel (a hotel that would include restaurants, several meeting rooms, Business Centers, Lounges with Entertainment, etc.) or a traditional hotel where patrons typically arrive by their own vehicle. This hotel will be readily accessible to the Ft. Lauderdale - Hollywood International Airport, providing a convenient location to the airport by economical shuttle/taxi service, resulting in a decreased demand for parking. Moreover, many of the anticipated patrons will be cruise passengers mostly transported by taxi, shuttle, or bus, a factor that further alleviates this site's particular need for the extensive parking provided by the Code. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property do not result from the actions of the Applicant, but, rather, are inherent to the character of the property. The property is naturally suited to the development of a hotel location, especially given the similar hotel developments presently existing in the immediate vicinity of the Applicant's property. The circumstances which give rise to the reduced need for parking at this hotel location are its close proximity to the airport and the existing road network that provides ready access to the airport. (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; Providing a parking variance would not result in a special privilege to the Applicant and would not result in any negative circumstances for neighboring properties or for the City. A parking variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity of the Applicant's site is a group of similar hotels that do not meet the parking requirements addressed in the Code, yet these locations appear to operate successfully, without parking congestion. Some examples of similar hotels functioning successfully, without parking congestion, that do not meet the current Code requirements include: 1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street, just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms. This hotel provides 158 standard parking spaces and six handicap spaces, totaling 164 usable parking spaces. 2) Spring Hill Suites: This hotel is located at 151 SW 18th Court, just west of the Applicant's proposed site. This hotel has 168 rooms and one meeting room of 600 square 2 feet. This hotel provides 158 standard parking spaces and six handicap spaces which totals 164 parking spaces. 3)Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and has 104 rooms with one meeting room 648 square feet in area. This hotel has 103 standard parking spaces and five handicapped spaces for a total of 108 usable parking spaces. 4) Comfort Inn: This hotel has 189 rooms and provides 163 standard parking spaces and five handicapped spaces for a total of 168 usable spaces. It should be noted that in the surrounding cities it is unusual practice for hotels to provide more than one parking space per room/suite. For instance, the applicable land development code for the City of Fort Lauderdale requires one parking space per room in any hotel, as does the City of Hollywood. (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 interpretation of the provisions of this chapter will 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. As noted previously, there are several other hotels in the same zoning district that do not meet the requirement of 1.5 spaces per each room for the first 25 rooms and 1.1 spaces per room over 25 rooms. The other hotels are all following a pattern of one parking space per room. This ratio results in smooth and non-congested parking operation at these other similarly located and similarly oriented hotels. If the Applicant were to follow this customary standard of one parking space per room, 292 spaces would be required, and the Applicant's plans provide 290 spaces. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's site plan layout does not accommodate more expansive surface parking without unduly affecting the natural environment and impacting retention and water recharge, and the use of structured parking would be cost prohibitive at this location. (0 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. This variance request is in harmony with the general intent and purpose of the Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. This variance will promote uniformity in the applicable standards to hotels operating in 3 the district. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. For the above- stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this case. The Applicant respectfully asks for your approval of this variance application. 4 OTO Dania Beach Hotel Site Building Height Variance Criteria Statement Background OTO Development has applied for a parking variance for its Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast corner of the intersection of Stirling Road and I-95 and the southeast comer of the intersection of Dania Beach Boulevard and 1-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six- story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Discussion of Variance Criteria Article 4 "District Regulations"of the City of Dania Beach Land Development Code ("Code"), sets forth the Schedule of Lot, Yard, and Bulk Regulations that pertain to particular zoning districts of the City. The schedule provides that the maximum height permitted in C-2 zoning districts is either(1) 2 stories/ 35 feet with 90 percent lot coverage or(2) 3 stories/40 feet with 75 percent lot coverage but further provides in its "Note 2" that Sections 5.22 and 5.41 supplement these restrictions. Section 5.22 sets forth permitted exceptions to the height regulations and subsection (g) provides that buildings erected in C-2 districts on properties five acres or larger are permitted a maximum floor area total, excluding parking areas, of 200 percent of the lot area "without limits as to the height of the structure" so long as the building meets the Code's minimum yard requirements. Section 5.22(h) specifically provides that "(fJor any and all buildings to be erected in any zoning district in Dania Beach the permitted height shall not exceed five (5) stories or sixty-two (62) feet, whichever of the two shall be the least. Section 5.41 does not apply to the Applicant's proposed buildings because the site is located in a C-2 district on property that is five acres or larger, which size takes the Applicant's proposed buildings out of the coverage 5.41(c) because the section's scope is expressly limited by 5.22(e) to buildings in C-2 districts erected on properties less than one acre in size. The Applicant's site plan provides for two hotel buildings, each of which exceeds the Code's permitted height: Hyatt Place 6 Stories 75 feet Summerfield Suites 6 Stories 86.83 feet I According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the following criteria: (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 Applicant proposes to erect two buildings designed according to specifications established by Hyatt Hotels, a recognized global leader in high-quality hotel establishments and operations. The Applicant has limited flexibility in departing from Hyatt's design specifications, and, moreover, the financial feasibility of the proposed operation of the buildings as hotels depends largely on the number of rooms that can be brought to market. A reduction in building height to remove one story, for example, would likewise reduce the number of rooms that could be offered to the public and render the project infeasible in the Applicant's view. Hyatt has completed extensive market research into the public demand for hotel lodging adjacent to airports and has determined that hotels built according to their design specifications meet that public demand. Because there is no relevant Code provision that specifically applies to the building height of hotel uses next to Interstate 95 and adjacent to the Fort Lauderdale-Hollywood International Airport, it appears the relevant Code provisions were written to serve the more general case of building heights in the C-2 districts that occur throughout the City and to encompass the wide variety of uses including but stretching far beyond hotels. This requested variance more suitably balances the City's needs to promote public welfare with demonstrated public demand. This location is not adjacent to or otherwise near residential districts such that a variance to permit a one story increase in building height would frustrate homeowners or impede their views in any way. Moreover, because Interstate 95 is an elevated major thoroughfare and the additional building height reasonably promotes visibility of the hotel from the 1-95's elevated vantage, a variance to permit a slight one story increase would facilitate the public's efforts to locate the hotel. Travelers arriving from the airport who may be unfamiliar with the area would likely appreciate the site's additional visibility resulting from the slightly increased building height. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property and buildings discussed above do not result from the actions of the Applicant, but, rather, are inherent to the character of the property and the proposed facilities. The location of the property next to 1-95 and the airport is not the result of any action by the Applicant. Hyatt's design specifications for the hotels, including building height and other characteristics, also are not the result of any action by the Applicant but were promulgated by Hyatt. Finally, the fact that an increased building height is required to support the additional rooms needed to maintain the project's financial feasibility is the result of local market factors, not the actions of the Applicant. 2 (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; Providing a building height variance would not result in a special privilege to the Applicant and, also, would not result in any negative circumstances for neighboring properties or for the City. A building height variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity as the Applicant's proposed development site is a group of similar hotels that do not meet the building height requirements addressed in the City's current Code, and these locations do not appear to be the cause of public frustration or other negative impacts. Some examples of similar hotels functioning successfully, without causing public frustration or other negative impacts, that do not meet the current City Code building height requirements include: 1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164 usable parking spaces. This facility has six stories and an unknown height in feet. 2)Marriott Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600 square feet, and provides 164 usable parking spaces. This facility has seven stories and an unknown height in feet. (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; A literal interpretation and application of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other similar properties in the same zoning district and would work unnecessary and undue hardship on the Applicant. As noted previously, there are other adjacent hotels in the same zoning district that do not meet the Code's building height requirement. The other hotels in the Applicant's close vicinity each were designed with and erected with a building height that appropriately suits the operational characteristics and requirements of limited service, airport-oriented hotels. If the Applicant were required to limit its building height to five stories, as literally required by the Code, the design characteristics of the hotel would be severely and negative!, mpacted and the overall facility would fail to meet Hyatt's promulgated hotel design specifica is and would not be financially feasible. Moreover, the hotels would be more difficult out-of-town travelers to locate, especially considering the placement of the Applicant's site id (as seen from Stirling Road) what would then be the taller Hilton Garden Inn and M: SpringHill Suites hotels. 3 (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's proposed buildings exceed the Code's building height limitations by only one story to meet the needs of the project and satisfy public demand discussed above. The Applicant's site design not only meets the more permissive lot coverage requirements of Section 5.22(g) but even though the provision is not applicable, also meets the site coverage limitations set forth in Section 5.41(c) that pertains to buildings erected on properties less than one acre in size. The attached chart entitled "Interpolation of Maximum Permitted Coverage versus Building Height per Dania Beach Code" illustrates the point that the building coverage the Applicant proposes does not exceed the interpolated maximum threshold established by the Code. The overall building coverage for both buildings together is 12.52% of the developed site (5.64% for Hyatt Place at 335,074 sq. ft. and 6.88% for Summerfield Suites at 335,074 sq. ft.), while the average height of the buildings is 81.5 feet. At 81.5 feet, the Code's maximum permitted coverage appears to be close to 18 percent — almost 5.5 percent higher than the coverage the Applicant proposes. Even applying 86.83 feet, the maximum height of the Applicant's two proposed buildings, the Code's maximum permitted coverage appears to be close to 15 percent, with the Applicant's 12.52% overall coverage still clearly below that threshold. 69 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. There are no foreseen negative effects that would result from the slightly increased building height the Applicant proposes. This variance will promote uniformity in the applicable standards to hotels operating in the district in the proximity of the Applicant's proposed location. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. For the above- stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this case. The Applicant respectfully asks for your approval of this variance application. 4 OTO Dania Beach Hotel Site Loading Berth Variance Criteria Statement Background OTO Development has applied for a parking variance for its Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast comer of the intersection of Stirling Road and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004-acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six- story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Discussion of Variance Criteria According to the City of Dania Beach Land Development Code ("Code"), Section 6.22 OFF- STREET LOADING, provides that for every building or building group having a gross floor area of more than 4,000 square feet, which is to be occupied by commercial, retail, or industrial use, there shall be provided and maintained on the same lot with such building, off-street loading or unloading berths in a number not less than 3 berths for 40,001 to 60,000 square feet and 1 berth for each additional 25,000 square feet. According to this requirement, the Applicant would need to provide eight or nine loading berths, depending whether the buildings are considered individually(nine berths required) or the building group is considered collectively(eight buildings required). The Hyatt Place building consists of 75,458 gross square feet. The Summerfield Suites building consists of 108,864 gross square feet. On this basis the Code requires as follows: Hyatt Place - 75,458 gsf First 60,000 gsf— 3 loading berths Remaining 15,458 gsf— 1 loading berth Total required by Code 4 loading berths Summerfield Suites— 108,864 gsf First 60,000 gsf 3 loading berths Remaining 48,864 gsf 2 loading berths Total required by Code 5 loading berths -or- Hyatt Place & Summerfield Suites— 184,322 gsf First 60,000 gsf 3 loading berths Remaining 124,322 gsf 5 loading berths Total required by Code 8 loading berths 1 The Applicant's site plan provides one loading berth per hotel or two loading berths for the building group. According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the following criteria: (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 subject property is a limited-service, airport-oriented hotel facility of a class that typically requires less loading transfer capacity than other industrial, commercial, or retail uses. The loading berth requirements in the Code are more suited to either an industrial facility designed to receive materials and output goods or a retail facility where, possibly, there may be a more extensive need for accepting delivery of goods. (b) That the special conditions and circumstances do not result from the actions qf the applicant. The special conditions and circumstances of the property do not result from the actions of the Applicant, but, rather, are inherent to the character of the property and the proposed facilities. A limited-service, airport-oriented hotel does not have need for the extensive number of loading berths required by the Code and, in fact, neighboring limited service, airport-oriented hotel facilities appear to operate adequately with a number of loading berths similar to that the Applicant proposes. For example, nearby Hampton Inn and Comfort Inn hotels each have one loading berth and each appears to operate adequately. The Hilton Garden Inn, another nearby hotel, has two loading berths for its hotel and appears to have more than ample loading transfer capacity for the facility. No special conditions or circumstances, therefore, are foreseen to result from the Applicant's loading berth plans. (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; Providing a loading berth variance would not result in a special privilege to the Applicant and, also, would not result in any negative circumstances for neighboring properties or for the City. A loading berth variance would permit the Applicant to operate the hotel on the in a property manner consistent with other successfully operating neighboring hotels. Located in the same vicinity as the Applicant's proposed development site is a group of similar hotels that do not meet the loading berth requirements addressed in the City's current Code, and these locations appear to operate successfully, without loading transfer congestion. Some examples of similar hotels functioning successfully, without loading transfer congestion, that do not meet the current City Code loading berth requirements include: 2 1) Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and is a 104 room hotel with one meeting room and 648 square feet of meeting space. This hotel has 108 usable parking spaces. This facility has one combined-use guest drop-off/ loading berth area. 2) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164 usable parking spaces. This facility has two loading berth areas: one combined-use dumpster area/ loading berth and one combined use guest drop-off area/loading berth. 3) Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600 square feet, and provides 164 usable parking spaces. This facility has three loading berths, including one combined-use guest drop-offloading berth area. 4) Comfort Inn: This hotel has 189 rooms with 168 usable parking spaces. This facility has one combined-use guest drop-off/loading berth area. (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; A literal interpretation and application of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other similar properties in the same zoning district and would work unnecessary and undue hardship on the Applicant. As noted previously, there are several other hotels in the same zoning district that do not meet the Code's loading berth requirement. The other hotels in the Applicant's close vicinity each were designed with and use the number of loading berths that more appropriately suit the operational characteristics and requirements of limited service, airport-oriented hotels. This design feature incorporating a limited number of loading berths results in smooth and non-congested operation at these other similarly located and similarly oriented hotels. If the Applicant were required to incorporate eight or nine loading berths into its design plans, as literally required by the Code, the design characteristics hotel facility would be severely and negatively impacted and the overall facility would begin to look more like a warehouse than a limited service, airport-oriented hotel. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's site plan will not accommodate more expansive loading berth facilities without unduly affecting the natural environment and impacting open space, retention, and water recharge. 3 (n 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. There are no foreseen negative effects that would result from the number of loading berths the Applicant proposes. This variance will promote uniformity in the applicable standards to hotels operating in the district. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. For the above- stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this case. The Applicant respectfully asks for your approval of this variance application. 4 "I RO((' n 450 East Las Olas Boulevard &SAYFIE Fort Lauderdale, Florida 33301 954.523.2427 COUNSELORS AT LAW 954.523.9146 fax James J. Blosser Justin J. Sayfie Stephanie J. Toolhaker Norman Ostrau Jordana L.Jarjura July 6, 2007 Via Hand Delivery Mrs. Corinne Lajoie, AICP Principal City Planner, City of Dania Beach Community Development - Planning& Zoning Division 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: OTO Dania Beach Hotel Site SP-08-07 & VA 15-07 Dear Mrs. Lajoie, On behalf of our client OTO Development, please find herewith ten copies (two 24" x 36" and eight I I" x 17" for plans and drawings) of the Site Plan Package for City Commission consideration of the above-referenced project, including: 1) Signed and sealed survey; 2) Dimensioned site plan; 3) Dimensioned architectural elevations; 4) Dimensioned landscape plan; 5) Conceptual civil plans; 6) Dimensioned floor plan; 7) Color renderings of all elevations of structures; 8) Lighting plan; 9) Signage plan; and 10) Variance criteria statements: Parking, Building Height, and Loading Berth. Should you have any questions or comments on our proposal, please do not hesitate to contact me, Stephanie Toothaker, or Steve Wherry at 954-523-2427. Sincerely, ?StJue, Esq. Enclosures OTO Dania Beach Hotel Site — SP-08-07 & VA 15-07 Responses to Staff Site Plan Review Comments of June 19 2007 1. Setback line identified on Sheet C-1 must be amended to eliminate area of outparcel. Outparcel should be a free standing piece of land, therefore the footprint of the proposed Hyatt Place and Summerfield Suites cannot encroach into the Outparcel property. Revise accordingly (Planning Division). Response: The Setback Line on the Overall Site Plan, Sheet C-1 of C-9, the Hyatt Place Site Plan, Sheet C-2 of C-9 and the Summerfield Suites Site Plan, Sheet C-3 of C-9 has been revised to exclude the Outparcel. The Setback Line has been revised using the limits of the Outparcel as the basis for the determination of the setback. The Outparcel is now viewed as a free standing piece of land for future development. 2. Revise 'Parking Calculations' on sheet C-1 to reflect 4 loading berths required for Hyatt Place and 5 loading berths required for Summerfield Suites, as reflected in the applicant's variance criteria statement (Planning Division). Response: The 'Parking Calculations on the Overall Site Plan, Sheet C-1 of C-9, the Hyatt Place Site Plan, Sheet C-2 of C-9 and the Summerfield Suites Site Plan, Sheet C-3 of C-9 have been revised to correctly reflect 4 Loading Berths are required for the Hyatt Place and 5 Loading Berths are required for the Summerfield Suites. 3. Revise 'Site Data' on sheet C-1 to reflect the building height of both buildings illustrated on the exterior elevation drawings for each building. The building height identified on Sheet C-1 and shown on the elevation should be the same. Clarify (Planning Division). Response: The Site Data for the Overall Site Plan, Sheet C-1 of C-9, the Hyatt Place Site Plan, Sheet C-2 of C-9 and the Summerfield Suites Site Plan, Sheet C-3 of C-9 have been revised to reflect both the Maximum ('Physical) Building Height and Height At Finished Ceiling (as required by code). Note that the following data related to height is now reflected on aforementioned Site Plan sheets: Hyatt Place Building Height At Top Of Parapet— 75 Ft. Building Height At Finished Ceiling— 56 Ft. Summerfield Suites Building Height At Top of Crown — 86.83 Ft. Building Height At Finished Ceiling— 66 Ft. 4. Must provide 'double-blind' pedestrian access as part of dumpster detail. Revise site plan drawings on all plans to reflect detail shown on Sheet C-1 in drawing and in the detail (Planning Division). 1 Response: All Site Plans and Preliminary Engineering/Landscape Plans have been revised to reflect the required 'Double-Blind' pedestrian access to the dumpster enclosure area as required per the City Dumpster Detail shown on the Overall Site Plan, Sheet C-1 ofC-9. 5. Provide letter from solid waste service provider stating the proposed number of dumpsters is sufficient to serve the proposed development with 2x weekly pickup. 2nd time requested (Planning Division). Response: Refer to the attached letter from Mr. Vance Van Etten, Territory Manager for Waste Management indicating that one (1) 8 yard dumpster per hotel to be serviced twice weekly will be adequate with the occasional possibility of having to increase pickups, depending on circumstances. The proposed dumpster enclosure area is more than adequate to accommodate the required 8 yard dumpster. 6. Applicant must provide a bond to the City for $10,500.00 to ensure the survival of the existing trees & pay to the City's Tree Trust fund $43,400.00 for the trees to be removed from the site. The bond and mitigation must be paid prior to issuance of a building permit (Landscape Consultant). Response: On July 2, 2007, the City received the Applicant's $10,500.00 check for the tree bond. The Applicant will pay the remaining $43,400.00 amount for the City's Tree Trust Fund prior to obtaining building permits. 7. The traffic study prepared by Kimley-Horn and Associates has addressed all concerns. However, the site plan prepared by Consul-Tech will need to be reviewed in order to recommend approval (CGA— Public Services). Response: James Spinks of Calvin Giordano & Associates (Consulting Engineer for the City) has completed his further review of the Site Plan related documents. Based upon the June 27t" meeting held at the City with City Planning staff and James Spinks of Calvin Giordano &Associates, agreed with John McWilliams of Kimley-Horn Engineers (Traffic Engineer for the project) analysis that the existing eastbound left turn lane on Stirling Road at SW 18th Avenue has adequate storage to accommodate the additional traffic (turning movements) to be generated by the proposed project. James Spinks requested that the Adjacent Roadways Exhibit'prepared to schematically reflect the adjacent roadways to be revised to reflect the approximate 260' of available storage for the eastbound left turn lane on Stirling Road at SW 18th Avenue. The Adjacent Roadways Exhibit' was revised to reflect the approximate length of the storage lane for the existing eastbound left turn lane on Stirling Road at SW 18`^ Avenue and two (2) signed and sealed print of the exhibit were forward to James Spinks by Federal Express on July 2"d for his review and approval. Mr. Spinks acknowledged by e-mail on July 5`h that he had received the print of the Adjacent Roadways Exhibit' and the he would be issuing a 'Letter of Compliance'for the project to the City in the very near future. 2 8. Public Services approved the project with the condition that the applicant submit updated drawings for further review and confirmation (Public Services; 6-14-07). Response: Updated drawings were forwarded to Dominic Orlando, Director of Public Services by Federal Express on June 14, 2007 for his further review and confirmation of acceptance for scheduling the project for Planning and Zoning Board and City Commission presentation. Any comments/issues still outstanding or not completely addressed at this time from the original comments of the Public Services Department will be addressed to the satisfaction of the City (Dominic Orland and/or Sean Brown, Fire Marshal) at the time of final site design development and construction plans preparation phase and provided to the City at the time of site construction permit submittal, as agreed by both Dominic Orlando, and Sean Brown. 9. Adequate water supply must be provided; 1) fire flow demand — signed and sealed by engineer, 2) flow tests must be conducted prior to issuance of a building permit. (Fire Marshal). Response: Fire Flow Demand Calculations signed and sealed by an engineer and Fire Hydrant Flow Test Results will be provided to the Fire Marshal for his review and approval at the time of final site design development and construction plans preparation phase and provided to the City at the time of site construction/building permit submittal, if still deemed necessary by the Fire Marshal based upon further discussion of the fact that a twelve (12') inch onsite and offsite water main extension is planned/proposed for the project. 3 BLOSSER450 East Las Olas Boulevard /� Suite 700 &SAW1E Fort Lauderdale, Florida 33301 COUNSELORS AT LAW 954.523.2427 954.523.9146 fax James J. Blosser Justin J. Sayfle Stephanie).Toothaker Norman Ostrau Jordana L.Jarjura March 2, 2007 Via Hand Delivery Mrs. Corinne Lajoie,AICP Principal City Planner City of Dania Beach Community Development/Planning& Zoning Division 100 West Dania Beach Boulevard MAR 11001 Dania Beach, Florida 33004 Plaartment RE: Parking Variance Application Dep OTO Dania Beach Hotel Site SP-08-07 City of Dania Beach Dear Mrs. Lajoie: On behalf of our clients, OTO Development, we respectfully submit a variance for the Dania Beach Hotel Development project. The 9.694 acre parcel of property site is located at the northeast corner of the intersection of Stirling Road and I-95 and the southeast comer of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six-story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a five-story hotel that consists of 143 rooms. The two hotels have a combined total of 292 hotel rooms. In addition to the proposed hotels, there is a 1.308 acre outparcel located on the proposed site. Together with this cover letter that discusses the variance criteria, we have included the variance application, and the application fee of$275.00. Discussion of Variance Criteria According to the City of Dania Beach Land Development Code, Section 6.20 (7) Hotels, the hotels at this site would require 1.5 spaces per room or suite for the first 25 rooms or 1 suites and 1.1 spaces per room or suite for each room or suite above 25 rooms. According to this requirement,the two hotels combined would require a total of 331 parking spaces. The site plan shows a total of 297 parking spaces which under the current code is a deficiency in the amount of 34 spaces or a 10%shortage. According to the City Code of Ordinances, Chapter 28,Article 10, Section 10.13,the development meets the following criteria: (a) That special conditions and circumstances exist whic h are peculiar to the land structure or building involved and which are not applicable t pp o other lands, structures or buildings in the same zoning district. The subject property is not a full service hotel. Instead, it is a limited service, airport- oriented hotel of a class that typically requires less parking than suburban hotels. The parking requirements in the City's Land Development Code are more suited to either a full service hotel (including include restaurants, several meeting rooms, Business Centers, Lounges with Entertainment, etc.) or a traditional hotel where patrons typically arrive by their own vehicle than a limited service, airport-oriented hotel, which is what we are proposing. This hotel will be readily accessible to the Ft. Lauderdale - Hollywood International Airport, providing a convenient location to the airport by economical shuttle/taxi service, resulting in a decreased demand for parking. Moreover, many of the anticipated patrons will be cruise passengers, most of whom would be transported by taxi, shuttle,or bus, further alleviating this site's particular need for the extensive parking provided by the Code. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property do not result from the actions of the applicant, but, rather, are inherent within the character of the property. The property is naturally suited to the development of a hotel location, especially given the similar hotel developments presently existing in the immediate vicinity of the applicant's property. The circumstances which give rise to the reduced need for parking at this hotel location are because of its close proximity to the airport and the existing road network that provides ready access to the airport. (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 coning district, Providing a parking variance would not result in a special privilege to the applicant and, also, would not result in any negative circumstances for neighboring properties or for the City. A parking variance would permit the applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in 1) the same vicinity is a group of similar hotels that do not meet the parking requirements addressed in the City's current Land Development Code, and these locations appear to operate successfully,without parking congestion. Some examples of similar hotels functioning successfully, without parking congestion, that do not meet the current City Code parking requirements include: 1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the proposed site consists of 156 rooms & suites, three meeting rooms, 158 standard parking spaces and six handicap spaces, totaling 164 usable parking spaces. They also had three additional standard spaces that were blocked because they installed gates to limit access into their parking areas. 2) Spring Hill Suites: This hotel is located just west of our proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites,one meeting room of 600 square feet. Provided parking includes 160 standard parking spaces and six handicap spaces which totals 166 parking spaces. They also had two additional standard spaces that were striped as fire lanes so in total, there is actually 164 usable parking spaces. 3) Hampton Inn & Suites: This hotel is located at 2500 Stirling Road is a 104 room hotel with one meeting room and 648 square feet of meeting space. This hotel has 103 standard parking spaces and five handicapped spaces for a total of 108 usable parking spaces. 4) Comfort Inn: This hotel has 189 rooms. There are 163 standard parking spaces and five handicapped spaces for a total of 168 usable spaces. Moreover, in the surrounding cities, it is not common practice for hotels to provide more than one parking space per room/suite. For instance,the City of Fort Lauderdale requires one parking space per room in any hotel, as does the City of Hollywood. (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 interpretation of the provisions of this chapter will deprive us of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. As noted previously, there are several other hotels in the same zoning district that do not meet the requirement of 1.5 spaces per each room for the first 25 rooms and 1.1 spaces per room over 25 rooms. The other hotels are all following a pattern of one parking space per room. This ratio results in smooth and non- congested parking operation at these other similarly located and similarly oriented hotels. 3 If we were to follow this customary standard of one parking space per room, we would only have to provide 297 rooms, which what we are providing. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Our site plan layout does not accommodate more expansive surface parking, without unduly affecting the natural environment and impacting retention and water recharge, and the use of structured parking would be cost prohibitive at this location. (n 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. This variance will promote uniformity in the applicable standards to hotels operating in the district. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. Please feel free to contact me to discuss any issues that may be necessary to satisfy your requirements or needs for the proposed project. Should you have any questions or comments on our proposal, please do not hesitate to contact me at my office at 954-523-2427 or on my cellular at 954-648-9376. Sincerely, i - /% Tom. ��tephafi J. Toothak Enclosures r 4 OTO Dania Beach Hotel Site MAY 2 5 2007 Parking Variance Criteria Statement Planning Background Departfnent OTO Development ("Applicant") has applied for a parking variance for its Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast comer of the intersection of Stirling Road and 1-95 and the southeast comer of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six- story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Discussion of Variance Criteria According to the City of Dania Beach Land Development Code ("Code"), Section 6.20(7) Hotels, the hotels at the Applicant's site would require 1.5 spaces per room or suite for the first 25 rooms or suites and 1.1 spaces per room or suite for each room or suite above 25 rooms. Additionally, the Section 6.20 (9)requires 1 parking space for each 75 sq. ft. of meeting space. The Code, therefore, requires the Applicant to provide parking as follows: Hyatt Place— 149 rooms; 1,634 sq. ft. of meeting space 1"25 rooms x 1.5 spaces/room 38 spaces Remaining rooms (124)x 1.1 spaces/room 136 spaces 1,634 sq. feet/ 75 sq. ft./space 22 spaces Total Required Spaces 196 spaces Summerfield Suites— 143 rooms; 1,033 sq. ft. of meeting space 1"25 rooms x 1.5 spaces/room 38 spaces Remaining rooms (124) x 1.1 spaces/room 130 spaces 1,033 sq. feet/ 75 sq. ft./ space 14 spaces Total Required Spaces 182 spaces Total Spaces Required for Project 378 spaces The Applicant's site plan provides parking, including handicap parking, as follows: Hyatt Place 140 spaces Summerfield Suites 150 spaces Total 290 spaces According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, the Applicant meets the following criteria: t (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 subject property provides two limited service, airport-oriented hotels of a class that typically requires less parking than full-service or suburban hotels. The parking requirements in the Code are more suited to either a full-service hotel (a hotel that would include restaurants, several meeting rooms, Business Centers, Lounges with Entertainment, etc.) or a traditional hotel where patrons typically arrive by their own vehicle. This hotel will be readily accessible to the Ft. Lauderdale - Hollywood International Airport, providing a convenient location to the airport by economical shutdc/taxi service, resulting in a decreased demand for parking. Moreover, many of the anticipated patrons will be cruise passengers mostly transported by taxi, shuttle, or bus, a factor that further alleviates this site's particular need for the extensive parking provided by the Code. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property do not result from the actions of the Applicant, but, rather, are inherent to the character of the property. The property is naturally suited to the development of a hotel location, especially given the similar hotel developments presently existing in the immediate vicinity of the Applicant's property. The circumstances which give rise to the reduced need for parking at this hotel location are its close proximity to the airport and the existing road network that provides ready access to the airport. (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; Providing a parking variance would not result in a special privilege to the Applicant and would not result in any negative circumstances for neighboring properties or for the City. A parking variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity of the Applicant's site is a group of similar hotels that do not meet the parking requirements addressed in the Code, yet these locations appear to operate successfully, without parking congestion. Some examples of similar hotels functioning successfully, without parking congestion, that do not meet the current Code requirements include: 1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street, just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms. This hotel provides 158 standard parking spaces and six handicap spaces, totaling 164 usable parking spaces. 2) Spring Hill Suites: This hotel is located at 151 SW 18th Court, just west of the Applicant's proposed site. This hotel has 168 rooms and one meeting room. ,,f 600 square 2 feet. This hotel provides 158 standard parking spaces and six handicap spaces which totals 164 parking spaces. 3)Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and has 104 rooms with one meeting room 648 square feet in area. This hotel has 103 standard parking spaces and five handicapped spaces for a total of 108 usable parking spaces. 4) Comfort Inn: This hotel has 189 rooms and provides 163 standard parking spaces and five handicapped spaces for a total of 168 usable spaces. It should be noted that in the surrounding cities it is unusual practice for hotels to provide more than one parking space per room/suite. For instance, the applicable land development code for the City of Fort Lauderdale requires one parking space per room in any hotel, as does the City of Hollywood. (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 interpretation of the provisions of this chapter will 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. As noted previously, there are several other hotels in the same zoning district that do not meet the requirement of 1.5 spaces per each room for the first 25 rooms and 1.1 spaces per room over 25 rooms. The other hotels are all following a pattern of one parking space per room. This ratio results in smooth and non-congested parking operation at these other similarly located and similarly oriented hotels. If the Applicant were to follow this customary standard of one parking space per room, 292 spaces would be required, and the Applicant's plans provide 290 spaces. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's site plan layout does not accommodate more expansive surface parking without unduly affecting the natural environment and impacting retention and water recharge, and the use of structured parking would be cost prohibitive at this location. (l) 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. This variance request is in harmony with the general intent and purpose of the Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. This variance will promote uniformity in the applicable standards to hotels operating in 3 the district. This variance would promote the development p p t of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. For the above- stated reasons; the Applicant has met the criteria necessary for the City to grant a variance in this case. The Applicant respectfully asks for your approval of this variance application. 4 BLOSSER 450 East Las Olas Boulevard Suite 700 &SAYFIE Fort Lauderdale, Florida 33301 954.523.2427 COUNSELORS AT LAW �j 954.523.9146 fax James J. Blosser MAY 15 N01 Justin 1. Sayre Stephanie].Toothaker Norman Ostrau Planning Jordana L.Jarjura Department May 24, 2007 Via Hand Delivery Mrs. Corinne Lajoie, AICP Principal City Planner City of Dania Beach Community Development/Planning& Zoning Division 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: Loading Berth Variance Application OTO Dania Beach Hotel Site SP-08-07 City of Dania Beach Dear Mrs. Lajoie: On behalf of our clients, OTO Development ("Applicant'), we respectfully submit a variance application for the Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast corner of the intersection of Stirling Road and I-95 and the southeast comer of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future development. The proposed development will provide two hotels. The first hotel, Summertield Suites, is a six-story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Together with this cover letter that discusses the variance criteria, we have included the variance application, and the application fee of$275.00. Discussion of Variance Criteria According to the City of Dania Beach Land Development Code("Code"), Section 6.22 OFF-STR EET LOADING, provides that for every building or building group having a l gross floor area of more tha n an 4,000 square feet whic h ch is to be occupied by commercial, retail, or industrial use there sh all be ro p vtded and maintained on the same lot with such building, off-street loading or unloading berths in a number not less than 3 berths for 40,001 to 60,000 square feet and I berth for each additional 25,000 square feet. According to this requirement, the Applicant would need to provide eight or nine loading berths,depending whether the buildings are considered individually(rune berths required)or the building group is considered collectively(eight buildings required). The Hyatt Place building consists of 75,458 gross square feet. The Summerfield Suites building consists of 108,864 gross square feet. On this basis the Code requires as follows: Hyatt Place- 75,458 gsf First 60,000 gsf— 3 loading berths Remaining 15,458 gsf— 1 loading berth Total required by Code 4 loading berths Summertleld Suites— 108,864 gsf First 60,000 gsf 3 loading berths Remaining 48,864 gsf 2 loading berths Total required by Code 5 loading berths -or- Hyatt Place& Summerfield Suites— 184,322 gsf First 60,000 gsf 3 loading berths Remaining 124,322 gsf 5 loading berths Total required by Code 8 loading berths The Applicant's site plan provides one loading berth per hotel or two loading berths for the building group. According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the following criteria: (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to otter lands, structures or buildings in the same zoning district. The subject property is a limited-service, airport-oriented hotel facility of a class that typically requires less loading transfer capacity than other industrial, commercial, or retail uses. The loading berth requirements in the Code are more suited to either an industrial facility designed to receive materials and output goods or a retail facility where, possibly, there may be a more extensive need for accepting delivery of goods. 2 (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property do not result from the actions of the Applicant, but, rather, are inherent to the character of the property and the proposed facilities. A limited-service, airport-oriented hotel does not have need for the extensive number of loading berths required by the Code and, in fact, neighboring limited service, airport-oriented hotel facilities appear to operate adequately with a number of loading berths similar to that the Applicant proposes. For example, nearby Hampton Inn and Comfort Inn hotels each have one loading berth and each appears to operate adequately. The Hilton Garden Inn, another nearby hotel, has two loading berths for its hotel and appears to have more than ample loading transfer capacity for the facility. No special conditions or circumstances,therefore,are foreseen to result from the Applicant's loading berth plans. (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; Providing a loading berth variance would not result in a special privilege to the Applicant and, also, would not result in any negative circumstances for neighboring properties or for the City. A loading berth variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity as the Applicant's proposed development site is a group of similar hotels that do not meet the loading berth requirements addressed in the City's current Code, and these locations appear to operate successfully, without loading transfer congestion. Some examples of similar hotels functioning successfully, without loading transfer congestion, that do not meet the current City Code loading berth requirements include: 1) Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and is a 104 room hotel with one meeting room and 648 square feet of meeting space. This hotel has 108 usable parking spaces. This facility has one combined-use guest drop-off/ loading berth area. 2) Hilton Carden Inn: This hotel is located at l80 SW I Sth Street just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164 usable parking spaces. This facility has two loading berth areas: one combined-use dumpster area/ loading berth and one combined use guest drop-off area/ loading berth. 3) Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 3 600 square feet, and provides 164 usable parking spaces. This facility has three loading berths, including one combined-use guest drop-offloading berth area. 4) Comfort Inn: This hotel has 189 rooms with 168 usable parking spaces. This facility has one combined-use guest drop-off/loading berth area. (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; A literal interpretation and application of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other similar properties in the same zoning district and would work unnecessary and undue hardship on the Applicant. As noted previously, there are several other hotels in the same zoning district that do not meet the Code's loading berth requirement. The other hotels in the Applicant's close vicinity each were designed with and use the number of loading berths that more appropriately suit the operational characteristics and requirements of limited service, airport-oriented hotels. This design feature incorporating a limited number of loading berths results in smooth and non-congested operation at these other similarly located and similarly oriented hotels. If the Applicant were required to incorporate eight or nine loading berths into its design plans, as literally required by the Code, the design characteristics hotel facility would be severely and negatively impacted and the overall facility would begin to look more like a warehouse than a limited service, airport-oriented hotel. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's site plan will not accommodate more expansive loading berth facilities without unduly affecting the natural environment and impacting open space, retention, and water recharge. (/) 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. There are no foreseen negative effects that would result from the number of loading berths the Applicant proposes. This variance will promote uniformity in the applicable standards to hotels operating in the district. This variance would promote the development of the property in accordance with its hip= cst and best use without unduly impacting the natural environment. 4 Conclusion Thank you for your consideration of the preceding discussion of variance criteria. Please feel free to contact me to discuss any issues that may be necessary to satisfy your requirements or needs for the proposed project. Should you have any questions or comments on our proposal, please do not hesitate to contact me at my office at 954-523-2427. Sincerely, i �GtD tep am I Tooth s . Enclosures 5 E OTO Dania Beach Hotel Site Loading Berth Variance Criteria Statement g Backgroundnt OTO Development has applied for a parking variance for its Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast comer of the intersection of Stirling Road and 1-95 and the southeast comer of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004-acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six- story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Discussion of Variance Criteria According to the City of Dania Beach Land Development Code("Code"), Section 6.22 OFF- STREET LOADING,provides that for every building or building group having a gross floor area of more than 4,000 square feet, which is to be occupied by commercial, retail, or industrial use, there shall be provided and maintained on the same lot with such building, off-street loading or unloading berths in a number not less than 3 berths for 40,001 to 60,000 square feet and 1 berth for each additional 25,000 square feet. According to this requirement, the Applicant would need to provide eight or nine loading berths, depending whether the buildings are considered individually(nine berths required) or the building group is considered collectively(eight buildings required). The Hyatt Place building consists of 75,458 gross square feet. The Summerfield Suites building consists of 108,864 gross square feet. On this basis the Code requires as follows: Hyatt Place- 75,458 gsf First 60,000 gsf— 3 loading berths Remaining 15,458 gsf— l loading berth Total required by Code 4 loading berths Summerfield Suites — 108,864 gsf First 60,000 gsf 3 loading berths Remaining 48,864 gsf 2 loading berths Total required by Code 5 loading berths -or- flyatt Place & Summerfield Suites— 184,322 gsf First 60,000 gsf 3 loading berths Remaining 124,322 gsf 5 loading berths Total required by Code 8 loading berths 1 The Applicant's site plan provides one loading berth per hotel or two loading berths for the building group. According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the following criteria: (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 subject property is a limited-service, airport-oriented hotel facility of a class that typically requires less loading transfer capacity than other industrial, commercial, or retail uses. The loading berth requirements in the Code are more suited to either an industrial facility designed to receive materials and output goods or a retail facility where, possibly, there may be a more extensive need for accepting delivery of goods. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property do not result from the actions of the Applicant, but, rather, are inherent to the character of the property and the proposed facilities. A limited-service, airport-oriented hotel does not have need for the extensive number of loading berths required by the Code and, in fact, neighboring limited service, airport-oriented hotel facilities appear to operate adequately with a number of loading berths similar to that the Applicant proposes. For example, nearby Hampton Inn and Comfort Inn hotels each have one loading berth and each appears to operate adequately. The Hilton Garden Inn, another nearby hotel, has two loading berths for its hotel and appears to have more than ample loading transfer capacity for the facility. No special conditions or circumstances, therefore, are foreseen to result from the Applicant's loading berth plans. (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; Providing a loading berth variance would not result in a special privilege to the Applicant and, al .), would not result in any negative circumstances for neighboring properties or for the City. A ',;ading berth variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity as the Applicant's proposed development site is a group of similar hotels that do not meet the loading berth requirements addressed in the City's current Code, and these locations appear to operate successfully, without loading transfer congestion. Some examples of similar hotels functioning successfully, without loading transfc congestion, that do not meet the current City Code loading berth requirements include: 2 1) Hampton Inn & Suites: This hotel is located at 2500 Stirling Road and is a 104 room hotel with one meeting room and 648 square feet of meeting space. This hotel has 108 usable parking spaces. This facility has one combined-use guest drop-off/ loading berth area. 2) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164 usable parking spaces. This facility has two loading berth areas: one combined-use dumpster area/loading berth and one combined use guest drop-off area/loading berth. 3) Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600 square feet, and provides 164 usable parking spaces. This facility has three loading berths, including one combined-use guest drop-offloading berth area. 4) Comfort Inn: This hotel has 189 rooms with 168 usable parking spaces. This facility has one combined-use guest drop-off/loading berth area. (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; A literal interpretation and application of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other similar properties in the same zoning district and would work unnecessary and undue hardship on the Applicant. As noted previously, there are several other hotels in the same zoning district that do not meet the Code's loading berth requirement. The other hotels in the Applicant's close vicinity each were designed with and use the number of loading berths that more appropriately suit the operational characteristics and requirements of limited service, airport-oriented hotels. This design feature incorporating a limited number of loading berths results in smooth and non-congested operation at these other similarly located and similarly oriented hotels. If the Applicant were required to incorporate eight or nine loading berths into its design plans, as literally required by the Code, the design characteristics hotel facility would be severely and negatively impacted and the overall facility would begin to look more like a warehouse than a limited service, airport-oriented hotel. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's site plan will not accommodate more expansive loading berth facilities without unduly affecting the natural environment and impacting open space, retention, and water recharge. 3 69 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. There are no foreseen negative effects that would result from the number of loading berths the Applicant proposes. This variance will promote uniformity in the applicable standards to hotels operating in the district. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. For the above- stated reasons, the Applicant has met the criteria necessary for the City to grant a variance in this case. The Applicant respectfully asks for your approval of this variance application. 4 BLOSSER .50 East Las Olas Boulevard Suite 700 &SAYFIE Fort Lauderdale, Florida 33301 954.523.2427 COUNSELORS AT LAW 12Crrw2D 954,523.9146 fax ily� "v/J/ James 1, Blosser MAY 2 5 1UU1 Justin J. sayfle Stephanie J.Toothaker Norman Ostrau Planning Jordana L.Jarjura Department May 24,2007 Via Hand Delivery Mrs. Corinne Lajoie, AICP Principal City Planner City of Dania Beach Community Development/Planning&Zoning Division 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: Building Height Variance Application OTO Dania Beach Hotel Site SP-08-07 City of Dania Beach Dear Mrs. Lajoie: On behalf of our clients, OTO Development ("Applicant"), we respectfully submit a variance application for the Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast corner of the intersection of Stirling Road and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six-story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Together with this cover letter that discusses the variance criteria, we have included the variance application, and the application fee of$275.00. Discussion of Variance Criteria Article 4 "District Regulations" of the City of Dania Beach Land Development Code (`Code"), sets forth the Schedule of Lot, Yard, and Bulk Regulations that pertain to particular zoning districts of the City. The schedule provides that the maximum _ieht l permitted in C-2 zoning districts is either(1) 2 stories/ 35 feet with 90 percent lot coverage or(2) 3 stories /40 feet with 75 percent lot coverage but further provides in its "Note 2"that Sections 5.22 and 5.41 supplement these restrictions. Section 5.22 sets forth permitted exceptions to the height regulations and subsection(g) provides that buildings erected in C-2 districts on properties five acres or larger are permitted a maximum floor area total, excluding parking areas, of 200 percent of the lot area"without limits as to the height of the structure" so long as the building meets the Code's minimum yard requirements. Section 5.22(h) specifically provides that"[qor any and all buildings to be erected in any zoning district in Dania Beach the permitted height shall not exceed five (5)stories or sixty-two(62) feet, whichever of the two shall be the least. Section 5.41 does not apply to the Applicant's proposed buildings because the site is located in a C-2 district on property that is five acres or larger, which size takes the Applicant's proposed buildings out of the coverage 5.41(c)because the section's scope is expressly limited by 5.22(e)to buildings in C-2 districts erected on properties less than one acre in size. The Applicant's site plan provides for two hotel buildings, each of which exceeds the Code's permitted height: Hyatt Place 6 Stories 75 feet Sutnmerfield Suites 6 Stories 86.83 feet According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the following criteria: (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 Applicant proposes to erect two buildings designed according to specifications established by Hyatt Hotels, a recognized global leader in high-quality hotel establishments and operations. The Applicant has limited flexibility in departing from Hyatt's design specifications, and, moreover, the financial feasibility of the proposed operation of the buildings as hotels depends largely on the number of rooms that can be brought to market. A reduction in building height to remove one story, for example, would likewise reduce the number of rooms that could be offered to the public and render the project infeasible in the Applicant's view. Hyatt has completed extensive market research into the public demand for hotel lodging adjacent to airports and has determined that hotels built according to their design specifications meet that public demand. 2 Because there is no relevant Code provision that specifically applies to the building height of hotel uses next to Interstate 95 and adjacent to the Fort Lauderdale-Hollywood International Airport, it appears the relevant Code provisions were written to serve the more general case of building heights in the C-2 districts that occur throughout the City and to encompass the wide variety of uses including but stretching far beyond hotels. This requested variance more suitably balances the City's needs to promote public welfare with demonstrated public demand. This location is not adjacent to or otherwise near residential districts such that a variance to permit a one story increase in building height would frustrate homeowners or impede their views in any way. Moreover, because Interstate 95 is an elevated major thoroughfare and the additional building height reasonably promotes visibility of the hotel from the I-95's elevated vantage, a variance to permit a slight one story increase would facilitate the public's efforts to locate the hotel. Travelers arriving from the airport who may be unfamiliar with the area would likely appreciate the site's additional visibility resulting from the slightly increased building height. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property and buildings discussed above do not result from the actions of the Applicant, but, rather, are inherent to the character of the property and the proposed facilities. The location of the property next to I-95 and the airport is not the result of any action by the Applicant. Hyatt's design specifications for the hotels, including building height and other characteristics, also are not the result of any action by the Applicant but were promulgated by Hyatt. Finally, the fact that an increased building height is required to support the additional rooms needed to maintain the project's financial feasibility is the result of local market factors, not the actions of the Applicant. (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; Providing a building height variance would not result in a special privilege to the Applicant and, also, would not result in any negative circumstances for neighboring properties or for the City. A building height variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity as the Applicant's proposed development site is a group of similar hotels that do not meet the building height requirements addressed in the City's current Code, and these locations do not appear to be the cause of public frustration or other negative impacts. 3 Some examples of similar hotels functioning successfully, without causing public &wtration or other negative impacts, that do not meet the current City Code building height requirements include: 1)Hilton Garden Inn: This hotel is located at 180 SW I8th Street just east of the Applicant's proposed site and consists of 156 rooms, three meeting rooms, and 164 usable parking spaces. This facility has six stories and an unknown height in feet. 2) Marriott Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600 square feet, and provides 164 usable parking spaces. This facility has seven stories and an unknown height In feet. (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, A literal interpretation and application of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other similar properties in the same zoning district and would work unnecessary and undue hardship on the Applicant. As noted previously, there are other adjacent hotels in the same zoning district that do not meet the Code's building height requirement. The other hotels in the Applicant's close vicinity each were designed with and erected with a building height that appropriately suits the operational characteristics and requirements of limited service, airport-oriented hotels. If the Applicant were required to limit its building height to five stories, as literally required by the Code, the design characteristics of the hotel would be severely and negatively impacted and the overall facility would fail to meet Hyatt's promulgated hotel design specifications and would not be financially feasible. Moreover, the hotels would be more difficult for out-of-town travelers to locate, especially considering the placement of the Applicant's site behind (as seen from Stirling Road) what would then be the taller Hilton Garden Inn and Marriott SpringHill Suites hotels. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's proposed buildings exceed the Code's building height limitations by only one story to meet the needs of the project and satisfy public demand discussed above. The Applicant's site design not only meets the more permissive lot coverage requirements of Section 5.22(g) but cven though the provision is not applicable, also 4 meets the site coverage limitations set forth in Section 5.41(c) that pertains to buildings erected on properties less than one acre in size. The attached chart entitled"Interpolation of Maximum Permitted Coverage versus Building Height per Dania Beach Code" illustrates the point that the building coverage the Applicant proposes does not exceed the interpolated maximum threshold established by the Code. The overall building coverage for both buildings together is 12.52% of the developed site (5.64% for Hyatt Place at 335,074 sq. ft. and 6.88% for Summerfield Suites at 335,074 sq. ft.), while the average height of the buildings is 81.5 feet. At 81.5 feet, the Code's maximum permitted coverage appears to be close to 18 percent— almost 5.5 percent higher than the coverage the Applicant proposes. Even applying 86.83 feet, the maximum height of the Applicant's two proposed buildings, the Code's maximum permitted coverage appears to be close to 15 percent, with the Applicant's 12.52% overall coverage still clearly below thatthreshold. (/) 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. There are no foreseen negative effects that would result from the slightly increased building height the Applicant proposes. This variance will promote uniformity in the applicable standards to hotels operating in the district in the proximity of the Applicant's proposed location. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. Please feel free to contact me to discuss any issues that may be necessary to satisfy your requirements or needs for the proposed project. Should you have any questions or comments on our proposal, please do not hesitate to contact me at my office at 954-523-2427. Sincerely, i ephanie J. To�tha "Es Enclosures 5 Ement 5 Z007 OTO Dania Beach Hotel Site Planning Building Height Variance Criteria Statement Departni Background OTO Development has applied for a parking variance for its Dania Beach Hotel Development project. The 9.694-acre site is located at the northeast comer of the intersection of Stirling Road and I-95 and the southeast corner of the intersection of Dania Beach Boulevard and I-95 ("Property"). The Property is currently undeveloped. The portion of the site that is proposed for development is 7.690 acres, leaving an outparcel of 2.004 acres for future development. The proposed development will provide two hotels. The first hotel, Summerfield Suites, is a six- story building that consists of 143 rooms. The second hotel is Hyatt Place, which is a six-story hotel that consists of 149 rooms. The two hotels have a combined total of 292 hotel rooms. Discussion of Variance Criteria Article 4 District Regulations"of the e City of Dania Beach Land Development Code("Code"), sets forth the Schedule of Lot,Yard, and Bulk Regulations that pertain to particular zoning districts of the City. The schedule provides that the maximum height permitted in C-2 zoning districts is either(1)2 stories/35 feet with 90 percent lot coverage or(2) 3 stories/40 feet with 75 percent lot coverage but further provides in its "Note 2"that Sections 5.22 and 5.41 supplement these restrictions. Section 5.22 sets forth permitted exceptions to the height regulations and subsection (g) provides that buildings erected in C-2 districts on properties five acres or larger are permitted a maximum floor area total, excluding parking areas, of 200 percent of the lot area"without limits as to the height of the structure" so long as the building meets the Code's minimum yard requirements. Section 5.22(h) specifically provides that "[qor any and all buildings to be erected in any zoning district in Dania Beach the permitted height shall not exceed five (5) stories or sixty-two (62) feet, whichever of the two shall be the least. Section 5.41 does not apply to the Applicant's proposed buildings because the site is located in a C-2 district on property that is five acres or larger, which size takes the Applicant's proposed buildings out of the coverage 5.41(c) because the section's scope is expressly limited by 5.22(c) to buildings in C-2 districts erected on properties less than one acre in size. The Applicant's site plan provides for two hotel buildings, each of which exceeds the Code's permitted height: Hyatt Place 6 Stories 75 feet Summerfield Suites 6 Stories 86.83 feet 1 According to the City Code of Ordinances, Chapter 28, Article 10, Section 10.13, we meet the following criteria: (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 Applicant proposes to erect two buildings designed according to specifications established by Hyatt Hotels, a recognized global leader in high-quality hotel establishments and operations. The Applicant has limited flexibility in departing from Hyatt's design specifications, and, moreover, the financial feasibility of the operation of the buildings proposed p gs as hotels depends largely on the number of rooms that can be brought to market. A reduction in building height to remove one story, for example, would likewise reduce the number of rooms that could be offered to the public and render the project infeasible in the Applicant's view. Hyatt has completed extensive market research into the public demand for hotel lodging adjacent to airports and has determined that hotels built according to their design specifications meet that public demand. Because there is no relevant Code provision that specifically applies to the building height of hotel uses next to Interstate 95 and adjacent to the Fort Lauderdale-Hollywood International Airport, it appears the relevant Code provisions were written to serve the more general case of building heights in the C-2 districts that occur throughout the City and to encompass the wide variety of uses including but stretching far beyond hotels. This requested variance more suitably balances the City's needs to promote public welfare with demonstrated public demand. This location is not adjacent to or otherwise near residential districts such that a variance to permit a one story increase in building height would frustrate homeowners or impede their views in any way. Moreover, because Interstate 95 is an elevated major thoroughfare and the additional building height reasonably promotes visibility of the hotel from the I-95's elevated vantage, a variance to permit a slight one story increase would facilitate the public's efforts to locate the hotel. Travelers arriving from the airport who may be unfamiliar with the area would likely appreciate the site's additional visibility resulting from the slightly increased building height. (b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances of the property and buildings discussed above do not result from the actions of the Applicant, but, rather, are inherent to the character of the property and the proposed facilities. The location of the property next to 1-95 and the airport is not the result of any action by the Applicant. Hyatt's design specifications for the hotels, including building height and other characteristics, also are not the result of any action by the Applicant but were promulgated by Hyatt. Finally, the fact that an increased building height is required to support the additional rooms needed to maintain the project's financial feasibility is the result of local market factors, not the actions of the Applicant. 2 (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; Providing a building height variance would not result in a special privilege to the Applicant and, also, would not result in any negative circumstances for neighboring properties or for the City. A building height variance would permit the Applicant to operate the hotel on the property in a manner consistent with other successfully operating neighboring hotels. Located in the same vicinity as the Applicant's proposed development site is a group of similar hotels that do not meet the building height requirements addressed in the City's current Code, and these locations do not appear to be the cause of public frustration or other negative impacts. Some examples of similar hotels functioning successfully, without causing public frustration or other negative impacts, that do not meet the current City Code building height requirements include: 1) Hilton Garden Inn: This hotel is located at 180 SW 18th Street just east of the Applicant's pp ants proposed site and consists of 156 rooms P P three meeting moms> g , and 164 usable parking spaces. This facility has six stories P g P ty ortes and an unknown height in feet. 2) Marriott Spring Hill Suites: This hotel is located just west of the Applicant's proposed site at 151 SW 18th Court. This hotel has 168 rooms/suites, one meeting room of 600 square feet, and provides 164 usable parking spaces. This facility has seven stories and an unknown height In feet. (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; A literal interpretation and application of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other similar properties in the same zoning district and would work unnecessary and undue hardship on the Applicant. As noted previously, there are other adjacent hotels in the same zoning district that do not meet the Code's building height requirement. 'rhe other hotels in the Applicant's close vicinity each were designed with and erected with a building height that appropriately suits the operational characteristics and requirements of limited service, airport-oriented hotels. If the Applicant were required to limit its building height to five stories, as literally required by the Code, the design characteristics of the hotel would be severely and negatively impacted and the overall facility would fail to meet Hyattt's promulgated hotel design specifications and would not be financially feasible. Moreover, the hotels would be more difficult for out-of-town travele,s to locate, especially considering the placement of the Applicant's site behind (as seen from Stirling Road) what would then be the taller Hilton Garden Inn and Marriott SpringHill suites hotels. 3 (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The Applicant's proposed buildings exceed the Code's building height limitations by only one story to meet the needs of the project and satisfy public demand discussed above. The Applicant's site design not only meets the more permissive lot coverage requirements of Section 5.22(g) but even though the provision is not applicable, also meets the site coverage limitations set forth in Section 5.41(c) that pertains to buildings erected on properties less than one acre in size. The attached chart entitled "Interpolation of Maximum Permitted Coverage versus Building Height per Dania Beach Code" illustrates the point that the building coverage the Applicant proposes does not exceed the interpolated maximum threshold established by the Code. The overall building coverage for both buildings together is 12.52% of the developed site (5.64% for Hyatt Place at 335,074 sq. ft. and 6.88% for Summerfield Suites at 335,074 sq. ft.), while the average height of the buildings is 81.5 feet. At 81.5 feet, the Code's maximum permitted coverage appears to be close to 18 percent — almost 5.5 percent higher than the coverage the Applicant proposes. Even applying 86.83 feet, the maximum height of the Applicant's two proposed buildings, the Code's maximum permitted coverage appears to be close to 15 percent, with the Applicant's 12.52% overall coverage still clearly below that threshold. (n 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. This variance request is in harmony with the general intent and purpose of the City's Land Development Code. This variance will not be injurious to the area involved and will not be detrimental to the public welfare. There are no foreseen negative effects that would result from the slightly increased building height the Applicant proposes. This variance will promote uniformity in the applicable standards to hotels operating in the district in the proximity of the Applicant's proposed location. This variance would promote the development of the property in accordance with its highest and best use without unduly impacting the natural environment. Conclusion Thank you for your consideration of the preceding discussion of variance criteria. For the above- stated reasons, tha Applicant has met the criteria necessary for the City to grant a variance in this case. The Applicant respectfully asks for your approval of this variance application. 4 o «. c vv o °r `° o y � � U v a�i � me v trm � � m � > > oco, and yv > vi ` MC6 m c aci co o E E o Y N iy « y E ,� «+ a aM 0 c O1y c rn � o c co E o @ 2Ew m — c — dot cm. c > R > a > rn� CL c) oQ lD4) Mcg o < Et m H O O L r C • co O V M d 4) .E ,1. � iV w 0 j 0000 Q oolx ONOO O00 c M Z 00 0 4- 00 m O CV 00 M O CV 11 O >% CL L � d i� O O O O O O O O O O O O O CO I� CC) In c1' CO CV r r VA-15-07/ SE-33-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, July 24, 2007 at 7.00 o 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-15-07 — Variance request by Stephanie J. Toothaker, Esq. on behalf of the property owner's Robert and Donna Krilich for property located at Stirling Road and SW 18`h Avenue, Dania Beach. The variance request is as follows: 1) Request to provide 150 parking spaces for a Summerfield Suites Hotel; (Chapter 28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 182 parking spaces are required). 2) Request to provide 140 parking spaces for a Hyatt Place Extended Stay Hotel; (Chapter 28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 196 parking spaces are required). 3) To allow a hotel building height of 6 stories up to 67 feet (to main roof); (Chapter 28, Article 5.20 Height Regulations, states that a maximum of 5 stories/62 feet is permitted). 4) To allow 1 loading berth for the Hyatt Place hotel; (Chapter 28, Article 6.22 Off-Street Loading, requires 4 berths). 5) To allow 1 loading berth for the Summerfield Suites hotel; (Chapter 28, Article 6.22 Off-Street Loading, requires 5 berths). SE-33-07 — Special Exception request to allow a hotel use in the C-2 (Commercial) zoning district. Request is for two (2) hotels—the Summerfield Suites and Hyatt Place. The above items are in conjunction with the proposed construction of two hotels. Legally described as: A PORTION OF PARCEL A DUKE AND DUKE SUBDIVISION, ACCORDING TO TliE PLAT THEREOF AS RECORDED IN PLAT BOOK 124, PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL "A" AND A PORTION OF PARCEL "B", KRILICH PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 142, PAGE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION OF SOUTHWEST 181" COURT AND SOUTHWEST I STREET ABANDONED BY RESOLUTION OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONER (RESOLUTION NO. 1999-602) RECORDED IN OFFICIAL RECORDS BOOK 29499, PAGE 803 OF SAID PUBLIC RECORDS. ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A, DUKE AND DUKE SUBDIVISION; THENCE NORTH 87 DEG 52 MIN 10 SEC EAST ALONG THE NORTH LIVE OF SAID PARCEL A, 511.87 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01 DEG 20 MIS! 16 SEC EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE >OUTH LIVE OF SAID PARCEL A; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST ALONG SAID SOUTH LINE OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN ;'IAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 17 MIN 38 SEC EAST .ALONG S:VD NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1, A DISTANCE OF 325.00 FEET TO THE SOUTH LINE OF LOT 6, IN SAID BLOCK l; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85.I0 FEET TO THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF PARCEL `B" KRILICH PLAT, AS RECORDED IN PLAT BOOK 142, PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 19 MIN 21 SEC EAST ALONG THE WEST LINE OF LOT 7 AND SAID EAST LINE OF PARCEL `B", 50.00 FEET; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST, 15.07 FEET; THENCE NORTH 01 DEG 28 MIN 53 SEC WEST, 31.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 193.00 FEET, A CENTRAL ANGLE OF 54 DEG 27 MIN 25 SEC, AN ARC DISTANCE OF 183.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11 DEG 53 MIN 53 SEC, AN ARC DISTANCE OF 146.40 FEET; THENCE NORTH 22 DEG 09 MIN 49 SEC EAST, 52.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 22 DEG 09 MIN 49 SEC EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 757.00 FEET, A CENTRAL ANGLE OF 14 DEG 59 MIN 12 SEC, AN ARC DISTANCE OF 198,01 FEET; THENCE SOUTH 01 DEG 21 MIN 28 SEC EAST, 52.63 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07 DEG 48 MIN 42 SEC WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 03 DEG 29 MIN 16 SEC, AN ARC DISTANCE OF 42.92 FEET TO A POINT ON THE WEST LINE OF PARCEL A OF SAID DUKE AND DUKE SUBDIVISION, THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95 AND A NON-TANGENT CURVE CONCAVE TO THE WEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85 DEG 10 MIN 32 SEC WEST TO THE RADIUS PINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5929.65 FEET, A CENTRAL ANGLE OF 06 DEG 57 MIN 09 SEC, AN ARC DISTANCE OF 719.53 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY, FLORIDA, CONTAINING 422281.37 SQUARE FEET (9.694 ACRES), MORE OR LESS. Copies of the proposed request are 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 the City Clerks office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commi.3sion with regard to any matter considered at this meeting or hearing will need a record of the iroceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which :,Nord includes the testimony and evidence upon which the appeal is to based. Cant Aan Cunnin.-ham ;":mini Associate Mailed: Friday, July 13, 2007 See location map attached Y C n 2 a� o xx N W U N L N N N v v c 0 m d) ro corn00 m p fAa O �- O p�p O) a 0 O U > C. mf0 N ((D ((00 m O . LLULLU � U � U � x : VY000 gZXZ � x � ��oo Wg � J N O LL O LL O M O O p 0 7 LU 0 I , �� Q w k0l, mM � > a > (n 7•- r] W0JO JCo cc _ O ) � K ¢ t ro- JN O > p > z4 FZ- tMAa W2mO Oi � NZ � U) i E 2w0w ° � ti � � � � ) .a E � SOUZU � W � } ; � U �. QUO OOw -i W LL, Ez, z � cr x �, amxz Z O p F U F Q J J J = F- oci) U �FQ2y- Z 0 _j Q O Z ca - 0 Q 20 O C = Yct wQJCD Z W W J = Z y O ] y O0OQaF FZQF act 0 JI0 Y z po n � 0mW S � QOS � UI- -j00 m LL00 (1) C� (oLLLL' U �7 ^ a 000 .- oo � o � o .p 0 io M LL O O J 0 0 0 0 0 0 0 m .•'_J U OO 11 U) 6 Ad) r� CAN E t0 0 0 0 0 0 �) v at' 4) M M (O M M M CO M C7 M O ? 'S7V7 `0C) 0 O n �� O CD O O O O O �) �n ..n ,.) ,n -n v) u) 10 o CITY OF DANIA BEACH Agenda Item # 9 Agenda Request Database Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-129 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER,ESQ.,ON BEHALF OF PROPERTY OWNERS ROBERT AND DONNA KRI LICH,FOR A SPECIAL EXCEPTION TO ALLOW HOTEL USE IN A C-2(COMMERCIAL)ZONING DISTRICT;FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD,SOUTH OF DANIA BEACH BOULEVARD EXTENDED,AND EAST OF INTERSTATE 95,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SE-33-07: The applicant, Stephanie J. Toothaker, Esq., on behalf of the property owner Robert/Donna Krilich, is requesting a special exception for the property at Stirling Road and SW 18 Avenue. a r'h "rafi-. :_s a, .: FF Sul 3*_�,5 agn Resolution Staff Report Location Map Application Public Hearing Notice Mailing List Plans Exhibit 1 Exhibit 2RHO 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: ❑ RESOLUTION NO. 2007-129 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY STEPHANIE J.TOOTHAKER,ESQ. ON BEHALF OF PROPERTY OWNERS ROBERT AND DONNA KRILICH,FOR A SPECIAL EXCEPTION TO ALLOW HOTEL USE IN A C-2 (COMMERCIAL) ZONING DISTRICT;FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD,SOUTH OF DANIA BEACH BOULEVARD EXTENDED,AND EAST OF INTERSTATE-95,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that hotel uses are allowed as a special exception use in C-2 zoning districts; and WHEREAS, Stephanie J. Toothaker,Esq. on behalf of property owners Robert and Donna Krilich,has applied for a special exception request to allow two(2)hotels to be constructed in a C-2 (Commercial) zoning district; property is generally located north of Stirling Road, south of Dania Beach Boulevard Extended, and east of Interstate-95; and WHEREAS, the Planning & Zoning Board on June 20, 2007, recommended that the City Commission grant the special exception request, subject to conditions, based upon the criteria set forth in Chapter 28,"Zoning",Article 6,"Supplementary Use Regulations", Section 6.40,"Special Exception Uses", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application SE-33-07,for a special exception use to construct two(2)hotels in a C-2(Commercial)zoning district, for property generally located north of Stirling Road,south of Dania Beach Boulevard Extended,and east of Interstate-95,Dania Beach, (a copy of which application is attached and made a part of this Resolution as Exhibit"A"), is approved,with the following conditions: 1. Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division); 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees to be removed from the site. The mitigation must be paid prior to issuance of a building permit (Landscape Consultant); 3. Determination by Public Services Director that sufficient stacking and travel capacity is provided on both east-bound Stirling Road (left turn lane onto SW 18`h Avenue) and SW 18`h Avenue; 4. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit(Public Services;6-14-07); 5. Adequate water supply must be provided; 1)fire flow demand—signed and sealed by engineer,2)flow tests must be conducted prior to issuance of a building permit.(Fire Marshal); and 6. Provide a full time, on-demand, 7 day/24 hour airport shuttle(Planning and Zoning Advisory Board). Section 2. That this approval shall automatically expire and become null and void unless building permits are obtained on or before twelve (12) months from the effective date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-129 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 24, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner ;l SUBJECT: SP-08-07/VA-1 5-07/5E-33-07: The applicant, Stephanie J. Toothaker, Esq., on behalf of the property owner Robert/Donna Krilich, is requesting a special exception, variances and site plan for the property at Stirling Road and SW 18 Avenue. SPECIAL EXCEPTION To allow a Hyatt Place Hotel and Summerfield Suites Hotel. VARIANCE 1. To allow 140 parking spaces for the proposed Hyatt Place hotel (196 spaces required). 2. To allow 150 parking spaces for the Summerfield Suites hotel (182 parking spaces required). 3. To allow a hotel building height of 6 stories/67 feet to main roof (Maximum 5 stories/62 feet permitted). 4. To allow 1 loading berth for the Hyatt Place hotel (4 berths required) 5. To allow 1 loading berth for the Summerfield Suites hotel (5 berths required) SITE PLAN To allow the construction of two hotels. PROPERTY INFORMATION ZONING: Commercial (C-2) LAND USE DESIGNATION: Commercial The subject property (currently vacant) is located north of Stirling Road, south of Dania Beach Boulevard, and east of Interstate 95. The applicant is proposing the construction a Hyatt Place and Hyatt Summerfield Suites for a total of 292 hotel rooms. The site plan shows 30% pervious area. SPECIAL EXCEPTION Hotels are permitted in the C-2 zoning district with a Special Exception to allow additional review of the projects impacts on the surrounding area. The applicant has submitted a traffic study, which has been approved by the City Engineering Consultant and the Public Services Director. VARIANCE Parking Variance Requests # of Rooms Parking Required Parking Provided Hyatt Place 149 196 spaces 140 spaces (0.94 per room) Summerfield 143 182 spaces 150 spaces Suites 0 .05 per room) (Extended Stay) TOTAL 1 292 1 378 s aces 1 290spaces In 2005 the City Commission approved the Best Western Hotel (NW corner of 1-95 and Stirling Road) with 1 .01 parking spaces per room. Approval was based on a commitment to provide guest airport shuttle service from the hotel to the airport. The Airport Hilton and Courtyard Marriot also obtained parking variances (0.75 and 1 .0 spaces per room respectively) based on dedicated airport shuttle service. The applicant provides an average of 0.98 spaces per unit, similar to what has been approved for three other hotels along the 1-95 corridor. Staff can support the variances if the applicant (a) commits to a full time on- demand 7 day/24 hour airport shuttle that can be enforced against subsequent property owners as confirmed by the City Attorney, and (b) subjects the land to a cross-parking easement allowing any user to park anywhere on the site at anytime, said easement to be recorded prior to issuance of any development or building permits. Building Height To allow a hotel height of 6 stories/67 feet; maximum height of 5 stories/62' allowed. The City's Future Land Use Plan (Commercial) and the existing surrounding development including Springhill Suites (54'5') and Hilton Gardens (57'3), support a 6 story hotel at this location. Loading Berths • To allow 1 loading berth for Hyatt Place (4 berths required) • To allow 1 loading berth for Summerfield Suites (S loading berths) The applicant has provided one loading berth per hotel, located under the entry canopy of each building. The loading berth requirement is primarily intended for commercial and retail uses, not office or hotels. Staff recommends approval. SITE PLAN City Landscape Consultant Patty McCloud has inspected the site and determined that most of the oak trees sustained significant damage from Hurricane Wilma. Based on Ms. McCloud's recommendation, the applicant will relocate the existing Sable Palms, remove all dead and dying trees, and preserve healthy existing trees along 1-95. The City Code (based on Mr. McCloud's evaluation) requires a $10,500.00 tree bond. This bond (which has been paid) will be transferred to the city landscape trust fund if the relocated trees do not survive one year after CO. The applicant shall also deposit $43,400.00 into the landscape trust fund as mitigation for trees removed from the site. Mitigation must be paid prior to issuance of any development permits, including any grading, clearing, or grubbing permits. This project was reviewed by the Planning Division, Public Services, the Fire Marshal and the City's Landscape Consultant. The following outstanding conditions must be met before issuance of any development permits. 1 . Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division). 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees removed from the site. The mitigation must be paid prior to issuance of any development permits, including any grading, clearing, or grubbing permits (Landscape Consultant). 3. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit (Public Services; 6-14-07). 4. Adequate water supply must be provided; 1 ) fire flow demand - signed and sealed by engineer, 2) flow tests must be conducted prior to issuance of a building permit. (Fire Marshal). 5. Provide a full time, on-demand, 7 day/24 hour airport shuttle (Planning and Zoning Advisory Board). PLANNING AND ZONING BOARD RECOMMENDATION On June 20, 2007 the Planning and Zoning Board recommended approval of the requested variances, special exception and site plan provided the applicant address the outstanding staff comments, provide a full time, on- demand, 7 day/24 hour airport shuttle (enforceable against subsequent property owners), cross-parking easement. STAFF RECOMMENDATION Staff concurs with the Planning and Zoning Board recommendation, subject to the following additional special exception condition: Special Exception approval shall apply only to a Hyatt Place Hotel and Summerfield Suites Hotel. Location Map: I I� This Site W DANK BEACH BLVD W _ a F _ IRO g o. iRoc x y C-2 W IROM ' I W w C-2 i > fA — toA t C-2 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 (3 Land Use Amendment , ❑ Plat ElPlat Delegation Request � ❑ Rezoning )( Site Plan Date Rec d: l Z5 p7 ❑ Special Exception JAN 2 5 2007 ��0 1 Special Request Petition No.: b Trafficway Waiver Planning ❑ Variance Departments ❑ 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: Stirling Road and I-95, Dania Beach, Florida Lot(s): see survey Block: Subdivision: Recorded Plat Name: see attached legal and survey 5 504233480020, 504233480012, 504233390020 Folio Numbers : 504233480011, ( ) Legal Description: see attached Applicant/Consultant/Legal Representative (circle one) Stephanie Toothaker, P.A. Address of Applicant: 450 East Las Olas B julevard, Suite 700, Fort Lauderdale, FL 33301 Business Telephone: (954) 232-24271{ome: Fax: (954) 523-9146 Name of Property Owner: Robert/Donna Krilich Address of Property Owner: 851 Flamingo Drive, Fort Luderdale, FL 33023 Business Telephone: (954)760-9719 Home: Fax: (954) 760-4792 Explanation of Request: Site Plan Approval Prop. Net Acreage: 9.6942 Gross Acreage: 9.6942 Prop. Square Footage: 422.279.35 Existing Use: C-2/Land Proposed Use: Hotel Is property owned individually, by a corporation, or a joint venture? Individual "This signature page replaces the signature page for the attached General Development Applicatio signed Januar 2007 and submitted to the City on January 25, 2001. I and nd that s' pian nd variance approval automatically expires within 12 o f City C issi approval, pursuant to Ordinance No. 2005-040. Stephanie J. Toothaker, Esq. February 28, 2007 j pp t/ er signature r nt Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATU Swom to and subscribed before me Appkaa ta: epresentative: 28th February ZD07 CAROLEANNWAR Sig NYo"P"•I"MFwa • w IABNIIIYt1, 0 e: Ad February 28, 007 DO 1 M118 Stephanie J. Toothaker, Esq. Sign Name of Notary Public (Print Name) State of( ) 450 E. Lae Olas. Blvd., Suite 700 I ' Fort Lauderdale, FL 33301 CQ.Irf,Ie �wh �0.wt tr Print Name of Notary Street Address, City, State and Zip Code 954-523-2427 phone 954-523-9146 fax Commission Expires: Seal: Telephone No. &Fax No. 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 (, I€81RyQ41fII M*11epresentative) Stephanie J. Toothaker, Esq. to make and file the aforesaid application. Sworn to and subscrib before me Owner: D*KilichThis day of 20-0Signature:Date: ' •0 vDonna Krilich Sign Na a Notary Public (Print Name) State of( ) 851 Flamingo Drive Fort Lauderdale, FL 33023 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-760-9719 phone 954-760-4792 fax Seal: Telephone No. &Fax No. am .aserlM�( RWRO A00625W1sry21,2011k Urdp�M -1Iailaiitg / I and nd that 4110 plan and variance approval automaticaigf expires within 12 m of co MPon approval,puraaant tP Ordinance No. 2005-040. n 4 �d � �'�!C'IV 1 dt3 a o 0 7 AP)l1cantiowne/rkignature Print Name 01do APPLICANTi CONSULTANT,OR LEDAI.REPRESENTATM NOTARIZED SMATURE Sworn to and subscribed before me Applkant/Consultant/Rep menbove. This AL day of'&nun f S"ture!- laf JA03) 12A, .... Date; �Name of u"OU) (Print Nam) LRAIsp, &113 Y. Ake& Print an of Nobly Street Address,CRY, State and Zip code Commisaigf yeah Telephone N0.a Fax No `1�1a�fiC'Duerr :L;Conueission IDD242790 Expire"Au 19,2007 aBeodle INDMOUAL OWNER NOTARIZED SIGNATUREI This Is to cartllyr that I am the fee simple owner of sutded lands described above and that 1 have authorized (AppllmrgCionsvltant/Repreantam) make and file the aforesaid appikadon. Sworn to and subscribed before me owner..- 0 NNf� l�i?lC /Cf� This.'Z,�. Q day of 200 Signature; �J Date: Sign Name of Notary Public t�� — O AIN4 (Print Name) State of(Ft Ict,�'-' ) �i, itf-% 11 �AJQ,Pk— 5/ FI-AAlin%yo /)i�tve Fr. Llm6.,/L Print Name of Notary Street Address, CRy, State and Zip Code 3302,3 Commission Expires: 957Y) 740 - 9719 `95,y) ?G D — �79� Seal; Telephone No. d Fax No. •'��"" , Laurie Ann K.Duerr Commission IDD242790 * V Expires:Aug 19,2007 '•.'�6iiN Banded nru Mantle Band'Iryr CO„JAG LEGAL DESCRIPTION LAND DESCRIPTION: ALL THAT PORTION OF THE NORTH 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION JJ, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF THE EAST RICHT-OF-WAY LINE OF STATE ROAD /9 (I-95). SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, (A/K/A THE NORTH 664.12 FEET OF PARCEL A OF DUKE & DUKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 124. PACE 48, BROWARD COUNTY PUBLIC RECORDS). TOGETHER WITH THE EAST 1/1 OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4, EXCEPTING THE SOUTH 306 FEET THEREOF AND THE NORTH 1IJ.0 FEET OF THE SOUTH 306.0 FEET OF THE EAST 1/2 OF THE W 1/1 OF THE SE I/4 OF THE S£ 1/4 OF THE SW 1/4 OF SECTION JJ, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDI.(A/K/A A PORTION OF PARCEL "A; KRILICH PUT, ACCORDING TO THE PUT THEREOF AS RECORDED IN PLAT BOOK 142, PAGE 19, BROWARD COUNTY PUBLIC RECORDS). TOGETHER WITH LOTS I THROUGH 10, WITH PORTIONS OF LOTS 11 & 11 AS DESCRIBED IN O.R. BOOK IJJJ5 AT PAGE 90, BLOCK 2, (A/K/A A PORTION OF PARCEL A. KRILICH PUT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 142, PAGE 19. BROWARD COUNTY PUBLIC RECORDS) AND LOTS I THROUGH 6 AND 16 THROUGH 24 (A/K/A PARCEL "B; KRILICH PUT, ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 142, PACE 19, BROWARD COUNTY PUBLIC RECORDS) IN BLOCK I OF DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PACE 45, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH THAT CERTAIN RIGHT-OF-WAY AND PUBLIC URL/TY EASEMENT ABANDONED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORD BOOK 29499, PACE 803 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SOUTHWEST 18TH COURT (FORMERLY FERN STREET) TOGETHER WITH A PORTION OF SOUTHWEST iST STREET (FORMERLY FIRST AVENUE SOUTHWEST) AS SHOWN ON DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PACE 45, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 17. BLOCK I OF SAID DOUGLAS HILL, AND LYING WEST OF THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK I. TOGETHER WITH THE NORTH J51 FEET OF PARCEL 1 (AS HERE'NAFTER DESCRIBED) AS UEASUREO PERPENDICULAR TO THE NORTH LINE OF SAID PARCEL I. PARCEL 1 IS DESCRIBED AS FOLLOWS: ALL THAT P4RT OF THE N 1/2 OF THE i4Esr 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 114 OF SECTION JJ, TCNNSHIP 50 SOUTH, ,RANGE 42 EAST LYING EAST OF THE EAST RICHT-OF-WAY LINE OF STATE ROAD N0. 9, EAST OF THE EAST L NITEO ACCESS RICHT-OF-WAY UNE OF SAID STATE ROAD NO. 9, AND NORTH OF THE NORTH RICHT-OF-WAY LIVE OF SIIRLINO ROAD, SAIO LAND SITUATE, LYING AND BEING IN BRCI�ARD COUNTY, FLORIDA TOCETHER WITH A NON-FXCLUSNE PERSONAL EASEMENT OF INGRESS AND EGRESS AND PI:BLIC UT21L£S OVER THE vESTEPLY IO FEET AND SOUTHERLY 10 FEET OF TIiAT PORTION OF SAID PARCEL 1 LYING SOUTH OF THE NORTH J51 FEET THEREOF. LEIS FPO.W ALL THE A60VE OESCRIPrIONS THOSE PORTIONS CONVEYED TO Q4KR0,GE HOTEL I IN O.R. BOOK 27620, PAGE 199 ANO O.R. BOCK 283J1, PACE 327, P!/BL/C RECC,RC5 OF 3,90,VARD COUNTY, FLORIDA. AIO CAVIL'S LYING I,V THE CITY OF C4NA, BRON4RD COUNTY, FLORIDA, CONTA;NAG 422,-17J7 SOL'ARE FEET (9.694 !,`?ES), MORE OR LESS. ALSO KNOWN AS: A PORTION OF PARCEL A, DUKE dr DUKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 124, PACE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL A'AND A PORTION OF PARCEL "B. KRILICH PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14Z PACE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12. PAGE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION OF SOUTHWEST 18TH COURT AND SOUTHWEST 1ST STREET ABANDONED BY RESOLUTION OF THE BROWARO COUNTY BOARD OF COUNTY COMMISSIONER (RESOLUTION NO. 1999-602) RECORDED IN OFFICIAL RECORDS BOOK 29499, PACE 803 OF SAID PUBLIC RECORDS. ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A, DUKE & DUKE SUBDIVISION; THENCE NORTH 8752'10" EAST ALONG THE NORTH LINE OF SAID PARCEL A, 511.87 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01'20'16' EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE SOUTH 8754'08' WEST ALONG SAID SOUTH LINE OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK I$ PAGE 45 OF S41D PUBLIC RECORDS; THENCE SOUTH O1'17'38" EAST ALONG SAID NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK I AND THE EAST LINE OF BLOCK 1, A DISTANCE OF J25.00 FEET TO THE SOUTH LINE OF LOT 6, IN SAID BLOCK 1; THENCE SOUTH 8754'08" WEST ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85.10 FEET TO THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF PARCEL 9", KRILICH PUT, AS RECORDED IN PUT BOOK 14Z PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01*1911" EAST ALONG THE WEST LINE OF LOT 7 AND S410 EAST LINE OF PARCEL "B, 50.00 FEET' THENCE SOUTH 8754'08' WEST, 15.07 FEET' THENCE NORTH 01'18'5J' WEST, 31.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST., THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 19J.00 FEET A CENTRAL ANGLE OF 542715, AN ARC DISTANCE OF 18J.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11'53'53; AN ARC DISTANCE OF 146.40 FEET.' THENCE NORTH 22'09'49" EAST, 52.00 FEET TO A POINT ON THE ARC OF A NON—TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 22'09'49" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; LHENCE NORTH'ESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RAC)US OF 757C0 FEEL A CENTRAL ANGLE OF 74'59'12'; AN ARC DISTANCE OF IJ8,01 FEET' THENCE SOUTH 01'21'23" EAST 52.6J FEET TO A PONT ON TH£ ARC OF A NON—TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RACIAL LINE THROUGH SAID ROWT BEARS SOUTH 07'46'42" NEST TO TH£ RADIUS POINT OF THE NEXT OESC.R,LED CUR£); 'Nr NCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A PAOIUS OF 705.(,0 FEEL A CENTRAL ANGLE OF OJ'29'15'; ,IN ARC D,SFANCE OF 42.)2 FEET TO A PObVT ON THE NEST LINE OF PARCEL A OF 5'AO JUKE & DUKE SUBDIVISION, THE EAST RIGHT—OF—,VAY LINE GF nNTERSTATE H:GH NAY 95 AND A NON—TANCENT CURVE CONCAVE FO THE WEST (A RADIAL LINE R rFOUGH $AID POINT BEARS NORTH 95'10'32" NEST TO THE RAGIUS POINT OF Th'E NEYT DESCRIBED CURVE); 6` %'E NORTHERLY ALG'IG TH£ ARC OF SAID C(.iTJf r'A/%'O A RACrLS OF 5 F ET, A CEVT.RAL ANGLE CF G6'57'O9'1 4"1 ARC C15Fj`.CE GF 719.53 FEET TO L9E PUNT CF 9ECNIIIPI3 J ;1 :, 1ARD C.0 f:Y FLC.:I:;A ..,o:.-0 422231.37 �,. IF 17,21 !d.ti7r AC:7c 5), 'A4RF 7R _'SS. VA-15-07 / SE-33-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, July 24, 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-15-07 — Variance request by Stephanie J. Toothaker, Esq. on behalf of the property owner's Robert and Donna Krilich for property located at Stirling Road and SW 18`h Avenue, Dania Beach. The variance request is as follows: 1) Request to provide 150 parking spaces for a Summerfield Suites Hotel; (Chapter 28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 182 parking spaces are required). 2) Request to provide 140 parking spaces for a Hyatt Place Extended Stay Hotel; (Chapter 28, Article 6.21 Schedule of Off-Street Parking Requirements states a total of 196 parking spaces are required). 3) To allow a hotel building height of 6 stories up to 67 feet (to main roof); (Chapter 28, Article 5.20 Height Regulations, states that a maximum of 5 stories/62 feet is permitted). 4) To allow 1 loading berth for the Hyatt Place hotel; (Chapter 28, Article 6.22 Off-Street Loading, requires 4 berths). 5) To allow 1 loading berth for the Summerfield Suites hotel; (Chapter 28, Article 6.22 Off-Street Loading, requires 5 berths). SE-33-07 — Special Exception request to allow a hotel use in the C-2 (Commercial) zoning district. Request is for two (2) hotels—the Summerfield Suites and Hyatt Place. The above items are in conjunction with the proposed construction of two hotels. Legally described as: A PORTION OF PARCEL A DUKE AND DUKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 124, PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL "A" AND A PORTION OF PARCEL "B", KRILICH PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 142, PAGE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION OF SOUTHWEST 18TI COURT AND SOUTHWEST 1ST STREET ABANDONED BY RESOLUTION OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONER (RESOLUTION NO. 1999-602) RECORDED N OFFICIAL RECORDS BOOK 29499, PAGE 803 OF SAID PUBLIC RECORDS. ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A, DUKE AND DUKE SUBDIVISION; THENCE NORTH 87 DEG 52 MN 10 SEC EAST ALONG THE NORTH LINE OF SAID PARCEL A, 511.87 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01 DEG 20 MIN 16 SEC EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST ALONG SAID SOUTH LINE OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE FAST LINE OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 17 MN 38 SEC EAST ALONG SAID NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1, A DISTANCE OF 325.00 FEET TO THE SOUTH LINE OF LOT 6, IN SAID BLOCK I; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85.10 FEET TO THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF PARCEL "B" KRILICH PLAT, AS RECORDED IN PLAT BOOK 142, PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 19 MIN 21 SEC EAST ALONG THE WEST LINE OF LOT 7 AND SAID EAST LINE OF PARCEL `B", 50.00 FEET; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST, 15.07 FEET; THENCE NORTH 01 DEG 28 MIN 53 SEC WEST, 31.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 193.00 FEET, A CENTRAL ANGLE OF 54 DEG 27 MIN 25 SEC, AN ARC DISTANCE OF 183.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11 DEG 53 MIN 53 SEC, AN ARC DISTANCE OF 146.40 FEET; THENCE NORTH 22 DEG 09 MIN 49 SEC EAST, 52.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 22 DEG 09 MIN 49 SEC EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 757.00 FEET, A CENTRAL ANGLE OF 14 DEG 59 MIN 12 SEC, AN ARC DISTANCE OF 198.01 FEET; THENCE SOUTH 01 DEG 21 MIN 28 SEC EAST, 52.63 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07 DEG 48 MIN 42 SEC WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 03 DEG 29 MIN 16 SEC, AN ARC DISTANCE OF 42.92 FEET TO A POINT ON THE WEST LINE OF PARCEL A OF SAID DUKE AND DUKE SUBDIVISION, THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95 AND A NON-TANGENT CURVE CONCAVE TO THE WEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85 DEG 10 MIN 32 SEC WEST TO THE RADIUS PINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5929.65 FEET, A CENTRAL ANGLE OF 06 DEG 57 MIN 09 SEC, AN ARC DISTANCE OF 719.53 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY, FLORIDA, CONTAINING 422281.37 SQUARE FEET (9.694 ACRES), MORE OR LESS. Copies of the proposed request are 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 the City Clerks office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to the 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. [.on Ann Cunningham Planning Associate Mailed: Friday, July 13, 2007 See location map attached mcN 0 00 M 0 sCL Cl) 0 W N U xcli W U 0 N [D N 0 N N N T 10 U i QQ 7 'C M M r- N v p U Q O � O � (A coI N U j> M 0 M O N O O O U M M CO co (D f0 M J Cl) J 0 J OOnJ � ULLUp0LOcl gUM J J Q CAm Qc 2 N R M J J lL W � wW � I- W2F- Z Y J U Y 0 UHmYF- 0cowamQ N U1mOW0 =J00comLU Oa M O p > CA N - Ly" w m cQ WmJp >O 5 Wq P- Wc W }S�S ° J p � QpJ0 WJ rn.Nom -jQ ZKQ OUmQ3cm E ZwF W C p o'€ �' z3: m x mCLLOwz o � oa 00c0oo ; 1 �'•' ' z O aJry o J 2 O U Z Z Q� .J.I O J D ❑ Z p Q LL z Q 2 0 Q 2 0 0QSYa: JW QJ (D W W U = z Y 0 J Y z o O Y � ? 2 v Op Q z � o J�o p W J o W p 2! Y Z Q � �m J m W m 2OOp (A .� � (AOC� UU _ L 000 .- 00 .- 0 .- 0 0 N M N M N . �{ (U 0 0 0 0 0 0 0 0 M Co LL 0 0 0 00 0 0 00 0 m ,g L O O 6 O m A O n a0 N'U m 0 O O O O O M M v g 9 M C7 M (7 � M M M M (`�] 0cc (` M (7 co M M M M M M O o ly ;9 N N N N N N N N N (V LO (� r- `C7J 0 0 0 0 0 0 0 0 0 M U � Q 4] (n 0 (n ul «) (n N N U] O 000 CITY OF DANIA BEACH Agenda Item # Fe 6 Agenda Request Database Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-130 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY STEPHANIE J.TOOTHAKER,ESQ.,ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH FOR THE PROJECT ALSO KNOW AS OTO DANIA BEACH HOTEL;FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD,SOUTH OF DANIA BEACH BOULEVARD EMENDED,AND EAST OF INTERSTATE 95,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Knomm Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-08-07: The applicant, Stephanie J. Toothaker, Esq., on behalf of the property owner Robert/Donna Krilich, is requesting a site plan for the property at Stirling Road and SW 18 Avenue. Resolution Staff Report Location Map Application Site Plan Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 DOW 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. 2007-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4, Article 1, 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, Stephanie J. Toothaker, Esq., representing the property owners Robert and Donna Krilich,has applied for site plan approval(SP-08-07)for the proposed construction of two(2) hotels at property generally located north of Stirling Road, south of Dania Beach Boulevard Extended, and east of Interstate 95; and WHEREAS, the Planning & Zoning Board on June 20, 2007, recommended that the City Commission grant the site plan request(SP-08-07), subject to conditions,based upon the criteria set forth in Section 8.4,Article 1,Chapter 8 of the City 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-08-07) 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. Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division); 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees to be removed from the site. The mitigation must be paid prior to issuance of a building permit (Landscape Consultant); 3. Determination by Public Services Director that sufficient stacking and travel capacity is provided on both east-bound Stirling Road (left turn lane onto SW 18`h Avenue) and SW 181h Avenue; 4. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit(Public Services; 6-14-07); 5. Adequate water supply must be provided; 1)fire flow demand—signed and sealed by engineer,2)flow tests must be conducted prior to issuance of a building permit. (Fire Marshal); and 6. Provide a full time, on-demand, 7 day/24 hour airport shuttle (Planning and Zoning Advisory Board). 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 84(p),Article 1,Chapter 8,of the City 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 twelve (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 passage and adoption. PASSED AND ADOPTED on 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-130 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 24, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C �_ FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: SP-08-07/VA-1 5-07/SE-33-07: The applicant, Stephanie J. Toothaker, Esq., on behalf of the property owner Robert/Donna Krilich, is requesting a special exception, variances and site plan for the property at Stirling Road and SW 18 Avenue. SPECIAL EXCEPTION To allow a Hyatt Place Hotel and Summerfield Suites Hotel. VARIANCE 1. To allow 140 parking spaces for the proposed Hyatt Place hotel (196 spaces required). 2. To allow 150 parking spaces for the Summerfield Suites hotel (182 parking spaces required). 3. To allow a hotel building height of 6 stories/67 feet to main roof (Maximum 5 stories/62 feet permitted). 4. To allow 1 loading berth for the Hyatt Place hotel (4 berths required) 5. To allow 1 loading berth for the Summerfield Suites hotel (5 berths required) SITE PLAN To allow the construction of two hotels. PROPERTY INFORMATION ZONING: Commercial (C-2) LAND USE DESIGNATION: Commercial The subject property (currently vacant) is located north of Stirling Road, south of Dania Beach Boulevard, and east of Interstate 95. The applicant is proposing the construction a Hyatt Place and Hyatt Summerfield Suites for a total of 292 hotel rooms. The site plan shows 30% pervious area. SPECIAL EXCEPTION Hotels are permitted in the C-2 zoning district with a Special Exception to allow additional review of the projects impacts on the surrounding area. The applicant has submitted a traffic study, which has been approved by the City Engineering Consultant and the Public Services Director. VARIANCE Parking Variance Requests # of Rooms Parkin Required Parkin Provided Hyatt Place 149 196 spaces 140 spaces (0.94 per room) Summerfield 143 182 spaces 150 spaces Suites (1 .05 per room) (Extended Stay) TOTAL 1 292 1 378spaces 1 290 spaces In 2005 the City Commission approved the Best Western Hotel (NW corner of 1-95 and Stirling Road) with 1 .01 parking spaces per room. Approval was based on a commitment to provide guest airport shuttle service from the hotel to the airport. The Airport Hilton and Courtyard Marriot also obtained parking variances (0.75 and 1 .0 spaces per room respectively) based on dedicated airport shuttle service. The applicant provides an average of 0.98 spaces per unit, similar to what has been approved for three other hotels along the 1-95 corridor. Staff can support the variances if the applicant (a) commits to a full time on- demand 7 day/24 hour airport shuttle that can be enforced against subsequent property owners as confirmed by the City Attorney, and (b) subjects the land to a cross-parking easement allowing any user to park anywhere on the site at anytime, said easement to be recorded prior to issuance of any development or building permits. Building Height To allow a hotel height of 6 stories/67 feet; maximum height of 5 stories/62' allowed. The City's Future Land Use Plan (Commercial) and the existing surrounding development including Springhill Suites (54'5') and Hilton Gardens (57'3), support a 6 story hotel at this location. Loading Berths • To allow 1 loading berth for Hyatt Place (4 berths required) • To allow 1 loading berth for Summerfield Suites (5 loading berths) The applicant has provided one loading berth per hotel, located under the entry canopy of each building. The loading berth requirement is primarily intended for commercial and retail uses, not office or hotels. Staff recommends approval. SITE PLAN City Landscape Consultant Patty McCloud has inspected the site and determined that most of the oak trees sustained significant damage from Hurricane Wilma. Based on Ms. McCloud's recommendation, the applicant will relocate the existing Sable Palms, remove all dead and dying trees, and preserve healthy existing trees along 1-95. The City Code (based on Mr. McCloud's evaluation) requires a $10,500.00 tree bond. This bond (which has been paid) will be transferred to the city landscape trust fund if the relocated trees do not survive one year after CO. The applicant shall also deposit $43,400.00 into the landscape trust fund as mitigation for trees removed from the site. Mitigation must be paid prior to issuance of any development permits, including any grading, clearing, or grubbing permits. This project was reviewed by the Planning Division, Public Services, the Fire Marshal and the City's Landscape Consultant. The following outstanding conditions must be met before issuance of any development permits. 1 . Must provide a recorded copy of the cross parking easement prior to issuance of a building development, or utility permits (Planning Division). 2. Applicant must pay to the City's Tree Trust fund $43,400.00 for the trees removed from the site. The mitigation must be paid prior to issuance of any development permits, including any grading, clearing, or grubbing permits (Landscape Consultant). 3. Public Services approval subject to applicant submitting updated civil drawings for further review and confirmation prior to building permit (Public Services; 6-14-07). 4. Adequate water supply must be provided; 1 ) fire flow demand - signed and sealed by engineer, 2) flow tests must be conducted prior to issuance of a building permit. (Fire Marshal). 5. Provide a full time, on-demand, 7 day/24 hour airport shuttle (Planning and Zoning Advisory Board). PLANNING AND ZONING BOARD RECOMMENDATION On June 20, 2007 the Planning and Zoning Board recommended approval of the requested variances, special exception and site plan provided the applicant address the outstanding staff comments, provide a full time, on- demand, 7 day/24 hour airport shuttle (enforceable against subsequent property owners), cross-parking easement. STAFF RECOMMENDATION Staff concurs with the Planning and Zoning Board recommendation, subject to the following additional special exception condition: Special Exception approval shall apply only to a Hyatt Place Hotel and Summerfield Suites Hotel. Location Map: 113 This Site ! w DANIA BEACH BLVD 0 IRO W IROO } C-2 03 b IROM W C 2 A. C 2 iN --_m - . STfALL�IG RD BLOSSER Suituit East Las Olas Boulevard e 700 &SA Fort Lauderdale, Florida 33301 954.523.2427 COUNSELORS AT LAW 954.523.9146 fax James J. Blosser Justin J. SayBe Stephanie J.Toothaker Norman Ostrau Jordana L.Jarjura June 28, 2007 Corinne Lajoie Principal Planner City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 RE: OTO Dania Beach Hotel SP-08-07/VA-15-07 Dear Corinne: On behalf of our client OTO Development LLC, we provide you this letter to confirm the commitments we made to the City of Dania Beach at the Planning and Zoning Board hearing held June 20, 2007. Our client commits to provide its hotel guests free daily airport shuttle service between the hours of 5:00 a.m. to 12:00 a.m. and fare-paid cab service to the airport at times not covered by the shuttle service. Our client also commits to entering into a cross parking easement, the form and sufficiency of which shall be approved by the City of Dania Beach, for the hotel locations presently designated as Hyatt Place and Hyatt Summerfield Suites to mutually share parking resources. Thank yo �l Stephanie Toothak , � 1 k el II •i �1. fli•`v' � I . - � D1 i-� � C3f�. f^LU CL D, • ' a aG - i qP H e E =I Id f 74 u w~� ` SOYTHFAN SAMMATON *NWACE 3831 NW 21 Avenue Pumgna such,FL 3.307.3 (954)974.7500 (954)974-0898 Pax June 26,2007 To: Joseph Hall From: Vance M. Van Etten Waste Management Good Morning,The following is a Jett stating the site plan requirements for the proposed development in Dania Beach Fl. Under the names " Summerfield Suites" and " Hyatt Place Based on the site plan ided the recommendation for each property would be to have a total of 1 8yard con ' or per property to be serviced 2 times per week. Depending on seasonal changes ith higher traffic in the months outside of summer the properties may need to inc ase their frequency of pick-ups. Any further questions please feel free t contact my office. Thank You Again, 4��— X 4�or Vance M. Van Etten Territory Manager Waste Management 954-917-1611 From everyday collection to environmen I ,irotection, Think Green! Think Waste Management. d0 'd Ib£0 LL6 P96 'ON Xdd AIMOO 34H0 S31VS W 'M Wy 6£: =` ' '4.1 L0c7l,-90-inf Lajoie, Corinne From: Stephanie Toothaker(Stephanie(dblossersayfle.com)� Sent: Wednesday, May 30, 2007 10:04 AM To: Lajoie, Corinne Cc: Leeds, Larry Subject: FW: OTO Corinne- I asked John England to give me the breakdown of how they reached their calculations so we could get back to you. Hopefully this is what you needed but if not please let me know if you need anything further. Thanks again for all your help. Stephanie Stephanie J. Toothaker Blosser& Sayfie 450 East Las Olas Boulevard Suite 700 Fort Lauderdale, Florida 33301 w: 954.523.2427 f: 954.523.9146 c: 954.648,9376 From: John England [mailto:jengland@cte.cc] Sent: Wednesday, May 30, 2007 9:51 AM To: Stephanie Toothaker Cc: Steve Wherry Subject: RE: OTO Stephanie, Note that the following site area breakdown and computations were used for determining the pervious percentage for the proposed Site Development Phase Area, excluding the Outparcel: Total Site Area 9,694 Ac Outparcel Area 2.004 Ac Site Development Area 7.690 Ac Impervious Area 4.506 Ac Building Area 0.963 Ac Pavement/Walk Area 3.543 Ac Pervious Area 3.184 Ac Dry Retention Area 1.360 Ac Green/Landscape Area 1.824 Ac Percentage Pervious Area Provided (3.184 Ac/ 7 690 Ac) X 100% = 41.40 % Percentage Pervious Area Required 30% or(7 690 Ac X 0.30) = 2.307 Ac (3.184 Ac Provided Exceeds the Required 2.307 Ac) Please review and advise me if the information pre>ented is sufficient for your response back to Corinne. Regards, John L England. P E. 5i30 2007 Comffedi Development Services, Inc. 3141 Commerce Parkway Miramar, Florida 33025 Office Phone#(954)438-4300, Ext. 1015 Office Fax#(954)438-1433 From: Stephanie Toothaker [mailto:Stephanie@blossersayfle.com] Sent: Tuesday, May 29, 2007 5:07 PM To: Ed Miranda; John England; Cc: Steve Wherry Subject: FW: OTO Importance: High John— Can you please let me know how to address Corinne's comment? Thanks! StephanieJ. Toothaker Blosser& Sayfle 450 East Las Olas Boulevard Suite 700 Fort Lauderdale, Florida 33301 w: 954.523.2427 f: 954.523.9146 c: 954.648.9376 From: Lajoie, Corinne [mailto:cchurch@ci.dania-beach.fl.us] Sent: Tuesday, May 29, 2007 5:05 PM To: Stephanie Toothaker Cc: Leeds, Larry Subject: OTO Please be aware, based on the informatio, provided in the plans submitted on Friday May 25, 2007 1 am unable to determine if a peR )us area waiver is needed. Th- ffore, if a pervious area waiver is determined to be nee -3d, the waiver will have be esented to the Planning and Zoning Board at a latter c te. Seethe applicable staff its below. * Staffs pervious area calculations c nes to 28% pervious ng outparcel. Applicant indicated 41.4% pervious ar, provided. Clarify by sh tions. STAFF IS UNABLE TO DETERMINE IF A WA ER IS REQUIRED. (P! Corinne Lajoie, Principal Planner City of Dania Beach 5/30/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - -- -- ROUTING SHEET Route Date mica �'XJ�n �(�1�// '�np Log SP-08-07/VA•15-07 Project bTO Dania Beach Hotel -- Ll Revised Plans for commission J JUL � 1 2007 olio PLE:S—E—:R—EEEW THE ABOVE REFERENCE ID P JE -- - COMDEVELOPMENT DIRECTOR'S STAF ��iT BE INCORPORATED IN THE BOAI7Y COMMISSION.THANK YOU. ` E PLANNING AND ZONING Route Via: Mail ❑ Pick Up E/1 In-house Fire Marshal h Landscape I_i BSO I' Public Services y_l Planner Li ,( Other Consultants C:CGA �� Approved as submitted - Denied Comments must address prior to PZ/Commission hearing r-� Approved w/conditions [Ji ll List Conditions -Ir2 Y Signature - . . -�/I G Date Print Name u i -- -- Calvin, Gior 'dano:� A�sociates�-lnc, E X E PiT 1 d N A L 510 L U T I 0 N S Fort lauds ale of ce - 1 00 Elle(Drive Suite 6C ,Fort 6uderdaie Florida 33316 _._.� 95492,BBB . g_ Memorandum Pal Beach dice • 560 Village Blind Suit 340 To Palm Beacht Florida 33409 Pho a 561 684 61 1 Pux 561,6N4 63(0 �._ � I ( I i i -�.uIiy(,20gz- Domi Tic dando, P.E. ' >,r�ree� Publie-Services. . . — — . ��ity 6 is Beach l --� F O �— ' --�artKenn dy,I"E. 15irector o Engineering - Calvin, Giordano &Associates r � S JBJ CT: Oto 1�ania?Beach Hotel Site PROJECT 971826-57 "torinne L$Joie, Community Development/Planning Division Jiohn Messerian, P.E. } ; Lisa Colmenares, AICP Background Information The Applicant is seeking site plan approval to construct two 149-room hotels and an outparcel on the northeast corner of Interstate I-95 and Stirling Road. Kimley Horn and Associates prepared a traffic impact study for the proposed project, which was deemed acceptable. On April 26, 2007 Calvin, Giordano & Associates, the City's traffic consultant was not able to recommend approval of the project due to lack of information on the site plan concerning access to the site from Stirling Road. The Applicant was requested to provide additional information showing the project site connectivity to Stirling Road in general and to SW 18h Court and SW 18111 Avenue, including dimensions of all proposed driveways, turning radii for the type of vehicles that will utilize the facilities, traffic control, dimensions per lane, parking details and calculations, and other pertinent information for traffic circulation and safety within the site. A meeting was called on Friday, June 29, 2007 by the City of Dania Beach to address any outstanding issues with the Applicant's traffic impact study and/or the site plan. At this meeting, the Applicant agreed to revise the site plan showing connectivity to Stirling Road with dimensions addressed. P. PROIECTs11997,971.926 D,\NIA MISCELLANEOCS ENGINEERING�CORRCSPONDENCE\MEMOS AND MLE 1'INi;SI0To DAMA BEACH HOTEL SITE 070607 DOC Memorandum Page 2 Site Plan Review On July 3, 2007 Calvin, Giordano & Associates, the City's traffic consultant received and reviewed the revised site plan from the Applicant, which consisted of a sheet including details for connectivity from S.W. 18'h Court and S.W. 18`h Avenue to the adjacent roadways to the project site. The sheet also dimensions the eastbound turn bay on Stirling Road at S.W. 18''Avenue. Conclusions and Recommendations After a review of the revised site plan, the site plan appears to adequately address all previous concerns. At this time we recommend APPROVAL of the site plan. If you have any questions, please contact us. Sincerely, wa Karl Kennedy, P.E. Director of Engineering-Calvin, Giordano &Associates P PROJECTS 191+7 971876 D mmAMISCELLANEOUS,ENC TTNNG CORRESPONDENCEWEMOS AND }AtFTINCS,OTD DAFI:\ BEACH IIOTFL SITE 070607.DOC Message Page I of 4 Lajoie, Corinne From: Brown, Sean Sent: Friday, June 15, 2007 11:10 AM To: Steve Wherry Cc: Stephanie Toothaker; Lajoie, Corinne; John England Subject: RE: Responses to Staff Comments for OTO Review Steve, That is correct. I will allow that with the understanding that if the flow does not meet the demand once cony�ectcd, the project will not be approved for permit until such time as the appropriate flow can be provided. I highly doubt that you would not have enough water after tapping into the 12" main but this requirement must be met in the event there is not enough water Sean Brown Fire Marshal City of Dania Beach Fire Rescue Fire Prevention Bureau 100 W.Dania Beach Blvd. Dania Beach,FL 33004 Phone: (954)924-3656 Fax:(954)924-3733 Email:kbrown@ci.dania-beach.fl.us This message,together with any attachments, is intended only for the addressee. It may contain information which is fegaltyprfyfreged,confidential a„deremprfromdisclosure. If you are not the intended recipient, you are hereby notified that any disclosure,copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone(954-924-3656)or by return e-mail and delete the message, along with any attachments. From: Steve Wherry (mailto:SWherry@BlosserSayfie.com] Sent: Thursday, June 14, 2007 5:48 PM To: Brown, Sean Cc: Stephanie Toothaker; Lajoie, Corinne; John England Subject: FW: Responses to Staff Comments Sean—Can you clarify whether there will still be a need, at this stage, to perform the flow tests Corinne referred to in her earlier email? Our plans call for extending and tying into the 12" water mains stemming from Stirling Road and through the properties to our south. We agree that that the existing 6" water mains, alone, will not provide suitable pressure. We will certainly test the flow from the 12" lines at the appropriate time during the final design development and construction plans phase, prior to construction permit approval. Thanks, Steve Steven Wherry 6i 1 5 12007 Message Page 2 of 4 Blosser& Sayfie 450 East Las Olas Boulevard, Suite 700 Fort Lauderdale, Florida 33301 954.523.2427 Office 754.224.7535 Cell 954.523.9146 Fax steve@blossersayf e.com From: Steve Wherry Sent: Thursday, June 14, 2007 4:56 PM To: 'Lajoie, Corinne' Cc: Stephanie Toothaker; John England; 'kbrown@ci.dania-beach.fl.us' Subject: RE: Responses to Staff Comments Corinne— I think we're onboard with addressing the comments below but are not sure about#3 relating to building heights. The information in C-1 "Site Data" conforms to the information in the elevations, but we will add more information in that section of C-1 to further clarify (1) the highest point of each building (crown or parapet) and (2) the roofline of both buildings. Also, we were under the impression (regarding#9)that since we are tapping into a water main that the flow tests would not be necessary. I will seek clarification from Sean Brown and ask him to confirm with you either way. Thanks, Steve Steven Wherry Blosser& Sayfie 450 East Las Olas Boulevard, Suite 700 Fort Lauderdale, Florida 33301 954.523.2427 Office 754.224.7535 Cell 954.523.9146 Fax steve@blossersayfie.com From: Lajoie, Corinne (mailto:cchurch@ci.dania-beach.fl.us] Sent: Thursday, June 14, 2007 4:40 PM To: Steve Wherry Cc: Stephanie Toothaker Subject: RE: Responses to Staff Comments I reviewed the comments you sent. Your comment#8 regarding the 'double-blind' pedestrian access was updated on Sheet C-1 in the detail only, not on the drawing. As a result of my review and Dominic's e-mailed comments, below are a list of the outstanding comments that have yet to be addressed. 1. Setback line identified on Sheet C-1 must be amended to eliminate are of outparcel. Outparcel should be a free standing piece of land, therefore the footprint of the proposed Hyatt Place and Summerfield Suites cannot encroach into the outparcel property. Revise accordingly (Planning Division). 2. Revised 'Parking Calculations' on sheet C-1 to reflect 4 loading berths required for Hyatt b/15/2007 Message Page 3 of 4 Place and 5 loading berths required for Summerfield Suites, as reflected in the applicant's variance criteria statement (Planning Division). 3. Revise 'Site Date' on sheet C-1 to reflect the building height of both buildings illustrated on the exterior elevation drawings for each building. The building height identified on Sheet C- 1 and shown on the elevation should be the same. Clarify (Planning Division). 4. Must provide 'double-blind' pedestrian access as part of dumpster detail. Revise site plan drawings on all plans to reflect detail shown on Sheet C-1 in drawing and in the detail (Planning Division). 5. Provide letter from solid waste service provider stating the proposed number of dumpsters is sufficient to serve the proposed development with 2x weekly pickup. 2nd time requested (Planning Division). 6. Applicant must provide a bond to the City for $10,500.00 to ensure the survival of the existing trees & pay to the City's Tree Trust fund $43,400.00 for the trees to be removed from the site. The bond and mitigation must be paid prior to issuance of a building permit (Landscape Consultant). 7. The traffic study prepared by Kimley-Horn and Associates has addressed all concerns. However, the site plan prepared by Consultech will need to be reviewed in order to recommend approval (CGA— Public Services; ). 8. Public Services approved the project with the condition that the applicant submit updated drawings for further review and confirmation (Public Services; 6-14-07). 9. Adequate water supply must be provided; 1) fire flow demand — signed and sealed by engineer, 2) flow tests (Fire Marshal). Corinne Lajoie, Principal Planner City of Dania Beach (954) 924-3704 -----Original Message----- From: Steve Wherry (mailto:SWherry@BlosserSayfie.com] Sent: Thursday, June 14, 2007 11:59 AM To: Lajoie, Corinne Cc: Stephanie Toothaker Subject: Responses to Staff Comments Corinne— I have attached a document that responds point-by-poin the earlier staff comments. I did not send this to you earlier and was under the impression others may Sorry for the confusion. If you already received this, I apologize for the repeat, but it occurred to g at the email you sent Stephanie earlier today that you may not have this document. Thanks, Steve Steven Wherry Blosser & Sayfie 450 East Las Olas Boule 110 15/20o' Message Page 4 of 4 Fort Lauderdale, Florida 33301 954.523.2427 Office 754.224.7535 Cell 954.523.9146 Fax steve@blossersayfie.com hr 1 C1p February 22,2007 MEMORANDUM TO: Corrine Church FROM: Patti Hoot-McLeod Landscape Consultant RE: OTO Dania Beach Hotel SP-08-07 Tree mitigation and Bond I have inspected the trees on the known as OTO Dania Beach Hotel and concur with the Certified Arborist. Unfortunately, the trees have not been in managed care and most are old and dying. The upper canopies sustained severe damage from the 2005 hurricane season and the visible signs of greenery that can be seen in the upper are vines and sucker growth, not healthy foliage. The owners will be relocating the existing sabal palms, removing all dead and dying trees and preserve many trees located along the 1-95 corridor as shown on the plan. The mitigation amount is based on trees that are living but are not viable candidates for relocation The bond amount for the relocated and preserved trees is: $9,900.00 Preservation 600.00 Relocation Bond Total $10,500.00 Mitigation Total: $ 43,400.00 i Resp@ctf ly sub itte ij Patti Hoot-McLeod\ tf!lR�L�, �t�GJ t planning {�P!l3f�Ci?8I1� CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date ! 5/1/2007 ' Project 070 Dante Beach Hotel '.Revised a Plana-Landsca -- -------p . . 1 r : ,� 1. Folio PLEASE REVIEW THE AB ` ; I"" 3 i" I iS e it L COMMUNITY CEO DRRECTOR C O PR RECT FOR COMMENTS TO _J BOARD AND CITY COMMISSION.THANK YOU. ECOMMENDATION TO THE PLANNING AND ZONING Route Via: Mail❑ Pick Up � In-house❑ Fire Marshal ❑ Landscape _ � ] Public Services ❑ BSO❑ Planner El Other ConsuItanW []CGA Como P nts must adtlressmitte Approved as sub prior Denied�J " Z/Commission L11 Approved w/conditions List Conditions Signature �._ - PYvl C-uv ) Date {{{ Print Name u _ - v � MACTEC 2,:, l` engineering and constructing a better tomorrow UR 13 N111 Planning April 13,2007 Laurence Leeds, Director Community Development CITY OF DANIA BEACH 100 W.Dania Beach Boulevard Dania Beach,FL 33004 Subject: SUMMARY OF FINDINGS OF PHASE I&II ENVIRONMENTAL SITE ASSESSMENT 10 ACRE SITE Off Stirling Road and Interstate 95 Dania Beach,Florida MACTEC Project Number 6227-06-3656 Dear Mr. Leeds: MACTEC Engineering and Consulting Inc. (MACTEC)completed a Phase I & Il Environmental Site Assessment for OTO Development at the 10 Acre Site located to the east of interstate 95 and southwest comer of West Dania Beach Boulevard proposed for the construction of Hyatt Place and Hyatt Summerfield Suites. The Phase I was conducted to characterize actual and potential environmental concerns associated with the subject and surrounding properties. Evidence of on-site recognized environmental conditions, as defined in the ASTM E 1527-05 Standard, in connection with the historical land use of the subject property were identified including drums of unknown contents located on an abandoned trailer. Also part of the property was previously a pond that has been filled with fill of unknown quality. Review of aerial photographs indicated that the subject property had been used during 2003 and 2004 for unknown purposes involving what appear to be tractor trailers or tanker trucks on the subject property. A portion of the subject property is designated as wetlands. There is evidence of off-site recognized environmental conditions in connection to the subject property. One AST, typical of compressed gas tanks that appeared to be abandoned, was observed at the northeastern boundary adjacent to the subject property. Based on the results of the Phase I Environmental Assessment, a Phase II ESA that was comprised of limited soil and groundwater sampling and analysis was completed by MACTEC at the subject property to investigate potential soil and groundwater impacts. In addition, the wetland designation status for the subject property was verified the Broward County Environmental Protection Department, Biological Resources Division (EPD-BRD). The EPD- BRD in a correspondence dated October 5, 2006, indicated there are no departmental jurisdictional wetlands on the subject property. I I i MACTEC Engineering and Consulting, Inc. -,'r._! • m L;t,.S F. ;30 $ • .. %t.' <6 .;52R • is 5".S26.17i i w .mactec.corn j I SUMMARY OFFIVDINGS OF PHASE I&11 ENVIRONMENTAL SFFEAssESSMENT IOAcRESITE APRIL 13,2007 MACTEC ENGINEERING AVE)CONSULTING,INC.(MACTEQ PROJECT NUMBER 6227-06-3636 The Phase I and II ESA did not discover hazardous waste, as defined by 40 CFR 261 requiring cleanup prior to construction activities at the Site. Based upon the Phase II ESA results, MACTEC presented the following conclusions and recommendations. Soils • Of the parameters tested, arsenic is the only parameter detected that exceeds a Florida Department of Environmental Protection(FDEP) Soil Cleanup Target Level (SCTL). The levels range from less than the detection limit to 3.09 mg/kg, with a SCTL of 2.1 mg/kg. • The future construction will affect the recommendations on how to handle the arsenic impacted soils. If the soils are excavated due to construction activities a composite sample should be collected and analyzed at the laboratory to determine appropriate disposal options. • If the soils are left in place a UCL95 statistical methodology can be applied to the site to document that the overall site average is<2.1 mg/kg. If this option is chosen, the appropriate regulatory approvals may be required. Additionally, an evaluation of the existence of elevated natural arsenic in this area can be performed. Groundwater • The former pond and adjoining areas contain solid waste that has produced ammonia in groundwater exceeding the FDEP Groundwater Cleanup Target Level(GCTL)and methane gas concentrations>100%LEL. • Of the parameters tested, the only other groundwater GCTL exceedances appear isolated with benzene detected in a sample from one location at 1.72 µg/L exceeding the GCTL of 1.0 µg/L and selenium in a sample from one other location at 131 µg/L exceeding the GCTL of 50 µg/L. • The groundwater exceedances identified are within the FDEP Natural Attenuation Default Concentrations. A Monitoring Only Plan is a viable option for the groundwater at this site based on the parameters tested and detected. Solid Waste/Methane • A large percentage of the property contains buried debris consisting of plastic, wood, concrete slabs, metal pipes, and cylinder blocks. • Future site construction will need to take into consideration settlement issues and methane gas collection requirements. • if any of the solid waste is removed during construction, the material must be characterized for appropriate handling and disposal. SUMMARY OFFINDINGS OFPNASEI&R E,%,V1RON.14E.VT.4L SITEASSESS.NEVT 10.ACRESiTE APRIL 13,2007 MACTECEA'GINEERING AND CONSULTING,INC.(MACTEQ PROJECTNuueER 6127-06-3656 If you have any questions or require any additional information, please call Ashok Aitharaju at (305)818 8478. Sincerely, MACTEC ENGINEERING AND CONSULTING,INC. Ashok Aitharaju Ricardo Fraxedas,P.E. Project Engineer Principal Engineer SI EY�CQ1� 6C� WITH PRMISSION Georg L. Lukenbaugh,P.E. t Project 5� ject Manager o1 ,4 F9 c to I N 8 P_P.M � Distributions: Addressee(2) Bruce Collins—OTO Development(1) George Luckenbaugh(1) File(1) PAPrcjeclss\ENVIRONMENTAL PROJECTS\2006 Out of Town Projects\6227-06-3656.01 Phase 1 Dania Beach Charlotte Once\Correspondence\City of Dania Beach Lmdoc 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 e ❑ Rezoning )11 Site Plan Date Reed: l Z5 p7 ❑ Special Exception JAN 2 5 7007 Petition No.: 'J�08-a7 Special Request ❑ Trafficway Waiver Planning , ❑ Variance Department ❑ 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: Stirling Road and I-95, Dania Beach, Florida Lot(s): see survey Block: Subdivision: Recorded Plat Name: see attached legal and survey 5 504233480020, 504233480012, 504233390020 Folio Numbers : 504233480011, ( ) Legal Description: see attached Applicant/Consultant/Legal Representative (circle one) Stephanie Toothaker, P.A. Address of Applicant: 450 East Las Olas Boulevard, Suite 700, Fort Lauderdale, FL 33301 Business Telephone: (954) 232-2427home: Fax: (954) 523-9146 Name of Property Owner: Robert/Donna Krilich Address of Property Owner: 851 Flamingo Drive, Fort Luderdale, FL 33023 Business Telephone: (954)760-9719 Home: Fax: (954) 760-4792 Explanation of Request: Site Plan Approval Prop. Net Acreage: 9.6942 Gross Acreage: 9.6942 Prop. Square Footage: 422,279.35 Existing Use: C-2/Land Proposed Use: Hotel Is property owned individually, by a corporation, or a joint venture? Individual r I: and nd that site plan and variance approval automatically expires within 12 m e of Co on approval, pursuant Ordinance No. 2005-M Kt � I J*A14 I,sc-!ey /dt3 a o v -2 Ap icsWowner g—IADWw Print Name DMN APPLICANT►CONSULTANT►OR LEGAL REPRESENTATM NWARWD SMNATURE Sworn to and subwdW before me AppllcanyCorwitant/pep t This-1—?J_day of"&i hung,20_ Signature: lHte: Sign Name Of Now (Print Name) stabs of(P`luet a.) 1 L. Print Name of Notary sheet Address,Clty, State and Zip code Commission Seal, A Cif$IOi "DUB Telephone No,E Fax No. Comtoisdon IDD24279c EXPlrBeLAWvQ200j INDMDUAL OWNER NOTARIZED SIGNATURE! This 16 to oa* that I am the fee simple owner of subject lands deacarlbad abbe and that i have authorked (Ap0kw t•Q=b/Represertanw) make and file the aforesaid appikmdor. to Sworn to and subscribed before me owner; 6,Vff,4 This d day of 20DJ Slgnaturo: Date Sign Name of Notary Publict�� (PrintN� State of(�-tt�tI ) ) 2/A' itr T1Z�� ,P2 Sl FLf}M/�VyO ��✓E, Fr. Lri�6.,iL Print Name of Notary Street Address, Cty, State and Zip Code 3302,3 Commission Expires: 957v 76 v - 97/ 9 0s,q 7e 0 - M;2- seal: telephone No. &Fax No. ". Laurie Ann K.Duerr; CommissionfDD242790 = �• �Expires:Aug 19,2007 6andod Thou Mantle Dondinp Co.,Inc, "This signature page replaces the signature page for the attached General Development Applicatio signed Januar 2007 and submitted to the City on January 25, 2007. I and nd that s plan nd variance approval automatically expires within 12 0 of city C ISM approval, pursuant to Ordinance No. 2005-040. Stephanie J. Toothaker, Esq. February 28, 2007 ppli t/ ei signature r nt Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATU Sworn to and subscribed before me APPM3* tai epresentative: 28thdav February 2007 CAMUAw11I411 M Slg NMI►rw-ea.d raft E4w E*"Nwtt, 0 Feb Do t e: ruary 28, 007 Stephanie J. Toothaker, Esq. Sign Name of Notary Public (Print Name) State of( ) 450 8. Las Olae. Blvd., Suite 700 C Ot.ye Ie ILK Fort Lauderdale, FL 33301 �t- Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-523-2427 phone 954-523-9146 fax � � �'� v Seal: Telephone No. &Fax No. 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 (XO>E88OWNW& it/Representative) Stephanie J. Toothaker, Es to make and file the aforesaid application. Sworn to and subscribV before me Owner: Donna K i ich This 1? day of FLO. 204] Signature: � Fx-K�1 �^ Date: Q -2 • -0 v Donna Krilich Sign N e of Notary Public (Print Name) State of( ) 851 Flamingo Drive Fort Lauderdale, FL 33023 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 954-760-9719 phone 954-760-4792 fax Seal: Telephone No. &Fax No. P'��7. GAEGORY 0.0(SEN ��3i3f71i1 Oapartmaitt LEGAL DESCRIPTION LAND DESCRIPTION: ALL THAT PORTION OF THE NORTH 1/2 OF THE SE 114 OF THE SW 1/4 OF SECTION JJ, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD /9 (I-95), SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, (A/K/A THE NORTH 664.12 FEET OF PARCEL A OF DUKE & DUKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 124, PACE 48, BROWARD COUNTY PUBLIC RECORDS). TOGETHER WITH THE EAST 1/2 OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4, EXCEPTING THE SOUTH 306 FEET THEREOF AND THE NORTH 11J.0 FEET OF THE SOUTH J06.0 FEET OF THE EAST 1/2 Of THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 Of THE SW I/4 OF SECT/ON JJ, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SROWARD COUNTY, FLORID4(A/K/A A PORTION OF PARCEL V, KRILICH PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED /N PLAT BOOK 14Z PAGE 19, BROWARD COUNTY PUBLIC RECORDS). TOGETHER WITH LOTS I THROUGH 10, WITH PORTIONS OF LOTS 11 & 12 AS DESCRIBED IN O.R. BOOK iJJJS AT PAGE 90, BLOCK 2, (A/K/A A PORTION OF PARCEL A, KRILICH PUT ACCORDING TO THE PLAT THEREOF RECORDED /N PLAT BOOK 14Z PAGE 19, BROWARD COUNTY PUBLIC RECORDS) AND LOTS 1 THROUGH 6 AND 18 THROUGH 24 (A/K/A PARCEL "B, KRILICH PUT, ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 14Z PAGE 19, BROWARD COUNTY PUBLIC RECORDS) IN BLOCK I OF DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED /N PLAT BOOK 12, PAGE 45, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH THAT CERTAIN RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT ABANDONED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA AS RECORDED /N OFFICIAL RECORD BOOK 29499, PAGE 80J OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF SOUTHWEST 18TH COURT (FORMERLY FERN STREET) TOGETHER WITH A PORTION OF SOUTHWEST 1ST STREET (FORMERLY FIRST AVENUE SOUTHWEST) AS SHOWN ON DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 45, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 17, BLOCK I OF SAID DOUGLAS HILL, AND LYING WEST OF THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK I, TOGETHER WITH 7HE NORTH J51 FEET OF PARCEL I (AS HEREINAFTER DESCRIBED) AS MEASURED PERPENDICULAR TO THE NORTH LINE OF SAID PARCEL 1. PARCEL I IS DESCRIBED AS fOLLOWS: ALL THAT PART OF THE W 1/2 OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION JJ, TOWNSHIP 50 SOUTH, ,RANGE 41 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO. 9, EAST OF THE EAST LiMITEO ACCESS RIGHT-OF-WAY LINE OF SAID STATE ROAD NO. 9, AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF SHRLING ROAD, SAID LAND SITUATE LYING AND BEING 1N BROVIARD COUNTY. FLORIDA IOCETHER WITH A NON-EXCLUSIVE PERSONAL EASEMENT OF INGRESS AND EGRESS AND PUBLIC URLITIES OVER LHE WESTERLY 10 FEET AND SOUTHERLY 10 FEET OF THAT PORTION OF SAID PARCEL 1 LYING SOUTH OF THE NORTH J51 FEET THEREOF LESS FROM ALL THE ABOVE DESCRIPTIONS THOSE PORTIONS CONVEYED TO OAKRIOGE HOTEL I IN O.R. BOOK 27620, PAGE 199 AND O.R. BOCK 28JJI, PAGE 321, PUBLIC RECORCS OF BROWARD COUNTY, FLORIDA. SAIO LANDS LYING IN 7HE CITY OF DANIA, BROWARD COUNTY, FLORIOA, CONTAINING 422,231.J7 SQUARE FEET (9.694 ACRES), MORE OR LESS. ALSO KNOWN AS: A PORTION OF PARCEL A, DUKE k DUKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 124, PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLCRIOA. TOGETHER WITH A PORTION OF PARCEL A" AND A PORTION OF PARCEL "B", KRIUCH PUT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 142. PAGE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PACE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION OF SOUTHWEST 16TH COURT AND SOUTHWEST 1ST STREET ABANDONED BY RESOLUTION OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONER (RESOLUTION NO. 1999-602) RECORDED IN OFFICIAL RECORDS BOOK 29499, PACE 803 OF S4/0 PUBLIC RECORDS. ALL BEING MCRE PARTICULARLY DESCRIBED AS FOLLOWS.: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A, DUKE & DUKE SUBDIVISION; THENCE NORTH 87'52'10" EAST ALONG THE NORTH LINE OF SAID PARCEL A, 511.87 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01'10'16" EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE SOUTH 8754'08" WEST ALONG SAID SOUTH LINE OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS; THENCE SOUTH 01'17'38" EAST ALONG SAID NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1, A DISTANCE OF J25.00 FEET TO THE SOUTH LINE OF LOT 6, IN SAID BLOCK 1; THENCE SOUTH 8754'08" WEST ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85.10 FEET TO THE WEST LINE OF SAID LOT 6 AND THE FAST LINE OF PARCEL "B" KRILICH PUT, AS RECORDED IN PUT BOOK 142, PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01'1921" EAST ALONG THE WEST LINE OF LOT 7 AND SAID EAST LINE OF PARCEL "B". 50.00 FEET,., THENCE SOUTH 8754'CB" WEST, 15.07 FEET' THENCE NORTH 01'28'53" WEST, J1.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 193.00 FEET, A CENTRAL ANGLE OF 54'2775, AN ARC DISTANCE OF 78J.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11'SJ'SJ" AN ARC DISTANCE OF 146.40 FEET, THENCE NORTH 22'09'49" EAST, 52.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID PONT BEARS NORTH 22'09'49" EAST FROM THE .RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 757.09 FEET A CENTRAL ANGLE OF 14'59'12 AN ARC DISTANCE OF 198.01 FEET; THENCE SOUTH 01'27'28" EAST, 52.63 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07'48'42" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE ,VORTHWFSTERLY ALONG TH£ ARC OF SAID CURVE HAVING A RADIUS OF 70500 FEET, A CENTRAL ANGLE OF 03'29'15'; AN ARC CISTANCE OF 42.92 FEET TO A POINT CV THE NEST LINE OF PARCEL A OF SAID DUKE & DUKE SUBDIVISION, THE EAST RIGHT-OF-,VAY LINE OF INTERSTATE HIGHWAY 95 AND A NON-TANGENT CURVE CONCAVE TO THE .VEST (A RADIAL LINE THROUGH SAID POINT BEARS NGRTH 35'10'32" 'NEST TO THE RADIUS POINT CF THE ,vEXT DESCRIBED CURVE); F�6NCE NORTHERLY ALGNG THE .ARC OF SAID CU%7VE HAYNC A RADILS 6F 5529.E5 FEET, A CENTRAL ANGLE OF 06'57'09': 4V ARC CbT4NCE CF 77253 FEET TO F4E PONT CF l3ECIIVNING. -A;0 LYr rN ERC;IARD J;+n/, FLGRICA. �. ,,.,,, 422Fd7 37 E FFE" /1.69-1 AQPFS), 'AGRF '7R I'55. ` Z a U Y z Q a N W uj¢ < g ZOf < QZ � ❑ z Z co CD Qz a 0 ¢ ¢ z 0 J J N LL > J O Q w d 0 Z Z w 0LO fn z ¢ z w ¢ z 00 0 0 w J ~ (� ¢ > Z. z w af O IJi ¢ w a 0 0 O O d d Q ❑ W > W J J J > J w Z ~ u Z w a a z N ❑ ❑ LL w > w O z w (0 co _ z Q ❑ ag v❑i w w w w w ❑ g m o z N z 0 N w Z m > J Q LL m O a z V Q z d F Z z 0 0 w w W z ¢ N ¢ N z N z g O z o w z F ❑ w 0 U w � a w a s Z W L d a C w ¢ a 0 a ¢ w z W w w x u=i ai ¢ w z J o F- Q w w CO ❑ N a C� 3 a N Q LL N w z g g ¢ 0 d' w F w J Y w w > w } ❑ J w w w w w C7 0 m w N W O U w N U W w' Q < < Z U W U U U U w w w N F w ❑ O Z x rn w J g 0- z z Z z Z z ¢ U g E g g g g w E w O 0 LL 0 m O W W J w rn Q a w {{a-- a a. a w w w a v z p KK ��'/^� J J N J J J Q F W = Q Z W LL V/ �\ 0 0 > i D cr � z Of x of w > > i i i i > > > x z g � Z U O 2 N a d Q M d a ❑ ¢ S N S 2 S 2 N N N w N g a F-- W W O M U ram \ z d W 00 m Q' N ¢' N = U U U U U U U U U Q ¢ Q Q Q Q ¢ Q Q N N J J O a � _ � w o w W QJ z Q ffi � m _ W V m _ o N OJ ' a ZZ a RF � Z QoL.ISXLNi O u� T/•� O Q CL Z LL z ^ o � F+i U J 7 U O o O � F W F— LU r W eo� � m� a6o oo oz Uo ;o�' F b 8 c w �'° Rio i! 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W(n I I I �LIJ � w I 0 Nw I 0 �� W I �� WLim f _ r- y — -— a - ----------- ------ -------- — — / c a t "Yy U n zL----1 U / en .O.n. .N ,00'9= 3 d'd SWOON 617E -S31NOlS 9 30V-1d iiVAH c ___________________ 1 H ,..1 °�O K rc y z 0 6 s - 4 M I �I � C 9Z O y y o o Q L1. - — - — - — - — - — ------------------------ 3w� �— �a of z I � w o `- .n 3: x U w w cd —1 N Ef E till 61 3 < F V{{ [2 i s 6� �'.j l-J � gg g gg gg gg gg gg eq tlx r 6ry�� Z O E W p/ 3 - ({ [[ j( n 6 P JH 8 BI I At 1111 - z o= Y °E g - z h F m C C E@ E E P E CITY OF DANIA BEACH Agenda Item # / Agenda Request Database Date of Commission Meeting: 7/24/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-132 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST AND SETBACK WAIVER SUBMITTED BY MILLER LEGG&ASSOCIATES,INC.ON BEHALF OF THE PROPERTY OWNER MARINA MILE PARK OF COMMERCE,LLC.,FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30TH AVENUE AND SOUTH OF STATE ROAD 84,IN THE CITY OF DANIA BEACH, FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Al#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-12-07 : The applicant, Miller Legg &Associates, Inc., on behalf of the property owner Marina Mile Park of Commerce, LLC., is requesting a waiver and site plan for office/warehouse development located on the east side of SW 30 Avenue south of State Road 84. ...WIN n� Now n�c�a ssr,'t4:. Resolution Staff Report Application Backup Site Plans 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 Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE SITE PLAN REQUEST AND SETBACK WAIVER SUBMITTED BY MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE PROPERTY OWNER MARINA MILE PARK OF COMMERCE, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30T" AVENUE AND SOUTH OF STATE ROAD 84, 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, Section 18.60, "Area Requirements" of Article 18 of Chapter 28 of the City Code of Ordinances of the City of Dania Beach, Florida, sets the area requirements for uses within the IROM zoning district; and WHEREAS, Miller Legg& Associates, Inc.,on behalf of the property owner Marina Mile Park of Commerce, LLC., is requesting site plan approval for the proposed construction of 62,176 square feet of warehouse/condo and 117,137 square feet of office use to be generally located on the east side of SW 30`h Avenue and south of State Road 84, in the City of Dania Beach; and WHEREAS, Miller Legg& Associates, Inc.,on behalf of the property owner Marina Mile Park of Commerce, LLC.,is requesting a waiver(WA-32-07)to provide a front setback of 37 feet. (Chapter 28, Article 18, IROM, Section 18.60 requires a setback of 40.5 feet.) WHEREAS,the Planning and Zoning Board on June 20, 2007,recommended that the City Commission grant the site plan request (SP-12-07), subject to certain conditions, 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; and WHEREAS,the Planning and Zoning Board on June 20, 2007,recommended that the City Commission grant the request for waiver(WA-32-07), subject to certain conditions,based upon the criteria set forth in Section 18.60 of Article 18 of Chapter 28 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-12-07) for site plan approval and (WA-32- 07)request for waiver, a copy of which is attached and made a part of this Resolution as Exhibit"A" is approved with the following conditions to be addressed prior to issuance of a building permit: 1. Must provide recorded access easement for use of ingress/egress at NW corner of property prior to issuance of building permit(Planning Division). 2. Must provide a recorded copy of the plat prior to issuance of the building permit (Planning Division). 3. Director) sign area cannot exceed 24 s.f. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 4. 8 directory signs proposed; 6 permitted. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 5. Sheet SPO-I shows 9 monument signs and no directory signs. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 6. If applicant wishes to phase the project (i.e., construct the office buildings first), an amendment to the site plan with staff review and possible City Commission approval will be necessary showing how each phase can stand on its own (Planning Division). 7. Water supply to be provided prior to issuance of a building permit after Broward County has installed 16" mains (Fire Marshal). 8. Additional information will be provided prior to issuance of building permits,as stated in their response. We reserve the right to provide additional comments. (Public Services). 2 RESOLUTION #2007-132 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. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2007-132 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 24, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner �✓/ — SUBJECT: SP-12-07 : The applicant, Miller Legg & Associates, Inc., on behalf of the property owner Marina Mile Park of Commerce, LLC., is requesting a waiver and site plan for office/warehouse development located on the east side of SW 30 Avenue south of State Road 84. WAIVER To allow a front building setback of 37 feet on SW 30`h Avenue (40.5 foot front building setback required based on Building Height). SITE PLAN 62,176 s.f. of warehouse-condo space and 117,137 s.f. of office space. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The subject property is located east of SW 30 Avenue and south of State Road 84. The subject property is approximately 13.5 acres and vacant with a body of water that is currently being filled. SETBACK WAIVER To allow a front building setback of 37 feet (40.5 foot required). The applicant is proposing a 37 foot building setback from SW 30th Avenue. The Zoning Code requires a 40.5 foot building setback (based on building height). The Code allows the City Commission to waive the building setback requirement provided the setback is not less than 10' if there are site restrictions. SITE PLAN The applicant is proposing construction of 62,176 s.f. of warehouse/condo and 117,137 s.f. of office space. Sign information must be finalized prior to issuance of a building permit and is not part of this site plan approval. This project was reviewed by the Planning Division, Public Services, the Fire Marshal and the City's Landscape Consultant. The remaining outstanding conditions shall be addressed prior to issuance of a building permit. 1. Must provide recorded access easement for use of ingress/egress at NW corner of property prior to issuance of building permit (Planning Division). 2. Must provide a recorded copy of the plat prior to issuance of the building permit (Planning Division). 3. Directory sign area cannot exceed 24 s.f. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 4. 8 directory signs proposed; 6 permitted. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 5. Sheet SPO-1 shows 9 monument signs and no directory signs. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 6. The plan does not propose constructing the project in phases. If applicant wishes to phase the project, the applicant will have to meet parking, landscape, and fire access requirements for each phase. 7. Water supply to be provided prior to issuance of a building permit after Broward County has installed 16" mains (Fire Marshal). 8. Additional information will be provided prior to issuance of building permits, as stated in their response. We reserve the right to provide additional comments. (Public Services). PLANNING AND ZONING BOARD RECOMMENDATION On June 20, 2007 the Planning and Zoning Board recommended approval of the requested waiver and site plan subject to the above conditions. STAFF RECOMMENDATION SETBACK WAIVER Approval, requested waiver is less than 10% and has no adverse impacts. SITE PLAN Approval, provided the waiver is approved and the applicant address all eight conditions prior to issuance of a building permit. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - -- ROUTING SHEET Route Date 7/2/200i D Z Log SP-72-07 ---- Project D_JP Airport West- - - - JUL � 1 - - - 1001 ,Revised plans Folio ---- - --_ _r-- PLEASE REVIEW THE ABOVE REFERENCE _ --- -- - -- tanning COMMUNITY DEVELOPMENT DIRECTOR'S ST R BOARD AND CITY COMMISSION.THANK YOU. S OBE INCORPORATED THE PLANNING AND ZONINI THENG 1 Route Via: Mail Pick Up In-house U V� Fire Marshal '._; Landscape Public Services BSO Planner V] Other Consultants �.. CGA Approved as submitted --- - - - _ _ Denied i- Comments must address prior - to PZ/Commission hearing Approved w/conditions List Conditions ir) i Signature — _ G 7 Date Print Name K 3C CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET AND R "" rfjSJf?N WIT71jo NTS IF ANY r Route Date 6/19/200� og SP-12-07Project DJP Airport West,Revised Plans PLEASE REVIEW THE ABOVE REFERENCED PR *JECT FORCOMMENT9 BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMrAENDAT40til _T}�E PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail L.. Pick Up V In-house Fire Marshal Landscape BSO _ Public Services i�i Planner � Other Consultants CGA Approved as submitted _. Denied ff Comments must address prior a--� cw\ to PZ/Commission hearing . Approved w/condaiun List Conditions /�/jio2 70 7fiiU9�ucE of RUILPAJ4 feiNl;r-S /5 wF_ 2F_sf-1wk_: Ty,E /�1GrfT T� ,iru vrpE /l,7D/i7o��gc C�Frf�tti'IS. i�1i��AJ W I Lt✓ =rJ Fr✓2M�tl�o E f/�,V i L)Fh 7 �,bSignature Date JCM /ti[c Print Name X K Message Page 1 of 2 Loftier, Christine From: Lajoie, Corinne Sent: Thursday, June 28, 2007 4:08 PM To: Lottier, Christine Subject: FW: DJP Project- Fire Department Comments- ML Project No. 06-00329 Please print and add to file under staff comments. Thanks. Corinne Lajoie, Principal Planner City of Dania Beach (954)924-3704 -----Original Message----- From: Brown, Sean Sent: Thursday, June 28, 2007 3:35 PM To: Carolina Cubides Cc: Lajoie, Corinne; Jose Acosta Subject: RE: DJP Project- Fire Department Comments - ML Project No. 06-00329 Ms. Cubides, Please consider this reply confirmation that all comments related to Fire for this project have been addressed and the site plan is approved. Please let me know if I Can be of further assistance. Regards, Sean Brown Fire Marshal City of Dania Beach Fire Rescue Fire Prevention Bureau 100 W.Dania Beach Blvd. Dania Beach,FL 33004 Phone: (954)924-3656 Fax:(954)924-3733 Email:kbrown@a.dania-beach.f.us This message, together with any attachments, is intended only for the addressee. It may contain information which is lexur(pprnileged,,confidential uneeren:offromelxclovure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone(954-924-3656) or by eturn e-mail and delete the message, along with any attachments. From: Carolina Cubides (mailto:CCubides@miller )g.com] Sent: Thursday, June 28, 2007 2:21 PM To: Brown, Sean Cc: Lajoie, Corinne; Jose Acosta Subject: DJP Project - Fire Department Commer - ML Project No. 06-00329 6/^_S!20,07 Message Page 2 of 2 Good afternoon Mr. Brown, As per our conversation earlier today and your coordination with Jose L. Acosta regarding the DJP Project, please confirm via email that the Fire Department comments from the DRC Review dated May 31 st have been addressed. Please copy Ms. Corinne Lajoie (cchurch@ci.dania-beach.fl.us) on your response to this email. Should you have any questions or require additional information, please contact me at 954-436-7000, Ext. 213. Thank you, Carolina Cubides, E.I. Engineering Department MILLER LEGG South Florida Office 1800 N. Douglas Road, Suite 200 Pembroke Pines, FL 33024 Phone: (954)436-7000; Fax: (954)436-8664 Email: ccubides@millerlegg.com Website: www.milledegg.com Improving Communities. Creating Environments. 6 2gj2Q07 Page I of 1 Loftier, Christine From: Brown, Sean Sent: Thursday, June 21, 2007 5:15 PM To: Lajoie, Corinne, Leeds, Larry; Lottier, Christine Subject: DJP Site Plans DJP has met all of my requirements- pending water supply (will be provided prior to permit after Broward County has installed 16" mains). This plan is approved with the condition that the water supply be met prior to permit. Okay to proceed to Commission for approval. Sean Brown Fire Marshal City of Dania Beach Fire Rescue Fire Prevention Bureau 100 W.Dania Beach Blvd Dania Beach,FL 33004 Phone: (954)924-3656 Fax:(954)924-3733 Email:kbrown@ci.dania-beach.Fl.us This message,together with any attachments, is intended only for the addressee. It may contain information which is legally privileged,confidential and exemprfrom disclosure. If you are not the intended recipient,you are hereby notified that any disclosure,copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954-924-3656) or by return e-mail and delete the message, along with any attachments. 6h3/_00 7 June 18, 2007 Ms. Corinne Lajoie, AICP Development Services Department City of Dania Beach 100 W Dania Beach Boulevard I Dania Beach, Florida 33004 Re: Miller Legg No.: 06-00329 DJP Airport West (f.k.a. Marina Mile Park of Commerce) SP-12-07 Dear Ms. Lajoie: In connection with the DJP Airport West Project (f.k.a, Marina Mile Park of Commerce) project, and in response to the Planning and Zoning Department comments dated June 14, 2007, we are re-submitting the following response and associated backup for the City's review; enclosed please find: • Three (3) signed and sealed full size copies of the Site Plan Details Sheet (SP-1); • Three (3) reduced copies of the Site Plan Details Sheet (SP-1); • Three (3) copies of the Auto-Turn Exhibit for the Sun Recycling parcel. • One (1) CD containing the Landscape Rendering. Dania Beach Planning and Zoning Department: 1. Must provide recorded access easement for use of ingress/egress at NW corner of property prior to issuance of building permit (Planning Division). Response: This is acknowledged; the recorded access easement will be provided prior to Issuance of building permits. 2. Must provide a recorded copy of the plat prior to issuance of the building permit (Planning Division). Response: This is acknowledged; the recorded plat will be provided prior to issuance of building permits. 3. Directory sign area cannot exceed 24 sq.ft. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). Response: This is acknowledged; the signage will issuance of building permits. In "s �,,1��0 _A7 -✓_ �� Marina Mile Site Plan Date: June 18, 2007 4. 8 directory signs proposed; 6 permitted. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). Response: This Is acknowledged, the signage will be revised prior to Issuance of building permits. 5. Sheet SPO-1 shows 9 monument signs and no directory signs. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). Response: This Is acknowledged, Sheet SPO-1 will be revised prior to Issuance of building permits. 6. Revise Site Data Table on Sheet SP-1 to show required front setback is 40.5', not 30' as identified (Planning Division). Response: The required front setback on Sheet SP-1 has been revised and the plans are attached for your use. 7. Show turn around for Sun Recycling on site plan (Planning Division). Response: The turn around for Sun Recycling was provided as a separate exhibit(within the engineering set), a copy Is also attached for your use. 8. 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 (Fire Marshal). Response: As discussed with the Staff at the DRC meeting on May 31st, 2007, the fire flow test will be coordinated through Broward County Water and Wastewater Services and not through the City of Dania Beach Fire Protection Bureau. Additionally, the fire flow test has been deferred until the offsite improvements to the existing watermain have been constructed. ML Engineering will meet with Sean Brown, Fire Marshall prior to the Commission meeting. 9. Fire Flow Calculations must be signed and sealed by the engineer of record (Fire Marshal). Response: An additional copy of the signed and sealed fire flow calculations will be forwarded directly to Sean Brown, with copy to Planning. ML Engineering will also meet with Sean Brown, Fire Marshall prior to the Commission meeting. 10.Provide an additional FDC for Building #1 at the N.E. corner of the building. Provide an additional FDC for Buildings #2, 3, 4, & 5 on the north sides. Please locate all Fire Department Connections in accordance with the notes provided on 5-22-07 (Fire Marshal). Response: An additional copy of the revised plans submitted for P&Z will be forwarded directly to Sean Brown, with copy to Planning. Page 2 of 3 Marina Mile Site Plan Date: June 18, 2007 ML Engineering will also meet with Sean Brown, Fire Marshall prior to the Commission meeting. 11.Provide copy of the site plan with the corrections made for the Fire Department Connections in PDF format on a CD-Rom for Pre-Fire Planning use (Fire Marshal). Response: The CD-ROM was provided and will be forwarded to the fire marshal by the City. 12.Future submittal should contain a geometric plan or at lease geometric dimensions and radii be provided in the paving and drainage plan. Coordination of engineering plan with the architectural site plan is recommended — see directional arrows on SM-1 and SPO-1 for instance. To be provided prior to issuance of building permits (Public Services). Response: This Is acknowledged; the geometric plan (HCP) will be provided prior to Issuance of building permits. We respectfully request to be placed on the next Planning and Zoning Meeting agenda for June 20, 2007 Thank you in advance for your consideration. Should you have any questions or need additi Rat Infa ation, please contact me at (954) 436-7000, Ext. 255 or Cohen® Ilerle .co Rega Jill Cohen, Rlo1 CP Associate Planning 8, Landscape Architecture cc: Rob Miller Anitra Lanczi Jose Jamarillo Gordan Lundt JC/ch/ V1Projects\2006\06-00329 - Marina Mile Park Of Commerce\Oocum ents\Correspondence\letters\response (p&z) 06-18- 07 doc Page 3 of 3 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - -- ------ -- _ ROUTING SHEET ' 4/19/2 ea Route Date _ _J � � 1 � t a� Log SP-12.6-, - --- Project DJP Site Plan - -- _ IRev1eW Play )�'.{� �� ' 7"�� ollo 504220000320;0330;03401 L�_..��---J `504220500010 PLEASE REVIEW THE ABOVE REFERENCED P COMMUNITY DEVELOPMENT DIRECTOR STAFF FOR fi¢T BE INCORPORATED IN THE BOARD AND CITY COMMISSION.THANKY OU. EQOAAME}.i E PLANNING AND ZONING Route VIa: Mail Pick Up In-house Fire Marshal ❑ Landscape � Public Services r BSO Planner❑ Other Consultants CGA Approved as submitted �t'*"--�-�� J -� Denied Comments must address prior to PZ I Commission hearing Approved w/conditions List Conditions Si nature 1 Fv\C.L Date� c G+ Print Name x K May 3, 2007 MEMORANDUM TO: Larry Leeds Corinne Church FROM: Patti Hoot-McLeod Landscape Consultant RE: DJP Site Plan SP-12-07 Resubmittal The following changes/modifications/additions and or deletions need to be provided and the plans resubmitted. 1) Correct the sizes noted for the Pigeon Plum and Pitch apple the sizes are reflected as palms sizes. 2) Remove the CT specs on the Crape Myrtle and the sabicu 3) Reduce the size of the lignum vitae to an available size Respectfully submitted Patti Hoot-McLeod 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 I ❑ Rezoning Lf'l .•+ DateRec'd: (6 U7 )P Site Plan ❑ Special Exception FEB 1 2'J31 Petition No.: sP ►a-Q,I ❑ Special Request ❑ Trafflcway Waiver 7 :i.j 41 q ❑ Varian ❑ 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: east side of SW 30 Avenue, south of SR 84 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: See Exhibit 1 Folio Number(s): See Exhibit 2 Legal Description: 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: 954.596.2411 (p)/ Home: N/A Fax: 954436-8664 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: Site Plan Prop. Net Acreage: +/- 13.54 Gross Acreage: Prop. Square Footage: appox. 179,313 sf Existing Use: vacant Proposed Use: 62,176 sf warehouse/condo; 11 7 sf office Is property cwred individually, by a corporation, or a joint venture? LLC I understand that site plan and variance approval automatically expires within 12 n� of Ci Commission approval, pursuant to Ordinance No. 2005-040. >vtMiI (Or ), 1-1 5pc-)Cql Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Co ulta esentative: This At day of yN 20 Signature: Date: aXI� Robert Miller Sio Name of Notary Public (Print Name) StAte of( 1=luP-AdA ) 814 S. Military Trail goh,eka. M• -1,NLA.PMRS Deerfield Beach, FL 33342 Print Name of Notary Street Address, City, State and Zip Code Commissio=. =5WMTW .DUENAB 954.596.2411 (p)I954.480.6250(f) Seal: Ni1005Q711 Telephone No. &Fax No. O 20,2010 PWb UnWdV~ INDIVIDUAL OWNER NOTARIZED SIGNATURE: NIA 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. APR 19 1007 ✓CORPORATION NOTARIZED SIGNATURE: N/A Planning Department This is to certify that the below referenced corporation is the owner of subject lands de that I, as a duly authored officer, have authorized (Applicant/Consultant/Representative) /sr, 4e " Lt2 r ....4 .4s. .., 'Ws to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This ) U day of Ra, l 201_I Signature: Date: `l' ! !� 0 7 gob. rT'� . (Print Name) Ck- a.T alQ }-.n k �tey� Sign Name of Notary Public (Print Title) 13 State of r-, a04- L 7— I' Print N treet Address,City,State and Zip CQa MICHELE UREY TEDRICK Comm' ; NotieyPublic-StateofFloft KS9lo -Iq 95�15F80 fo1So Seal: =y eNN X la.zoos Telephone No. &Fax No. CommWbn 0DD452328 Ballad By National Notary Am 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. 0*Each partner must sign. Attach duplicate sheets as required. EXHIBIT 1 (Recorded Plats) FE3 ? 1 01 Isgette's Runway Plat - B.C.R. 158 — 18 Parcel "A.. -- DJP Airport West Plat (proposed, not yet recorded) EXHIBIT 2 - - (Folio Numbers) FF3 ? '; i 'J1 504220500010 (portion of) I "" 504220000320 504220000330 504220000340 1 MILLER LEGG February 14, 2007 Laurence Leeds, AICP Growth Management City of Dania Beach FEB 1 5 2007 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: Marina Mile Park of Commerce - '•:e'tlt MLA Project No: 06-00329 Dear�� Per our pre-application meeting on December 19, 2006, please accept this site plan submittal for the above referenced project. The applicant is requesting site plan review on the aforementioned property in order to proceed with the site's development. This site is located generally south of State Road 84, between Southwest 30 Avenue and Southwest 26 Terrace (Tram Road). The project is proposing 179,313 square feet of office and warehouse use, of which 117,137 square feet is proposed for two office buildings and 62,176 square feet of warehouse/condo use. In preparation of this site plan submittal, we have provided the proper setbacks, pervious/impervious areas, parking, lighting and heights, etc. as required by the City of Dania Beach's Land Development Code, Chapter 28. Please refer to the site plan data table provided on SP-1 for further information. Enclosed with this letter are six (6) copies each of the completed applications, site plan, architectural drawings, signage, photometrics and landscape plan. Additionally, we have provided architectural boards detailing the proposed color scheme and materials for this project. Should you have any questions please do not hesitate to contact me at (954) 436-7000, Ext. 25-4. Regards, \ UIVI le�'t�Re.nce . '�1111er Planning RM/mV Attachments cc: Robert B. Miller, DJP Development Anitra Lanczi, Shutts and Bowen Gordon Lunt, GLDC, Inc. Jose Jaramillo, The Architectual Group V'Pij«b 'Opb p6-(0"29 - Aleilna AIdc N:ik Of Submittal Sit,Nl�a 3,x I M P R O V I N G C O M M U N I T I E S. C R E A T IN G M E N T S. Snurh=fcnda Off le. IDO N Douglas Rwd • Suiw 200 • Nnib,ukr Pw,:, �954;436-7000 • Fax: i9541 ;36-2664 www.millerlegg.com City of Dania Beach, Florida Department of Community Development Planning and Zoning Division qW (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request n Cl (�1+ ' �� Rezoning Ltd l� I ' Date Rec'd: �O y ❑ Site Plan ❑ Special Exception JUN 0 4 P001 Petition No.:)e - 39—07 ❑ Special Request ❑ Trallicway Waiver Planning ❑ Variance ❑ Vacation Request Department 0 Other: ar t.'C (?— 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: South of SR 84, between SW 30 Avenue and SW 26 Terrace(Tram Road) Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: DJP Airport West(proposed); Isgette's Runway BCR B 158, PG 18 Folio Number(s): 5042.20.50.0010(portion only) Legal Description: 5042.2&00.0320 5042 20 00.0330 5042 20 K0340 Applicant/Consultant/Legal Representative(circle one) Miller Leqq &Associates, Inc. Address of Applicant: 1800 N. Douglas Road, Suite 200, Pembroke Pines, FL 33024 Business Telephone: 954 436 7000 fo1/ Home: N/A 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: NIA Fax: 954-480-6250 Explanation of Request: Administrative Variance. See attached correspondence for f ustification. Prop. Net Acreage: +l- 16.27 Gross Acreage: Prop. Square Footage: 7 sf Existing Use:vacant Proposed Use:63,200sf'Narehou� roffce Is property owned individually, by a corporation, or a joint venture? L' I un%lersta that site plan and variance approval automatically expires within 12 m the of City om ssion approval, pursuant to Ordinance No. 2005-0 0. ) IJu. CofI-N _ 467 Applicant/Own r ignature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRES NTATIVE N RIZED GIGMATURE Sworn to and subscribed before me Appli nt/Consultant/Represe to This�day of l.� (,l.A..Q_ 20�`) Signature: Date: _ Jill Cohen, RLA,AICP Sign a e of Nota P blic (Print Name) Stat II(R o r-� ) 1800 N. Douglas Road, Suite 200 Pembroke Pines, FL 33024 Print Name of Notary Street Address, City, State and Zip Code Commission EM- m `WyP, JINIEYSAFDE 954.436.7000(p)/954A36.8664(f) Seal: • ; �R�10 Telephone No. &Fax No. BMMT1AlIBIdOM"W*" INDIVIDUAL OWNER NOTARIZED 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: 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/ConsultanURepresentative) Robert Miller to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Marina Mi ri o tmores,LLC This day of Tne 20� Signature: Date: OG • O 41 • 1)7 Robert Miller \ ' (Print Name) v� �_ Chief Operating Officer tary blic Sign Name of No (Print Title) State of(Fto r t&, ) 814 S.Military Trail,Building 6 naaAlald Reach.FL 33dd2 Print Name of Notary Stree Address, City, State and Zip Code MICHELE UREY TEORIC Commission Ex r " -, ryo nw .cUteorF 4. 6.2411(py954.480.6250 Seal: V `MyCommss1onExpmNov1ir g one No. & Fax No. ' Commission Y Do 452326 ?R6„ Bonded By Naaond NotWyAssn. 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/ConsultanURepresentative) 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 NotaryStreet Address City, State and Zip Code N, p Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. MILLER L EGG 0,,:Pianning June 4, 2007 Laurence Leeds, AICP Growth Management City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: DJP Airport West Site Plan lf.k.a.) Marina Mile Park of Commerce MLA Project No: 06-00329 Dear Mr. Leeds: Per our Site Plan Review Committee comments, dated April 27, 2007, please accept this administrative variance request for the above referenced project. The applicant is requesting an administrative variance request, per "Chapter 28, Land Development Code Section (LDC) 10.13, Variances" for the front building setback along Southwest 301h Avenue. The justification request per §10.13 of the Code, is attached. Specifically, we are requesting a variance to LDC Chapter 28, Section 18.60 (c) (1) "Yard Requirements," which requires a front yard setback abutting any street or public thoroughfare to be one (1) times the building height, measured to the property line. According to this code, a 43'-6" (the building height to the highest peak) setback is required from the abutting Southwest 30th Avenue roadway. Technically, however, the west property line is adjacent to an existing landscape and retention area, (per Plat Book 144, Page 2, which lies between the proposed DJP Airport West Site Plan and Southwest 30 Avenue) and not to the roadway. The closest condition is on the southwest building comer which measures 37 feet from the building to the western property line. The `retention area' is an additional 46 feet at this closest condition, which combined with the 37 feet for the building, provides for an overall setback adjacent to the street of 83-feet. Please accept this letter and attached justification, along with the application and check for S 290.00 as our administrative variance request. Should you have any questions please do not hesitate to contact me at 4) 436`7000, Ext. 255. Regards, Till Co Rr A, A[CP Associatc/Planning JC;nri/ Attachments cc: Robert B. Miller, DJP Dcvclopnicnt Anitra Lanczi, Shutts and Bowen Gordon Lunt, GLDC, Inc. Jose Jaramillo, The Architectual Group V' Pruiccu 2uUb np-0,p29 . %Iarind Mile Turk UI l oiemeree Uocurncnts(on'eery n,,Ilcc I ttct,ch i,VI IILLCI \,1rr'motrati1e V11':901C Ric},UOcl doc IMPROVING l O M M U N I T I E S. CREATING ENV , R J M E N T S. South Florida Office: 1800 N Douglas Road • Suite 200 • Pembroke Pines,Florida • ' ] (9S4)436-kage FhA)aTV54)436-8664 www.millerlegg.com Marina Mile Administrative Variance Justification ATTACHMENT 1 Justification of Administrative Variance Request for Marina Mile Front Setback: §10.13. VARIANCES. Authorize upon appeal such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the city commission must and shall find: (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; Response: This request is unique to this parcel of land is not applicable to surrounding lands within this zone. The portion of the site "adjacent" to Southwest 30m Avenue, which requires this variance, is separated by a "triangular" piece of land which is, at its widest, 46 feet from back of curb to said property line of DJP Airport West Site Plan, (See Attachment 2). We note, that this 'triangular" piece of land is not owned by the applicant and is a landscape and retention area, per the "Port 95 Commerce Plat, " as recorded in Plat Book 146. Page 2, B.C.R. and the proposed office building is 37 feet from the DJP Airport West property line and an additional 47 feet from the adjacent roadway, Southwest V Avenue. (b) That the special conditions and circumstances do not result from the actions of the applicant; Response: This condition is not a result of actions front the Applicant. As noted in the response above, the at jacent lands tine a landscape and retention area per recorded plat. (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; Response: This variance request would not grant any special privilege, its this site Itas an additional landscape and retention buffer, per Plat Book 144, Page 2, B.C.R., which at its widest measures 46 feet from the back of curb (Southwest 30 avenue) to the DJP Airport West Site Plan property line. This strip of land Iving betiteen Sottinvest 30`t' Avenue and the ttest property line of this site plan is not buildable and per the recording document is specified as use J'or retention anal ther'ejare neither revokes any special privilege on the adjacent parcel. (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 Pave 2 of 3 Manna Mile Administrative Variance Justification district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; Response: The interpretation of the provisions of this chapter would be a hardship to the subject property to the development rights enjoyed by similar properties with the same zoning designation. Due to the irregularity of parcelization in area and the triangular shape of the adjacent property to the west, the literal meaning and definition of the standard setback requirement is not applicable in this scenario. A length of 83 feet is provided for this setback, measured from the building corner closest to the property line, to the roadway (37feet from the DJP Airport West property line and an additional 46 feet from the adjacent roadway, Southwest 3dh Avenue). With the inclusion of the width of the adjacent property, the combined setback far exceeds the standard interpretation of the minimum code setback requirement. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure; Response: The granting of this variance will provide for a reasonable accommodation for the building adjacent to the roadway considering the circumstances of the recorded drainage retention area and the requirements governing the front setback for this zone. (t) 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. Response: The granting of this variance will not be injurious to the area involved or otherwise detrimental to the public welfare. This variance request is for the setback to be from the property line, as opposer! to the adjacent roadway; as this site is separated 46 feet adjacent to the roadway, in addition to the provided 37 foot setback to the property line. The combined 83 foot setback to the roadway will provide for an aesthetically appealing corridor frontage in keeping with the design intent of the code in effect. Page 3 of 3 I ' :1 l I ,1� WASTE 1111ANAOEMENr 1831 N\V 21 Avenue PumPmw Stich,Howl.,13073 (954)Q74.7500 June 4.2007 To: Gareth C.L.John Miller Leg 1800 N. Douglas Rd ,U l U y Zpp1 Pembroke Pines, fl. 33024 from: VanceM. Van Ettcn ,srtment Territory Manager, Waste Management p' Dear Gareth, After reviewing the site plans for the DJP Airport West, it appears that Waste Management will have no problem providing service to this location. The recommendation For service would be no less that four solid waste containers that are eight yards in size each. 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I II 91 u II II I au I I , r it I I I I I III II J I I 1 u IIII f1 Iw lill IIII �� lu I IIII - ,I I In r , I, I r'I 41 II I I r Z , i �lii lil ho i` ill I Ir , LI IIu hll I ' .III' i lu I r I IIII Ig IIII — 3/08V 33S —,3NIl H01VW IIII II„ � I IIII 1 IIII e�* II IIII .,III II III I { vataoi�HOd39 ViNva �o A113o OdbJld arC - - j-o - SNOI1v31d133dS R i 0 01. It 13 13 . .1 e I <z a � 2 �mo �. e < 3 CC so _ . — . - I w1ow RESOLUTION NO. 2007-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE "NOT TO EXCEED" ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING AN EFFECTIVE DATE. WHEREAS, in July of 1996, the City of Dania Beach implemented a recurring annual fire rescue special assessment program to provide a portion of the funding for the City's fire rescue services and facilities with the adoption of Ordinance No. 10-96 and imposed fire rescue assessments for Fiscal Year 1997-1998 with the adoption of Resolution Nos. 63-96 and 72-96; and WHEREAS, pursuant to Ordinance No. 10-96, the reimposition of fire rescue assessments for Fiscal Year 2007-2008 requires certain processes such as the preparation of the Assessment Roll; and WHEREAS, annually a Preliminary Rate Resolution describing the method of assessing fire rescue costs against assessed property located within the City, directing the preparation of an assessment roll, authorizing a public hearing and directing the provision of notice of such hearing is required by an ordinance, originally enacted as Ordinance No. 10-96 for the reimposition of the fire rescue assessments; and WHEREAS, the City Commission of the City of Dania Beach, Florida, deems it to be in the best interest of the citizens and residents of the City of Dania Beach to adopt this Preliminary Rate Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Authority. That this Resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment Resolution (Resolution No. 63-96), the Final Assessment Resolution (Resolution No. 72-96), the Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. 130-97), and Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. Purpose and Definitions. That this Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 2007. All capitalized words and terms not otherwise defined in this Resolution shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa: (a) "Demand Percentage" means the percentage of demand for fire rescue services, facilities, or programs attributable to each Property Use Category determined by analyzing the historical demand for fire rescue services as reflected in the Fire Rescue Incident Reports in the State Database under the methodology described in Section 6 of this Preliminary Rate Resolution. (b) "Emergency Medical Services" means those services recorded in Incident Reports that assign a "type of situation found code" that begins with the numeral 3. The "type of situation found codes" are attached as Appendix A. (c) "Emergency Medical Services Cost" means the amount, other than first response medical rescue services, determined by the City Commission that is associated with Emergency Medical Services. 2 RESOLUTION#2007-133 (d) "Fire Rescue Assessed Cost" means: (1) the amount determined by the City Commission to be assessed in any Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, facilities, or programs which provide a special benefit to Assessed Property, and shall include, but not be limited to, the following components: (A) the cost of physical construction, reconstruction or completion of any required facility or improvement; (B) the costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of computer services, data processing, and communications; (F) the cost of all lands and interest in them leases, property rights, easements, and franchises of any nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for insurance; (H) the cost of salaries, volunteer pay, Workers' Compensation insurance, or other employment benefits; (I) the cost of uniforms, training, travel, and per diem; (J) the cost of construction plans and specifications, surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other professional services; (L) the costs of compliance with any contracts or agreements entered into by the City to provide fire rescue services; (M) all costs associated with the structure, implementation, collection, and enforcement of the Fire Rescue Assessments, including any service charges of the Tax Collector, or Property Appraiser and amounts necessary to off-set discounts received for early payment of Fire Rescue Assessments pursuant to the Uniform Assessment Collection Act or for early payment of Fire Rescue Assessments; (N) all other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire rescue services, facilities, or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution; (0) a reasonable amount for contingency and anticipated delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other person for any moneys advanced for any costs incurred by the City or such person in connection with any of the foregoing components of Fire Rescue Assessed Cost. 3 RESOLUTION#2007-133 (2) In the event the City also imposes an impact fee upon new growth or development for fire rescue related capital improvements, the Fire Rescue Assessed Cost shall not include costs attributable to capital improvements necessitated by new growth or development that will be paid by such impact fees. (3) In no event shall the Fire Rescue Assessed Cost include any amount attributable to the Emergency Medical Services Cost. (e) "Fire Rescue Incident Reports" means those Incident Reports that do not record Emergency Medical Services. (f) "National Fire Rescue Incident Reports" means a guide of how property use codes and other related information are categorized. (g) "Recreational Vehicle Park" means (1) a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and (2) licensed by the Department of Health of the State of Florida, or its successor in function as a "recreational vehicle park" under Chapter 513, Florida Statutes, as amended from time-to-time. Section 3. Provision and Funding of Fire Rescue Services. That upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by available City revenues other than Fire Rescue Assessment proceeds. It is ascertained, determined, and declared by this Resolution that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner as set forth in this Preliminary Rate Resolution. 4 RESOLUTION#2007-133 Section 4. Imposition and Computation of Fire Rescue Assessments. That Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. Section 5. Legislative Determinations of Special Benefit and Fair Apportionment. That it is ascertained and declared that the Fire Rescue Assessed Cost provides a special benefit to the Assessed Property based upon the following legislative determinations: General (A) Upon the adoption of this Preliminary Rate Resolution, determining the Fire Rescue Assessed Costs and identifying the Assessed Property to be included in the Assessment Roll, the legislative determinations of special benefit ascertained and declared in Section 1.04 of the Ordinance are ratified and confirmed,to the extent authorized by law. (B) It is fair and reasonable to use the National Fire Rescue Incident Report Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Call Volumes are recorded according to the Property Use Code as defined in the National Fire Rescue Incident Report (Appendix E). Utilizing them is the most comprehensive, accurate, and reliable information readily available to determine the property use and Building Area for improved property within the City, and (2) the Tax Roll database within such property use codes is maintained by the Property Appraiser and is consistent with parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Method of Collection. (C) The data available in the Improvement Codes is useful and accurate to determine Building Area because the Improvement Codes represent records maintained by the Property Appraiser with the most information relative to Building Area regardless of property use. 5 RESOLUTION#2007-133 Cost Apportionment (A) It is fair and reasonable and consistent with the decision from the Fourth District Court of Appeal in the case of SMM Properties, Inc. v. City of North Lauderdale, Florida 760 So. 2d 998 (Fla. 4"' DCA 2000), review granted, SC 00-1555 (Fla. Sup. Ct.), to exclude from the Fire Rescue Assessed Cost amounts determined to constitute the Emergency Medical Services Cost. (B) Apportioning the Fire Rescue Assessed Cost among classifications of improved property based upon historical demand for fire rescue services, but not Emergency Medical Services, is fair and reasonable and proportional to the special benefit received. (C) The Fire Rescue Incident Reports are the most reliable data available to determine the potential demand for fire rescue services from property use and to determine the benefit to property use resulting from the availability of fire rescue services to protect and serve Buildings located within Assessed Property and their intended occupants. There exist sufficient Fire Rescue Incident Reports documenting the historical demand for fire rescue services from Assessed Property within the Property Use Categories. The Demand Percentage determined for each Property Use Category by an examination of such Fire Rescue Incident Reports is consistent with the experience of the City. Therefore, the use of Demand Percentages determined by an examination of Fire Rescue Incident Reports is a fair and reasonable method to apportion the Fire Rescue Assessed Costs among the Property Use Categories. (D) The level of services required to meet anticipated demand for fire rescue services and the corresponding annual fire rescue budget required to fund fire rescue services provided to non-specific property uses would be required notwithstanding the occurrence of any incidents from such non-specific property uses. Therefore, it is fair and reasonable to omit from the Demand Percentage calculation the Fire Rescue Incident Reports documenting fire rescue services provided to non-specific property uses. 6 RESOLUTION #2007-133 Residential Parcel Apportionment (A) The size or the value of the Residential Property does not determine the scope of the required fire rescue response. The potential demand for fire rescue services is driven by the existence of a Dwelling Unit and the anticipated average occupant population. (B) Apportioning the Fire Rescue Assessed Costs for fire rescue services attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost inefficiency and unnecessary administration and is a fair and reasonable method of Parcel Apportionment based upon historical call data, an average of immediate past three calendar years. Non-Residential Parcel Apportionment (A) The risk of loss and the demand for fire rescue service availability is substantially the same for Buildings below a certain minimum size. Because the value and anticipated occupancy of non-residential Buildings below a certain minimum size is less, it is fair, reasonable and equitable to provide a lesser assessment burden on improved property containing such Buildings by the creation of specific Building Area classification ranges for such parcels. (B) The separation of improved Non-Residential Property into Building Area classification ranges is fair and reasonable for the purposes of Parcel Apportionment because: (1) the absence of a need for precise square footage data within the ad valorem tax records maintained by the Property Appraiser undermines the use of actual Building Area within each improved parcel as a basis for Parcel Apportionment; (2) the administrative expense and complexity created by an on-site inspection to determine the actual Building Area within each improved parcel assessed is impractical; (3) the demand for fire rescue service availability is not precisely determined or measured by the actual Building Area within benefited parcels; and (4) the classification of parcels within Building Area classification ranges is a fair and reasonable method to classify benefited parcels and to apportion costs among benefited parcels that create similar demand for the availability of fire rescue services. (C) The demand for the availability of fire rescue services diminishes at the outer limit of Building size because a fire occurring in a structure greater than a certain size is not 7 RESOLUTION 42007-133 capable of being suppressed under expected conditions and the fire control activities under such circumstances are directed to avoid the spread of the fire event to adjacent Buildings. Therefore, it is fair and reasonable to place a cap on the Building Area classification of benefited parcels within Non-Residential Property. (D) Assembly Property, the use of which is exempt from ad valorem taxation under Florida law, provides facilities and uses to the ownership, occupants and membership as well as the public in general that otherwise might be requested or required to be provided by the City and such property uses serve a legitimate public purpose and provide a public benefit. Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such parcels of Assembly Property the use of which is wholly exempt from ad valorem taxation under Florida law. Accordingly, no Fire Rescue Assessment shall be imposed upon a parcel of Assembly Property which use is wholly exempt from ad valorem taxation under Florida law. (E) It is fair and reasonable to assess "Hotels" and "Motels" under a separate category. According to the NIFR Code, Hotels and Motels are classified as residential. Since the category of Hotels and Motels provide more common area than other uses, it is fair to assess this category based on square footage and its percentage demand use. (F) It is fair and reasonable to assess "vacant property" by using acreage as there were no structures existing on the properties. (G) In accordance with Chapter 2002-241, Laws of Florida, which mandates that the City treat Recreational Vehicle Park property as Commercial Property for non-ad valorem special assessments levied by the City (such as this proposed Assessment), it is fair and reasonable to treat each space within the Recreational Vehicle Parks as a Building of Commercial Property and assign the minimum square footage of 1,200 square feet that is mandated by the Department of Health under Chapter 64E-15.002(3), Florida Administrative Code for Recreational Vehicle Park spaces and a square footage of 500 square feet for tent spaces inside Recreational Vehicle Parks, also as mandated by Chapter 64E-15.002(3), Florida Administrative Code. 8 RESOLUTION#2007-133 Section 6. Cost Apportionment Methodology. That utilizing data from the Fire Rescue Incident Reports related to the type of calls and physical location of each call, the City assigned fire rescue incidents within the City, to Property Use Categories. Based upon such assignment of Fire Rescue Incident Reports to Property Use Categories, the number of Fire Rescue Incident Reports filed within a sampling period were determined for each Property Use Category. A Demand Percentage was then determined for each Property Use Category by calculating the percentage that Fire Rescue Incident Reports allocated to each Property Use Category bear to the total number of Fire Rescue Incident Reports documented for all Property Use Categories within the sampling period. The Demand Percentage for each Property Use Category was then applied to the Fire Rescue Assessed Costs and the resulting product is the cost allocation of that portion of the Fire Rescue Assessed Costs allocated to each individual Property Use Category. Section 7. Parcel Apportionment Methodology. That the apportionment among Tax Parcels of that portion of the Fire Rescue Assessed Cost apportioned to each Property Use Category under the Cost Apportionment shall be consistent with the Parcel Apportionment methodology described and determined in Appendix B, which Parcel Apportionment methodology is approved, adopted, and incorporated into this Preliminary Rate Resolution by reference. It is acknowledged that the Parcel Apportionment methodology described and determined in Appendix B is to be applied in the calculation of the estimated Fire Rescue Assessment rates established in Section 8 of this Preliminary Rate Resolution. Section S. Determination of Fire Rescue Assessed Costs; Establishment of Annual Fire Rescue Assessment Rates. That the Fire Rescue Assessed Cost to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2007, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached as Appendix C. The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption of this Preliminary Rate 9 RESOLUTION#2007-133 Resolution determines the amount of the Fire Rescue Assessed Cost. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from available City revenue other than Fire Rescue Assessment proceeds. The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are established by this Resolution to fund the specified Fire Rescue Assessed Cost determined to be assessed in the Fiscal Year commencing October 1, 2007. No portion of such Fire Rescue Assessed Cost is attributable to impact fee revenue that funds capital improvements necessitated by new growth or development. Further, no portion of such Fire Rescue Assessed Cost is attributable to the Emergency Medical Services Cost. The estimated Fire Rescue Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2007 as provided in Section 9 of this Preliminary Rate Resolution. Section 9. Annual Assessment Roll. That the City Manager is directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2007, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 2007 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. 10 RESOLUTION#2007-133 It is ascertained, determined, and declared by this Resolution that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. Section 10. Authorization of Public Hearing. That there is established a public hearing to be held at 7:00 p.m. on September 12, 2007, in the City Commission Chamber of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1, 2007 and collecting such assessments on the same bill as ad valorem taxes. Section 11. Notice of Publication. That the City Clerk shall publish a notice of the public hearing authorized by Section 10 of this Preliminary Rate Resolution in the manner and time provided in Section 2.04 of the Ordinance. The notice shall be published no later than August 22, 2007, in substantially the form attached as Appendix D. Section 12. Notice by Mail. That the Director of Finance shall provide information on the public hearing and the "not to exceed" rate to the Broward County Property Appraiser's Office to be included in the TRIM (Truth in Millage) Notice to serve as first class notice as required by the Ordinance no later than August 3, 2007. Section 13. Application of Assessment Proceeds. That proceeds derived by the City from the Fire Rescue Assessments will be utilized for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. 11 RESOLUTION #2007-133 Section 14. Conflict. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 15. Severability. That if any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution. Section 16. Effective Date. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 12 RESOLUTION #2007-133 APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES Situation Found Description 10 Fire, Explosion; insufficient information to further classify 11 Structure Fire 12 Outside of Structure Fire 13 Vehicle Fire 14 Trees, brush, grass fire 15 Refuse fire 16 Explosion, no after-fire 17 Outside spill, leak with ensuing fire 19 Fire, Explosion not classified above 20 Overpressure Rupture; insufficient information to further classify 21 Steam rupture 22 Air, gas rupture 29 Other Overpressure Rupture 30 Rescue call; insuff info 31 Inhalator call 32 Emergency medical call 33 Lock-in 34 Search 35 Extrication 37 Water rescue 39 Rescue call - not classified above 40 Hazardous Condition, standby; insufficient information to further classify 41 Spill, leak with no ignition 42 Explosive, bomb removal 43 Excessive heat 44 Power line down 45 Arcing, shorted electrical equipment 46 Aircraft standby 47 Chemical emergency 49 Hazardous Condition, Standby; not class 50 Service Call; insufficient information to further classify 51 Lock-out 52 Water evacuation 13 RESOLUTION #2007-133 Situation Found Description 53 Smoke, odor removal 54 Animal rescue 55 Assist police 56 Unauthorized burning 57 Cover assignment, standby at fire station, move-up 59 Service Call; not class above 60 Good Intent Call 61 Smoke scare 62 Wrong location 63 Controlled burning 64 Vicinity alarm 65 Steam, other gas mistaken for smoke 69 Good Intent Call not classified 70 False call; insufficient information to further classify 71 Malicious, mischievous false call 72 Bomb scare, no bomb 73 System malfunction 74 Unintentional 79 False call not classified above 99 Unclassified situation 14 RESOLUTION#2007-133 APPENDIX B PARCEL APPORTIONMENT METHODOLOGY The Cost Apportionment to each Property Use Category and to Mixed Use Property shall be apportioned among the Tax Parcels within each Property Use Category and to Mixed Use Property Tax Parcels as follows: Section B-1. Residential Property. The Fire Rescue Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Demand Percentage attributable to Residential Property by the Fire Rescue Assessed Cost, dividing such product by the total number of Dwelling Units shown on the Tax Roll within the City, and then multiplying such quotient by the number of Dwelling Units located on such Tax Parcel. Section B-2. Non-Residential Property. The Fire Rescue Assessments for each Building of Non-Residential Property (except Recreational Vehicle Park property) shall be computed as follows: (A) Respectively, multiply the Fire Rescue Assessed Costs by the Demand Percentage attributable to each of the non-residential Property Use Categories. With the exception of Recreational Vehicle Park property, the resulting dollar amounts reflect the portions of the City's fire rescue budget to be respectively funded from Fire Rescue Assessment revenue derived from each of the non-residential Property Use Categories. (B) Separate each Building in each of the non-residential Property Use Categories into one of the following square footage categories: (1) Buildings with a Building Area of less than 1,999 square feet; (2) Buildings with a Building Area between 2,000 square feet and 3,499 square feet; (3) Buildings with a Building Area between 3,500 square feet and 4,999 square feet; (4) Buildings with a Building Area between 5,000 square feet and 9,999 square feet; 15 RESOLUTION #2007.133 (5) Buildings with a Building Area between 10,000 square feet and 19,999 square feet; (6) Buildings with a Building Area between 20,000 square feet and 29,999 square feet; (7) Buildings with a Building Area between 30,000 square feet and 39,999 square feet; (8) Buildings with a Building Area between 40,000 square feet and 49,999 square feet; and (9) Buildings with a Building Area of 50,000 square feet or greater. (C) As to each non-residential Property Use Category (except Recreational Vehicle Park property) multiply the number of Buildings categorized in: (1) Subsection(B)(1) of this Section by 1,000 square feet; (2) Subsection (B)(2) of this Section by 2,000 square feet; (3) Subsection(B)(3) of this Section by 3,500 square feet; (4) Subsection(B)(4) of this Section by 5,000 square feet; (5) Subsection (B)(5) of this Section by 10,000 square feet; (6) Subsection(B)(6) of this Section by 20,000 square feet; (7) Subsection (B)(7) of this Section by 30,000 square feet; (8) Subsection (B)(8) of this Section by 40,000 square feet; and (9) Subsection(B)(9) of this Section by 50,000 square feet. (D) For each non-residential Property Use Category, add the products of subsections (C)(1) through (C)(9) of this Section. With the exception of Recreational Vehicle Park property, the sum of these products reflects an aggregate square footage area for each non-residential Property Use Category to be used by the City in the computation of Fire Rescue Assessments. (E) With the exception of Recreational Vehicle Park property, divide the product of subsection (A) of this Section relative to each of the non-residential Property Use Categories by the sum of the products for each non-residential Property Use Category described in subsection 16 RESOLUTION#2007-133 (D) of this Section. The resulting quotient expresses a dollar amount adjusted or weighted per square foot of improved area to be used in computing Fire Rescue Assessments on each of the respective non-residential Property Use Categories (except Recreational Vehicle Park property). (F) For each of the non-residential Property Use Categories (except Recreational Vehicle Park property), multiply the resulting quotients from subsection (A) of this Section by each of the respective products in subsections (C)(1) through (C)(9) of this Section. The resulting products for each non-residential Property Use Category (except Recreational Vehicle Park property), expresses a series of gross dollar amounts expected to be funded by all Buildings in the respective non-residential Property Use Categories in each of the square footage categories described in subsection (B) of this Section. (G) For each of the non-residential Property Use Categories (except Recreational Vehicle Park property), divide each of the respective products of subsection (F) of this Section by the number of Buildings determined to be in each of the square footage categories identified in subsection (B) of this Section. Except for Recreational Vehicle Park property, the result expresses the respective dollar amounts of the Fire Rescue Assessments to be imposed upon each Building in each of the non-residential Property Use Categories. Section B-3. Recreational Vehicle Parks. Notwithstanding the procedure in Section B-2 for Non-Residential Property, the Fire Rescue Assessments for each Tax Parcel of Recreational Vehicle Park property shall be computed as follows: (A) Aggregate the amount of square footage for each Tax Parcel of Recreational Vehicle Park, with recreational vehicle park spaces at 1,200 square feet each and tent spaces at 500 square feet each. (B) Assign the respective dollar amount of the Fire Rescue Assessments determined in Section B-3 of this Appendix for Commercial Property to the comparable aggregated square footage category ranges of Recreational Vehicle Park property as calculated in paragraph (A) above. Any aggregated square footage Tax Parcel of Recreational Vehicle Park property that 17 RESOLUTION #2007-133 exceeds 50,000 square feet shall be assigned the commercial dollar amount for 50,000 square feet. Section B-4. Mixed Use Property. The Fire Rescue Assessments for each Tax Parcel classified in two or more Property Use Categories shall be the sum of the Fire Rescue Assessments computed for each Property Use Category. Section B-5 Vacant Property. The Fire Rescue Assessment for each Tax Parcel of Vacant Property shall be computed by multiplying the Demand Percentage attributable to Vacant Property by the Fire Rescue Assessed Cost, dividing such product by the number of acreage shown as vacant property on the Tax Roll within the City. 18 RESOLUTION#2007-133 APPENDIX C ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE Section C-1. Determination Of The Fire Rescue Assessed Cost. The estimated Fire Rescue Assessed Cost to be assessed for the Fiscal Year commencing October 1, 2007, is $2,439,825 Section C-2. Estimated Fire Rescue Assessments. The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2007, are hereby established as follows for the purpose of this Preliminary Rate Resolution: RESIDENTIAL Rate Per Dwelling Unit PROPERTY USE CATEGORIES Residential $91.57 NON- Vacant Per RESIDENTIAL Acreage $47 PROPERTY USE Building CATEGORIES classification (in square Industrial/ Hotel/ footage range) Commercial Assembly Warehouse Educational Motels Medical < 1,999 $240 $445 $40 $143 $240 1,334 2,000-3,499 $479 $890 $81 $285 $481 $2,668 3,500-4,999 $839 $1,558 $141 $500 $841 $4,670 5,000-9,999 $1,199 $2,226 $202 $714 $1,202 $6,671 10,000- 19,999 $2,397 $4,451 $404 $1,427 $2,404 $13,342 20,000-29,999 $4,794 $8,902 $808 $2,855 $4,807 $26,683 30,000-39,999 $7,192 $13,353 $1,213 $4,282 $7,211 $40,025 40,000-49,999 $9,589 $17,804 $1,617 $5,709 $9,615 $53,366 >50,000 $11,986 $22,255 $2,021 $7,137 $12,018 $66,708 19 RESOLUTION#2007-133 APPENDIX D FORM OF NOTICE TO BE PUBLISHED To Be Published by August 21, 2007 INSERT MAP OF CITY SHOWING CITY AND ANNEXED AREA. MAP NEEDS TO REFLECT THAT FIRE RESCUE ASSESSMENTS AND STORMWATER ASSESSMENTS ARE BEING IMPOSED ON PROPERTY CITY-WIDE, WHILE SOLID WASTE SPECIAL ASSESSMENTS ARE BEING IMPOSED ONLY ON RESIDENTIAL PROPERTY WITHIN THE SOLID WASTE ASSESSMENT AREA. NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS, STORMWATER ASSESSMENTS, AND SOLID WASTE SERVICE SPECIAL ASSESSMENTS FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposing fire rescue assessments for the provision of fire rescue services within the City of Dania Beach for the Fiscal Year beginning October 1, 2007. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. 20 RESOLUTION 92007-133 RESIDENTIAL Rate Per Dwelling Unit PROPERTY USE CATEGORIES Residential $91.57 NON- Vacant Per RESIDENTIAL Acreage $47 PROPERTY USE Building CATEGORIES classification (in square Industrial/ Hotel/ footage range) Commercial Assembly Warehouse Educational Motels Medical < 1,999 $240 $445 $40 $143 $240 1,334 2,000-3,499 $479 $890 $81 $285 $481 $2,668 3,500-4,999 $839 $1,558 $141 $500 $841 $4,670 5,000-9,999 $1,199 $2,226 $202 $714 $1,202 $6,671 10,000- 19,999 $2,397 $4,451 $404 $1,427 $2,404 $13,342 20,000-29,999 $4,794 $8,902 $808 $2,855 $4,807 $26,683 30,000-39,999 $7,192 $13,353 $1,213 $4,282 $7,211 $40,025 40,000-49,999 $9,589 $17,804 $1,617 $5,709 $9,615 $53,366 > 50,000 $11,986 $22,255 $2,021 $7,137 $12,018 $66,708 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment Resolution (Resolution No. 63-96), Resolution No. 110-97, the Final Assessment Resolution (Resolution No. 72-96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City's Department of Finance at (954)924- 3672, Monday through Friday between 9:00 a.m. and 4:00 p.m. STORMWATER SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposition of stormwater assessments for the provision of 21 RESOLUTION#2007-133 stormwater management services within the City of Dania Beach for the Fiscal Year beginning October 1, 2007. The stormwater assessments are based on two components —the impervious area of the property and the percentage of impervious area as compared to the median single family home. Both variables are required to determine the appropriate amount of stormwater runoff generated by impervious surface on each parcel of property. Impervious surfaces include the roof top, patios, driveways, parking lots and similar areas. The City has determined that the median single-family residence in the City includes 1,720 square feet of impervious surface on a median lot size of 6,500 square feet, which is defined as one "equivalent residential unit" or "ERU" and has an impervious factor of 0.26. The annual stormwater assessment rate for the upcoming fiscal year will be $23.00 for each ERU. Since verifying the impervious surface for each single-family residence in the City is a practical impossibility, all single-family residences have been assigned one ERU. Mobile homes on owner occupied lots in trailer parks have been assigned one-half ERU. All other properties have been calculated individually as follows: • For condominiums, the total impervious area (TIA) is calculated for the condominium community, including parking and association property. The total area (TA) encompassed by the development is determined as follows: ((TIA/1720) x (TIA/(0.26 x TA))/number of units in complex. • While vacant property has no impervious area, it may still contribute to the City's stormwater system, so the assessment is based on the total area (TA). As a result, vacant property assessments are calculated without the operating component as follows: 0.2 x TA/6500. • For mobile home parks, the typical mobile home, drive, pad and ancillary activities constitute 1300 square feet. Therefore the total impervious area (TIA) for mobile home parks was determined by multiplying the number of potential mobile homes by 1300. The formula is: (1300 x No of MHs/1720) x (TIA/(0.26 x TA) • For all other property uses the total impervious area (TIA) is calculated for the property, including parking. The total area (TA) encompassed by the development is also calculated. The assessment is determined as follows: (TIA/1720) x (TIA/(0.26 x TA) A new credit system has been developed for those properties that retain stormwater on site. The policy grants an eighty (80) percent credit to those properties. Properties that cannot benefit in anyway from the City's stormwater program are granted 100 percent credits. 22 RESOLUTION#2007-133 Copies of the Stormwater Utility Ordinance (Ordinance No. 13-96), the Initial Stormwater Assessment Resolution (Resolution No. 73-96), the Final Stormwater Assessment Resolution (Resolution No. 73-96, as amended by Resolution No. 103-96 and Resolution 116- 96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Stormwater Assessments, the proposed amendments to the Stormwater Ordinance and the updated Stormwater Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City's Department of Finance at (954)924-3672 between 9:00 a.m. and 4:00 p.m. SOLID WASTE SERVICE ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposing solid waste service assessments for the Fiscal Year beginning October 1, 2007, against certain improved residential properties located within those incorporated areas of the City of Dania Beach annexed pursuant to Chapter 90-483, Laws of Florida, and Chapter 2000-474, Laws of Florida (referred to as the "Solid Waste Assessment Area"), or any other incorporated area served by water and sewer service providers other than the City, to fund the cost of solid waste collection and disposal services and programs provided to such properties and to authorize collection of such assessments on the tax bill. The solid waste service assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $241.92. Unimproved properties, mobile home parks, apartments with four or more dwelling units, condominiums, or commercial properties are not subject to the solid waste service assessment. Copies of the Solid Waste Service Assessment Ordinance (Ordinance No. 9-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Solid Waste Service Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City's Department of Finance at (954)924-3672, Monday through Friday between 9:00 a.m. and 4:00 p.m. The above special assessments will be collected on the ad valorem tax bill to be mailed in November 2007, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title (ownership) of one's real property. These special assessment programs proved to be 23 RESOLUTION#2007-133 successful last year in fairly and efficiently providing a much needed alternative funding and collection approach for these vital and essential services. A PUBLIC HEARING WILL BE HELD AT 7:00 P.M. ON SEPTEMBER 12, 2007, IN THE CITY COMMISSION CHAMBER OF CITY HALL, 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON ALL OF THE PROPOSED ASSESSMENTS. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at(954)924-3622, at least two days prior to the date of the hearing. CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA 24 RESOLUTION#2007-133 APPENDIX E NATIONAL FIRE RESCUE INCIDENT REPORTS PROPERTY USE CODES Assembly 111 Bowling alley 210 Schools,non-adult,other 112 Billiard center,pool hall 241 Adult education center,college classroom 113 Electronic amusement center 254 Day care, in commercial property 114 Ice rink: indoor,outdoor 255 Day care; in residence, licensed 115 Roller rink: indoor,outdoor 256 Day care in residence,unlicensed 116 Swimming facility: indoor or outdoor 200 Educational,other 110 Fixed use recreation places,other 121 Ballroom,gymnasium Health Care,Detention&Correction 122 Convention center,exhibition hall 311 24-hr. care Nursing homes,4 or more 123 Stadium arena persons 124 Playground 321 Mental retardation/development 129 Amusement center: indoor/outdoor disability facility 120 Variable use amusement,recreation places 322 Alcohol or substance abuse recovery 131 Church, mosque, synagogue,temple, chapel center 134 Funeral parlor 323 Asylum,mental institution 130 Places of worship,funeral parlors 331 Hospital-medical or psychiatric 141 Athletic/health club 332 Hospices 142 Clubhouse 341 Clinic, clinic-type infirmary 143 Yacht Club 342 Doctor,dentist or oral surgeon's office 144 Casino,gambling clubs 343 Hemodialysis unit 140 Clubs,other 340 Clinics, Doctors,offices,other 151 Library 361 Jail,prison(not juvenile) 152 Museum 363 Reformatory,juvenile detention center 154 Memorial structure, including monuments 365 Police Station 155 Courthouse 300 Health care,detention&correction other 150 Public or government, other 161 Restaurant or cafeteria Residential 162 Bar or nightclub 419 1 or 2 family dwelling 160 Eating,drinking places 429 Multifamily dwellings 171 Airport passenger terminal 439 Boarding/rooming house,residential hotel 173 Bus station 449 Hotel/motel,commercial 174 Rapid transit station 459 Residential board and care 170 Passenger terminal,other 462 Sorority house, fraternity house 181 Live performance theatre 464 Barracks,dormitory 182 Auditorium or concert hall 460 Dormitory type residence,other 183 Movie theatre 400 Residential,other 185 Radio,television studio 186 Film/movie production studio Mercantile,Business 180 Studio/theatre, other 511 Convenience store 100 Assembly,Other 519 Food&beverage sales, grocery store 529 Textile, wearing apparel sales Educational 539 Household goods, sales,repairs 25 RESOLUTION #2007-133 211 Preschool 549 Specialty shop 213 Elementary school, including kindergarten 557 Personal service, including barber 215 High school/junior high school/middle school 559 Recreational,hobby,home repair sales 564 Laundry,dry cleaning 881 Parking garage(detached residential) 569 Professional supplies, services 882 Parking garage,general vehicle 571 Services station,gas station 888 Fire station 579 Motor vehicle or boat sales, services,repair 891 Warehouse 580 General retail,other 899 Residential or self storage units 581 Department or discount store 898 Dock,marina,pier,wharf 592 Bank 800 Storage,other 593 Office: veterinary or research 596 Post office or mailing firms Outside or Special Property 599 Business Office 919 Dump, sanitary landfill 500 Mercantile,business, other 921 Bridge,trestle 922 Tunnel Industrial,Utility,Defense,Agriculture, 926 Outbuilding,protective shelter 610 Energy production,plant, other 931 Open land or field 614 Steam or heat generating plant 935 Campsite with utilities 615 Electric generating plant 936 Vacant lot 629 Laboratory or science laboratory 937 Beach 631 Defense,military installation 938 Graded and cared-for plots of land 635 Computer center 941 Open ocean,sea or tidal waters 639 Communications center 946 Lake, river,stream 640 Utility or Distribution system, other 940 Water area,other 642 Electrical distribution 951 Railroad right of way 644 Gas distribution,pipeline,gas distribution 952 Railroad yard 645 Flammable liquid distribution, pipeline, 961 Highway or divided highway 647 Water utility 962 Residential street,road or driveway 648 Sanitation utility 963 street or road in commercial area 655 Crops or orchard 965 Vehicle parking area 659 Livestock production 960 Street, other 669 Forest,timberland,woodland 972 Aircraft runway 679 Mine or quarry 973 Aircraft taxi-way 600 Utility, defense,agriculture, mining, other 974 Aircraft loading area 981 Construction site Manufacturing, processing 982 Oil or gas field 700 Manufacturing,processing 983 Pipeline,power line or other utility right of way Storage 984 Industrial plant yard-area 807 Outside material storage area 900 Outside or special property, other 808 Outbuilding or shed 816 Grain elevator,silo 000 Property Use, other 819 Livestock,poultry storage NNN No Property Use 839 Refrigerated storage UUU Property Use Undetermined 849 Outside storage tank 880 Vehicle storage, other 26 RESOLUTION#2007-133 �/% 3 RESOLUTION NO. 2007-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, enacted Ordinance No. 9-96 (the "Ordinance"), which authorizes the reimposition of annual Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs against certain Assessed Property within the City; and WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities or programs less than citywide has proven to be an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property located in those incorporated areas of the City annexed pursuant to Chapter 90-483, Laws of Florida (the "Griffin Road Annexation Area") and annexed pursuant to Chapter 2000-474, Laws of Florida(collectively referred to as the "Solid Waste Assessment Area"); and WHEREAS, the City Commission desires to reimpose an annual Solid Waste collection and disposal assessment program within the Solid Waste Assessment Area, or any other incorporated area served by water and sewer service providers other than the City, using the tax bill collection method for the Fiscal Year beginning on October 1, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Authority. That this resolution is adopted pursuant to the provisions of the Solid Waste Service Assessment Ordinance (Ordinance No. 09-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. Purpose and Definitions.That this resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2007. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. Section 3. Provision and Funding of Solid Waste Services. That upon the imposition of Solid Waste Service Assessments for Solid Waste collection and disposal against Assessed Property located within the Solid Waste Assessment Area or any other incorporated area served by water and sewer service providers other than the City, the City shall provide Solid Waste collection and disposal services to such Assessed Property. It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the Solid Waste Assessment Area or any other incorporated area served by water and sewer service providers other than the City will be benefited by the City's provision of Solid Waste collection and disposal services in an amount not less than the Solid Waste Service Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. Section 4. Legislative Determinations of Special Benefit and Fair Appointment. That the legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. 2 RESOLUTION#2007-134 Section 5. Establishment of Annual Solid Waste Service Assessment Rate. That for the Fiscal Year beginning October 1, 2007, for which Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities and programs are to be reimposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcel's classification as Residential Property and the number of Dwelling Units for such parcels. Those parcels assigned a DOR Code of 01 and 08 by the Property Appraiser on the Tax Roll that contain four Dwelling Units or less shall be classified as Assessed Property. A rate of assessment not to exceed $241.92 for each dwelling unit is hereby established. The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year beginning October 1, 2007 in the manner provided in the Ordinance. Such updated Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the Solid Waste Assessment Area or any other incorporated area served by water and sewer service providers other than the City conforming to the description contained on the Tax Roll, (2) the name and address of the owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Solid Waste Service Assessment for Solid Waste collection and disposal services. Copies of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the updated Assessment Roll are maintained on file in the office of the City Clerk and are open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. The Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. 3 RESOLUTION#2007-134 It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Solid Waste collection and disposal services is a fair and reasonable method of apportioning the Solid Waste Cost therefore among parcels of Assessed Property. Section 6. Authorization of Public Hearing. That there is hereby established a public hearing to be held at 7:00 p.m. on September 12, 2007, in City Commission Chamber of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, at which time the City Commission will receive and consider any comments on the Solid Waste Service Assessments from the public and affected property owners and consider reimposing Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2007 and collecting such assessments on the same bill as ad valorem taxes. Section 7. Notice of Publication. That the City Clerk shall publish a notice of the public hearing authorized by Section 6 of this Preliminary Rate Resolution in the manner and time provided in Sections 2.04 and 2.08 of the Ordinance. The notice shall be published no later than August 21, 2007, in substantially the form attached hereto as Appendix A. Section 8. Notice by Mail. That the Director of Finance shall provide information on the public hearing and the "not to exceed" rate to the Broward County Property Appraiser's Office to be included in the TRIM (Truth in Millage) Notice which will serve as first class notice as required by the Ordinance. Section 9. Severability. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution. 4 RESOLUTION#2007-134 Section 10. Conflict. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 11. Effective Date. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 5 RESOLUTION#2007-134 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published by August 21, 2007 INSERT MAP OF CITY SHOWING CITY AND ANNEXED AREA. MAP NEEDS TO REFLECT THAT FIRE RESCUE ASSESSMENTS AND STORMWATER ASSESSMENTS ARE BEING IMPOSED ON PROPERTY CITY-WIDE, WHILE SOLID WASTE SPECIAL ASSESSMENTS ARE BEING IMPOSED ONLY ON RESIDENTIAL PROPERTY WITHIN THE SOLID WASTE ASSESSMENT AREA. NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS, STORMWATER ASSESSMENTS, AND SOLID WASTE SERVICE SPECIAL ASSESSMENTS FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposing fire rescue assessments for the provision of fire rescue services within the City of Dania Beach for the Fiscal Year beginning October 1, 2007. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. RESOLUTION #2007-134 RESIDENTIAL Rate Per Dwelling Unit PROPERTY USE CATEGORIES Residential $91.57 NON- Vacant Per $47 RESIDENTIAL Acreage PROPERTY USE Building CATEGORIES classification (in square Industrial/ Hotel/ footage range) Commercial Assembly Warehouse Educational Motels Medical < 1,999 $240 $445 $40 $143 $240 1,334 2,000-3,499 $479 $890 $81 $285 $481 $2,668 3,500-4,999 $839 $1,558 $141 $500 $841 $4,670 5,000-9,999 $1,199 $2,226 $202 $714 $1,202 $6,671 10,000- 19,999 $2,397 $4,451 $404 $1,427 $2,404 $13,342 20,000-29,999 $4,794 $8,902 $808 $2,855 $4,807 $26,683 30,000-39,999 $7,192 $13,353 $1,213 $4,282 $7,211 $40,025 40,000-49,999 $9,589 $17,804 $1,617 $5,709 $9,615 $53,366 >50,000 $11,986 $22,255 $2,021 $7,137 $12,018 $66,708 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment Resolution (Resolution No. 63-96), Resolution No. 110-97, the Final Assessment Resolution (Resolution No. 72-96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City's Department of Finance at (954)924- 3672, Monday through Friday between 9:00 a.m. and 4:00 p.m. STORMWATER SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposition of stormwater assessments for the provision of 7 RESOLUTION#2007-134 stormwater management services within the City of Dania Beach for the Fiscal Year beginning October 1, 2007. The stormwater assessments are based on two components — the impervious area of the property and the percentage of impervious area as compared to the median single family home. Both variables are required to determine the appropriate amount of stormwater runoff generated by impervious surface on each parcel of property. Impervious surfaces include the roof top, patios, driveways, parking lots and similar areas. The City has determined that the median single-family residence in the City includes 1,720 square feet of impervious surface on a median lot size of 6,500 square feet, which is defined as one "equivalent residential unit" or "ERU" and has an impervious factor of 0.26. The annual stormwater assessment rate for the upcoming fiscal year will be $23.00 for each ERU. Since verifying the impervious surface for each single-family residence in the City is a practical impossibility, all single-family residences have been assigned one ERU. Mobile homes on owner occupied lots in trailer parks have been assigned one-half ERU. All other properties have been calculated individually as follows: • For condominiums, the total impervious area (TIA) is calculated for the condominium community, including parking and association property. The total area (TA) encompassed by the development is determined as follows: ((TIA/1720) x (TIA/(0.26 x TA))/number of units in complex. • While vacant property has no impervious area, it may still contribute to the City's stormwater system, so the assessment is based on the total area (TA). As a result, vacant property assessments are calculated without the operating component as follows: 0.2 x TA/6500. • For mobile home parks, the typical mobile home, drive, pad and ancillary activities constitute 1300 square feet. Therefore the total impervious area (TIA) for mobile home parks was determined by multiplying the number of potential mobile homes by 1300. The formula is: (1300 x No of MHs/1720) x (TIA/(0.26 x TA) • For all other property uses the total impervious area (TIA) is calculated for the property, including parking. The total area (TA) encompassed by the development is also calculated. The assessment is determined as follows: (TIA/1720) x (TIA/(0.26 x TA) A new credit system has been developed for those properties that retain stormwater on site. The policy grants an eighty (80) percent credit to those properties. Properties that cannot benefit in anyway from the City's stormwater program are granted 100 percent credits. 8 RESOLUTION 42007-134 Copies of the Stormwater Utility Ordinance (Ordinance No. 13-96), the Initial Stormwater Assessment Resolution (Resolution No. 73-96), the Final Stormwater Assessment Resolution (Resolution No. 73-96, as amended by Resolution No. 103-96 and Resolution 116- 96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Stormwater Assessments, the proposed amendments to the Stormwater Ordinance and the updated Stormwater Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City's Department of Finance at (954)924-3672 between 9:00 a.m. and 4:00 p.m. SOLID WASTE SERVICE ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposing solid waste service assessments for the Fiscal Year beginning October 1, 2007, against certain improved residential properties located within those incorporated areas of the City of Dania Beach annexed pursuant to Chapter 90-483, Laws of Florida, and Chapter 2000-474, Laws of Florida (referred to as the "Solid Waste Assessment Area"), or any other incorporated area served by water and sewer service providers other than the City, to fund the cost of solid waste collection and disposal services and programs provided to such properties and to authorize collection of such assessments on the tax bill. The solid waste service assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $241.92. Unimproved properties, mobile home parks, apartments with four or more dwelling units, condominiums, or commercial properties are not subject to the solid waste service assessment. Copies of the Solid Waste Service Assessment Ordinance (Ordinance No. 9-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Solid Waste Service Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City's Department of Finance at (954)924-3672, Monday through Friday between 9:00 a.m. and 4:00 p.m. The above special assessments will be collected on the ad valorem tax bill to be mailed in November 2007, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title (ownership) of one's real property. These special assessment programs proved to be 9 RESOLUTION #2007-134 successful last year in fairly and efficiently providing a much needed alternative funding and collection approach for these vital and essential services. A PUBLIC HEARING WILL BE HELD AT 7:00 P.M. ON SEPTEMBER 12, 2007, IN THE CITY COMMISSION CHAMBER OF CITY HALL, 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON ALL OF THE PROPOSED ASSESSMENTS. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (954)924-3622, at least two days prior to the date of the hearing. CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA 10 RESOLUTION 42007-134