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Home My WebLink About2007-09-11 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 11, 2007 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE 4 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING, B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING, 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other 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. Dania Beach City Commission Agenda—September 11, 2007 Page 2 of 6 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the August 28, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-158 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADJUSTING THE FUNDING SOURCE FOR THE TREE REMOVAL SERVICES AT THE BUILDING SITE FOR THE FIRE STATION NUMBER 93 TO BE PERFORMED BY ELAN LAWN AND LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 APPROVED BY THE COMMISSION PURSUANT TO RESOLUTION 2007-072; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2007-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, TO ADMINISTER THE TIME-4- KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE 7.4 RESOLUTION #2007-165 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 CONTRACT CONNECTIONS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $1,270.00 FOR COASTAL CONSTRUCTION AND $6,500.00 FOR CONTRACT CONNECTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING TO COMPLETE THE PROJECT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—September 11, 2007 Page 3 of 6 Ordinances (Titles to be read by City Attorney) 7.5 ORDINANCE #2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER& POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" 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 "STIRLING ROAD PLAZA PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.6 ORDINANCE #2007-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 ORDINANCE#2007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE, BETWEEN SE 3RD STREET AND SE Dania Beach City Commission Agenda— September 11, 2007 Page 4 of 6 3RD TERRACE (301 SE 5TH AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from August 28, 2007) 9.2 ORDINANCE#2007-021 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 9.24.1, ENTITLED "REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS," TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 RESOLUTION #2007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR 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, PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION #2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S. NANTON, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS" AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE 13TH TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2007-156 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ED DARLING ON BEHALF OF NASSAU Dania Beach City Commission Agenda—September 11, 2007 Page 5 of 6 DEVELOPMENT CORPORATION, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", FOR VACANT PROPERTY LOCATED AT 45 NW 14T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION #2007-157 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT SPIECE, FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY LOCATED AT 105 SW 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10 COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 11.1 Fire Station #93 Tree Removals due to enlargement of Dry Retention Area (Continued from August 28, 2007) 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 13 ADMINISTRATIVE REPORTS 13.1 City Manager Dania Beach City Commission Agenda—September 11, 2007 Page 6 of 6 13.2 City Attorney 13.3 City Clerk - Reminders Wednesday, September 12, 2007—7:00 p.m. I" FY 07/08 Budget Public Hearing Wednesday, September 19, 2007—7:00 p.m. Final FY 07/08 Budget Public Hearing Thursday, September 20, 2007—6:00 p.m. Abatement Hearing Tuesday, September 25, 2007— 7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, AUGUST 28, 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 Vice-Mayor Jones gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Law Officer of the Year Award for Deputy Tina Lacertosa, BSO District #2 — Presented by Kevin Lounsberry, American Legion Post Commander, American Legion Post#304 Kevin Lounsberry, Commander, American Legion Post #304, presented the Law Officer of the Year Award to Deputy Tina Lacertosa for going above and beyond the call of duty. 5. Proclamations Addendum 5.1 Dania Elementary Proclamation Mayor Anton presented a proclamation to Donna Patton, Principal of Dania Elementary, because Dania Elementary went from a low "B" rating to a strong "A" rating after the FCAT scores were tallied. Item #9.2 was heard before Citizen Comments. 6. Citizen Comments There were no citizen comments at this meeting. 7. Consent Agenda Items removed from Consent Agenda: #7.2 7.1 Minutes: Approve Minutes of the August 14, 2007 Workshop Approve Minutes of the August 14, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION 42007-153 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TELEPHONE SERVICES FROM AT&T FOR THE ADMINISTRATIVE BUILDING (CITY HALL), FIRE STATION 1, AND THE FIRE ADMINISTRATION BUILDING FOR FORTY-NINE (49) MONTHS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-153. City Manager Palo explained this would improve our telephone services; provide savings; and require a change in telephone numbers. Commissioner Castro motioned to adopt Resolution #2007-153; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Ordinances (Titles read by City Attorney) 7.3 ORDINANCE #2007-020 Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY LINDA STRUTT CONSULTING, INC. ON BEHALF OF THE PROPERTY OWNER RAFAEL GANEM OF GREEN APPLE INVESTMENTS CORPORATION, FOR THE "CORFUR PLAT", SUCH PROPERTY BEING LOCATED AT 2311 SW 45Ta 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 "CORFUR PLAT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.4 ORDINANCE 92007-021 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 9.24.1, ENTITLED"REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS," TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Item #7.2; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-152 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL TO PROVIDE BASIC LIFE INSURANCE TO ELIGIBLE EMPLOYEES AND RETIREES IN AN AMOUNT NOT TO EXCEED $18,300.00 AND SUPPLEMENTAL COVERAGE OPTIONS TO ELIGIBLE EMPLOYEES FROM THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-152. Commissioner Bertino motioned to approve Resolution #2007-152; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8.2 RESOLUTION #2007-151 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT FOR WATER MAIN LOOPING ACTIVITIES USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO EXPERTECH NETWORK Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. INSTALLATION, INC. FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE MELALEUCA GARDENS DIRECTIONAL DRILL PROJECT FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $306,777.20; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-151. Commissioner Bertino motioned to approve Resolution #2007-151; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE#2007-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 25-127 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, ENTITLED "VARIANCE"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-019. Laurence Leeds, AICP, Director of Community Development, explained this was a housekeeping issue. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2007-019, on second reading; seconded by Vice-Mayor Jones . The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.2 ORDINANCE #2007-016 Heard after Proclamations AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5T" AVENUE,BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5T" AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. City Attorney Ansbro read the title of Ordinance 92007-016. Dwayne Dickerson, Attorney for the applicant, requested a continuance until the September 11, 2007 City Commission meeting. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to continue Ordinance #2007-016 until the September 11, 2007 City Commission meeting at 7:00 p.m.: seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #9.3 was heard after Item #9.1 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. Mayor Anton, Vice-Mayor Jones, Commissioner Bertino and Commissioner Castro reported they had been contacted regarding Items#9.3, 99.4 and#9.5. 9.3 ORDINANCE #2007-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., TO REZONE PROPERTY LOCATED AT 280 BRYAN 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-3 (COMMERCIAL), TO C-4 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-015, Resolution 42007-149, and Resolution#2007-150 because they all relate to the same property. Laurence Leeds, AICP, Community Development Director, explained the location of the property. The applicant wishes to construct 191,000 square feet of industrial or office/warehouse buildings. The Planning & Zoning Board recommended approval of the C4 zoning. The applicant has offered a deed restriction to exclude certain uses within 150' of Ocean Waterway Mobile Home Park. The Planning & Zoning Board also recommended approval of the variances and site plan, subject to conditions 1-6 of the Staff Report. Director Leeds noted that Ocean Waterway requested a restriction on the operating hours. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. Gerry Knight, attorney for the applicant, noted the rezoning would bring the entire property under the same zoning district. The variances are required for the location of the buildings on the north side of the property. A pre-fabricated 7' concrete wall will be constructed along the lot line. A dedicated parking area for trucks will be located on the SW corner of the site, at least 300' away from the Ocean Waterway Mobile Home Park. The applicant has agreed that no trucks will be idling within 150' of the north property line during nighttime hours. He noted that they agreed with Ocean Waterway that no trucks would be idling during the following hours: Weekdays 11:00 p.m. — 6:00 a.m.; Saturdays 10:00 p.m. — 6:00 a.m.; and Sundays 10:00 p.m. — 7:00 a.m. They also agreed to the 7' concrete wall along the north property line, and that construction of the wall would begin simultaneously with commencement of construction of the first building. He noted they also agreed to the General Liability policy, and the $8,500 contribution to Ocean Waterway Mobile Home Park for landscaping. Attorney Knight noted he provided a Declaration of Restrictive Covenant to the City Attorney for review and approval. He agreed to the request of Vice-Mayor Jones to install a gate on the north access drive that would be closed during nighttime hours. Mayor Anton opened the Public Hearings. Danielle Stoney, Property Manager, Ocean Waterway Mobile Home Park, noted they would like to see the project move forward. Faye Bartelmes, 214 SW tad Terrace, wants law enforcement notified of the parking and noise restrictions for the site. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearings. Vice-Mayor Jones motioned to adopt Ordinance #2007-015, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 RESOLUTION #2007-149 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., FOR PROPERTY LOCATED AT 280 BRYAN ROAD, DANIA BEACH, FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 26, "VEGETATION" AND CHAPTER 28, "ZONING'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-149, with conditions 1-6 recommended by the Planning & Zoning Board, with the following additional conditions: (1) no trucks shall stand with idling engines during the hours of 6:00 AM to 11:00 PM on Weekdays, 10:00PM to 6:OOAM on Saturdays, and 10:00PM to 7:OOAM on Sundays, except Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. in the designated truck overnight parking area located in the southwest parking lot of the applicant's property, the applicant to install a gate at the northern access to Bryan Road which will be closed during the hours stated above; and (2) a concrete wall 7 feet in height shall be installed by the applicant along the northern boundary of the property, construction of the wall to be commenced simultaneously with the construction of the first building on the property; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.5 RESOLUTION #2007-150 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., FOR PROPERTY LOCATED AT 280 BRYAN ROAD, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-150, with conditions 1-6 recommended by the Planning & Zoning Board, with the following additional conditions: (1) no trucks shall stand with idling engines during the hours of 6:00 AM to 11:00 PM on Weekdays, 10:00PM to 6:OOAM on Saturdays, and 10:00PM to 7:OOAM on Sundays, except in the designated truck overnight parking area located in the southwest parking lot of the applicant's property, the applicant to install a gate at the northern access to Bryan Road which will be closed during the hours stated above; and (2) a concrete wall 7 feet in height shall be installed by the applicant along the northern boundary of the property, construction of the wall to be commenced simultaneously with the construction of the first building on the property; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.6 RESOLUTION #2007-147 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEVEN TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER HARBOUR TOWNE ASSOCIATES, FROM CHAPTER 12, ARTICLE III, "HAZARD REDUCTION", SECTION 12-52, FOR PROPERTY LOCATED NORTH OF SW 45T" STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28' WAY, AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Anshro read the title of Resolution #2007-147. He noted the applicant asked to withdraw the request. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Commissioner Bertino motioned to withdraw the request; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.7 RESOLUTION#2007-148 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY KURT FRAHN, ON BEHALF OF THE PROPERTY OWNERS MARINE MAX YACHTS, LLC. IN CONNECTION WITH PROVISIONS OF PROPERTY LOCATED AT 490 TAYLOR LANE, DANIA BEACH; FROM CHAPTER 28, "ZONING" AND CHAPTER 26, "VEGETATION"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-148. Laurence Leeds, AICP, Community Development Director, explained the location of the property. He noted that Code Enforcement identified violations related to accessory structures that were constructed by the prior owner, without City permits. The Planning & Zoning Board recommended the guard shack be permitted to remain in its present location; however all other structures should be moved to the 10' setback. The applicant has agreed to relocate these structures to meet the Fire Codes. Director Leeds noted that staff recommends approval. Heidi Davis, attorney for the applicant, agreed with the comments made by Director Leeds. She noted they would move the accessory structures to the 10' setback; however, the guard shack will remain in its present location. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to adopt Resolution #2007-148; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented on a letter received regarding property near the site of Fire Station#93. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. City Attorney Ansbro preferred not to discuss the matter publicly; it can only be discussed privately once litigation has begun. He will discuss the matter individually with the Commission members. 10.2 Commissioner Castro Commissioner Castro asked the Commission for consensus to ask staff to pick a location for the art piece that was donated by Mr. Goldstein. Commissioner Castro noted that Clare Vickery has started planning for the Arts and Antiques Festival to be held in January 2008. Commissioner Castro requested a Shade Meeting to discuss Union Contract negotiations. Commissioner Castro provided information to the Commission from the Governor's Conference on Tourism. Commissioner Castro noted that Joe Van Eton contacted Chris Eck, Historical Commission of Broward County, regarding the old canning factory. She questioned if we should request that it be preserved as a historical site. Commission consensus was to try for a historical designation. Vice-Mayor Jones suggested also looking at the Bible Baptist property, the old Negro Chamber of Commerce building behind the Wrice Center, and a house located at 10`h Street and 22"d Avenue or Ely Boulevard. Commissioner Castro advised the lobbying process would begin next week on the Library issue. Commissioner Castro requested information from Director Leeds on contaminated sites in the City of Dania Beach. 10.3 Commissioner Flury Commissioner Flury commented we should expand our television broadcast to include our Parks programs. She suggested we should also have our emergency information ready to display should a hurricane develop. 10.4 Vice-Mayor Jones Vice-Mayor Jones thanked everyone for supporting St. Ruth Missionary Baptist Church's 99`h anniversary. Vice- Mayor Jones commented there is a lot of litter on weekends at C.W. Thomas Park, and staff should make an effort to clean the area. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. Vice-Mayor Jones asked the City Manager if we looked at gross market price in our bid process because it would make prices more consistent. Vice-Mayor Jones noted he attended the Florida League of Cities Conference in Orlando. 10.5 Mayor Anton Mayor Anton recommended holding the Shade Meeting before the next Commission meeting. Mayor Anton complimented Public Services Director Orlando for getting medians cleaned in the Griffin Road area, however there are some downed tree branches that need to be picked up. Mayor Anton suggested the upper level in the atrium could be used to display artwork or murals. He suggested having the artwork performed by local businesses. Mayor Anton advised an Airport Workshop will be held in the County Commission Chamber on September 4, from 9:00 a.m. —5:00 p.m., and will be televised on Comcast. Mayor Anton commented a representative from the Property Appraiser's Office would be at City Hall on September 12, 2007, at 7:00 p.m., to answer questions on property assessments. 11. Discussion and Possible Action 11.1 Discussion of the "Spinning Wheel Sign" located on Federal Highway Commissioner Castro commented that she has been contacted by several people regarding the appearance of the Spinning Wheel sign. These people also feel that it does not portray the image we are trying to portray as an up-and-coming arts district. She commented if we keep it, we need to trim the trees around it and re-paint it. Commissioner Castro suggested we could approach the Arts and Antique District for their input on what the sign should be. Vice-Mayor Jones suggested we get the Dania Schools involved in a contest as to what the kids think would be a good logo for the City. Commissioner Castro thought a professional should develop the new look or logo for the district. Commissioner Flury agreed with Commissioner Castro that we should remove the brush from sign and clean it up. She likes the idea of kids trying to develop something, but they need defined parameters. She commented the fair thing would be to have the Arts and Antique District people develop the preliminary design. Commission consensus was to have the Arts and Antique District develop a design. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. Addendum 11.2 Fire Station#93 Tree Removals due to enlargement of Dry Retention Area Deputy Fire Chief Mike Cassano asked that this item be continued until the September 11, 2007 City Commission meeting. 12. Appointments Commissioner Flury appointed Rae Sandler to the Nuisance Abatement Board. Commissioner Castro motioned to confirm the Board appointment; seconded by Vice- Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager Pato City Manager Palo discussed the clean-up that is required due to health and environmental issues in the Community Development Department and Police Department. He requested approval to hire a company to perform the clean-up at a cost of approximately $15,000, with funding from Contingency. He asked the Commission to allocate additional funds, if needed. Commissioner Bertino motioned to approve $20,000 for the clean-up in the Community Development Department and Police Department, with funding from Contingency Reserves; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Manager Pato reported that we tentatively reached an agreement for a one year contract extension with the Firefighters Union. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. 13.2 City Attorney Ansbro City Attorney Ansbro reported that a statewide committee has been appointed to look at fireworks control. The question is whether cities would support local control, or a uniform statewide law. His recommendation was for a statewide law. Commission consensus was for statewide control. 13.3 City Clerk—Reminders Wednesday, September 5, 2007 —6:00 p.m. CRA Board Meeting Tuesday, September 11, 2007—7:00 p.m. Regular City Commission Meeting Wednesday, September 12, 2007—7:00 p.m. 15t FY 07/08 Budget Public Hearing Wednesday, September 19, 2007— 7:00 p.m. Final FY 07/08 Budget Public Hearing Thursday, September 20, 2007 —6:00 p.m. Abatement Hearing Tuesday, September 25, 2007 — 7:00 p.m. Regular City Commission Meeting 14. Adiournment Mayor Anton adjourned the meeting at 8:42 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,August 28,2007—7:00 p.m. ® CITY OF DANIA BEACH Agenda Item # iWAgenda Request Item Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: 1 ggbG'S2� u. .rA.# .� t - t�l E y tl , ,1.a: 3 ......N.:d e._ '2 4n la .n. k .,::v,!_ .n�e :' .. ... .. ' [ : '` t To amend the funding for Elan service. w. .. . .. t a .,N.r...,:,..I After City Attorney review, it has become apparent that the costs associated with the removal of trees, stump grinding and root pruning at the future site of Public Safety Facility 93, paid to Elan Landscape, Inc. can be derived from the Tree Preservation Fund. That the funding for the tree removal services approved under Resolution 2007-072 is amended to utilize funds from the Tree Preservation Fund instead of the Fire Impact Fee and that the Director of Finance is authorized to appropriate the funding. ........... Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ e .) ea . r !r !i F �; I� i Change funding source to the Tree Preservation Fund instead of utilizing Fire Impact Fees. �ll: aa :'Y.. . .. a, u p 5er �k� i MvE Resolution —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ill ,m,.. :.v: . :..: .. .::.: I. . . .y . ..: .. ... . ... .n �. Submitted by Michael Cassano Date 09/04/07 Department Director Michael Cassano Date 09/04/07 Assistant City Manager Colin Donnelly Date 09/04/07 HR Director Date Finance Director Patricia Varney Date 09/04/07 City Attorney Thomas J. Ansbro Date 09/04/07 City Manager Date User Creating Item Item Name (do not use/or\in name) Michael Cassano Elan Funding Amendment t t �3136Y q:Ste F�ii tub..in. : :.::, j ...: ,. .ri:a ' Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-158 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADJUSTING THE FUNDING SOURCE FOR THE TREE REMOVAL SERVICES AT THE BUILDING SITE FOR THE FIRE STATION NUMBER 93 TO BE PERFORMED BY ELAN LAWN AND LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 APPROVED BY THE COMMISSION PURSUANT TO RESOLUTION 2007-072; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission approved Resolution 2007-072 on April 10, 2007 pertaining to Elan Lawn and Landscaping Services for removal of trees at the Fire Station 93 site; and WHEREAS,the funding for such project was to be derived from Fire Impact Fees; and WHEREAS, the City Attorney has approved the use of funds from the Tree Preservation Fund for such project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the funding for the tree removal service approved under Resolution 2007-072 is adjusted to utilize funds from the Tree Preservation Fund instead of Fire Impact Fee and that the Director of Finance is authorized to appropriate the funding. 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 42007-158 - CITY OF DANIA BEACH Agenda Item # •� Agenda Request Item Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑X Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: t - r �rs FtF # 1Iktr{} Adopt a resolution to award service constract to ASP, Inc. of Deerfield Beach, FL kMA e Any contract greater than $15,000 requires City Commission approval. Hires contractor to provide and administer the TIME-4-Kids program for the City for the school year 2007-08 and the summer of 2008 ti h, �i `K69� '.� t eis a1 i G v 4 Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Turn Around Dania Beach requested the City to take over the program, which it did. The administration thought it best to have After School Programs, Inc. run the program since they have been successful in running another tutoring and aftershool program for the City. U' k __� c .,..r .i. .. ..... L:... c_ mkk a i m Exhibit 1 - Resolution Exhibit 2 -Contract Exhibit 3-Attachment A Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 -�- �' a a Leh ` a , iY d Submitted by Colin Donnelly Date 09/05/07 Department Director Date Assistant City Manager Colin Donnelly Date 09/05/07 HR Director Date Finance Director Patricia Varney Date 09/05/07 Cdy Attomey Thomas J. Ansbro Date 09/05/07 City Manager Date User Crete Item Item Name (do not use I or\in name) Kathy Herman asp contract '-,' sP i iii4 y ry :'Iv _ t j�,I � is�i y, yi: R vw ,.. r rI ,,, 4i9�r r .i. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, TO ADMINISTER THE TIME-4-KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the Turn Around Dania Beach organization approached the City of Dania Beach to assume the status of fiscal agent for the T.I.M.E.4-Kids program for the 2007-08 after school program and 2008 summer program that offers after school and summer time tutoring services to Dania Beach's children; and WHEREAS, the T.I.M.E.-4-Kides program is funded by grant in its entirety by the 21" Century Community Learning Centers (2151 CCLC), Florida Department of Education in an amount equal to $280,000.00 that may be adjusted in accordance with the Approved Program Budget by the Department of Education; and WHEREAS, After School Programs, Inc., a Florida non-profit corporation located in Deerfield Beach, Florida, has submitted a proposal to administer the grant for an amount consistent with the grant award; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the execution of an agreement on behalf of the City with After School Programs, Inc., which Agreement is attached as Exhibit "A" to this Resolution for an amount not to exceed $254,320.00. Section 2. That the proper City Officials are authorized to execute the Agreement with After School Programs, Inc. and the City Manager and City Attorney are authorized to make revisions to such Agreement as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the agreements the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. 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 in effect retroactive to August 20, 2007. PASSED and ADOPTED on 2007. ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-164 "EXHIBIT A" CONTRACT FOR SERVICES Effective retroactive to August 20, 2007, AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation, ("ASP") and the CITY OF DANIA BEACH, a municipal corporation, ("CITY"), enter into this Contract for Services ("CONTRACT"). WHEREAS, the CITY has entered into an AGREEMENT with the Florida Department of Education, hereinafter referred to as "CCLC", identified as Part B of Title IV — 215` Century Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110. A copy of the AGREEMENT is attached as Exhibit A and incorporated by reference, ("AGREEMENT"); and WHEREAS, CITY has requested ASP to supply staffing, supplies and services to implement the above program identified in the Agreement; NOW THEREFORE, for and in consideration of the mutual covenants and agreements as set forth in this CONTRACT, the parties agree as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of Part B of Title IV — 215t Century Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110 in which ASP is specifically designated by the city, during the Broward County School Year for 2007-2008 which commences on August 20, 2007 and ends on June 5, 2008. 1.2 ASP shall perform its duties for one hundred seventy-five (175) school days and thirty (30) summer program days. 1.3 ASP will provide transportation as specified in the budget. 2. PAYMENT 2.1 ASP will bill the CITY on the first (I") and fifteen (151h) days of each month for the preceding school days for the costs incurred to administer the TIME-4-KIDS program. Payment for costs is to be based upon the Program Budget as approved and amended by the CCLC. Any additional costs exclusive of the Program Budget must be approved in writing in advance by the City. Payment is due within fifteen (15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after more than twenty-one (21) days after the billing date. If payment is not received within thirty (30) days of its due date, the CITY shall be in default and ASP may terminate the contract. 3 RESOLUTION#2007-164 3. OBLIGATIONS OF THE CITY 3.1 The CITY agrees to pay ASP promptly as set forth in this CONTRACT. 4. DEFAULT 4.1 For other than monetary default by the CITY, in the event either party defaults in the terms or provisions of this CONTRACT, the other party shall give the defaulting party ten (10) days written notice of the default and an opportunity to cure the default within the ten (10) day period. In the event the default is not so cured, the other party may terminate the Contract by giving written notice to that effect. 4.2 In the event of default, the non-defaulting party may sue for damages. The prevailing party shall be entitled to recover its attorney fees and costs, including legal assistant fees and attorney fees on appeal. 4.3 CITY shall obtain approval of"CCLC" for the assignment of responsibility as set forth in this contract to ASP pursuant to the requirements of paragraph X of the AGREEMENT. 5. MISCELLANEOUS 5.1 ASP and the CITY both agree to comply with their respective requirements as set forth in the AGREEMENT in order to comply with the terms of this CONTRACT. 5.2 Notices: All notices, requests, demands and other communications pertaining to this CONTRACT shall be in writing and deemed duly given when delivered personally with a receipt, when delivered by an overnight courier service with a signed receipt or mailed by certified mail, return receipt requested, postage prepaid, addressed as follows: To ASP: Alan Wolnek After School Programs, Inc. 1520 S. Powerline Road Deerfield Beach, Florida 33442 Telephone: 954-596-9000 Fax: 954-596-9880 To CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 333004 Telephone: 954-924-3610 Fax: 954-921-2604 Either party may change its address for notices by written notice to the other given pursuant to this paragraph. 4 RESOLUTION#2007-164 5.3 Prior Negotiations. This CONTRACT supersedes in all respects all prior and contemporaneous oral and written negotiations, understandings and agreements between the parties with respect to the subject matter of this CONTRACT. All prior and contemporaneous negotiations, understandings and agreements are merged into this CONTRACT and superseded by them. 5.4 Entire Agreement and Amendment. This CONTRACT and the Exhibits to this CONTRACT set forth the entire understanding between the parties in connection with the matters specified in this CONTRACT, there being no terms, conditions, warranties or representations other than those contained , referenced or provided for in this CONTRACT. Neither this CONTRACT nor any term or provision of it may be altered or amended in any manner except as an instrument in writing signed by the party against whom the enforcement of any such change is sought. 5.5 Severability. If any term of this CONTRACT is to be illegal or unenforceable at law or in equity, the validity, legality and enforceability of the remaining provisions contained in this Contract shall not in any way be affected or impaired thereby. Any illegal or unenforceable term shall be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of any applicable law or laws and such term, as so modified, and the balance of this CONTRACT shall then be fully enforceable. 5.6 Waiver. Unless otherwise specifically agreed in writing to the contrary: (i) the failure of either party at any time to require performance by the other of any provision of this CONTRACT shall not affect such party's right thereafter to enforce the same; (ii) no waiver by either party of any default by the other shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time granted by either party for the performance of any obligation or act by the other party shall be deemed to be an extension of time for the performance of any other obligation or act under this Contract. 5.7 Number and Gender. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 5.8 Headings and Cross-references. The headings of this CONTRACT are included for convenience of reference only, and shall in no way limit or affect the meaning or interpretation of the specific provisions of this CONTRACT. All cross-references to paragraphs shall mean the paragraphs of this CONTRACT unless otherwise stated or clearly required by the context. 5.9 Counsel. Each party has been represented by its own counsel in connection with the negotiation and preparation of this CONTRACT and, consequently, each party waives the application of any rule or law that would otherwise be applicable in connection with the interpretation of this CONTRACT, including, but not limited to, any rule of law to the effect that any provision of this CONTRACT shall be interpreted or construed against the party whose counsel drafted that provision. 5.10 Choice of Laws; Venue. This CONTRACT is to be construed and governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5 RESOLUTION#2007-164 5.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of and be enforceable by the parties to it and their respective successors and assigns. 5.12 Counterparts. This CONTRACT may be signed in counterparts with the same effect as if the signature on each counterpart were on the same instrument. Each of the counterparts, when signed, shall be deemed to be an original, and all of the signed counterparts together shall be deemed to be one and the same instrument. A legible facsimile copy of this CONTRACT and any signatures hereon shall be considered as originals. 5.13 Effective Date. This CONTRACT shall become effective on the date first specified above. IN WITNESS OF FOREGOING, the parties have caused this Contract to be executed by their duly authorized officers on , 2007. CITY OF DANIA BEACH, a Florida municipal corporation By: Ivan Pato, City Manager ATTEST: Louise Stilson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Thomas J. Ansbro, City Attorney 6 RESOLUTION #2007-164 AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation WITNESSES: Alan Wolnek, President Signature Print Name Signature Print Name 7 RESOLUTION#2007-164 (1) (2) (3) (4) (5) Function Object Account Title And Narrative FTE Amount Position 5310 Area Coordinator: Responsible for overseeing the management of the 2 1"CCLC educational program site. Coordinate the implementation of curriculum, liaison .50 $20,000 with the advisory board, schools, educators and parents. Ensures all 21"CCLC guidelines are being followed and"bestpractices"are being used. 5310 Executive Director: Plan,coordinate and supervise the educational and recreational curriculum for 21"CCLC. Parental contact, site visitation and staff meetings. .10 $9,000 Assure program sustainability and partnership acquisitions. 5310 Site Directors(1 per site): After School Responsible for supervising students and staff during the 2 1"CCLC program.Plans and prepares schedules to ensure daily 2.0 $31,757 activities are implemented in accordance with the planned educational curriculum,policies and practices. Duties will include but not limited to enrollment and tracking of students, site data collection for performance evaluation, maintaining inventory of supplies and equipment 1100 hrs x$15.87=$17,457.00 1100 hrs x$13.00= $14,300.00 Summer: Site Directors will supervise children and staff at all times both on and off site. Responsible for supervising and maintaining paperwork for the lunch 2.0 $6,928.80 and snack program Communicate with parents regarding student performance, coordinate and disseminate data between school and learning center. Ensure safety and the implementation of educational components 40 hrs x$15.87 x 6 weeks=$3,808.80 40 hrs x$13.00 x 6 weeks= $3,120.00 5310 (1) (2) (3) (4) (5) Function Object Account Title And Narrative FTE Amount Position 5310 Teachers After School: responsible for the implementation of the math, 1.0 science and reading curriculums to 80 21st CCLC students during the school 8 $45,070. year. Teachers will work closely with the site coordinators to ensure the attainment of appropriate benchmarks and performance indicators and ensure student safety at all times. One physical education teacher will provide recreational services two days per week and one computer teacher will provide technology education services at the Wrice Center two days per week. 3 teachers x$25/hr x 2 hrs/day x 4 days/wk x 35 wks= $21,000 1 Teacher x$25/hr x 2 hrs/day x 5 days x 35 wks= $8,570.00 1 phy. ed.teacher x$25/hr x 2 hrs/day x 2 days/wk x 35 wks=$3,500.00 1 computer teacher x$25,11ir x l hr/day x 2 days/wk x 35 wks=$1,750.00 1 computer teacher$25/hr x 2hr/day x 5 days x 35 weeks=$8,500.00 1 Science Teacher$25/hr x 2hrs x 1 day x 35 weeks=$1,750.00 Summer: responsible for the implementation of all academic curriculums for 160 21" CCLC students. 7.0 $13,440 Teachers will work in the morning providing instruction to the students 7 teachers x$20/hr x 4 hrs/day x 4 days/wk x 6 wks= $13,440 5310 Teacher aides: After School:responsible for tracking 21 st CCLC student attendance assuring safety of students from school to after school program,assist 4.0 $33,905.75 teachers with instruction,assist students with homework, l x$12.50/hr x 3 hrs/day x 5 days/wk x 35 wks= $6,562.50, 1 x$12.50 x 3.5hrs/day x 5 days x 35 weeks=$7,656.25,2 x$12.50 x 4.5 hrs/day x 5 days x 35 weeks=$19,687.00 Summer:responsible for assisting teachers with classroom instruction;computer, and; assist to supervise 4.0 $4,800 lunch and snack activities, and assure the safety of all students for the 21 st CCLC program 4 aides x @12.50/hrx 4 hrs/day x 4 days/wk x 6 wks= $4,800 Function Object Account Title And Narrative FTE Amount Position 5310 Counselor: After School:responsible for cleanliness of 21st CCLC program sites,address behavior concerns in the classrooms,monitor student movement while on- 1.0 $6,693.75 site, including to the bathrooms;assist teachers and teacher aides as needed in program activities. 1.0 $7,284.38 1 counselors x$8.50/hr x 4. 5 hrs/day x 5 days/wk x 35wks=$7,437.50 1 counselor x$9.25/hr x 4.5/day x 5days x 35 weeks 4.0 $7,140 Summer: responsible for cleanliness of 21 st CCLC program sites, interact and supervise children,address behavior concerns in the classrooms, monitor student movement while on-site, including to the bathrooms; assist teachers and teacher aides as needed in program activities,collect and analyze attendance. 4 counselors x$8.50/Iv x 35 hrs/wk x 6 wks=$7,140 School Resource Officer(SRO): Provides instruction in 1,250.00 crime,violence, and drug prevention; delivers character .05 education program in conjunction with Project Director to 21 st CCLC students 1 SRO x$25/hr x 2 hrs/wk x 25 wks 5310 Swimming Instructor: Provides beginning swimming instructions as well as advanced swimming instructions to 21st CCLC students. This instructor will be state certified and hold a WSI, Lifesaving,CPR,AED certification. 3 instructors x$25/hr x 2 hrs/day x 5 days/wk x 6wks= $4,500 $4,500 .75 5310 Computer/Technology Instructor-Responsible for the delivery and management of the multi-media curriculum to 21 st CCLC parents 1 computer/technology instructor x$25/hr x 1.5 hrs/session x 2 sessions/mth x 8 training. $600 .04 TOTAL $192,369.68 11%Fringe benefits $21,160.67 $213,530.35 5136 Staff Development and Training: Expenses necessary to provide training to 21 st CCLC staff and instructors who will be implementing the program/curriculum. This may include,but not be limited to the purchase of training materials/hand- outs, and supplemental pay for staff to attend after school/evening training. 5331 Travel: Travel for three staff members to attend two regional and one national 21 st CCLC conference 5332 Transportation:provide bussing of 21"CCLC students to and from the Wrice $20,000 Center and Dania Elementary,to Meli Park and South Broward High School for swimming, and educational field trips during the after school and 6180 Liability Insurance-insurance needed to operate after school programs and to $6,750 provide swimming instruction to 21st CCLC students 5390 Printing and Postage: postage and printing for the production of education $600 materials,curriculums,study aids,evaluations and reporting necessary to implement the 21 st CCLC program during the after school and summer programs for both sites . 5510 Recreational Materials:physical education supplies to include,but not limited to balls,jump ropes, and cones for the 21 st CCLC after school and summer programs at both sites 5510 Materials and Supplies-to include but not be limited to:paper,toner,pens, pencils,folders,binders,additional art materials and other educational games for each class in the event that rain impedes outside activities for the CCLC after school and summer programs for both sites 5510 Field Trips: admission fees to off site educational programs to enhance 21 st CCLC student experiences during after school and summer programs for both sites 1 per month x 9 months x 80 children x$8.00=$5,760.00(after school) $13,440.00 1 trip per week x 160 children x 6 weeks x$8.00=$7,680.00 5612 Library Books: to provide additional materials for 2lstCCLC students and parents to practice reading in the existing library at the Wrice Center. These books will be recommended by the Just Read,Florida! program and the Office of Library and Media Svs. 5640 Technology Equipment:needed for computer repair/installation for the 21 st CCLC program 5692 Educational Materials: materials as recommended by Broward County Public School to increase FCAT results for 21st CCLC students. Materials will include leading and innovative tools such as'BLAST OFF" and"MEASURING UP 5692 Educational Software: software to be used in the computer lab for participating 2151 CCLC students Total $254,320 CITY OF DANIA BEACH Agenda Item # � • Agenda Request Item Date of Commission Meeting: Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: . . , PEM, t Adopt a resolution that allows the city manager to pay contractors for work to construct the Frost Park restrooms, additionally would allow the City Manager to enter into agreement with vendors above his ceiling of$25,000. t tt F ' t : Conditions during construction warranted additional work as well as previous requests for construction funds did not include known costs already incurred. Eg _. Y 6 e n :? ., ..... .... .. q...,.. . Allows for the payment to vendors for work performed. y;:uw„c- 51i9+5a35 WOO 5 F C ._y �yyLy^ F Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑X Capital: ❑ .,I- sU��wi�r�� a; 6 r FFo 7 4,�IF I�t �` c t 1 :174i 4 !�5 d .y t� Rvo-}>vl,y��q,� t�Pa R,.,r In:ts m i NINF :..,.. F ,p,Isn.. ��,lyh.�,�5�,u. Prior calculation made for additional funding requests did not include the cost for auger piles, electrical work, and the picking up and placement of the prefabricated ADA restroom. The quote for construction by Coastal Contracting did not include the installation of auger piles, which were constructed and installed by Bodax. Although this cost was known at the time it was assumed that Coastal was acting as the general contractor and had included the cost of the pilings into the cost of foundation slab. The purchase order for the electrical work was closed out and not calculated, when the work was still required to be completed. In addition, there was a change order to relocate power lines that were not shown on the plans. ` OR 25t�iid2F+Pt L E ON- t 6 M O� Pv § � �+,d ,i�6R1 t v��e� c i S - vi �..acem Sv�i ati 6eE iv i r6i .v vv s : 9 ai 3i b, [ v�.NNh .: ..... s ... DR P! Exhibit 1 -resolution Exhibit xibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 MAE NOW* i .:r, �` Submitted by Colin Donnelly Date 09/05/07 Department Director Date Assistant City Manager Colin Donnelly Date 09/05107 HR Director Date Finance Director Patricia Varney Date 09/05/07 City Attorney Thomas J. Ansbro Date 09/05/07 City Manager Date User Creating Item Item Name (do not use/or\in name) Kathy Herman s �E;[��t(yli 'PINDM�6i�f ,SdW� � 'fit pvc,y5��qun6l tF,�� u ed,v! �,a i n �a':.Nn r�(e� F�L RIP wee ,,ai: �a �t $r+� [ S 3� yyry (6,y9 pg`y�21 8�A5r� E 6 m — ..m_ v:p elEl,l�6t'IP...zPiielt a .. .. £��i' � 6 6� PH v qH ! 6vL' x ee Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-165 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 CONTRACT CONNECTIONS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $1,270.00 FOR COASTAL CONSTRUCTION AND $6,500.00 FOR CONTRACT CONNECTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING TO COMPLETE THE PROJECT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of$15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to obtain a contractor to complete additional construction items to build the ADA restrooms at Frost Park, to be supplied by Coastal Contracting and Development in conjunction with Contract Connections; and WHEREAS, additional funding is required to complete the project outside the original quote for services; and WHEREAS, additional service is also required for auger piles and electrical service for a total cost of$13,116.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of $1,270.00 to Coastal Contracting, 807 N. Northlake Drive, Hollywood, FL 33019 for construction services related to the ADA restrooms at Frost Park. Section 2. That the CityManager is authorized to a an amount not to exceed h g pay ed the sum of$6,500.00 to Contract Connections Inc. of Jacksonville Beach, Florida for services related to the construction of the ADA restroom at Frost Park. Section 3. That the Director of Finance is authorized to transfer $20,866.00 from the General Fund line item "Transfer to Grant Fund" for the said amount and to appropriate the Grant Fund budget accordingly for such project.. 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#2007-165 CITY OF DANIA BEACH Agenda Item #� S Agenda Request Database Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER&POLIAKOFF,REPRESENTING THE PROPERTY OWNER ROBERT KRILICH.SR.OF OAKBROOK REALTY&INVESTMENT,L-C.,FOR THE'STIRLING ROAD PLAZA PLAT',SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH 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'STIRLING ROAD PLAZA PLAT'.PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS.FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ PL-36-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty& Investment, LLC, is requesting a Perimeter Plat for the property located at the north east corner of Stirling Road and SW 18 Avenue. Ordinance Staff Report Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Imm Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date User Creating Item Item Name (do not use/or\in name) Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY" BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TI 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 "STIRLING ROAD PLAZA PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Stirling Road Plaza Plat" (PL-36-07), such property being generally located at the northeast comer of Stirling Road and Southwest 18`h Street, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the "Stirling Road Plaza Plat", is accepted by the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on . 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 2 ORDINANCE#2007-022 EXHIBIT "A" - "STIRLING ROAD PLAZA PLAT" LEGAL DESCRIPTION A Portion of the West '/2 (W %2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw %4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West %2 (W y2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) 3 ORDINANCE#2007-022 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 11, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C. Corinne Lajoie, AICP, Principal Planner SUBJECT: LU-37-07/PL-36-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty & Investment, LLC, is requesting a Future Land Use Map Amendment and a Perimeter Plat for the property located at the north east corner of Stirling Road and SW 18 Avenue. FUTURE LAND USE AMENDMENT The applicant has requested amending the Future Land Use Map from the "Parks and Recreation" to "Commercial". The Parks and Recreation designation dates back to 1980, when the Audubon Society owned the property. Audubon sold the property to the present owner, Oakbrook Realty & Investment, LLC in 1999. Broward County tried to purchase this property in 2001 - 2004 for public open space but negotiations with the property owner failed. The applicant has submitted a wildlife inventory as per the City's wildlife protection ordinance (included in backup). Zoning, future land use, and existing land use of adjacent lands are shown below. ADJACENT Zoning Future Land Use Existing Uses SITES Ma North Commercial C-2 HOTEL Hotel South City of Hollywood COMMERCIAL Restaurant East C-2 & IROM COMMERCIAL Retail Sales West Commercial C-2 COMMERCIAL Restaurant PERIMETER PLAT The plat consists of a single parcel, with access off both SW 18th Avenue and Stirling Road. Broward County requires the dedication of 25 feet along SW 18th Avenue and installation of an eastbound right turn lane along Stirling. The plat is restricted to a 20,000 sq. ft. retail center or 29% of the net site area after ROW dedication. Based on County ROW, city parking, and city landscape requirements, building size is anticipated to be 15,000 sq. ft. or less pending site plan review. PLANNING AND ZONING BOARD RECOMMENDATION Land Use Plan Amendment: Approval of "Commercial". Preliminary Plat: Approval, subject to the following issues being addressed prior to second reading of the plat: 1. Letter acknowledging that no site clearing, grubbing, or tree removal is permitted without city permits. 2. Plat to indicate utility easements. 3. Approval by Pubic Services Director. Page I of 1 Loftier, Christine From: Leeds, Larry Sent: Wednesday, August 29, 2007 1:08 PM To: Lottier, Christine Subject: FW: Oakwood Plaza Attachments: Oakwood Environmental Report.pdf Print attachment; goes into backup for Frontier LUPA. Laurence Leeds, Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 954-924-3640 lieedsPci.dania-beach.fl.us From: pjeco@bellsouth.net manta 'eco@bellsouth.net � pJ � Sent: Wednesday, August 29, 2007 11:20 AM To: Leeds, Larry Cc: Troy Holbrooke; Keith Poliakoff Subject: Oakwood Plaza Larry: We have added a wildlife element to the Environmental Report that we sent you for review. Let me know if this is sufficient to be in compliance with the ordinance. Phil Jimrusti Phillip R. Jimrusti & Associates, Inc. 12730 S.W. 12th Court Davie, Florida 33325 Phone: 954-370-8870 Fax: 954-476-9256 Cell: 954-684-4728 E-Mail: pjeco,@bellsouth.net 8/29/2007 RECONNAISSANCE LEAL FIELD 1ViNT FRONTIER DEVELOPMENT PROPERTY Broward County City of Dania Beach, Florida Section 33, Township 50 South, Range 42 East PREPARED FOR: FRONTIER DEVELOPMENT, LLC MARCH 5, 2007 BY: ATUREIATENDE HILLIP R. JIMRUSTI & ASSOCIATES, INC. ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 12730 S.W. 12th Court DAVIE, FLORIDA 33325 (954) 370-8870 FRONTIER DEVELOPMENT PROPERTY INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this 1.74-acre tract of land located north of Stirling Road, east of SW 18th Avenue, City of Dania Beach, Section 33, Township 50 South, Range 42 East, Broward County, Florida. The parcel was surveyed for compliance with the South Florida Water Management District Basis of Review, Broward County Ordinance No. 93-49, section 27, and the City of Dania Beach "Tree Preservation" Ordinance (Chapter 26, Article 2) and "Wildlife Protection" Ordinance (Chapter 29, Article 4). The site was investigated to identify native vegetative communities, determine the viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission (FGFWFC), and the Florida Department of Agriculture. The site is bordered by paved roads on the south and west sides, by agricultural development on the east side, and by commercial development on the north side. The entire site is wooded, but appears to have undergone hurricane damage. A tree survey of the property was conducted by Phillip R. Jimrusti and Associates, Inc. on March 5, 2007. Because of the hurricane damage and infestation of invasive vines, it was difficult to tell if some of the canopy vegetation was alive. Approximately 20% of the trees were uprooted, had broken trunks, structural damage or lost major limbs. The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed for agricultural, commercial, or residential purposes. VEGETATION The canopy vegetation consists of tropical almond (Terminalia catappa), cabbage palm (Saba) palmetto), sea grape (Coccoloba uvifera), lead tree (Leucaena leucocephala), ficus (Ficus spp.), six gumbo limbo (Bursea simaruba), Brazilian pepper (Schinus terebinthifolius), one black olive (Bucida buceras), three red bay (Persea sop.), one Christmas palm (Veitchia merrillii), live oak (Quercus virginiana), and strangler fig (Ficus aurea). The understory and groundcover consists of catbriar vine (Smilax spp.), snake plant (Sansevieria hvacinthoides), philodendron (Philodendron spp.), syngonium (Syngonium Dodophyllum), life plant (Kalanchoe pinnata), air potato (Dioscorea bulbifera), wild coffee (_Psychotria nervosa), Virginia creeper (Parthenocissus auinouefolia), bidens (Bidens alba), Surinam cherry (Eugenia uniflora), cocoplum (Chrysobalanus icaco), grape vine (Vitis rotundifolia), myrsine (Rapanea puncyata), orange tree (Citrus sinensis), shoebutton ardisia Won:KPRJ Document Trontler Development Property,EA 2 FRONTIER DEVELOPMENT PROPERTY VEGETATION (continued) (Ardisia elliptica), dog fennel (Eupatorium capillifolium) and various grasses and forbs. SOILS The US Department of Agriculture, Natural Resources Conservation Service Soil Survey of Broward County indicates that the substrate of the property consists of Dade Fine Sand (Dd). Dade fine sand is a nearly level, well drained sandy soil on slightly elevated flatlands in the southeastern part of the county. Soft limestone is at depths that average between 20 to 40 inches. Most of the acreage of this soil lies within areas that are being developed for urban uses, to which this soil is well suited. There appeared to be no hydric soils present. WILDLIFE In accordance with the "Wildlife Protection" Ordinance (Chapter 29, Article 4), conditions on the site were assessed by walking a series of pedestrian transects across the property on five different occasions and thoroughly examining the parcel for indicators of animal habitation. The methodology utilized was to look for signs such as scat, hair, burrows, tree scrapings and dens. None were observed. The only wildlife observed were several transient common grackles (Quiscalus ouiscula). Based on previous studies of animal populations within these communities, the following is a list of probable animal species that could inhabit the site but were not observed during several site visits: Table 1: State and Federally Listed Species that could occur on the subject property. Protected species I Common Name Scientific Name State Federal Reptiles Green anole 'Anolis carolinensis n/a n/a Brown anole - Anolis sagrei --- - - n/a I We Six-lined racerunner Cnemidophorus sex/ineatus n/a n/a Birds i :Ground dove Columbia passenna n/a We '.Mockingbird Mimuspo/yglottos n/a n/a Mourning doves Zenaida macroure n/a nfa Word\PRJ DocumenlsTrontier Development Property,EA 3 Table 1 (Continued) Mammals Nine banded armadillo Dasypus novemcnctus n/a i n/a Gray squirrel Sciurus carolinensis n/a n/a Opossum Didelphis vurginiana n/a n/a Raccoon Procyon lotof n/a { n/a Amphibian Oak toad Buto quercicus n/a n/a E = Endangered SSC = Species of Special Concern T = Threatened n/a = Not Listed Since no animals or signs of animals were observed on this urban parcel, a detailed budget, cost estimate or action plan should not be required for the City of Dania Beach. CONCLUSION This site is located in a highly developed urban area. The high infestation of invasive vines and exotic plants has reduced the native habitat, making it difficult for any animals to exist. It is also difficult for animals to access the property due to a 6' high chain link fence that surrounds the parcel. Most species of animals would not be able to satisfy their range requirements on this small urban parcel. No standing water is present on the property or nearby. Fresh water is essential for most mammals and many species need water to drink and forage for food. Others animals such as amphibians require standing water to complete part of their life cycles. No rare, threatened, endangered or species of special concern as listed by the Florida Department of Agriculture, the Florida Game and Fresh Water Commission (FGFWFC), and the U.S. Fish and Wildlife Service (USFWS) were observed on the property. No wetlands were observed on the site and confirmed by Broward County Environmental Protection Department (BCEPD). The habitat value is rapidly diminishing due to the extensive infestation of exotic vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. Wor&PRJ DocumentelFrcntler Development Property,EA 4 ITEM 11.1 WAS HEARD AFTER ITEM 5.6. ITEM 5.7 WAS HEARD AFTER ITEM 11.1, 5.7 Broward County Land Preservation Program. Laurence Leeds, Growth Management Director, explained that the City was presented several sites by Broward County on June 16, 2001, as a result of the Broward County Land Preservation Bond Program. Broward County requires confirmation from the City on whether it would be willing to assume management responsibilities of Sites 137, 299A and 143. Mr. Leeds provided drawings and described the location of each site. Scott Parker, Broward County Department of Planning, was present to advise the City Commission that Broward County would attempt to acquire the sites and provide 15% of the purchase price to cover initial restoration and stabilization of the site. Once a willing seller is attained, appraisals of the property would be conducted. Mr. Parker stated that the City needs to confirm whether or not they wish to assume the ongoing maintenance of the properties should Broward County acquire the lands. Site#137 (6 acres) Randy Wilkinson, Parks & Recreation Director, advised that Site 137 could be used as a passive park and would require basic maintenance costs on the City. Commissioner Bertino expressed concern for security of a wooded site and City Manager Palo advised that he would request BSO to patrol the area. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to assume site management responsibilities of Site 137. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Site#299 A(1.88 acres) Laurence Leeds advised that 299A was previously owned by the Audubon Society and that Site 299B was approved for a hotel development. Mr. Parker advised that sites are only pursued as long as there is a willing seller and that 299A and 299B are close to other sites to the southeast that Broward County is attempting to acquire. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the acquisition and management responsibilities of Site 299A. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes MINUTES CITY OF DANIA BEACH 5 JANUARY 22, 2002 Commissioner McElyea-no Mayor Flury-yes Site#143A(10 acres) Commissioner McElyea suggested that the parcel would be a good location for a park for the residents in the newly annexed area. Commissioner Bertino clarified with Mr Parker that the entire 10 acres would be acquired by Broward County or Broward County would not pursue the site. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the acquisition and management responsibilities of Site 143A. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 6. PROCLAMATIONS: 6.1 Proclamation declaring January 23, 2002, "South Florida Senior Games Day" in the City of Dania Beach. City Manager Pato read the proclamation in its entirety. ITEMS 7.4 AND 7.7 WERE PULLED FROM THE CONSENT AGENDA. 7. CONSENT AGENDA(INCLUDING EXPENDITURES): Bills 7.1 Approval of bills for the month of November, 2001. Minutes: 7.2 Approval of minutes for January 8, 2002, regular meeting. Travel Expenditures: None Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-125, WHICH RESOLUTION AMENDED ITS GENERAL FUND BUDGET FOR FISCAL YEAR 2000-2001, BY REDUCING CERTAIN REVENUE ESTIMATES AND BY BORROWING $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND, SO THAT THE LOANS OF $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND TO THE GENERAL FUND ARE RECLASSIFIED AS INTERFUND TRANSFERS, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . MINUTES CITY OF DANIA BEACH 6 JANUARY 22, 2002 i COMMUNITY DEVELOPMENT OF DANIA BEACH ELOPMENT DEPARTMENT - _ ROUTING SHEET Route Date �2/200� c. now Project OAKBROOK INVEST 8 REALTY - J IJ , 2607 Z Log 'PL-J6-07 -- :PLAT/LAND USE AMENDMENT—Ji ILU 37-07 ----- � I 1,1 ?� Folio 50g23300p630 PLEASE REVIEW THE ABOVE REFERENCED P OJEC FOR C COMMUNITY THE DIRECTOR'S STAFF RECOMMENDATION 0 THE PLANNING AND D BOARD AND CITY COMMISSION. OMMEN7 0 BE INCORPORATED THANK YOU. RATED NI G Route Vla; ZONING Mall❑ "Q Pick Up yr] � Fire Marshal❑ In-house ❑ . V Public ❑ Landscape 11, Planner❑ BSO❑ '« _ Other Consultants WCOq ,. .......,t, Appro as submitte�. Comments must address prior �- Denied Ej Va&jZ to PZ/Commission hearing --] Approved w/conditions i� Tar��01A. List Conditions U 1oac �� Signature •� Date Print Name u 7t Calvin, Giordano S Associates, Inc. EXCEPTIONAL SOLUTIONS I � June 25, 2007 Mr. Dominic F. Orlando, P.E. Public Services Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Plat Review—Oakwood City of Dania Beach Ref.: PL-36-07,LU-37-07 CGA Project#97-1826.58 Dear Mr. Orlando, We have no objection to the proposed plat and land use amendment. We have provided a checklist of our engineering site plan requirements for the applicant's reference and perusal. r Please let us know if you have any comments or questions. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no financial or professional interest in this projector with the entity making this site plan application. Sincerely, Engineering Construction Engineering CALVIN, GIORDANO & ASSOCIATES, INC. & Inspection &Tran r atio Planning ny (/ Muniapal Engineer � Engineering Surveying&,Mapping % John Messerian, P.E. Planning Director, Municipal Engineering Landscape Architeddre & Environmental Services Construction services I concur with the above noted comments. Incloor Air Quality Data Technologies & Development Dominic F. Orlando, P.E. Emergency Management //��pp''�,bblic Services Directo $PrvicCSJ LA3 f Id- nn Eller Drive, SSuit(!wo Signature Date Fort Lauderrl.tle, FL:13 it 6 Phone.954.921.7731 Fax: 954.921.8807 1VW W.Ca IV ill-g,orda no.curm Fort Lauderdale Weil Palm beach Orlando Fort Pierce Homestead i City of Dania Beach Ref. No. P1-36-07 LU-37-07 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Oakwood Project Address: NE corner of Stilding Rd amd SW 18'"Avenue, Dania Beach Name of Owner: Oakbrook Realty & Invest, LLC Name of Applicant: Keith M. Poliakoff, Esq. Applicant's Address: 3111 Stirling Road, Fort Lauderdale, FL 33312 Contact Number: 954-985-4183 Submittal Requirements ❑ A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ❑ Stormwater Calculations and copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ❑ Soils Report ❑ Lift Station calculations, if applicable. ❑ Utility agreement for water and sewer line extension, if applicable. ❑ Complete set of Civil Engineering plans as described below. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1 '=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ❑ Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, backflow preventers, storm sewer systems, catch basins, headwalls,junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ❑ Typical cross-section of proposed construction. ❑ Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ❑ Provide preliminary grading plan. ❑ Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ❑ Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ❑ Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ❑ Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ❑ Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Reviewed by: John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL - 1 1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - ----------- -_--- ROUTING SHEET Route Date �8/12/2007 � ,LiLJ PZLog PL-3S-07_.--_---,_-, Project ,OAKS — PLEgS PUTT LAND USE AMENDMENT j J�'V , 3 Folio 50g23 000gjtI ----- 1 ROOK INVEST 8 REALTY--- ^ E REVIEW THE ABOVE REFERENCED MOOT L _. a " COMMUNITY D -----__. a°? BOARD AND CITYELOPMENT DIRECTOR'S ST TO BE INCORPORATED COMMISSION. THANK YOU. NI G �y THE PLANNING AND ZONING Route Via: Mall ❑ w Pick Up Ir Fire Marshal In-house Public ServicesLandscape[I ❑ __ BSO w.,_'•-,' ,,.`"'. Plan Mf L.J • Other Consultants ❑CGA .. . .. . .. Approved as submitted Comments must address prior Denied(] {, to PZ/Commission hearing Approved w/conditions � � t List Conditions $Ignature �/�2IT J Date C�CLl9. /gi4JA Print Name iC CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET r. Route Data !!! Log PL-30-07 Project OAKBROOKINVESTBREALTY ��Y 2007 LUd7-07 --- iPLATI LAND USE AMENDMENT olio 804233000830 PLEASE REVIEW THE ABOVE REFERENCED PR ��QQO� n _- _ --- ---_J COMMUNITY DEVELOPMENT DIRECTOR'S STAFF' Et`.;FO T BE INCORPORATED IN THE BOARD AND CITY COMMISSION.THANK YOU. �""'" PLANNING AND ZONING Route Via: Mall ❑ Pick Up LJ In-house Fire Marshal ❑ Landscape ❑ Public Services❑ BSO ❑ Planner J Other Consultants ❑CGA Approved as submitted Denied Comments must address prior (-� Approved w/conditions r i to PZ/Commission hearing -- List Conditions C'rsm ✓n��s - Signature - i�- 0-7 Date Print Name 9! Oakbrook Investments— PL-36-071LU-37-07 6-12-07 Corinne Church, (954)924-3704 ZONING REVIEW 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. • acton-hisl7ehalf-tf5erefo�, LI�1 correspondence wiW be.directly-wditAha.prope►4G of ns�.�Jess authori ate is 11 3. Must provide Broward County plat comments prior to the first public hearing. 4. Must obtain tree removal permit prior to any trees being removed or relocated. 5. Provide copy of proposed plat showing property lines, utility easements, NVAL, roadway dedications, note restrictions, etc. i p �c� c� od� June 13, 2007 JUN 2 6 zany Ms. Corinne Lajoie,AICP c/o City of Dania Beach Community Development Department 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: Folio No.: 504233000630 Dear Ms. Lajoie: This letter is to certify that Keith Poliakoff and Neil Schiller of Becker&Poliakoff, P.A., are authorized to make any and all applications to the City of Dania Beach, Florida and Broward County,Florida regarding the property referenced above. I am a duly authorized officer of Oakbrook Realty and Investments, LLC. Please feel free to contact me if you have any questions. ;nW; ich, Sr. o �GZu, d. .8.Cvarn Sign Name of Notary Public Print Name of Notary State of )%lon-d< , C o'- n!y 4 1g Commission Expires: y ' a 0/0 F]L DB: 10544861 .......... „"..ij LAURA a DURBIN \ MY COMMISSION DD EXPIRES:AyAI1 010 7 Q \ Rl,Ya same rm Noon Rek Lh*. , City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance O -AssignmentotPlex/ReserveUnits- Y ___._.— ---_- ____----__ _-___------_---,---------------_ __ ��d Use Amendment ` ❑ Plat Delegation Request ❑ Rezoning f �c J Date Rec'd: (a \\ o Cl Site Plan ❑ Special Exception JUV 1 17007 Petition No.: ❑ Special Request I tJl''J`1-01 ❑ Trafficway Waiver ❑ Variance " ! ;'.-'r i,7Y`tr7lf ilt ❑ 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 "Requlred Documentatlon'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: Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s):504233000630 Legal Descriptlon:33-50-42 W 1/2 of SW 1/4 of SW 1/4 of SE 1/4 Less PT IN OR. 3760/15 and Less revised Stirling Road R/W Applicant/Consultant/Legal Representative(circle one) Keith M. Poliakoff, Esg. Address of Applicant: 3111 Stiilina Road Fort Lauderdale FL 33312 Business Telephone: 954-985-4183 Home: Fax: 954-985-4176 Name of Property Owner: Oakbrook Realty & Invest LLC Address of Property Owner: 1000 Royce Blvd. , Oakbrook Terrace, IL 60181 Business Telephone: 305-692-9992 Home: Fax: 305-692-3032 Explanation of Request: Please see attached. _ Prop. Net Acreage: Gross Acreage: 1.74 Prop. Square Footage: 16,000 Existing Use: Vacant Proposed Use: Retail Is property owned individually, by a corporation, or a joint venture? onrpora rt on Aunderst hat site plan and variance approval automatically expires within 12 isslonapp4Prrn rsuantto OrdinanceNo. 2005-040. er signature me Date APPLICAMLL_C9Nz1!LIANT,_QRLEGALREPRESENTATIVEN9TARIZEDSIG NATURE Sworn to and subscribed before me ApplicangConsultant/RepresentaUve: This��day of 20A� Signature: Date: �71e 7 �Il/! Sign Nam ° JLWR (Print Name) State of( 7051 uarry DID a Keith M. Poliakoff,Esq. r`rw.,msm� Becket&Poliakoff,P.A. 3111 Stirling Road Print Name of Notary Fort Lauderdale,FL 33312 Phone: (954) 995-4183 Fax: (954) 985-6814 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 (ApplicanyConsultant(Representative) to make and Me 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. i 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 (ApplicanttConsultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: OAKBROOK REAL & INVESIMENTS, LLC-_.-___ This day of 20 Signature: Date:1 (Print Name) � xtca /Iles» 6 e/ ign Name of Notary Public (Print Title) State of W-Ola'2 .Q) , Pr It Name of Notary Street Address, City, State and Zip Code ,9 Janet 8.Rles C Telephone No. &Fax No. Se V Expiroa November 21,2007 �� eu,aeim,r.n•1r+.w.Nc lO 3W7018 I JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. L uEerium .e l.urpurale rar FL 3111 Stirling Road Fort Lauderdale, Florida 33312-6525 BF( I<ER Phone: (954)987-7550 Fax: (954)985-4176 h ICF PO- US Toll Free: (800)432-7712 Maillag Address: P.O.Box 9057 Ft.Lauderdale,FL 33310-9057 IN,i lz ADMINISTRATIVE OFFICE 1 , s;t]� Reply To: 3111 STIRLING ROAD June 11, 2007 Fort Lauderdale FORT IAUDERDALE,FL 33312 Neil M. Schiller, iller,Esq. 800 43Z 7712 U.S.TOLL FREE JUN 1 t g007 Direct dial: (954)985-4117 G NSchil►er@becker-poliakof.com VNNLRFCNER-0OLIAKOFECOM j 8FH@GECKER POLIAKOFF.COM .' BY HAND yet Ms. Corinne Church The City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Land Use and Plat Applications for folio #504233000630 Dear Ms. Church: FLORIDA OFFICES BOCA RATON I am pleased to present a land use amendment and plat applications for the FORT MYERS property that corresponds to folio #504233000630, located in Dania Beach, FORT WALTON BEACH Florida. Included in our application is the following: HOLLYWOOD HOMESTEAD • Dania Beach General Development Application—Completed LARGO • Narrative that supports the application MFLBOLRNE- • Necessary traffic studies (Sections F — Transportation and G — Mass .,,IAMI Transit) NAPLES • A copy of a water— wastewater request from the City ORIANDO • Broward County Environmental Protection Department (EPD) wetlands SARA`OTA letter • ALTAJACSM Land Title Survey NEST PALM BEACH • Proposed plat pages for the property •AfflllAtFO OfiICES Conceptual site plan for the property HEIIOI • Opinion of Title for the property RANR,ORT • Check 411064 totaling $5,065.00 for the land use amendment application VIEW YORK fee -w"'L • Check #I 1065 totaling $3,192.50 for the plat application fee TEL MIN Please contact me if you have any questions or require more information. We took forward to working with you on this very exciting project. LEGAL AND BUSINESS STRATEGISTS u Meus 11 CONSULE4IS AN N1feNA➢OrvAL e550iIAn ON OF LAW 1i1, 5-1 NETWORK OF LEADING LAW OOLMS Ms. Corinne Church June l 1, 2007 Page 2 Best regar Neil M. Schiller Attachments FFL M 10540131 i CITY OF DANIA BEACH ��- ,,, PROJECT SUMMARY JuN 1 > 2007 for FRONTIER DEVELOPMENT �.•� � �l.a •,t"t1 t BACKGROUND The subject property encompasses 1.74 acres and is located on the northeast comer of Stirling Road and Southwest 18 Street in Dania Beach. There are no improvements on the property, which consists mainly of trees. The land use of the property is"Parks and Recreation" and the zoning of the property is `Broward County Agriculture-I"(A-1). The property is not platted. REQUEST The Applicant seeks to develop the property into a 17,000 square-foot retail facility. In order to do this, the Applicant must plat the property, change the land use to "Commercial" and rezone the property to Commercial-2 (C-2). JUSTIFICATION STATEMENT The commercial real estate market in South Florida continues to remain active, despite'the residential market's cooling. The University of Florida Bergstrom Center for Real Estate Studies released its first quarter Survey of Emerging Market Conditions,which indicated that, "cap rates are expected to rise for strip centers," and the survey identified strip centers as the type of property receiving the most attention from investors.' Further, real estate expert Lewis Goodkin wrote, "for the first time in Florida history, residential developers had outbid the commercial sector for prime parcels. Now, the state's healthy job market and a shortage of new commercial construction are spurring a commercial construction boom in many markets."2 The subject property has not been developed despite the number of trees that are located on the property. There has been a substantial change in the area since the subject property was initially zoned and classified for land use. The area's largest commercial center, Oakwood Shopping Center, was developed in 1988, almost twenty years ago. The parcel directly west of the property has a drive-through fast-food restaurant operating on it and the parcel directly east of the property has an industrial use. The highest and best use for the property would not be agriculture as it is too small to pursue that activity, nor would a park be the highest and best use as there are no residents in a reasonable proximity to the property. The proposed commercial use the Applicant seeks would not only be compatible with the existing surrounding land uses,but would be the highest and best use for the property. ' http://www,cba.ufl.edwfire/docs/CRES/survey/mkt_browardcounty.pdf 2 http://wviw.flondatrend.com/article asp?a1D=1891246,8141583.593541.1613271.4596033.482&a1D2=45648&pare ntlD=45645 PROPOSED DEVELOPMENT The Applicant seeks to build a two-story, 17,000 square-foot retail facility. It is envisioned that the first floor would consist of retail space and the second floor would consist of office space. Access to the retail center would be from Southwest 18`s Street, so as to not disrupt traffic on Stirling Road. McMAHON ASSOCIATES, INC. FL 33309 JMcMAHON 6360NW5`"WaylSutep954-7771-0776ejra954-771-1754 . www.mcmtrans.com I PRINCIPALS Joseph W.McMahon,P.E. Rodney P.Plourde,Ph.D.,P.E. (, --- -- Joseph J.DeSantls,P.E.,PTOE May 15, 2007 t I� St^� 'Yt!311� John S.DePalma j, 1f r t 1 ai �j William T.Steffens qq q ASSOCIATES JUN 1 1 M7 Casey A.Moore,P.E. Gary R.McNaughton,P.E.,PTOE Mr. Troy A.Holbrooke, y, John J.Mitchell,P.E. Christopher J.Williams,P.E. Director i John F.Yacapsln,P.E. Frontier Development, LLC d '3 i TL al"nit Thomas A.Nau 2627 N.E. 203rd Street-Suite 216 Miami, FL 33180 RE: Stirling Road at SW 181h Avenue Task 1-Land Use Plan Amendment McMahon Project No.: L07196.01 Dear Mr. Holbrooke: McMahon Associates, Inc. (McMahon) is pleased to provide the responses to Sections F, Transportation, and G, Mass Transit, for the Land Use Plan Amendment application of the reference project. Should you have any further questions, please do not hesitate to contact me. Sincerely, 4L&4 Thomas A. Hall Associate and General Manager- Fort Lauderdale TAH/JWM/APR;pg F:\FL\07196L\07196L 01NAdmin\Task 1-Land Use Plan Amendment and Zoning Change.doc ..A Boston PA Fort Washington I Exton I Mechanicsburg NJ Yardville I9_ Palm Beach Gardens I Fort Lauderdale I Fort Myers Miami CELEBRATING 30 YEARS OF EXCELLENCE l F. TRAFFIC CIRCULATION ANALYSIS Identify the roadways impacted by the proposed amendment and indicate the number of lanes, current traffic volumes, adopted level of service (LOS) and current LOS for each roadway. The project site is located on the northeast comer of SW 18th Avenue and SR 848/Stirling Road, in the City of Dania Beach, Florida. The project site is currently zoned as Broward County Agriculture (A-1). The land-use designation for the project site is Parks and Recreation on the City and County land-use plans. The proposed land use designation is Commercial. Broward County Planning Council, Land Use Plan Amendments (LUPA) must examine all roadway links where the project trips are equal to or exceed three percent of the capacity of the roadway. Therefore,a trip generation analysis was performed for each of the permitted land uses, per the City code to determine the trip generation for the maximum-allowable development under the current zoning designation (i.e., Agricultural, A-1). Appendix F contains a copy of the City permitted land uses for the project site(section 39-248) and Plot area coverage(section 39-253). Furthermore, the net difference in trips between the maximum-allowable development under the current land-use designation and proposed land-use designation for the project site was calculated for AM peak-hour, PM peak-hour and daily traffic conditions. The results of this effort are summarized in Table 1, Table 2 and Table 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, Th Edition, based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land use designation. However,for daily conditions, the proposed use on the site is anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. TABLE AM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA AM PEAK HOUR E MUM ALLOWED LAND USE amcenter 565 15,481 SF T-12.79 105OSED USES al Commercial 820 17,000 SP Ln(r)-0.60 Ln(X)t2.29(61/39) 33DIFFERENCE (72) 172) 114U (1)S m:Trip Cmersom Manual,7N Mi8m utilized for P pu Usea. TABLE2 PM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA PM PEAK HOUCODE IN OUT TOTAL MAXIMUM ALLOWED LAND USE Da Care Center 565 15,481I SF (%) 96 108 204 PROPOSED USES General Cammercial 820 17,000 SF Ln(T)=0.66 Ln(X)+3.40(48/52) 93 101 194 NET DIFFERENCE (3) (7) 110) (1)Sura:TnpO rraflm Manual,7N Edidonualieed for Proposed Uu. TABLE3 DAILY TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA DAILY MAXIMUM ALLOWED LAND USE Day Cam Center 565 15,481 SF T-79,26 J1,073 614 1227 PROPOSED USES General commercial 820 17,000 SF Ln(f)-0.65 Ln(X)F5.83(50150) 1,073 2,146 ETDIPPERENCR 4" 919 (1)Sm:Tdp Generadm Manual,7N Ediem udlie for Bpo Ux A trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 18t° Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: a 92% of the project traffic will arrive from and depart to the west via Stirling Road a 7%project traffic will arrive from and depart to the east via Stirling Road. a 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza. The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2, respectively, located in Appendix F. r' As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore, no further analyses were conducted. Identify the projected LOS for the roadways impacted by the proposed amendment for the short (flve year) and long term (2030) planning horizons. Please utilize average daily and PM peak-hour traffic volumes per Broward County MPO plans and projections. There are no significant roadway segments impacted by the proposed amendment. Therefore,no further analyses are needed. Planning Council staff will analyze traffic impacts resulting from the amendment. You may provide a traffic impact analysis for this amendment — calculate anticipated average daily and peak-hour traffic generation for the existing and proposed land use designations. If the amendment reflects a net increase in traffic generation, identify access points to/from the amendment site and provide a distribution of the additional traffic on the impacted roadway network and identify the resulting LOS change for the short(five year)and long range(2030)planning horizons. Trip generation analysis was performed for AM peak hour, PM peak hour and daily traffic conditions for the maximum-allowable development under the existing land use designation and for the maximum-allowable proposed uses on the project site and are summarized in Tables 1,2 and 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, 7's Edition,based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land-use designation on the site. However, for daily conditions, the proposed uses on the site are anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. As previously mentioned, a trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 18w Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: • 92% of the project traffic will arrive from and depart to the west via Stirling Road 7%project traffic will arrive from and depart to the east via Stirling Road. • 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza. The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2,respectively,located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore,no further analyses were conducted. Provide any transportation studies relating to this amendment, as desired. The information provided in response to the preceding three items constitutes the entirety of the traffic analysis for this LUPA. G. MASS TRANSIT Identify the mass transit modes,existing and planned mass transit routes and scheduled service(headway)serving the amendment area within one-quarter of a mile. Broward County Transit routes 6, 12, and 16 currently serve this site. Additionally, the City of Dania Beach operates two local community routes in the vicinity of this site. Broward County Transit: 1 Route 6 - This route mainly runs north/south between The Broward Central Terminal and County Line Road.The northern segment of the route was extended to the Broward Terminal replacing route 84. Buses provide two-way service between the Airport Tri- Rail Station and Stirling Road. The route operates seven days a week with 30 minute headways during the weekdays and Saturday and hourly headways on Sunday. The service runs from 5:15 AM to 9:55 PM on weekdays, 5:20 AM to 9:55 PM on Saturdays, and 9:05 AM to 8:00 PM on Sundays. Route 12 - This is a local route that provides service between the West Regional Terminal and the North Beach Park. The route operates seven days a week with 45 minute headways during the weekdays and hourly headways during the weekend. The service runs from 6:00 AM to 8:00 PM on weekdays, 6:00 AM to 8:15 PM on Saturdays, and 10:00 AM to 7:45 PM on Sundays. Route 16 -This is a new local route that operates between Stirling Road and Flamingo Road and the Dania Beach City Hall, with service to the Fort. Lauderdale-Hollywood Airport Tri-Rail Station.The route operates seven days a week with 30 minute headways during the weekday peak hours and hourly headways during weekday off-peak hours and during the weekend. The service runs from 6:00 AM to 9:45 PM on weekdays, 6:00 AM to 9:45 PM on Saturdays,and 10:00 AM to 6:45 PM on Sundays. City of Dania Beach Community Bus Service Dania Beach Community Bus - provides service between Dania Beach City Hall and NW Pt & NW 14"h Avenue. The route operates Monday through Saturday with hourly headways from 9:00 AM to 5:40 PM. Broward County Transit Development Plan FY 2006-2010 Route 6 - This route is scheduled to have weekday and Sunday service expansion, Sunday headway improvements, and route realignment. Route 12 - This route is scheduled to have weekday, Saturday and Sunday service expansion,weekday and Saturday headway improvements, and route realignment. Broward County 2030 Long Range Transportation Plan Route 6 (Regular Bus) - This route is scheduled to have Sunday/Holiday headway improvements. Route 12 (Regular Bus) - This route is to provide service expansion from the current terminus at the West Terminal to Sheridan Street west of 172^d Avenue in the southwestern sector of the County. Quantify the change in demand resulting from this amendment. Change in mass rninsit Deniand Permitted Uae: 1,227 X 1.23% - 15 Tri ps Pro used Use. 2,146 X 1.23% 26 Trips Change in Demand - 11 Tri s Correspondence from transit provider verifying the information submitted as part of the application on items 1-2 above. Correspondence must contain name, position and contact information of party providing verification. Correspondent Information per attached letter Name: David Daniels Agency: Broward County Mass Transit Position: Principal Planner Ph: 954-357-8340 Fax: 954-978-1189 Address: 1100 Park Central Boulevard,Suite 300, Pompano Beach, FL 33064 Describe how the proposed amendment furthers or supports mass transit use. The commercial environment of the proposed project will create activity nodes which will enhance and support utilization of mass transit for employees, visitors and residents. F:\FL\07196U07196L_01\Analyses\Section F AND G may 17.doc OI•GOU�'1fN11�J OFFICE OF TRANSPORTATION -service Development 1100 Park Central Boulevard,Butte 3500-Pompano Beach.Ronde 33084 954-357-8340-FAX 954-978.1182 May 15, 2007 Adriana Rodriguez, McMahon Associates, Inc. 6360 NW 5m Way, Suite 301 Fort Lauderdale, FL 33309 RE: Stirling Road and SW lath Street 1.78 Acre Parcel, City of Dania Beach Land Use Plan Amendment - Verification of Transit Services Dear Ms. Rodriguez: Your correspondence dated, May 8, 2007, regarding the Stirling Road and SW 18th Street 1.78 Acre Parcel - Land Use Plan Amendment, has been reviewed by Broward County Transit (BCT) for current and planned bus service. Fixed-route bus service to the amendment site is currently provided by: BCT Routes 6, 12, and 16. in addition, The City of Dania Beach Community Bus services this amendment site. Please see attached table for specific hours of service and frequency. BCT DAYS OF SERVICE HOURS OF SERVICE SERVICE FREQUENCY ROUTE A.M. - P.M. Monday-Friday 5:15a- 9:55p 30 Minutes 6 Saturday 5:20a -9:55p 30 Minutes Sunday 9:05a — 8:00p 60 Minutes Monday-Friday 6'00a —8:00p 45 Minutes 12 Saturday 6:00a — 8:15p 60 Minutes Sunday 10:00a —7:45p 60 Minutes Monday-Friday 6:00a - 9:45p 30 Minutes 16 Saturday 6:00a - 9:45p 60 Minutes Sunday 10:00a - 6:45p 60 Minutes Dania Beach Monday-Saturday 9:00a - 5.40p 60 Minutes Community Bus Broward County Board of County Commissioners Joeephus Eggelle4on.Jr.-Sue Gun burger•Kristin D.Jecobe-Ken Keedd-How Ueberman-Slacy Rltter-John E.Redairm,Jr.-Duna Waesarm ftbin-Lois Weiler w .broward.org Future route and transit improvements for the amendment area have been identified in the TDP (Transit Development Plan), and in the Broward County 2030 Long Range Transportation Plan (LRTP). The proposed land use plan amendment has a small impact in transit demand. Current and future transit should provide adequate capacity to meet the future services demands. Please call me at 954-357-8351, if you require any additional information. Sincerel , vi David Daniels Principal Planner APPENDIX F TRAFFIC CIRCULATION ANALYSIS i 9t am;q 40 FLORIDA February 22, 2007 File No: ZL-07-07 Becker Poliakoff Keith M. Poliakoff 3111 Stirling Road Ft. Lauderdale, FL 33312-6525 RE: Folio No. 504233000630. Dear Mr. Poliakoff: This letter is in response to your written request for information regarding the above referenced property currently zoned A-1. j ZONING Broward County Agriculture A-1 LAND USE Parks and Recreation PARKING Parking requirements based on proposed use SETBACKS 50 feet from any lot line BUFFERS See Chapter 26 of the City Code HEIGHT 35 feet maximum DRIVE-THROUGH Not permitted in A-1. LOADING Based on proposed Agricultural Use OPEN SPACE 40% IMPACT FEES See attached CURRENT MORATORIA None at this time PLATTED Platting required DEVELOPMENT PROCESS Based" on proposal for commercial/drive-through use, Platting, City LUPA, County LUPA, City Zoning Change, Special Exception, Variance, and Site Plan Review and approval required. TIME FRAME 1 - 2 years due to platting/LUPA TREE MITIGATION See attached copy of City of Dania Beach Code of Ordinances, Chapter 26, and Article 26-11 through 26-29. "Broward's First City" 100 West Dania Beach Boulevard, Dania Beach,Florida 33004 Phone: (954) 924-3600 ww vdaniabcachfl.gov CITY OBJECTION TO FDOT Contact Public Services Director at ACCESS 954 924-3740. ROW ISSUES Contact Public Services Director at 954 924-3740. UTILITIES AVAILABLE Contact Public Services Director at 954 924-3740. MASTER OR OFF-SITE DRAINAGE. Contact Public Services Director at 954 924-3740. There are no active code violations on the property at this time. For additional information regarding the fines or code violations please contact Code Compliance Office at (954) 924-3790. Your proposal requires several discretionary approvals, including City/County platting (re vehicular access), Broward County LUPA, as well as City LUPA, rezoning, special exception, variances, site plan review (discretionary in terms of variance and special exception) and tree preservation/relocation. As such, this letter does not confer any rights or approvals or any expectation of rights of approvals. This letter is intended only to provide information regarding the current zoning designation of the property, and is not intended to be a substitute for a comprehensive review of city codes and ordinances. You are advised to check all zoning and building code requirements prior to purchasing any property in the City of Dania Beach. If you have any further questions, please contact me at (954) 924-3704. Sincerely, Corinne Lajoie, AICP, Pnnapal Planner APPROVED AS TO FORM Laurence Leeds, AICP, Director, Community Development Enclosures 39-246 BROWAM COUNTY CODR and Rural Ranches land use designations of the certified Future Unincorporated Agricultural,Estate Area Land Use Element of the Broward County Comprehensive Plan with limited community facilities and utility facilities permitted to serve this neighborhood. (Ord.No. 1997-29,11,7.8-97; Ord. No.2000-38, 124,8-22.00) See. 39.247. Agricultural zoning districts. o!this coda: The following shell constitute agricultural zoning districts for the purposes 71tis District Agricultural Estate A-1 General Agricultural A9 (Ord.No. 1991-29911,7-6-97) See. 39.249. Density16 density In all bedtion 9 26 ofto a this articl exceeding 1 dwelling unit per 2 net acres No agricultural zoning&strict of plot area,except provided (Ord.No. 1991-29,11,7-8-97) Sea 39.249. Uses permitted Plots in agricultural districts may be used for one or more of the following specified uses: Hey to abbreviations- P■Permitted NP■Not Permitted C■ Conditional A-1 A-2 Permitted Uses P P 1-family detached dwellings p Nonprofit neighborhood social and recreational facilities P Places of worship and accessory schools and day care centers PP P Community residential facilities p Crop raising and plant nurseries(commercial and noncom- P mercial)with on-premises sales limited to crops or plants grown or cultivated on the plot where they are being sold, and related landscaping materials incidental to such sales P P Essential services p p Fish breeding(commercial and noncommercial) C C Outdoor events (subject to Section 39-238) P P Animals (subject to Section 39-245) P p Veterinary clinics(no overnight stay or animal rune) NP P Veterinary hospitals NP P Kennels,commercial boarding and breeding Permitted accessory uses to a 1-family dwelling est house or servants' quarters (no kitchen) P P Detached guts' C C yard sales 3upp.No. 1 CD39:138 - ZONING 1 39-254 Permitted Uses A-1 A•9 Home offices C C Family day can homes p p Horse boarding stable p p Commercial equestrian operations P P Any other use naturally and customarily associated with any permitted use shall be considered accessory to the above,provided the accessory use is clearly incidental to,subordinate to,and subservient to the permitted use it serves. (Ord. NO. 1997-29,11, 7-8-97,Ord. No. 1999-39, 13.8-22-99) Sea 39.280. Uses prohibited. Any use not expressly permitted in section 39-249 of this article is prohibited. (Ord. No.1997-29,11, 7-9-97) Sec. 39-251. Minimum plot dimensions. (1) Any plot in an agricultural district shall have at least one dimension of 250 feet, (2) Any plot recorded as a single plot in the public recorde of Broward County,Florida,as of December 31,1992,or which becomes undersized or oversized due to a district or regulation change or due to any easement or right-of-way dedication or vacation, may be used for a permitted use subject to all other limitations and requirements of this code. (3) Any plot occupied or to be occupied for a permitted nonagricultural, nonresidential use shall be a minimum of two(2)net ease,except for wireless communication facilities. (Ord. No. 1997-29, 11, 7-8-97; Ord. No. 2000-36, 128,8.22-00) Sea 39.252. Maximum plot size for nonresidential and nonagricultural uses. All permitted nonresidential and nonagricultural uses shall be limited to plots a maximum of five(5) acres in net area. (Ord. No. 1997-29, 1 1, 7-8-97) Seo. 39.153. Plot coverage. The combined area occupied by all buildings and roofed structures shall not exceed twenty percent (20%),on portions of plots not occupied by a farm containing other than nonresidential farm buildings and structures. (Ord. No. 1997-29, 1 1, 7-8-97; Ord. No. 2001.18, 1 11, 5-22.01) See. 39.254. Height. No building or structure,or part thereof,excluding farm buildings and structures on portions of plots occupied by a farm,shall be erected or maintained to a height exceeding thirty-five(38)feet, except as permitted by section 39-103,exclusions from height limits, and section 39-102, wireless communication facilities. (Ord. No. 1997-29, 1 1, 7-8-97; Ord. No. 2000-36, 120, 8-22-00; Ord. No. 2001-18, 1 12, 5-22-01) I Supp.Na t CD39:139 TABLE F-1 2009 DAILY PROJECT ASSIGNMENT OAKWOODS CENTER LUPA er9w.9 o w 6LD Om39500 C 10% 9 0.0% No wto pm 61D N,24q "'NO) D 1m 9 0.0% No .0. 10 611) Wm— 39500 D 10% 9 00% No to 4n va 61.0 N200 N009 D 1.0% 9 O^ No nto v6 6LD 492W 4&= D 10% 9 0.0% No aab 6LD wmo Oo0 D 46.0% 4U 0.9% No Stirling Rd -9ea 6LD 49,2W Q,= D 92.0% el9 1.T1 No to 6LD 49= Q500 D 9Z.0% ell 1.)% No fro 4 M wwaP 6LD 49m Q50o D wm BlS Lm No v o wway 10 ryao 61-1) O'm Q500 D 7.0% H 0.1% No ryae to ooX 6LD 49,= Qe11 D 6.5% w 0.1% No PNppen ReW bU91 6LD w,f9d Q,617 D 65% w 0.1% No Nano/9outb ShMdan&1o944R Rd 6L% 1e;600 399,000 P 16.0% 493 OR No 1Ad 944RnR Rd to Gallliry Ad btR 1BE,600 ]81,000 P Q.0% 414 O2% No SWISAvNUakwood Rlvd Ift.adstirilaslal 4L 11,TD 10% 9 0.0% No U91 9eeddan 914o3WRry Rd 4L 1;100 M,1Q P 315% 10 0.1% No 914RnRRdlo Dn/MRRd I 4L L 1;Tlo 39,500 P 3.25% 10 0.114 No V TUOTIWwTIW_01UnYpes4IGNIRCANT TAKES OANWCOM CENTER.A TABLE E-2 2009 PM PEAK PROJECT ASSIGNMENT OAKWOODS CENTER LUPA W/WM W,�% 6LD 1680 3616 C 93% -1 0.0% No 6LD 1 361d C 13Y -t 0.0% No 6LD I,610 3,61! C 75% -1 On No 1600 930 D Bll% 1 On No 6LD 6600 J930 D am .1 On No 6LD 1,680 3,930 D Wn 3 4.1% No SH,Hnp Rd 6LD 6 3930 D 9].0% 4 U2% No 6LD 1M w C 930% 9 O3% No vto, 6LD 1m 3560 C 9l0% 4 L2% No 6LD 1m ]560 C 60% .1 on No 6LD 1m ]560 C 53% .1 On No 6LD I16B0 3,560 C 5.5% A O.0% No NON/Sw0 N! 9bAdu 81b 9tldb0.Rd 6LN 16980 25,]50 I 120% ♦ On No 9tldlo0.ldb GNflryW 6U! low L,B30 I 13.0% ♦ On Ne SW IB AvNOEIwwd Blvd 9wMM9tldinp Rd dL 2.ON In 0 00% No D91 9Buldm Slb9WWL0.M IL 3,110 3,2d0 B 2.05% O 1 00% No 9tldin0.gbGNNn0.0.d 6L 3,110 1,1W y 2.60% 0 On NO I :) V SVU71WL011�01N0W,*,4951GN6CANT TABLES OAMNW09 CENTER tlL HSQ GROUP, INC. Consulting Engineers • Planners • Transportation 299 W.Camino Gardens Blvd., Suite 301 Boca Raton, Florida 33432 (561)392-0932 Phone • (561)392.2760 Fax April 18, 2007 (Via Fax) Mr. Dominic F. Orlando, P.E., Director of Public Services CITY OF DANIA BEACH Public Works & Utilities Department ,4 1 100 West Dania Beach Boulevard Dania Beach, Florida 33004 JUN 1 t JH7 Re: OAKWOOD5 HSQ Project Number. 0703-08 Location: City of Dania Beach, Broward County, Florida Section 33 /Township 50 South / Range 42 East Dear Mr. Orlando: Our office is working on a new project which is located within the City of Dania Beach. The developer is proposing to construct approximately 17,000 square feet of commercial retail space within a 1.78 acre site. The property is located at the northeast corner of the intersection of Stirling Road and Southwest 180i Avenue. At this time we would like to request a water and sewer availability letter from your department for the above referenced property. Please include the following items in the letter: 1. Location and sizes of existing water mains, gravity sewer mains and force mains within the subject area. 2. Capacity issues and possible required upgrades regarding existing water systems, sewer systems and downstream lift stations. Attached you will find a copy of the location map and proposed site plan for this project. Thank you for your assistance in this matter. If you have any questions or require additional information, please do not hesitate to call our office. Sincerely, HSQ GROUP, INC, ntonio Quevedo, P. . ZAProjects\2007\0703-08 Oakwood Shoppes\Correspondence\070308-W&S Service Letter.doc IL YYYYYYY lilt r ( If d ! ! I ! ! ii I j o i i T z ii i 4• •11 / O - ---- I e -- - - { '3AV419 •M'S r i ................. i . • i I i i . i I i i � i N N a � a 0 ' 0o W M W h Z ZM Z F W NU Q rn o W' p IU W ZtoN p . _ _ . _ . _ . _ . _ . _ _ . _ . _ . _ . _ . _ . _ . _ . _y O N O 3nN3nd H181 A'S O Z Z HZ! O ` Uu0 W ' C9 I I ILn O W Z S6-1 o pVOa OOOMSN3h`d i! N 0 r � E �� ;x W e ?M 2 F z ® U O CN �F U W N r B RCCa 1 COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT-Dolo9kal Reacune,Divebn I l MIMM9 Addril" 115 S"Andrews Avenue,Room A-240-Fod Lauderdale.FIDWs 33301 951.519-1230•FAX 954-519,141P i May 31,20,07 I Phillip R.3immsti 8r Associates,Inc. CIO Ms.Karin L.Melton 12730 SW 12a Court Davie,Florida 33323 Re:Jurisdictional Determination,approx.1.74 acre site Folio No:504233000630 NE corner of Stiriiag Road and SW 18'Avenue Section:33 Township:50 South Range:42 East EPD File No. WD0704-M Dew Ms.Melton: Based on information on file with this office and a site visit conducted on May 9,2007 it was determined that,at this time,them are no Department jurisdictional wetlands on this site.This letter does not constitute a waiver of review by the Land Use and Permitting Division of this Department prior to construction or other activities. This determination was made according to the Natural Resource Protection Code definition of Regulated Aquedc and Wedand Resources and Section 27-334(e),which incorporates the wetland delineation methodology ratified by the Florida Legislature and implemented in 62-340 F.A.C. he the event of a conflict with a delineation conducted by the Florida Department of Environmental Protection or the South Florida Water Management District pursuant to 62-340 F.A.C.the determination of said Agency will be the controlling delineation. This determination is valid for a period of no more than two(2)yews from the date of this letter. Removal of exotic vegetation would not require a permit from this agency. Other activities, e.g. lake or canal excavation,regulated under Article XI of the Natural Resource Protection Code,may require a license. The applicant is encouraged to contact the Department at the earliest convenient time to discuss licensing requirements. This letter does not constitute a waiver of review by the Development Management Divislou of this Department or the City of Plantatiou prior to clearing and grabbing. Please be advised that you may also have wetlands and/or other waters of the United States on your property,which would require receipt of a Department of Army(DA)permit prior to any dredging or filling activities.Please be aware that receipt of a state or local govemmen t permit does not obviate the need to obtain a DA permit prior to commencing work.For more information about the DA Regulatory Progmm,you may access the Corps•website at: hllp//www ai yaarr ar nv m llQerm id'nder hl l You may also contact local Corps regulatory office for additional information atone of the following numbers:(561)472-3508,(561)472-3506 and(561)472-3517. If you have any questions,please contact meat the above address. Sincerely, Linde Swderlen Wetlands Resources Section CC: Frontier Development LLC,Owner Georgia Vince,DEP Barbara Conmy,SFWMD Leah Oberlin,ACOE Ivan Pato,City of Dania Beach 8—W County Board of County Conwri ationen J~ta E990aeon,Jr•Sue Gwubx9e,•K.M D.Jaooba-Kan Kowni•Mena LI W A• Stacy Raw-Jaw E.aodabom,Jr•Nara Wayemyn.Ruan-Las W-ler wwrJ.N9wamory s ---- Ij CID • N 3 W • • • F •� i� - In • • o iP ro A g •z co • LLI 77 b �.'� F•' Iy.f ' rk v4l ��.� r. . y J� ,r LU-37-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT Date: September 11, 2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33D04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the g& Commission for the purpose of hearing any comments which might be made to the following request Applicant: Attorney Keith Poliakoff with the firm Becker&Poliakoff, representing the prop- erty owner Robert Krilich,Sr.of Oakbrook Realty&Investment, U-C.,is requesting a Future Land Use Plan Amendment. From: "Parks and Recreation" To "Commercial" Location: Property is generally located at the Northeast corner of Stirling Road and Southwest 1 Bth Street in Dania Beach.. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE FIRM BECKER&POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH; SR. OF OAKBROOK REALTY&INVESTMENT,LC.,TO REDESIGNATE FROM"PARKS AND RECREATION"TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST , DANIA BEACH AND LEGALLY b SCRIBED IN E STIRLING XHIBIT KAAAND N,,ATMCOPYTOFTWHICHEIS ATTACHED TO THIS ORDINANCE;PROVIDING FOR.CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. r u t For information about changes to the City of Dania Beach's Land Use Map, contact 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 i with respect to the proposed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to par- ticipate in an 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 meet- ing 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 tes- timony and evidence upon which the appeal is to based. jl Lou Ann Cunningham — Published:Friday,August 31, 07 APlanning Associate A, 20 CITY OF DANIA BEACH Agenda Item # �. Agenda Request Database IMF Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-023 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER&POLIAKOFF,REPRESENTING THE PROPERTY OWNER ROBERT KRILICH,SR.OF OAKBROOK REALTY&INVESTMENT,LLC.,TO REDESIGNATE FROM'PARKS AND RECREATION'TO'COMMERCIAL'CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH STREET,DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE', PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-37-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty & Investment, LLC, is requesting a Future Land Use Map Amendment for the property located at the north east corner of Stirling Road and SW 18 Avenue. Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhi i bt8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Attorney Keith Poliakoff with the law firm of Becker & Poliakoff, representing the property owner Robert Krilich, Sr. of Oakbrook Realty& Investment, LLC.,has made an application to amend the local future land use plan for property generally located at the northeast corner of Stirling Road and Southwest 18t° Street in Dania Beach; and WHEREAS, the City Commission desires to approve such application; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TIl STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That City staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. 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 2 ORDINANCE#2007-023 EXHIBIT 'A' Legal Description: A Portion of the West 1/2 (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast comer of said "Hilton Gardens at Stirling Road", said point being on the East line of the West '/2 (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest Y4 (Sw '/4) of the Southeast Y4 (Se '/) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the are of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 See East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet(1.7642 Acres.) 3 ORDINANCE#2007-023 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 11, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C. �_ Corinne Lajoie, AICP, Principal Planner SUBJECT: LU-37-07/PL-36-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty & Investment, LLC, is requesting a Future Land Use Map Amendment and a Perimeter Plat for the property located at the north east corner of Stirling Road and SW IS Avenue. FUTURE LAND USE AMENDMENT The applicant has requested amending the Future Land Use Map from the "Parks and Recreation" to "Commercial". The Parks and Recreation designation dates back to 1980, when the Audubon Society owned the property. Audubon sold the property to the present owner, Oakbrook Realty & Investment, LLC in 1999. Broward County tried to purchase this property in 2001 - 2004 for public open space but negotiations with the property owner failed. The applicant has submitted a wildlife inventory as per the City's wildlife protection ordinance (included in backup). Zoning, future land use, and existing land use of adjacent lands are shown below. ADJACENT Zoning Future Land Use Existing Uses SITES Ma North Commercial C-2 HOTEL Hotel South City of Hollywood COMMERCIAL Restaurant East C-2 & IROM COMMERCIAL Retail Sales West Commercial C-2 COMMERCIAL Restaurant PERIMETER PLAT The plat consists of a single parcel, with access off both SW 18th Avenue and Stirling Road. Broward County requires the dedication of 25 feet along SW 18th Avenue and installation of an eastbound right turn lane along Stirling. The plat is restricted to a 20,000 sq. ft. retail center or 29% of the net site area after ROW dedication. Based on County ROW, city parking, and city landscape requirements, building size is anticipated to be 15,000 sq. ft. or less pending site plan review. PLANNING AND ZONING BOARD RECOMMENDATION Land Use Plan Amendment: Approval of "Commercial". Preliminary Plat: Approval, subject to the following issues being addressed prior to second reading of the plat: 1. Letter acknowledging that no site clearing, grubbing, or tree removal is permitted without city permits. 2. Plat to indicate utility easements. 3. Approval by Pubic Services Director. Page I of 1 Loftier, Christine From: Leeds, Larry Sent: Wednesday, August 29, 2007 1:08 PM To: Lottier, Christine Subject: FW: Oakwood Plaza Attachments: Oakwood Environmental Report.pdf Print attachment; goes into backup for Frontier LUPA. Laurence Leeds, Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 954-924-3640 I leeds@ci.dania-beach.f L us From: pjeco@bellsouth.net [mailto:pjeco@bellsouth.net] Sent: Wednesday, August 29, 2007 11:20 AM To: Leeds, Larry Cc: Troy Holbrooke; Keith Poliakoff Subject: Oakwood Plaza Larry: We have added a wildlife element to the Environmental Report that we sent you for review. Let me know if this is sufficient to be in compliance with the ordinance. Phil Jimrusti Phillip R. Jimrusti &Associates, Inc. 12730 S.W. 12th Court Davie, Florida 33325 Phone: 954-370-8870 Fax: 954-476-9256 Cell: 954-684-4728 E-Mail: pjeco@bellsouth.net 8/29/2007 RECONNAISSANCE LEVEL FIELD Mvlcrv1ViNT FRONTIER DEVELOPMENT PROPERTY Broward County City of Dania Beach, Florida Section 33, Township 50 South, Range 42 East PREPARED FOR: FRONTIER DEVELOPMENT, LLC MARCH Jr 200 BY: *NATUREINTENDE HILLIP R. JIMRUSTI & ASSOCIATES, INC. ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 12730 S.W. 12th Court DAVIE, FLORIDA 33325 (954) 370-8870 FRONTIER DEVELOPMENT PROPERTY INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this 1.74-acre tract of land located north of Stirling Road, east of SW 181h Avenue, City of Dania Beach, Section 33, Township 50 South, Range 42 East, Broward County, Florida. The parcel was surveyed for compliance with the South Florida Water Management District Basis of Review, Broward County Ordinance No. 93-49, section 27, and the City of Dania Beach "Tree Preservation" Ordinance (Chapter 26, Article 2) and "Wildlife Protection" Ordinance (Chapter 29, Article 4). The site was investigated to identify native vegetative communities, determine the viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission (FGFWFC), and the Florida Department of Agriculture. The site is bordered by paved roads on the south and west sides, by agricultural development on the east side, and by commercial development on the north side. The entire site is wooded, but appears to have undergone hurricane damage. A tree survey of the property was conducted by Phillip R. Jimrusti and Associates, Inc. on March 5, 2007. Because of the hurricane damage and infestation of invasive vines, it was difficult to tell if some of the canopy vegetation was alive. Approximately 20% of the trees were uprooted, had broken trunks, structural damage or lost major limbs. The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed for agricultural, commercial, or residential purposes. VEGETATION The canopy vegetation consists of tropical almond (Terminalia catappa), cabbage palm (Saba) palmetto), sea grape (Coccoloba uvifera), lead tree (Leucaena leucocephala), ficus (Ficus spp.), six gumbo limbo (Bursea simaruba), Brazilian pepper (Schinus terebinthifolius), one black olive (Bucida buceras), three red bay (Persea spo.), one Christmas palm (Veitchia merrillii), live oak (Quercus virginiana), and strangler fig (Ficus aurea). The understory and groundcover consists of catbriar vine (Smilax spp.), snake plant (Sansevieria hyacinthoides), philodendron (Philodendron spD.), syngonium (Svngonium podophvllum), life plant (Kalanchoe pinnata), air potato (Dioscorea bulbifera), wild coffee (Psvchotria nervosa), Virginia creeper (Parthenocissus auinouefolia), bidens (Bidens alba), Surinam cherry (Eugenia uniflora), cocoplum (Chrysobalanus icaco), grape vine (Vitis rotundifolia), myrsine (Rapanea puncyata), orange tree (Citrus sinensis), shoebutton ardisia WorMPRJ DocumentslFrontler Development Property,EA 2 FRONTIER DEVELOPMENT PROPERTY VEGETATION (continued) (Ardisia elliptical, dog fennel (Eupatorium capillifolium) and various grasses and forbs. SOILS The US Department of Agriculture, Natural Resources Conservation Service Soil Survey of Broward County indicates that the substrate of the property consists of Dade Fine Sand (Dd). Dade fine sand is a nearly level, well drained sandy soil on slightly elevated flatlands in the southeastern part of the county. Soft limestone is at depths that average between 20 to 40 inches. Most of the acreage of this soil lies within areas that are being developed for urban uses, to which this soil is well suited. There appeared to be no hydric soils present. WILDLIFE In accordance with the "Wildlife Protection" Ordinance (Chapter 29, Article 4), conditions on the site were assessed by walking a series of pedestrian transects across the property on five different occasions and thoroughly examining the parcel for indicators of animal habitation. The methodology utilized was to look for signs such as scat, hair, burrows, tree scrapings and dens. None were observed. The only wildlife observed were several transient common grackles (Quiscalus ouiscula). Based on previous studies of animal populations within these communities, the following is a list of probable animal species that could inhabit the site but were not observed during several site visits: Table 1: State and Federally Listed Species that could occur j on the subject property. Protected Species Common Name Scientific Name State i Federal .._.._.._. ..... ......._._ . .. __._ _....._._. ..... ._ Reptiles Green anole Anolis carolmensis . ., n/a n/a I Brown anole .Anolis sagrei ', n/a n/a j Six-lined racerunner Cnemido horus sexlineatus n/a n/a i Birds `Ground dove Columbia passenna n/a n/a -Mocking bird Mimus polygloltos We n/a _..._.._. .___.. .. ...... ......_....... _ ~..Mourning doves Zenaide macroura n/a n/a --------- ............. WwcPPRJ DocumentsWrontier Development Property,EA 3 Table 1 (Continued) . I Mammals Nine banded armadillo Dasypus novemcnctus n!a i n/a i Gray squirrel Sciurus carohnensis n/a i n!a ',Opossum Didelphis vurginiana n/a n/a Raccoon Procyon lotot n/a { n/a Amphibian I Oak toad Bufo queroicus n/a n/a i E = Endangered SSC = Species of Special Concern T= Threatened n/a = Not Listed Since no animals or signs of animals were observed on this urban parcel, a detailed budget, cost estimate or action plan should not be required for the City of Dania Beach. CONCLUSION This site is located in a highly developed urban area. The high infestation of invasive vines and exotic plants has reduced the native habitat, making it difficult for any animals to exist. It is also difficult for animals to access the property due to a 6' high chain link fence that surrounds the parcel. Most species of animals would not be able to satisfy their range requirements on this small urban parcel. No standing water is present on the property or nearby. Fresh water is essential for most mammals and many species need water to drink and forage for food. Others animals such as amphibians require standing water to complete part of their life cycles. No rare, threatened, endangered or species of special concern as listed by the Florida Department of Agriculture, the Florida Game and Fresh Water Commission (FGFWFC), and the U.S. Fish and Wildlife Service (USFWS) were observed on the property. No wetlands were observed on the site and confirmed by Broward County Environmental Protection Department (BCEPD). The habitat value is rapidly diminishing due to the extensive infestation of exotic vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. Word%PRJ Documents%Frontler Development Property,EA 4 ITEM 11.1 WAS HEARD AFTER ITEM 5.6. ITEM 5.7 WAS HEARD AFTER ITEM 11.1. 5.7 Broward County Land Preservation Program. Laurence Leeds, Growth Management Director, explained that the City was presented several sites by Broward County on June 16, 2001, as a result of the Broward County Land Preservation Bond Program. Broward County requires confirmation from the City on whether it would be willing to assume management responsibilities of Sites 137, 299A and 143. Mr. Leeds provided drawings and described the location of each site. Scott Parker, Broward County Department of Planning, was present to advise the City Commission that Broward County would attempt to acquire the sites and provide 15% of the purchase price to cover initial restoration and stabilization of the site. Once a willing seller is attained, appraisals of the property would be conducted. Mr. Parker stated that the City needs to confirm whether or not they wish to assume the ongoing maintenance of the properties should Broward County acquire the lands. Site#137(8 acres) Randy Wilkinson, Parks & Recreation Director, advised that Site 137 could be used as a passive park and would require basic maintenance costs on the City. Commissioner Bertino expressed concern for security of a wooded site and City Manager Pato advised that he would request BSO to patrol the area. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to assume site management responsibilities of Site 137. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Site#299 A(1.88 acres) Laurence Leeds advised that 299A was previously owned by the Audubon Society and that Site 299E was approved for a hotel development. Mr. Parker advised that sites are only pursued as long as there is a willing seller and that 299A and 299B are close to other sites to the southeast that Broward County is attempting to acquire. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the acquisition and management responsibilities of Site 299A. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertiro-yes Vice-Mayor Chunn-yes MINUTES CITY OF DANIA BEACH 5 JANUARY 2$ 2002 Commissioner McElyea-no Mayor Flury-yes Site#143A(10 acres) Commissioner McElyea suggested that the parcel would be a good location for a park for the residents in the newly annexed area. Commissioner Bertino clarified with Mr Parker that the entire 10 acres would be acquired by Broward County or Broward County would not pursue the site. A motion was made by Commissioner Bertino,seconded by Commissioner McElyea, approving the acquisition and management responsibilities of Site 143A. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 8. PROCLAMATIONS: 6.1 Proclamation declaring January 23, 2002, "South Florida Senior Games Day" in the City of Dania Beach. City Manager Pato read the proclamation in its entirety. ITEMS 7.4 AND 7.7 WERE PULLED FROM THE CONSENT AGENDA. 7. CONSENT AGENDA(INCLUDING EXPENDITURES): Bills 7.1 Approval of bills for the month of November, 2001. Minutes: 7.2 Approval of minutes for January 8, 2002, regular meeting. Travel Expenditures: None Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-125,WHICH RESOLUTION AMENDED ITS GENERAL FUND BUDGET FOR FISCAL YEAR 2000-2001, BY REDUCING CERTAIN REVENUE ESTIMATES AND BY BORROWING $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND, SO THAT THE LOANS OF $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND TO THE GENERAL FUND ARE RECLASSIFIED AS INTERFUND TRANSFERS, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . MINUTES CITY OF DANIA BEACH 6 JANUARY 22, 2002 ( CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - _ ROUTING SHEET Route oats Proleq 'OAKBROOKINVEST3REALTY PLATILANO U9 _ JIJ , 7 2u07 ZLog ' -3e-07 --- -._--- f iLU 37-07 USE I 4 . — ------- :''1 r• :,;! .1 y Folio 15042330pp030 ---- - PLEASE REVIEW —J ;� ,,. In COMMUNITY DV THE ABOVE REFERENCCD P ,OR C I r EVE DIRECTOR'S STAFF RECOMMENDATION TO BOARD AND CITY COMMISSION. �1EIVT' OBE INCORPO THANK YOU. THE PLANNING RATED IN THE Route via: AND ZONING Mail❑ Pick UP y�J • �" Fire Marshal In-house ❑ Landscape Public Services ❑ � Planner❑ BSO ❑ Other Consultants ©CpA Approved as submitte ".t, _ �."`?"' rr + •---_, .�, . Comments must address Prior Denied F f to PZ/Commission hearing rl Approved w/conditlons �� r� ��.►tC�l►� List Conditions 1\ �J owl Signature o Date Print Name ` u Calvin, Giordano & Associates, Inc. EXCEPTIONAL SOLUTIONS June 25,2007 Mr. Dominic F. Orlando, P.E. Public Services Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Plat Review—Oakwood City of Dania Beach Ref.: PL-36-07, LU-37-07 CGA Project#97-1826.58 Dear Mr. Orlando, We have no objection to the proposed plat and land use amendment. We have provided a checklist of our engineering site plan requirements for the applicant's reference and perusal. Please let us know if you have any comments or questions. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no financial or professional interest in this projector with the entity making this site plan application. Sincerely, Engineering Construction Engineering CALVIN, GIORDANO & ASSOCIATES, INC. & Inspection Transportation Plan nog Municipal Engineer p Wing % & Traltic Engineering Surveying& ,dapping John Messerian, P.E. Planning Director, Municipal Engineering Landscape Architecture & Environmental Services Construction Scrv;ces I concur with the above noted comments. Indoor Air Quality Data Technologies & Development Dominic F. Orlando, P.E. Emergency .Management //'ppp��I\\\blic Services Directo Services / 1 I I A-1 6 `� l/.'i/ 2i3 �Zvo S Eller Drive, Suite 600 22 ignature Date Fort Lauderdale, FL.3 3 316 Phone: 954.921.7781 Fax: 954.921.8807 wtvw.calt,rrgiwdano.cum Fort Lauderdale West Palm beach Orlando Fort Pierce Homestead City of Dania Beach Ref. No. P1-36-07 L U-37-07 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Oakwood Project Address: NE corner of Stilrling Rd amd SW 18'"Avenue, Dania Beach Name of Owner: Oakbrook Realty& Invest, LLC Name of Applicant: Keith M. Poliakoff, Esq. Applicant's Address: 3111 Stirling Road, Fort Lauderdale, FL 33312 Contact Number: 954-985-4183 Submittal Requirements i ❑ A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ❑ Stormwater Calculations and copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ❑ Soils Report ❑ Lift Station calculations, if applicable. ❑ Utility agreement for water and sewer line extension, if applicable. ❑ Complete set of Civil Engineering plans as described below. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1"=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ❑ Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, backflow preventers, storm sewer systems, catch basins, headwalls,junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ❑ Typical cross-section of proposed construction. ❑ Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ❑ Provide preliminary grading plan. ❑ Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ❑ Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ❑ Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ❑ Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ❑ Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Reviewed by: John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ------ ROUTING SHEET RouteDats enyaoo7i Profect DAKB CJ-- + LLI,::j77 )fin' PZ Log LPL-341:4 _.--- ROOK INVEST --- LU•37-07 c' LPLAT/LAND USE AMENDMENT i Jl i� �� Folio 504233000g30 -- _ - - PLEASE REVIEW THE ABOVE '9 REFERENCEDCOMMUNITY BOARDAND :1EVELOPMENT I`------- _DIRECTOR'S S7 TO BE INCORPO COMMISSION.THANK YOU. THE PLANNING AND DIN THE Route via; Mail Pick Up Fire Marshall In-house❑ Public Services ❑ Landscape (.1 _.... .. . Plan BS rJ �._ O .• ,.. ��. rar u / „_. OtherConsultants L-!CGA APproveda3submittedy� - Denied Comments must addrosa prior to PZ/Commission hearing Approved w/conditions ❑ '^'"�.• 4%* I � r List Conditions '!"U1 /g"4JA Date Print Name X I I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 8I1y2007 �� y t]w L09 pL-3/-07 ------ Project OAKBROOK INVEST&REALTY 2 J" 1 �LU.37-07 7L07 �- -- ----I PLATI LAND USE AMENDMENT olb 504233000930 PLEASE REVIEW THE ABOVE REFERENCED PR ��Qq Vag qq(�� n in " - ---_� COMMUNITY DEVELOPMENT DIRECTOR'S STAFF bbdCOMh1p T BE INCORPORATED IN THE BOARD AND CITY COMMISSION.THANK YOU, c:_.__. PLANNING AND ZONING Routs Via: Mail ❑ Pldr Up '-]- In-house Fire Marshal❑ Landscape❑ Public Services❑ BSO ❑ Planner Other Consultants ❑CGA Approved as submitted 17 Denied Comments must address prior to PZ/Commission hearing --' Approved w/conditions I List Conditions I Signature Date 0-7 Print Name sr _ X Oakbrook Investments— PL-36-07/LU-37-07 6-12-07 Corinne Church, (954)924-3704 ZONING REVIEW 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. actors h its bshar,-theref®, �N correspondence wiW be.directly.wXLWa4=perU*zma"ess authodza+lo�s 3. Must provide Broward County plat comments prior to the first public hearing. 4. Must obtain tree removal permit prior to any trees being removed or relocated. 5. Provide copy of proposed plat showing property lines, utility easements, NVAL, roadway dedications, note restrictions, etc. p �c�r� od� June 13, 2007 'Juu 2 s 20 7 Ms. Corinne Lajoie,AICP c/o City of Dania Beach Community Development Department 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: Folio No.: 504233000630 Dear Ms. Lajoie: This letter is to certify that Keith Poliakoff and Neil Schiller of Becker&Poliakoff,P.A., are authorized to make any and all applications to the City of Dania Beach, Florida and Broward County, Florida regarding the property referenced above. I am a duly authorized officer of Oakbrook Realty and Investments, LLC. Please feel free to contact me if you have any questions. Sincetel , - / K�f� I o ert / ch, Sr. Liu"" Sign Name of Notary Public Print Name of Notary State of Flon-d t C J�k nf7 r6w -'4 Commission Expires: y — a o l 0 FTL D18: 10544861 (vim g'""rid LAURAaDUMN MY COMMISSION 1 DD 506137 \ EXPIRES:ApN 17.2010 ti1?,M �TM��.nacawan„r. O ^U 0A �� City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 General Development Application ❑ Administrative Variance a_AssignmentotFiax/ReserveUnits- -- __ .._-_.__ ------._ --------._. -----_ ___ Chi��Use Amendment G❑( Plat Delegation Request Date Reed: + "�' ❑ Rezoning ( � r r,atJ ❑ Site Plan ❑ Spacial Exception J" 1 120 Petition No.: ❑ special Request ❑ Traffkway waiver r ❑ VarianceC Cl Vacation Request - -'3— ❑ 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 appllcatlons, 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: Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s):504233000630 Legal Descriptlon:33-50-42 W 1/2 of SW 1/4 of SW 1/4 of SE 1/4 Less PT IN OR 3760/15 and Less revised Stirling Road R/W Applicant/Consultant/Legal Representative(circle one) Keith M. Poliakoff, Esa. Address of Applicant:3111 Stirling Road Fort Laudgrdal a FL 33312 Business Telephone: 954-985-4183 Home: Fax: 954-985-4176 Name of Property Owner: Oakbrook Realty & Invest LLC Address of Property Owner: 1000 Royce Blvd. , Oakbrook Terrace, IL 60181 Business Telephone: 305-692-9992 Home: Fax: 305-692-3032 Explanation of Request: Please see attached. _ Prop. Net Acreage: Gross Acreage: 1.74 Prop. Square Footage: 16,000 Existing Use: Vacant Proposed Use: Retail Is property owned individually, by a corporation,or a joint venture? rorpora ti on I underst d that site plan and variance approval automatically expires within 12 month I ission approval ursuant to Ordinance No. 2005-040. plica ner signature Prin Name Date �U OqNgqkTA t,_Q_,LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representattve: This I -_day of 20-q Signature:,� Date: GT�s7 Sign Na BWR (Print Name) State of( 4 O Keith M. Poliakoft',Esq. t�.�T.yrwe. @*Mm l Becker&Poliakoff,P.A. 3111 Stirling Road Print Name of Notary Fort Lauderdale,FL 33312 Phone: (954) 985-4183 Fax: (954) 985-6814 Commission Expires: Seal: Telephone No. &Fax No. 1, INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I have Ca authorized (Applicant/Consultant/Representative) 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 (AppikwtlConsultanyRepresentauve) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: OAKBROOK REAL7 & INVESTMENTS, LLC This day of 2?L* 20 0 2 Signature: Date: �l /I o 4,Sr (Print Name) 7�aca /!'1e -s 6 e/ gn Name of Notary Public (Print Title) State of(f40tj�e-&4) c� Pr t Name of Notary Street Address, City, State and Zip Code Jong&Rlcs C Telephone No. &Fax No. See Expires November 21,2007 8"*dTroyF*.hwrs.ft e0b71670N 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 (Appllcant/Consultant/Representadve) 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. Emerald) :e Corporate Park 3111 Stirling Road Fort Lauderdale,Florida 33312-6525 R Bf.C.i<E Phone: (954)987-7550 Fax: (954)985-4176 BEC A I� �� US Toll Free: (800)432-7712 V A V Mailing Address. P.O.Box 9057 L / Ft.Lauderdale,FL 33310-9057 1 lq ADMINISTRATIVE ornEE ' ' '��f Reply TO: 3111 STIRLING ROAD June 11, 2007 , �J'4 J Fort Lauderdale FORT LAUOERDALE,FL 33312 Neil M.Schiller,Esq. 800.432.7712 U.S.TOLL FREE 1 JUIv 1 .I 2007 Direct dial: (954)995-4117 NSchider@becker-poliskoff.com MANM.RECKER-POLIAKOFECOM I SP®BECKEIPPOLIAKOFECOM BY HAND f y� �Ryy'.. 'iJ LIRA Ms. Corinne Church The City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Land Use and Plat Applications for folio #504233000630 Dear Ms. Church: FLORIDA OFFICES BOCA RATON I am pleased to present a land use amendment and plat applications for the FORT MVERS property that corresponds to folio #504233000630, located in Dania Beach, FORT WALTON BEACH Florida. Included in our application is the following: HOLLYWOOD HOMESTEAD • Dania Beach General Development Application—Completed LARGO IS Narrative that supports the application MELBOURNE• IS Necessary traffic studies (Sections F — Transportation and G — Mass MIAMI Transit) NAPLES • A copy of a water—wastewater request from the City ,RLANDD • Broward County Environmental Protection Department (EPD) wetlands ARA10TA letter TALI A.A'SEE • ALTA/ACSM Land Title Survey NENT PALM BEACH • Proposed plat pages for the property •AFFILIATED OFFICES Conceptual site plan for the property BLI,,, • Opinion of Title for the property RAN60RT • Check 411064 totaling $5,065.00 for the land use amendment application IFW V'NK fee A,E • Check #11065 totaling$3,192.50 for the plat application fee TEL AVIV Please contact me if you have any questions or require more information. We look forward to working with you on this very exciting project. LEGALAND BUSINESS STRATEGISTS uue L,S n,CONSDLE4@ AN.NT PF ATIONA ASiOrury ON OF LAW FIRMS.NO NRWDRK Of LEADING LAW FIRMS Ms. Corinne Church June 11, 2007 Page 2 Best regaz Neil M. Schiller Attachments FrL DB:1054015 1 ( CITY OF DANIA BEACH PROJECT SUMMARY JUN > > PC07 for FRONTIER DEVELOPMENT j�9;d11s1y1I� BACKGROUND The subject property encompasses 1.74 acres and is located on the northeast comer of Stirling Road and Southwest 18 Street in Dania Beach. There are no improvements on the property, which consists mainly of trees. The land use of the property is"Parks and Recreation" and the zoning of the property is `Broward County Agriculture-1"(A-1). The property is not platted. REQUEST The Applicant seeks to develop the property into a 17,000 square-foot retail facility. In order to do this, the Applicant must plat the property, change the land use to "Commercial" and rezone the property to Commercial-2 (C-2). JUSTIFICATION STATEMENT The commercial real estate market in South Florida continues to remain active, despite the residential market's cooling. The University of Florida Bergstrom Center for Real Estate Studies released its first quarter Survey of Emerging Market Conditions,which indicated that, "cap rates are expected to rise for strip centers,"and the survey identified strip centers as the type of property receiving the most attention from investors.[ Further, real estate expert Lewis Goodkin wrote, "for the first time in Florida history, residential developers had outbid the commercial sector for prime parcels. Now, the state's healthy job market and a shortage of new commercial construction are spurring a commercial construction boom in many markets."z The subject property has not been developed despite the number of trees that are located on the property. There has been a substantial change in the area since the subject property was initially zoned and classified for land use. The area's largest commercial center, Oakwood Shopping Center, was developed in 1988, almost twenty years ago. The parcel directly west of the property has a drive-through fast-food restaurant operating on it and the parcel directly east of the property has an industrial use. The highest and best use for the property would not be agriculture as it is too small to pursue that activity, nor would a park be the highest and best use as there are no residents in a reasonable proximity to the property. The proposed commercial use the Applicant seeks would not only be compatible with the existing surrounding land uses, but would be the highest and best use for the property. =http://www.cba.ufl.edLVfire/docs/CRES/survey/nikt_browardcounty.pdf = 415 .593541.1613271.4596033,482&aID2=45648&pare i ht ://www.floridatrend.com/article.as .aID 1891246.81 83 tp P ntID=45645 PROPOSED DEVELOPMENT The Applicant seeks to build a two-story, 17,000 square-foot retail facility. It is envisioned that the first floor would consist of retail space and the second floor would consist of office space. Access to the retail center would be from Southwest 18t' Street, so as to not disrupt traffic on Stirling Road. IMcMAHON 6360 NW 5`"Way I Su tep 954-771-0776 Ira954-771-1754 • . . www.mcmtrans.com PRINCIPALS Joseph W.McMahon,P.E. Rodney P.Plourde,Ph.D.,P.E. 2007 111 Joseph J.DeSantis,P.E.,PTOE May 15 r �S� iJohn S.DePalma l ,U11 William T.Steffens ASSOCIATES JUN 1 1 H07 Casey A.Mowe,P.E. Gary R.McNaughton,P.E.,PTOE Mr.Troy A.Holbrooke, by,,. John J.Mitchell,P.E. Director ". t' i Christopher J.Williams,P.E. Ty,,�plirtr ent John F.YamaslA.P.E. Frontier Development, LLC EJ Thomas A.Hall 2627 N.E.203rd Street-Suite 216 Miami, FL 33180 RE: Stirling Road at SW 18t6 Avenue Task 1-Land Use Plan Amendment McMahon Project No.: L07196.01 Dear Mr.Holbrooke: McMahon Associates,Inc. (McMahon) is pleased to provide the responses to Sections F, Transportation, and G, Mass Transit, for the Land Use Plan Amendment application of the reference project. Should you have any further questions, please do not hesitate to contact me. Sincerely, 4L&4 Thomas A. Hall Associate and General Manager-Fort Lauderdale TAH/JWM/APR;pg F:\FL\07196L\07196L_Ol\Admin\Task 1-Land Use Plan Amendment and Zoning Change.doc hi ton Exton Mechanicsburg N Yardville 1:1. Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami vtA Boston I'A Fort Was ng I I 4 1 CELEBRAT ING 30 YEARS OF EXCELLENCE l F. TRAFFIC CIRCULATION ANALYSIS Identify the roadways impacted by the proposed amendment and indicate the number of lanes, current traffic volumes, adopted level of service (LOS) and current LOS for each roadway. The project site is located on the northeast comer of SW 181h Avenue and SR 848/Stirling Road, in the City of Dania Beach, Florida. The project site is currently zoned as Broward County Agriculture (A-1). The land-use designation for the project site is Parks and Recreation on the City and County land-use plans. The proposed land use designation is Commercial. Broward County Planning Council, Land Use Plan Amendments(LUPA)must examine all roadway links where the project trips are equal to or exceed three percent of the capacity of the roadway. Therefore,a trip generation analysis was performed for each of the permitted land uses, per the City code to determine the trip generation for the maximum-allowable development under the current zoning designation (i.e., Agricultural, A-1). Appendix F contains a copy of the City permitted land uses for the project site(section 39-248)and Plot area coverage(section 39-253). Furthermore, the net difference in trips between the maximum-allowable development under the current land-use designation and proposed land-use designation for the project site was calculated for AM peak-hour, PM peak-hour and daily traffic conditions. The results of this effort are summarized in Table 1, Table 2 and Table 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, Th Edition, based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land use designation.However,for daily conditions,the proposed use on the site is anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. TABLE 1 AM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA AM PEAK HOUR EMERVAILIMEM MAXIMUM ALLOWED LAND USE Day Cam Center 565 15,481 SF T-12.79 105 93 198 PROPOSED USES General Commercial 820 17,000 SF Ln(T)-0.60 Ln(X)*2.29(61/39) 33 21 54 NET DIFFERENCE (72) (72) (144) (1)`+aura:Trip G ndoro Manual.M PEiam udliaeri for Proposed Um t TABLE2 PM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA PM PFAK HOUR MAXIMUM ALLOWED LAND USE Day Care Certer 565 15,481 SF T=13.18(X) % I08 204 PROPOSED USES General Commercial 920 17,000 SF Ln(T)-0.66 Ln(X).3.40(48/52) 93 11 114 NET DIFFERENCE (3) (7) (10) (1)90 :Tnpareraem Manual,M Edition oblizM for Pmpo Utt. TABLE 3 DAILY TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA RA1LY MAXIMUM ALLOWED LAND USE Day Cam Cenw 565 151"1 SP T-79.26 613 614 1227 PROPOSED USES neral Commercial E20 17,000 SP Ln(r)-0.65 Ln(X)+5.53(50/50) 1,073 1,W3 2,146 BT DIPPERENCR 460 4" 919 (1)S.-.Up .m Manual 7N Hfam.Ul fwP pa U. A trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 18'" Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: • 92% of the project traffic will arrive from and depart to the west via Stirling Road a 7%project traffic will arrive from and depart to the east via Stirling Road. a 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza.The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2, respectively, located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore,no further analyses were conducted. Identify the projected LOS for the roadways impacted by the proposed amendment for the short (five year) and long term (2030) planning horizons. Please utilize average daily and PM peak-hour traffic volumes per Broward County MPO plans and projections. There are no significant roadway segments impacted by the proposed amendment. Therefore,no further analyses are needed. Planning Council staff will analyze traffic impacts resulting from the amendment. You may provide a traffic impact analysis for this amendment - calculate anticipated average daily and peak-hour traffic generation for the existing and proposed land use designations. If the amendment reflects a net increase in traffic generation, identify access points to/from the amendment site and provide a distribution of the additional traffic on the impacted roadway network and identify the resulting LOS change for the short(five year)and long range(2030)planning horizons. Trip generation analysis was performed for AM peak hour, PM peak hour and daily traffic conditions for the maximum-allowable development under the existing land use designation and for the maximum-allowable proposed uses on the project site and are summarized in Tables 1, 2 and 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, 7w Edition,based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land-use designation on the site. However, for daily conditions, the proposed uses on the site are anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. As previously mentioned, a trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 181h Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: • 92% of the project traffic will arrive from and depart to the west via Stirling Road • 7%project traffic will arrive from and depart to the east via Stirling Road. • 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza. The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2, respectively, located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore,no further analyses were conducted. I Provide any transportation studies relating to this amendment,as desired. The information provided in response to the preceding three items constitutes the entirety of the traffic analysis for this LUPA. G. MASS TRANSIT Identify the mass transit modes,existing and planned mass transit routes and scheduled service(headway)serving the amendment area within one-quarter of a mile. Broward County Transit routes 6, 12, and 16 currently serve this site. Additionally, the City of Dania Beach operates two local community routes in the vicinity of this site. Broward County Transit: Route 6 - This route mainly runs north/south between The Broward Central Terminal and County Line Road.The northern segment of the route was extended to the Broward Terminal replacing route 84. Buses provide two-way service between the Airport Tri- Rail Station and Stirling Road. The route operates seven days a week with 30 minute headways during the weekdays and Saturday and hourly headways on Sunday. The service runs from 5:15 AM to 9:55 PM on weekdays, 5:20 AM to 9:55 PM on Saturdays, and 9:05 AM to 8:00 PM on Sundays. Route 12 - This is a local route that provides service between the West Regional Terminal and the [North Beach Park. The route operates seven days a week with 45 minute headways during the weekdays and hourly headways during the weekend. The service runs from 6:00 AM to 8:00 PM on weekdays, 6:00 AM to 8:15 PM on Saturdays, and 10:00 AM to 7:45 PM on Sundays. Route 16-This is a new local route that operates between Stirling Road and Flamingo Road and the Dania Beach City Hall, with service to the Fort. Lauderdale-Hollywood Airport Tri-Rail Station.The route operates seven days a week with 30 minute headways during the weekday peak hours and hourly headways during weekday off-peak hours and during the weekend. The service runs from 6:00 AM to 9:45 PM on weekdays, 6:00 AM to 9:45 PM on Saturdays,and 10:00 AM to 6:45 PM on Sundays. City of Dania Beach Community Bus Service Dania Beach Community Bus - provides service between Dania Beach City Hall and NW 1" do NW 141h Avenue. The route operates Monday through Saturday with hourly headways from 9:00 AM to 5:40 PM. Broward CountyTransit Development Plan FY 2006-2010 i Route 6 - This route is scheduled to have weekday and Sunday service expansion, Sunday headway improvements,and route realignment. Route 12 - This route is scheduled to have weekday, Saturday and Sunday service expansion,weekday and Saturday headway improvements, and route realignment. Broward County 2030 Long Range Transportation Plan Route 6 (Regular Bus) - This route is scheduled to have Sunday/Hotiday headway improvements. Route 12 (Regular Bus) - This route is to provide service expansion from the current terminus at the West Terminal to Sheridan Street west of 172^d Avenue in the southwestern sector of the County. Quantify the change in demand resulting from this amendment. Permitted Use 1,227 X 1.23% 15 Trips IFropmedUse. 2,146 X 1.23% 26 Trip Change in Demand I 1 - 11 Trips Correspondence from transit provider verifying the information submitted as part of the application on items 1-2 above. Correspondence must contain name, position and contact information of party providing verification. Correspondent Information per attached letter Name: David Daniels Agency: Broward County Mass Transit Position: Principal Planner Ph: 954-357-8340 Fax: 954-978-1189 \ Address: 1100 Park Central Boulevard, Suite 300, Pompano Beach, FL 33064 Describe how the proposed amendment furthers or supports mass transit use. The commercial environment of the proposed project will create activity nodes which will enhance and support utilization of mass transit for employees, visitors and residents. I F:\FL\07196L\07196L_OlWnalyses\Section F AND G may 17.doc B! V`t,, YARD :. COUNTY OFFICE OF TRANSPORTATION —Serum Develbpmant 1100 Park Central Boule nerd,Sulk 35W-Pompano Beach,Florida 33W4 954-357-8340•FAX 954-978.1189 May 15, 2007 Adriana Rodriguez, McMahon Associates, Inc. 6360 NW 5th Way, Suite 301 Fort Lauderdale, FL 33309 RE: Stirling Road and SW 18"' Street 1.78 Acne Parcel, City of Dania Beach Land Use Plan Amendment - Verification of Transit Services Dear Ms. Rodriguez: Your correspondence dated, May 8, 2007, regarding the Stirling Road and SW 18tl1 Street 1.78 Acre Parcel - Land Use Plan Amendment, has been reviewed by Broward County Transit (BCT) for current and planned bus service. Fixed-route bus service to the amendment site is currently provided by: BCT Routes 6, 12, and 16, In addition, The City of Dania Beach Community Bus services this amendment site. Please see attached table for specific hours of service and frequency. BCT DAYS OF SERVICE HOURS OF SERVICE SERVICE FREQUENCY ROUTE A.M. -P.M. Monday-Friday 5:15a-9:55p 30 Minutes 6 Saturday 5:20a -9:55p 30 Minutes Sunday 9:05a -8:00p 60 Minutes Monday-Friday 6:00a—8:00p 45 Minutes 12 Saturday 6:00a -8:15p 60 Minutes Sunday 10;00a -7:45p 60 Minutes Monday-Friday 6:00a - 9:45p 30 Minutes 16 Saturday 6:00a -9:45p 60 Minutes Sunday 10:00a - 6:45p 60 Minutes Dania Beach Monday-Saturday 9:00a - 5.40p 60 Minutes Community Bus Broward County Board of County Commisslonam Joeephus Eggalletion,Jr.•Sue Gutabwger 4 KnAn D.Jacobs•Ken Keechl•Item Lleberman•Stacy RMtar•John E.Rodeu m,Jr.•Olen Waa nwnm Rubin•Loia Weider www.broward.or9 Future route and transit improvements for the amendment area have been identified in the TOP (Transit Development Plan), and in the Broward County 2030 Long Range Transportation Plan (LRTP). The proposed land use plan amendment has a small impact in transit demand. Current and future transit should provide adequate capacity to meet the future services demands. Please call me at 954-357-8351, if you require any additional Information. Sincerel , David Daniels Principal Planner APPENDIX F TRAFFIC CIRCULATION ANALYSIS 1 �lJ • 9t c��C/��.�1�:G�iI/ C��e�l��I FLORIDA February 22, 2007 File No: ZL-07-07 Becker Poliakoff Keith M. Poliakoff 3111 Stirling Road Ft. Lauderdale, FL 33312-6525 RE: Folio No. 504233000630. Dear Mr. Poliakoff: This letter is in response to your written request for information regarding the above referenced property currently zoned A-1. ZONING Broward County Agriculture A-1 LAND USE Parks and Recreation PARKING Parking requirements based on proposed use SETBACKS 50 feet from any lot line BUFFERS See Chapter 26 of the City Code HEIGHT 35 feet maximum DRIVE-THROUGH Not permitted in A-1. LOADING Based on proposed Agricultural Use OPEN SPACE 40% IMPACT FEES See attached CURRENT MORATORIA None at this time PLATTED Platting required DEVELOPMENT PROCESS Based' on proposal for commercial/drive-through use, Platting, City LUPA, County LUPA, City Zoning Change, Special Exception, Variance, and Site Plan Review and approval required. _ TIME FRAME 1 - 2 years due to platting/LUPA TREE MITIGATION See attached copy of City of Dania Beach Code of Ordinances, Chapter 26, and Article 26-11 through 26-29. "Broward's First City" 100 West Dania Beach Boulevard, Dania Beach,Florida 33004 Phone: (954) 924-3600 www.daniabeachf.gov CITY OBJECTION TO FDOT Contact Public Services Director at ACCESS 954 924-3740. ROW ISSUES Contact Public Services Director at 954 924-3740. UTILITIES AVAILABLE Contact Public Services Director at 954 924-3740. MASTER OR OFF-SITE DRAINAGE. Contact Public Services Director at 954 924-3740. There are no active code violations on the property at this time. For additional information regarding the fines or code violations please contact Code Compliance Office at (954) 924-3790. Your proposal requires several discretionary approvals, including City/County platting (re vehicular access), Broward County LUPA, as well as City LUPA, rezoning, special exception, variances, site plan review (discretionary in terms of variance and special exception) and tree preservation/relocation. As such, this letter does not confer any rights or approvals or any expectation of rights of approvals. This letter is intended only to provide information regarding the current zoning designation of the property, and is not intended to be a substitute for a comprehensive review of city codes and ordinances. You are advised to check all zoning and building code requirements prior to purchasing any property in the City of Dania Beach. If you have any further questions, please contact me at (954) 924-3704. Sincerely, o Corinne Lajoie, AICP, Principal Planner APPROVED AS TO FORM Laurence Leeds, AICP, Director, Community Development Enclosures 1 39-246 BRoWARD COUNTY CODE , tate End Rural Ranches land use designations of the certified Future Unincorporated Agricultural,Es Ana Land Element of the Broward County Comprehensive Plan with limited community facilities and utility facilities permitted to serve the neighborhood. (Ord.No.1997-29,11,7-5-97;Ord. No.2000.36, 124,8-22-00) See. 39.247. Agricultural zoning districts. The following shell constitute agricultural zoning district$for the purposes of this coda: District Bull A 1 Agricultural Es A 9 General Ackulturd (Ord.No.1997-29,11,7-8.97) 9eo. 39-948. DensitR district s area, hall be developed to a density arceeding 1 dwelling unit per 2 net aces No sir lar6l zoning in Section 39-251 of this article. of plot es,except as Provided (Ord.N0. 1997-29.11.7-8-97) &a. 39-24% Uses permitted. Plots in agricultural districts may be used fbr one or Mors of the following specified uses: Rey to abbreviation: P.Permitted Np a Not Permitted C. Conditional Permitted Uses A-1 A-2 I.fam Nonpr ly detached dwellings P P Nonprofit neighborhood social and recreational facilities P P Places of worship and accessory schools and day care centers P P Community residential facilities P P . Crop raising and plant nurseries(commercial and noncom- P P mercial)with on-premises gales limited to crops or plants grown or cultivated on the plot where they are being sold, and related landscaping materials incidental to such sales P P Essential services P p Fish breeding(commercial and noncommercial) C C outdoor events(subject to Section 39-238) P P Animals(subject to Section 39-248) animal runs P P or Veterinary clinics(no overnight stay NP P Veterinary hospitals NP P Kennels,commercial boarding and breeding permitted accessory uses to a 1-family dwelling guest house or servant,'quarters(no kitchen) P P Detached gu C C j Yard sales SupP.No. t CD39:138 - ZONING i as-ae4 Permitted Use A-1 A-Z Home amese C C Family day can homes P P Horse boarding stable P P Commercial equestrian operations P P Any other use naturally and customarily associated with any permitted use ahall be considered accessory to the above,provided the accessory use is clearly incidental to,subordinate to,and subservient to the permitted use it serves . (Ord. NO.1997-29,11, 7-8.97;Ord No. 1099-39,13,0-22-09) See. 39-25L Uses prohibited. Any use not expreesly permitted in section 39-249 of this article is prohibited. (Ord N(L1997-29,11,7-8.97) Sea 39.251. Minimum plot dimensions. (1) Any plot in an agricultural district shall have at least one dimension of 260 feet. (2) Any plokrecoeded as a single plot in the public records of Broward County,Florida,as of December 31, 1992,or which becomes undersized or oversized due to a district or regulation change or due to any easement or right-of-way dedication or vacation, may be used fro a permitted use subject to all other limitations and requirements of this code. ( (3) Any plot occupied or to be occupied for a permitted nonagricultural,nonresidential use shall be a minimum of two(2)net acres,except for wireless communication facilities. (Ord. No. 1997-29, 11, 7.8.97;Ord No. 20M36, 126,8-22-00) Sea 39.262. Maximum plot size for nonresidential and nonagricultural uses. All permitted nonresidential and nonagricultural uses shall be limited to plots a maximum of five(6) acres in net area. (Ord. No. 1997-29. 1 1, 7.8-97) Sea 39.263. Plot coverage. The combined area occupied by all buildings and roofed structures shall not exceed twenty percent (20%),on portions of plots not occupied by a farm containing other than nonresidential farm buildings and structures. (Ord. No. 1997-29, 11. 7-8-97; Ord. No. 2001-18, 111, 5-22.01) Sec. 39.254. Height. No building or structure,or part thereof,excluding farm buildings and structures on portions of plots occupied by a farm,shall be erected or maintained to a height exceeding thirty-five(35)feet, except as permitted by section 39-103,exclusions from height limits,and section 39-102, wireless communication facilities. (Ord. No. 1997-19, 1 1,7.8-97; Ord. No. 2000-36,.4 26, 8.22.00;Ord. No. 2001-18, 112, 5-22-01) i Supp.Na t CD39.139 �. TABLE F-1 2009 DAILY PROJECT ASSIGNMENT OAKWOODS CENTER LUPA BWI WwO w 6LD 39{tl C LO% 9 0.0% No wb 49,=6LD 69,300 % D 10% 9 0.0% No apm 61.1) 0�2W 39500 D 10% 9 0.0% No ro aR rn 6LD H 000 D 1.0% 9 O.M No w 6LD W2M 000 DIn. 9 0.0% Nn LD 6LD W 300 m D 66.0% 639 0.9% No b 514Un{Rd 6 69,300 69,000 D 93.0% B6S 1.7% No b 6LD H100 q3 D %.M SLS 1.7% No b M wwa 6LD Wxp Am D w,o% w I'm No wwa 6LD Wm QAW D 1M N 0.1% No ryas ro 6LD W 300 4;Olf D 6.5% w 0.1% No PN1ppn Ro WUSl 6LD W,300 1 4L911 D "% 60 03% No Nal%/Sb1H eMddm 91ro604Rn W 61X 10;600 389,000 P 46.0% 633 03% No 140 914{n{Rd bGAHb{Rd 6L% 18L600 38),000 P 95.0% 019 0.3% No SW 10 ArMDa4w9 5Wd 8w6 o0{Wling" 6L 31,Xq I 9 0.0% No M R I AL I 3;T I 3R7a I P 1 3.35% 1 0 1 0.1% No USl Rd I 6L 1 33.= 1 39500 P 3.35% 30 U% No YlPU071% I190._O1Nna w5ZIGNIFICMT TABLES OA"000S CENTER TABLE F•2 2009PMPFAK PROJECT ASSIGNMENT OAKWOODS CENTER LUPA [u1/Ww1 w 6LD 4AW 1611 C 79% 1 0.0% No SWWAw*!.1 AID 1 fill C 73% .1 0.0% Na P� b 6LD 11610 3611 O 1M -1 on No— r�m w 6LD 4AW lm D an .1 On N. R w vl 6LD 4600 3930 D 60% .1 00% No 9WIInD Id w 6LD 1,610 ]930 D 50.0% d 4.1% N. 6LD 46/0 )9)0 D 9).0% 9 U.M No 6LD {W ]560 C 93.OR 9 AM No wq 6LD 1690 3560 C 93,0% 9 4M N. Yowf O6 1 0. % Na D 9+0 s 6LD 1680 Aw C 5!% 1 0.0% No PNppn Rwdb O81 6LD 1,610 3,560 C SAS .1 OA% No NRN/9nIR lM Sloddm At Stl ad 6Ll 16AW 0dw P am { O.M Ne 9WWD W4Odon,," 6K 161990 3RIN P 63.0% 4 0.0% I No SWwAw OAwwdllvd got SWBq 8d IL 2100 1.0% 0 0.0% 1 No USI SDEddm SIb5WB00" IL 3,110 1 3,Y0 1 8 1 LOS% 0 0.0% 1 N. 9Wlryldb CdlBryld {L 3,110 ON P L60% 0 0.0% I No Y.£L'O)1 NLWIw OIWal,om51GNIFICANT TA&ES GAM SCENTERW HSQ GROUP, INC. Consulting Engineers • Planners • Transportation 299 W.Camino Gardens Blvd., Suite 301 Boca Raton, Florida 33432 rM (561)392-0932 Phone • (561)392.2760 Fax April 18, 2007 (Via Fax) Mr. Dominic F. Orlando,P.E., Director of Public Services CITY OF DANIA BEACH __.. Public Works & Utilities Department a a:' •;�4 ,�'.�9 100 West Dania Beach Boulevard Dania Beach, Florida 33004 JUN 1 + 10�1 Re: OAKWOODt HSQ Project Number. 0703-08 Dti Location: City of Dania Beach, Broward County, Florida Section 33/Township 50 South/Range 42 East Dear Mr. Orlando: Our office is working on a new project which is located within the City of Dania Beach. The developer is proposing to construct approximately 17,000 square feet of commercial retail space within a 1.78 acre site. The property is located at the northeast corner of the intersection of Stirling Road and Southwest 18th Avenue. At this time we would like to request a water and sewer availability letter from your department for the above referenced property. Please include the following items in the letter, 1. Location and sizes of existing water mains, gravity sewer mains and force mains within the subject area. 2. Capacity issues and possible required upgrades regarding existing water systems, sewer systems and downstream lift stations. Attached you will find a copy of the location map and proposed site plan for this project. Thank you for your assistance in this matter. If you have any questions or require additional information, please do not hesitate to call our office. Sincerely, HSQ GROUP, INC. ntonio Quevedo, P. . Z:\Projects\2007\0703-09 Oakwood Shoppas\Correspondence\070308-W&S SeMce Letter.doc �' YYYYYYY M ! I ? o r r i ��1� , s a!1 low �• I-0 •�i / ii +s.,r�i �r+ —► �.� � of � ! I i � � a l —11NUILL ---- ....... ........ — — ----- --- ---�—� AN419� 'M'S a � I I 1 � • j I I ; I I I � ; I ly N N < � a a i a0 Z cr rf W ' "� z �ZZ U P U O w WU U N N — . — — . — . — — . — — . — . — I I ! I Q n I VT- ) I =/ I I f I I aotLl Q s kn i I & z to, L O` ' — — ' — ' — — ' — ' — ' — ' — • — • — • — • — • — • — • � • i —, I O N HI 'M'S U O 3n Z Z z mQO OHO NWz ON I I I � I oV06 oo IMSN3AVH 09 Jo Wp el E e� zM ;UUO w N W',0�/1sARD COUNTY In W 71 ENVIRONMENTAL PROTECTION DEPARTMENT-SlobpkWl Reaourou DWUM i. L Marap Addmu: 115 South AMmwa Avenue,Ream A-240•Fad Lauderdale,FbMs 33301 954-519.1230•FAX 954519.1412 i May 31,2007 Phillip R.Jimrusti&Associates,Inc. -- -_- - C/o Ms.Karin L.Melton 12730 SW 12'Court Davie,Florida 33325 RC:Jurisdictlonal Determination,approx.1.74 acre site Folio No:50423300WO NE career of Stirling Road and SW IS*Avenue Section:33 Township:50 South Range:42 Fiat EPD File No. WD07044M Dear Ms.Melton: Based on information on file with this office and a site visit conducted on May 9,2007 it was determined that,at this time,them am no Department jurisdictional wetlands on this site.This letter does not constitute a waiver of review by the Land Use and Permitting Division of this Department prior to construction or other activities. This determination was made according to the Natural Resource Protection Code definition of Regarared Aquaric and Wedand Raowces and Section 27-334(e),which incorporates the wetland delineation methodology ratified by the Florida Legislature and implemented in 62-340 F.A.C. In the event of a conflict with a delineation conducted by the Florida Department of Environmental Protection or the South Florida Water Management District pursuant to 62-340 F.A.C.the determination of said Agency will be the controlling delineation. This determination is valid for a period of no more than two(2)years from the date of this letter. Removal of exotic vegetation would not require a permit from this agency. Other activities, e.g. lake or canal excavation,regulated under Article 3G of the Natural Resource Protection Code,may require a license. The applicant is encouraged to contact the Department at the earliest convenient time to discuss licensing requirements. This latter does not constitate a waiver of review by the Development Management Dividers of this Department or the City of Plantstlua prior to clearing and gobbing. Please be advised that you may also have wetlands and/or other waters of the United States on your property,which would require mceipt of a Department of Army(DA)permit prior to any dredging or filling activities.Please be aware that meopt of a state or local government permit does not obviate the need to obtain a DA permit prior to commencing work.For more information about the DA Regulatory Program,you may access the Corps•website at: h1m/hvww sa wacs.oriny.nsfterm U' der him1 You may also contact local Corps regulatory office for additional information at one of the following numbers:(561)472-3500,(561)472.3506 and(561)472-3517. If you have any questions,please contact me at the above address. Sincerely, ,in Sunderland Wetlands Resources Section CC: Frontier Development LLC,Owner Georgia Vince,DEP Barbara Country,SFWMD Leah Oberlin,ACOE Ivan Pato,City of Dania Beach Srmvad County SoaA or crony Con niaonem I.MW Eg,;W b,Jr•Sue G Qboasr•KftW 0.Jeers•see,KaeaY•N LleE.rmen•5hq Rea•term E.Rod.ean.Jr.•u.na W.rsemyn.A"-L.W..w 'N,YM.bannud.0% x Lo Ld i . 0 . ' N w i ro L L "F n ..,� i1' • ' a"'4 k �� tt ti S - 7 h LU-37-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT Date: September 11, 2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 NOTICE IS .HEREBY GIVEN that a public hearing will be held before the Si.ISIt Commission for the purpose of hearing any comments which might be made to the following request Applicant: Attorney Keith Poliakoff with the firm Becker&Poliakoff,representing the prop- erty owner Robert Krilich,Sr.of Oakbrook Realty&Investment, L-C.,is requesting a Future Land Use Plan Amendment. From: "Parks and Recreation" Tb "Commercial" Location: Property is generally located at the Northeast corner of Stirling Road and Southwest 18th Street in Dania Beach. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE FIRM BECKER&POLIAKOFF, REPRESENTING THE PROPERTY,OWNER ROBERT KRILICH; SR. OF OAKBROOK REALTY.&INVESTMENT,LLC.,TO REDESIGNATE FROM"PARKS AND RECREATION"TO "COMMERC CEERTAIN PROPERTY GENERALLY LOCATED ' AT THE NORTHEAST CORt4ER RiMK ROAD AND SOUTHWEST 18TH STREET, DANIA BEACH AND LEGALLY .S NOED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;PROVIDING FOR,CONFIJCTS;PROVIDING FOR SEVERABIUTY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Al G t - aw i r u For information about changes to the City of Dania Beach's Land Use Map, contact 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(964)924-3645 i 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 par- ticipate in an of these proceedings should contact the City Clerks office, 1DO W. Dania Beach Blvd, Dania Beach, PL 33OD4,(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 meet- ing 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 tes- timony and evidence upon which the appeal is to based. i Lou Ann Cunningham Planning Associate Published:Friday,August 31,LW7. LU-37-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT Date: September 11, 2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission for the purpose of hearing any comments which might be made to the following request: Applicant: Attorney Keith Poliakoff with the firm Becker& Poliakoff, representing the property owner Robert Krilich, Sr. of Oakbrook Realty& Investment, LLC., is requesting a Future Land Use Plan Amendment. From: "Parks and Recreation" To "Commercial" Location: Property is generally located at the Northeast comer of Stirling Road and Southwest 18th Street in Dania Beach. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE FIRM BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A location map describing the affected area is shown below: I W DANIA BEACH BLVD I I � IRO r o i ri M V i C2 K q ma spa IROM LLLL11 Access BD m Z u a W ' I _. F C 2 F- m I j �_�-- �'' -STIH[.ING RU J I Y " 0 a�I � I �l OS vi For information about changes to the City of Dania Beach's Land Use Map, contact 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. Lou Ann Cunningham Planning Associate Mailed: Friday, August 31, 2007 (D o > E o 0 a)C J M Q Q CC) N O CO CO 0 07 N O J O = v co N Cl) y 0 0 M Q "6 CD CO DNj CD 0)J (D 04 (.Mj (DN NtM U) N M (M J M J J U) O "t N J M y W O M W r ^ W O O J (D Uo JW Qp ONo NN LLN Q Co� w Q Q Q O M Q M M cn- N J M W' (n O N W M M N ' Q Cl) w w 0 W' W — N U) W LL w (D O O P LL (nO < MDOOw W JYOOr") (MOMO0 W zQ S Y O O O J J J D O UmQ � gmOZWM -J Luw - �Iaa =( oado � < 00 < < > oo 000 § LLOXWOOxx �� oWx cD M w U M M O Q OI J IT W O Ur J W M G v W H W M H J o _ O H U) SWW WQof oC, o (nSOw M00p W > UOC\l rn.N � J O J ~ Z J W Q w Q � W c M 0 M < zwmp > u) S o �c� o = E � Q U M � Z0 M o QQOZ ^ U � O2 € fnaN •-- U E I>- � N � - N W Z OE O O W 0 X '� W p] U W E n z � � z � � � p W � (nzxm � °� � 0. wU � Qo (ot— C> 00op � rnCD ? cc000 o 2 N 1 00 W W M L- NMI 1 o — z S031Mn o g 0 0 J J J < op4 F U F lY wJ zw wL) � ( CL 1 Cl) ? = C7 -i (qQ wJUrnz of - poQ 6 o Q — cn X O J � Q zQWaox (On L z ¢ ¢ WLL L Iuz � xYx0 (j � ¢ gaw00 Q UQ F- W0WH WY -jM=oZQOYpzOOpwW Z W o W' 0 J �- M M Z J x 2 J Q o OIMO -jZo0OJWQW550 Q -p0 Yzwzzc UuwM O W' W' > > M QQ � Q 0 < 00F= OLQL " p U � w Fn m 2 OUYOIn lw O w wIn N W fA M lL C� L L U V W a) 0 M V (D N M '- m m LL 9999999999999999 @ 50 t 000M M O MWWC)cDo o � MM '@ N L) O O O o O O M j T o � - - - r- M M M M M M M M M V V V V V V V O L7 0 m M M (M Cl) M M M M co O O O 0000 (D o (0 N N N N N N N N N N N N N N N N ui .2�'oma000000000v � vv � � p � � 00000NNU U') LOLDN (DiDLOMLO I CITY OF DANIA BEACH Agenda Item # 90 Agenda Request Database Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) 7 Award Bid /RFP ❑ Presentation ❑ Continued from: 8/28/2007 ORDINANCE NO.2007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT,TO REDESIGNATE FROM'CONSERVATION'TO'UTILITIES'CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE,BETWEEN SE 3RD STREET AND SE 3RD TERRACE(301 SE 5TH AVENUE),DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE:PROVIDING FOR CONFLICTS:PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-38-07: Daniel Habibe with Calvin-Giordano and Associates, Inc., representing Florida Power and Light, is requesting a Future Land Use Plan Amendment from "Conservation"to"Utilities"(SECOND READING). Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Plans Exhibit 1 Exhibit 2am Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 mm Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE, BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5TH AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel Habibe with Calvin Giordano and Associates representing the property owner Florida Power and Light, has made an application to amend the local future land use plan to replace the existing FPL Substation facility with a new substation; and WHEREAS, the City Commission desires to approve such application; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5Tu AVENUE, BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5Te AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on August 14, 2007. PASSED AND ADOPTED on second reading on September 11, 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-016 EXHIBIT `A' Legal Description: Legally described as: The West 472 feet of the North 316.04 feet of the Southwest Quarter (SW 114) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 2, Township 51 South, Range 42 East, Broward County, Florida, Less and Except the West 35 feet thereof, and less and except therefrom that certain portion conveyed to the City of Dania, a municipal corporation of the State of Florida, by Quit Claim Deed dated January 31, 1958 recorded May 20, 1958 in Official Records Book 1227, Page 19, of the public Records of Broward County Florida. Said lands situate in Broward County, Florida and containing 130,601 square feet (2.998 acres) more or less. 3 ORDINANCE#2007-016 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 11, 2007 TO: Ivan Pato City Manager From: Laurence Leeds, AICP, Director G C.tom--- SUBJECT: LU-38-07: Daniel Habibe with Calvin-Giordano and Associates, Inc., representing Florida Power and Light, is requesting a Future Land Use Plan Amendment from "Conservation" to "Utilities" (SECOND READING). LOCATION: 301 SE 5 Avenue, on the east side of SE 5th Avenue between SE 3rd Terrace and SE 3rd Place CURRENT FUTURE LAND USE DESIGNATION: Conservation PROPOSED FUTURE LAND USE DESIGNATION: Utilities The subject property is located on the east side SE 5th Avenue, between SE 3 Street and SE 3 Terrace. The subject parcel is 2.99 acres in size and is currently being used as an unmanned electrical substation. The Future Land Use Plan ("LUPA") designation and current land use of surrounding properties are indicated below. ADJACENT SITES Zoning District Existing Use North Conservation Vacant South Conservation Vacant East Conservation Vacant West Low 5 Residential Single Family The existing substation was built in the 1950's. Between 1979 and 2004, the substation parcel, as well as wetlands to the north, east, and south, was designated "Estate Residential" (One dwelling unit per acre). In August, 2004 the City Commission changed the land use designation of the surrounding wetlands (120 acres) to "Conservation." The substation, the only developed parcel in this area east of SE 51h Avenue, was also changed to Conservation. Today, FPL wishes to demolish and replace the existing substation with a new, larger facility on the same 2.99-acre site. Based on plans submitted by FPL: 1 ) The existing substation occupies approximately 16,440 square feet (13% of the site). The replacement substation would occupy 40,000 square feet (30% of the site.) The additional outdoor equipment area would extend to the east, north, and south of the existing equipment area. 2) Electrical equipment height of the new substation would be equal to or less than what exists today. 3) Because the new substation will be expanded primarily to the rear and sides, the existing 85-foot front yard setback along SE 5th Avenue will not change. The City Attorney indicates approval of "Utilities" land will allow future expansion of the substation footprint without any City Commission approval. PLANNING AND ZONING BOARD RECOMMENDATION On July 18, 2007, the Planning and Zoning Board recommended approval of the required land use amendment. CITY COMMISSION ACTION (FIRST READING) Approval. CITY COMMISSION ACTION (SECOND READING) The applicant requested a continuance to September 11, 2007 to complete the restrictive covenant regulating future development on this property. JUL 3 0 2001 Planning FPL. Department July 27,2007 W.Larry Leeds Director of Community Development City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 Dear Mr.Leeds, We at FPL know how important reliable electric service is to you and all the other members of the communities we serve. To continue to provide reliable service and meet the future demand for the city of Dania Beach,we are expanding a substation in your area. FPL has submitted an application for a Land Use Plan Amendment that supports this expansion project. We recognize that the construction at this facility might be a matter of interest to you. As one of your neighbors,we invite you to attend a meeting which will provide you with information about this project and answer any related questions you may have. Where: Frost Park Recreational Complex 300 NE 2°4 Ave. When: Monday,August 6,2007 7:00 PM Should you want to reach us before the meeting takes place, please contact Maria Betancur at(954) 321- 2074 or myself at(954) 321-2215. Since7ly, Lynn Shatas Broward County Regional Manager cc: Mayor Bob Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury City Manager[van Pato Director of Community Development, Larry Leeds ..._....»e_ ragc r U1 Lottier, Christine From: Leeds, Larry Sent: Monday, July 30, 20071:58 PM To: Loftier,Christine Subject: FW:FPL Dania Substation Attachments: Dania Substation.ti(; FPL Dania West Elevation.JPG; FPL Dania East Elevation.JPG; FPL Dania North Elevation.JPG; FPL Dania South Elevation.JPG; FPL Dania Site Plan.JPG Laurance Leeds city or Dania Beady 10O V4*d Dania Beach Boulevard Dania Beach,FL 33004 . 954-924.3640 a-mall: liaedsQd.danla-beadr.5.us From: Dickerson, Dwayne [mailto:Dwayne.Dkkerson@ruden.comj Sent: Monday,July 30, 20071:02 PM To: Lajole, Corinne Cat Leeds, Larry;.8ruce_Barber@fpl,com; dhabibe0cahrin-gtordanc.com;Mel% Dennis; lynn_shatasOfpLcom Subject: FPL Dania Substation Corinne, Per your e-mail below, please see the requested graphics attached including the survey, revised elevations (measured from the crown of the road) and site plan. Feel free to contact me if you have any questions. Dwayne IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a"reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of(i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or(ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. Dwayne L. Dickerson '� I bsk Attorney 200 East Broward Boulevard Suite 1500 Fort Lauderdale,FL 33301 Direct 954-527-24501 Fax 954-333-4050 Owayne.Dickersan®ruden.com I www.ruden.com 7/30/2007 - o- rd6c L 01 L NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit,convert to hard copy,copy,use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954- 764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. From: Lajoie, Corinne(mailto:cchurch@d.dania-beach.fl.us] Sent:Thursday,July 19, 200711:30 AM To: Dickerson, Dwayne Cu Leeds, Larry Subject: FLP As s result of last nights meeting, can we get a revised equipment profile plans (both current and new) measured from the crown of the road 01 x 17 are fine). Also, can we get a copy of the landscape, site plan and survey in digital form Qpg) Including surrourning properties if available for us to use in our PowerPoint presentation. Thanks. Corinne Lajoie, Principal Planner City of Dania Beach (954)924-3704 7/30/2007 r� r� . r RIP, Y Y } p '�..•6 at, �+ 4 m fats )t1 0< i �5u, LL m i 4 CA v I W i g17N3/1 d Nl s .3.5 Q y Yam' � 'S!If'!!� "``� ! �'� ` t• 1��! !f!'=��( � ! iti f .IC JSIElSI !t � rl(•�3'rt I�"1{ : •(6�� .KY ee ¢' y. s � �� le.�; YI_f �7!f x:F,. I �t[�•{ I!€ d f K �'r+x...,v � `(7111 1 � �•:=.Iitl`P�� . ..tKFrFi C �1'f li �� t litlot tp I't� tj ( t1 Q 1 - ••J �c �ii��lt+d.ri�l�IfEt��llli ! iFz�tJc 11 ;J}1 ' dv ' 9 ; 1„1, 1f .3;,i.1 1 Is s�nCQ� 2kZ 0Fu eN 6 Is 1 1 � K� k u ------- �: .- --- = -- If 7 •RCass.:.1:3_+^15i-L`!_�Y ___ ,'_ _r_.'i� I �IMa UF�.o.\ t I .I � � 1 •� i ••i Mo#QOe Pit, °' WHIM tl r II i 1 I�I ' � 'I i i •, I i i i u 2 p i I 0 W NWy3 N�Vr� Z CfJ I V JW t I C Y eI �yc ■ Z 1 Y I o� !� !N wx IT t � ^W N W N a I rigN I J V i L U2 W W 1 L , I 7 t i .__...._._........................_............_........................................_....__.................. I I .q Y NM r� 1 I O � II 1 _ S 1 I g W u �E ' E N(' D i z I ❑ n wHl-I pM[ � ZCFO � JW j � W I�� N ' M � I ' W.Iw Rnl i tv Y � dqN W i i t M M h O Z h hlph a O H � hWp % Nl W mWYU 0<UM "Z M 04U. h J JW i � W el _ ..�, m E; E; J p i�p � '� Jill 0°a J' � J! IBIS g It _ �� {E Et�pEE Jos °i p��.E Jill �@o� oi E ° EZ E fIM J Its III NMI E, a� Fw 0 J �I •`L[ tl f �W �W Leeds, Larry From: Johanna M. Lundgren (JLundgren®wsh-law.com) Sent: Monday, July 09, 2007 5:05 PM To: Leeds, Larry Cc: Susan L. Trevarthen;Ansbro,Tom Subject: FPL Land Use Amendment Larry: Please review the following analysis concerning the FPL Land Use Map amendment application and your questions concerning site plan and design requirements. Please advise if you have further questions about this application. Florida Power and Light (FPL) is requesting an amendment of the City's Land Use Plan to change the land use map designation of the parcel upon which an electric distribution substation is located from the designation of Conservation to a designation of Utilities. FPL is seeking this land use map amendment to allow the replacement of an existing distribution electric substation with a new substation. Section 163.3208, Florida Statutes, was enacted in 2006 and governs the local government approval process for new distribution electric substations with the Intent of providing for sufficient electrical service while maintaining land use compatibility. 1. Land Use Designation: Currently, the City land use designation for the substation parcel is Conservation, although the zoning designation of the parcel Is RS-12,000 Residential, Section 183.3203, Florida Statutes provides that new distribution electric substations are permitted uses within all land use and zoning designations with the exception of conservation or historic preservation land use designations. Section 163.3208(4), Florida Statutes. The applicant has applied for a land use map amendment of the substation parcel from the Conservation land use designation to the City's Utilities land use classification, in which "electrical lines, poles, substations, and transmission facilities' are expressly permitted. City of Dania_Beach Comprehensive_Plan,_ page 30. Fbilowing the land`ae plait amendment, the electric distrbution substation will be a permitted use on the subject parcel. Section 163.3208(4), Florida Statutes, requires that a new electric distribution substation must be treated as a permitted use in the RS-12,000 residential zoning district. Therefore, per the statute, the new electric distribution substation will be a permitted use under both the applicable land use designation, and will be permitted in the zoning category. 2. Site Plan and Design: a. Site Plan Review Requirement: The applicant intends to fully replace the substation's existing electrical equipment. According to the applicant's letter dated November 27, 2008, the replacement of this equipment will not trigger the requirement for site plan review pursuant to Section 8-4 of the City's Code of Ordinances. Section 84(r)of the Code of Ordinances provides that building additions that do not exceed 5C0 square feet in size shall be exempt from the requirement of site plan review. The applicant has stated that the reconstruction of the existing unmanned relay vault building, the sole building structure on the site, will not result in additional square footage in excess of 500 square feet. However, the most recent plans submitted by the applicant indicate that the renovated structure will slightly exceed 500 square feet in size. Unless the applicant submits plans indicating that the structure will not exceed 500 square feet, the applicant may be required to undergo site plan submission and review. b. Landscaping and Setback Requirements Section 163.3208(3)(b), Florida Statutes, provides minimum requirements for setback and landscaping of a new distribution electric substation between the property boundary and the permanent equipment structures of the substation. Pursuant to the statute, the City can require that the location and design of the landscaping, setback, and buffering of the permanent substation equipment meet the following requirements: I. Where the setback between the property boundary and the substation's permanent equipment structures is between 100 feet and 50 feet, "an open green space shall be formed by installing native landscaping, including trees and shrub material, consistent with the relevant local government's land development regulations. Substation equipment shall be protected by a security fence consistent with the relevant local government's land development regulations." ii. Where the setback between the property boundary and the substation's permanent equipment structures is less than 50 feet, "a buffer wall 8 feet high or a fence 8 feet high with native landscaping consistent with the relevant local government's regulations shall be installed around the substation." See Section 163.3208(3)(b), Florida Statutes. The latest landscape plan received from the applicant is dated September 6, 2005 and labeled "Conceptual 7/12/2007 - —b. r v. a. Landscape Plan.' Staff should require updated landscape plans prior to making a determination as to the substation's compliance with the statutory requirements and with the landscaping requirements of the City Code. Johanna M. Lundgren. Esq. `V1;1s5 SI.Izo v. Weiss Scrota I lallinan Pastoriza Cule& I3oniAo. P.L. Wii.vIAN 200 East 13roward Blvd- Suite 1000 h.xs 1 ol04% fort Lauderdale. f 1. 33301 Ctit E % &U-ndgreAawsh-law—, QM [3uxlst:e.el., fel: (954) 763-4242 Fax:(954)764-7770 Ibis mcesagv. together with any attachments, is intended only for the addressee. II may contain information which is legally privileged, cimfidontial and exempt from disclosure. Ifyou are not the intended recipient,you are hereby notified that any disclosure, wp�inu. distribution, use. or any action or reliance on this communication is strictly prohibited. If you have received this email in error, please notiry the sender immediately by telephone (954) 763.4242 or by return c-mail and delete the message, :long with any attachments. 7/12/2007 LUuAtln From: Orlando, Dominic -- sent: Monday,July 02,2007 10:19 AM To: 'Daniel Habibe' Cc: Cunningham, LouAnn;Williams, Leo; Urtecho, Jose; Florentine, Kathryn; 'kkennedy®calvin-giordano.com' Subject: RE: FPL Dania Subtation LUPA Hi Daniel, You need to address the specific comments made not update any outdated reports. If the information in referenced reports is outdated or inaccurate 1 suggest you not Include the information in your submittal. FPL should have water and sewer billing records to confirm existing use. Please contact Leo Wllllams or Jose Urtecho to confirm existing utilities. If you would like to schedule a meeting, please contact Kathryn Florentine. "-0rlginal.Message-- Fromt Daniel Hatilbe[mailto:DHablbeOolvin-giordano.com] enttiMonday,July 02,2007 8:54 AM Wrift Dominic Cat Cunningham,LouAnn Subiectt FPL Dania Subtatlon LUPA Mr. Orlando, We are in receipt of your comments for the above referenced request The information that we have in this LUPA request was obtained from the City of Dania Beach Comprehensive Plan. It is our understanding that the city is currently undergoing their EAR to update the comp plan, We have no objection in updating the information contained in the document to reflect present conditions. Please provide us with the following: Sanitary Sewer. • Projected plant capacity and demand for the short and long range planning horizons as idenlijied within the adopted comprehensive plan —please provide demand projections and information regarding planned capacity expansions including year,finding sources and other relevant information. • Identify the existing and planned service to site -provide iu formation regarding existing and proposed trunk lines and lateral hookups to the amendment site. (This site is already connected to city water and sewer. Please confirm in the verification letter.) • Please provide its with an updated Letter from utility verifying the above information Potable Water. • Please provide the adopted level of service standard for the service area in which the amendment is located and the current level ofservice. (The comprehensive plan current level of service is 200 GPD. The site is already connected to city water and sewer and no additional demand will be generated as part of this amendment. Please confirm.) • Please provide its with an updated Letter from utility verging the above information 1/2/2007 Thank You. DANIEL ]. HABIBE Planner Planning Department (Broward) sC"Giordano 6 Associates, Im119e1 ► 18011A & ► e\ ef / ee / Broward Palm Beach phone:954.921.7781 phone:361.694.6161 fax:954,921.9807 fax:561.694.6360 This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. 7/2/2007 I 1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET mumRoute Dee 311Y23p 1•'• ':il; j�11 r PZlop LWS-0T — Project FPL DAIIU SUSSTA110N - Ji'l UStt AMENDM L "— -- ENT For* 31420200O =J CO6GIU RE Ew T E ASOVE REFERENC PR F0 Q --.� SOARD AND CITY OPAAEN7 DIRECTOR S Sfi�FF RECOMMENDATION 7SOTp BE INCORppRATED IN THE COMMISSION,THANK YOU THE PLANNING AND ZONING Rout lnat hAaN❑ f'/�� Plek tip� In-house❑ C,V Fin Marshal❑ 4ndeppa❑ I Public services❑ SSo❑ ❑ d `K�^4y CL'\I" Ll p1 I Other Conauhants COA t APPrsved as submitted❑ •�' ?I. 7 t Denied a Comments Musteore"slonS prlo - p 4.' to PZ/Cunmhebn hearin6 J� Approval w/eondrylone Lip condition. Date L f Print Name x - SG Orlando, Dominic To: Lajole, Corinna; Loftier, Christine Cc: Williams, Leo; Florentine, Kathryn; Leeds, Larry Subject: FPL Dania Substation, Land Use Amendment LU-38-07 Comments: 1. Page 5,Item 5.E)Typo, delete"The"at and of.sentence. 2. Page 6,Item 8.A)1."291 MG(r should be"291 GPD" 3. Page 8, Item 8.A)4. Update reply to reflect present conditions 4. Page 7, Item 8.A)5. Confirm existing services provided by City. 5. Page 7, Item B.A)S.Confirm existing services provided by City. Exhibit 0 letter from City may need to be revised. 6. Page 7, Item 8.8)1.Confirm current level of service, 200 GPO. 7. Page 7, Item 8.8)2.SW 12th"Street"should be"Avenue", S.Pape 7,Item 8,B)3.Check 4.187 MG0(Maximum)? 9.Page 8,Item 8.B)7. Exhibit 0 letter from City may need to be revised. 10.Pa9k8, Item 8.C)1. Update minimum floor elevation requirement 100 year flood elevation plus 1.0 foot. Dominlo F.Orlando,P.B. Public Services Director City of Dania Beach 100 W Dania Beach Blvd Danis Beach, FL 33004 954 924.3740 Fax 984 923.1109 dorfandb Qd.dania-beach.Aus 6/29/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ---- — - - - _ ._._._ .. ROUTING SHEET Rout*Dab W 3I200T Z Loy LU JB Gf ProJed DMIIAlUt'I�TATIOp - LAND D USN AMENDMENT —j Folio 51- /20200iU'o" PLEASE REVIEW THN ABOVN REFERENCED P OJECT F CO / _ -•-- -.._-_-- COMMUNITY DEVELOPMENT DIRECTOR'S 9TAItF RECOMMENDA BE INCORPORATED IN THE BOARD AND CITY COMMISSION.THANK YOU. PUNNING AND ZONING Route Via: May❑ Pick Up❑ In-house Fin Marshal❑ LwWmpe Pubk StnkN❑ BSO Planner Other Consultants LICGA APProved as submitbd Denied(� Comments to PZ Cmomminlal sust address hiny A [ Pproved W/oondsiont(� List Conditions Signature Date Print Name X X CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET =i .' Route03M Z Lop LU,74"? —'�— J` prof FPL DANIA WUSTATION J 6.1 14 1001 y LAND US@ AMENDMENT Follo Sti202pppp��--==� t . —_�— J n PLEASA REMEW THQ ABOVQ REFERENCED P COMMUNITY DEVELOPMENT DIRECTORS 8TA gE6TQMN S BE INCORPO yr BOARD AND CRY RATED IN THE COMMI$SN)N.THANK YOU NoA7" Q PLANNING AND ZONING I5 Route VIM Mal❑Fire Marshal Pldl UP '"Ouse Public Sowk"❑ Lan6cPa❑ am❑ Plantor Other Conwkanb C1C13A Approyb w eubmktad .�Q D.nled Commanb must Wrou prior to Pit/Commyeiml hearing Q ADProved whondlkona❑ C .I Llet CondlWr4 �I Signature Dater pan 3rar�� Print Name x v 200 EAST BROWARD BOULEVARD Ruden SUITE i301 FORT LAUDERDALl,FLOREfA JJJ ,,1 McC losk FORT LAUDE�t,ORp�2 Y 1954)527.2400 FAX(964)],ta-4on DENNIS MELEORUDEN.COM November 27,2006 VIA HAND DELIVERY Thomas Ansbro city Attorney JUN 111001 City of Dania Beach 100 Wed Dania Beach Boulevard planning Dania Beach,n 33004 >Departm�n Re: Upgrade ojthe Neighborhood Electrical Distribution Substation located on the east side ojSE S`a Avenue between SB 3ie Street and SH 3'd Terrace ("Property')in the City of Dania Beach ("City") Dear Mr.Ansbro: Florida Power and Light ("FPL'7 is proposing to upgrade the neighborhood electrical distribution substation located on the east side of SE 5 Avenue between SE Yd Street and SE 3'd Terrace. The Property has a Broward County ("County') land use designation of Low (5)Residential and a City land use designation of Conservation and is located in the City's RS-12,000 zoning district. As you are aware, the City adopted an expansive Land Use Plan Amendment ("LUPA') in August of 2004 which amended the land use of approximately 120 acres of property from Estate (1) Residential to Conservation in an effort to increase flex units for residential developments in the City ("City LUPA"). Please see Attachment 1. Shortly thereafter(in December of 2004), the County adopted a LUPA ("County LUPA") which amended the land use for virtually the same area of property as the City LUPA from Low (5) Residential to Conservation- Natural Reservation; however, FPL's Property was intentionally excluded from the County's LUPA because the Property was already cleared and developed, while the surrounding property was heavily covered with trees and remained in its natural condition. Please see Attachments 2 and 3. Asa result, the County land use designation remained Low (5) Residential while the City's land use designation is Conservation. It appears that the City inadvertently included the Property in the City LUPA when in fact it was likely the City's intention to exclude the Property from the City LUPA in line with the County's LUPA. The existing neighborhood electrical distribution substation located on the Property, and the proposed facility resulting from the upgrade thereof, is not, and will not FTL:1965901:3 Thomas Ansbro City Attorney City of Dania Beach November 27,2006 Page 2 be, a power plant substation, a transmission facility or a power plant. That distinction was made because neither the City of Dania Beach Code of Ordinances('Code'),nor the Dania Beach Comprehensive Plan ("Plan') preclude the location of a neighborhood electrical distribution substation on property with a Residential Land Use designation (such as ours after the adoption of the proposed local LUPA). Specifically, the Residential Land Use category (Attachment 4) specifically excludes power plant substations and transmission facilities; however, the Residential Land Use category does not specifically exclude neighborhood electrical distribution substations. The Residential Land Use category does however, allow public and private utilities. "Utilities".are defined (in pertinent part) by the Plan as "...substations and transmission facilities which comprise an electric power utility needed to service Dania Beach residents" (Attachment S). The Plan does not offer distinctions between the different types of substations; however, given the specificity of the "Utilities"definition and the specificity of the prohibitions listed in the Residential Land Use category, it seems clear that if neighborhood electricar distribution substations were intended to be excfjded from the Residential Land Use category, they would have been specifically listed. As a result of power plant substations and transmission facilities not being defined in the City's Code, we are providing you with a copy of the relevant portions of the Glossary of Electric Industry Terms from the Edison Electric Institute ("EEI"). EEI is the premier trade association for U.S. shareholder-owned electric companies, and serves international affiliates and industry associates worldwide. In its leadership role, EEI provides authoritative analysis and critical industry data to its members, Congress, government agencies, etc. This EEI publication provides definitions for terms commonly used throughout the electric power industry. As you will see from the attached definitions, power plants, switching stations (power plant substations), electric transmission systems, and electric distribution systems are specifically defined, and the proposed neighborhood electrical distribution substation is clearly not the same as any of the utility uses currently prohibited in the Residential Land Use category. As defined on Attachment 6, a Power Plant is defined as "A plant containing prime movers, electric generators, and auxiliary equipment for converting mechanical, chemical and/or nuclear energy into electric energy." Similarly, a Switching Station (power plant substation) is defined as "an assemblage of equipment for the sole purpose of tying together two or more electric circuits through switches or circuit breakers, selectively arranged to permit a circuit to be disconnected in an emergency, or to change the electric connections between circuits." This Switching Station is part of the Electric Transmission system which is defined as "The act or process of transporting electric energy in bulk from a source or sources of supply to other principal parts of the system or FTL:1965901:3 Thomas Ansbro City Attorney City of Dania Beach November 27, 2006 Page 3 to other utility systems." Likewise, a Distribution System is defined as a network of wires and equipment that is dedicated to delivering electric energy from the transmission system to the customer's premises. The Glossary's definition of Distribution System goes on to state..."electric energy is reduced in voltage at a local substation and delivered over primary distribution lines extending throughout the area where the electricity is distributed" Simply stated, when electricity leaves a power plant, it is pushed into the electric system at a switching station (power plant substation). Electricity then travel$ over long distances on transmission lines to where the power is needed. On arrival to.a neighborhood, the voltage of electricity is decreased at a neighborhood electrical distribution substation,making it suitable for distribution to customers. Then,a local line carries the electricity to a home or business where a nearby trattsformer decreases the voltage again, making it suitable for a customer's use. A graphic showing each of these specific electric utility uses is included for your reference(Attachment 7). FPL will be submitting an application requesting that the City Commission adopt a Danis.Beach LUPA amending the Property's current Conservation land use to Estate (1) Residential.-- This wilt establisir consistency between the County and City land use maps and allow FPL to upgrade the neighborhood electrical distribution substation to serve the needs of customers in the City. Recently, Fla. Stat. §163.3208 (2006) (Substation Approval Process) was passed which provides (in pertinent part) that "New distribution electric substations (such as ours] shall be a permitted use in all land use categories in the applicable local government comprehensive plan and zoning districts within a utility's service territory except those designated as ...Conservation...on the future land use map or duly adopted ordinance" (Attachment 8). The Dania Substation upgrade will result in a new Substation over approximately a two-year period. Specifically, within the first nine months, the "proposed upgrade area" (new Substation) around the north, south and east sides of the existing Substation will be constructed with associated site preparation and drainage features. Upon its completion, the electrical load from the existing Substation will be transferred over to the new Substation and the existing Substation will be completely demolished. The area where the existing Substation is currently located will have the site prepared and the remaining portions of the new Substation will be constructed and all associated site preparation and drainage features will be constructed to today's standards. Finally, a new landscape buffer will be installed along the west side (front) of the new Substation property. Please see the attached conceptual site plan (Attachment 9). Additionally, it is our understanding that buildings which do not exceed five hundred (500) square feet in area are exempt from site plan review. FPL's unmanned equipment building (relay vault) will not exceed five hundred (500) square feet in area; therefore, based on the.aforementioned information, it is our position that zoning and site FTL:19659013 Thomas Ansbro City Attorney City of Dania Beach November 27, 2006 Page 4 plan approval are not required if FPL's requested Dania Beach LUPA is adopted (which amends the property's land use to Estate(1) Residential) and the proposed facility meets the lot and area requirements referenced in Fla. Stat. §163.3208 (unless the City approves lesser requirements). please confirm if you concur with this analysis and contact me if you have any comments or questions. Sincerely, Dennis D.Mele Enclosures cc Laurence Leeds, Director of Community Development- Bruce Barber,Florida Power& Light Lynn Shatas,Florida Power 8c Light FTL:1965901:3 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division ' General Development Application (9S4)924-3649 0 Administrative Variance Cl Assignment of Flex/Reserve Units ® land Use Amendment U Plat 0 Plat Delegation Request 0 �g 1U!I I 1 1057 Date Redd: a 0-7 O Spada,flxceptlon ,. Petition No.: LA-3$-0-7 O Spedal st y Reque i,°;I:". A O Tramcielay walver 0 Variance -- O Vacation Request O Otilan THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLEM AND SUBMITTED WITH ALL NECESARRY DOCUMENT& 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 fad applications,the responsible contractor of record shall be present at the board hearing, Their failure to attend may Impact upon the disposltion of your application. At always, the applicant or their authorized legal agent must be present at all meetings: Alt projects must also obtain a-building permit from the a y's Building Department. Location Address:_301 SE Sth Ave. Dania Beach FL 33004 Lot(s): Biodc: Subdivision: Recorded Plat Name:_N/A Follo Number(s): 514202000040 _ Legal Description: 2-51-42 W472 of N316 of SW 1/4 of NW 1/4 of NW 1/4 less W 35 for ST& less PTIN or 1227/19 for ST. AppllcangConsultant/Legal Representative (circle one)Daniel Habibe- Calvin Giordano Associates, Inc. Address of Applicant:_ 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 Business Telephone: .954-921.7781 Home: Fax: 954-921-8807 Name of Property Owner: _Florida Power& Light, CO (FPL) (Contact: Bruce Barber) Address of Property Owner: P 0 Box 1400 PDP/1B Juno Beach FL 33,101 Business Telephone: 561-694.4091 Home: Fax: _561.694-4283 Explanation of Request: _Change in Land Use from Conservation to ()t i 1 i t•i cS Prop. Net Acreage: 0.92AC Gross Acreage: 2.99AC Prop. Square Footage: Existing Use: Unmanned Electrical Proposed Use:Unmanned Electrical Distribution Distribution Substat-io-n-S-u'157 Substation SUB. Is property owned Individually, by a corporation, or a Joint venture? —EEL Cor I understand that site plan approval automatically expires within 12 months of City Com Isslon approval, pursuant to Ordinance No. 2003-040. 7 Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/ConsultanyRepmsentathm: Thls day of La&&!,6 pLY Signature: Date' //f y.0 Notary Public (Print Name) to erkhA ) t 40o G lieu p•rve , S Wrle goo. Print Name of Notary Street Address,City,Stabs and Zlp Code 41.1 l -7 716 COMMUoe s oot 9949k- -- `telephone No. as Fax Na BMW Aun 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 (Applkant/Consultant/RepresentatNe) t0 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 certIN that the below referenced corporation Is the owner of subject lands described above and tha 1, as duly authorized officer, have authorized (Applicant/Consubnt4Representawe) &-�°"' e 'd e to make and Ale the aforesaid application. Sworn to and subscribed ��b�e�f�orre_me�/ Corporation Name: This day ofA c�llffcRO— Florida. P PL) Signature• Date:_ 11 /16/2001 Santiago Meliana (Print Name) XY///Q i1Ldi11iiJ J%i7Jy Substation i inar Lpermittinct Manager Sign Name of Notary Public (Print Title) state of(fW-1 4) DJAWALAefdZUV4;-AJ P.O. Box 14000 PDP/JB Juno Beach, FL PPHnt Name of Notary Street Address,Oty, State and Zip Code 33408 Commission Expires: f s 61 t 99 d_d 419 Seal: DIMMUMAN Telephone No. a Fax No. W OOee8810N0DOMM *ERPO &Droen1 02,1010 ''A,,a eoi0111Mr h41MNIWr lYNtO 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. 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 Expires: Seal: Telephone No. &Fax No. '*Each partner must sign. Attach duplicate sheets as required. JGJ I t 2u01 FPL Inter-Office Correspondence To: Memo To File Date: September 13, 2006 Re: FLORIDA POWER&LIGHT COMPANY TRANSMISSION LINE ROUTE AND SUBSTATION SITE ACQUISITION, ZONING, SITE PLAN APPROVAL AND PERMITTING: AUTHOR ]70N TO SIGN I, C. M. Mennes, Vice President, Power Systems-Transmission & Substation for Florida Power&Light Company, verity that the following listed Individuals: Barbara Jalndl Dean Busch Santiago Mellans are hereby authorized to represent, sign for, and authorize on behalf of Florida Power& Light Company in matters relating to the right-of-way and site acquisition, zoning, site plan approval and permitting of electrical transmission lines and substations. Z_ 11.G ,, C. M. Mennes Vice President Power Systems Transmission & Substation The f regoing Instrument was acknowledged before me this r'r, day of , 20 65 , by C. M. Mennes, Vice President of Power Systems - Transmisslon& Substation of Florida Power & Light Company, a Florida Corporation. He is personally kn//own to me�]and did not take an oath. 4J4-4" r` ' ".C.G�1� ��* wthMM A Moo" Notary Public *100""SWM100154711 VIE) Exam OMC*r"28.2000 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT LU-38-07 Date: August 28,2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach,Florida 33004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission for the purpose of hearing any comments which might be made to the following request: Applicant: Daniel Habibe with Calvin Giordano and Associates representing the property owner, Florida Power and Light, is requesting a Future Land Use Plan Amendment as follows: From: "Conservation" To "Utilities" Location: Proper is located on the east side of SE 5th Avenue,between SE 3rd Street and SE 3rd Terrace (301 SE 5th Avenue), in Dania Beach. The site is currently occupied by an FPL Substation. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT,TO REDESIGNATE FROM"CONSERVATION"TO"UTILITIES"PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE,BETWEEN BE 3RD STREET AND SE 3RD TERRACE (301 BE STH AVENUE). DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A', A COPY OF WHICH IS A ACHED TO THIS ORDINANCE;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. The applicant has requested the above land use plan amendment to replace the existing facility with a new substation. The proposed substation will occupy the same site as the existing substation plus additional land to the east. A location map describing the affected area is shown below: L, Y E G` rr♦ or • u For information about changes to the City of Dania Beach's Land Use Map, contact 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. Lou Ann Cunningham Planning Associate Published:Friday,August 17,2007 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT LU-38-07 Date: August 28, 2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 NOTICE IS HEREBY GIVEN that a 2nd public hearing will be held before the City Commission for the purpose of hearing any comments which might be made to the following request: Applicant: Daniel Habibe with Calvin Giordano and Associates representing the property owner, Florida Power and Light, is requesting a Future Land Use Plan Amendment as follows: From: "Conservation" To, "Utilities" - - Location: Property is located on the east side of SE 5`t' Avenue, between SE 3'd Street and SE 3`d Terrace (301 SE 5ch Avenue), in Dania Beach. The site is currently occupied by an FPL Substation. The applicant has requested the above land use plan amendment to replace the existing facility with a new substation. The proposed substation will occupy the same site as the existing substation plus additional land to the east. A location map describing the affected area is shown below: -- E "e wruFaueN etw" _ _ ( IT 7 r I � - .,LACE -- + .,.rl� J — MHfl �g y, � ll1NO �— gg TL � J FPL eITH - � 1 � i� CFT51 am L1 u oRo T. ` ✓ �17 ! T�TL _..LI i�L_SL ' J ' i fir ram CON . L J i L - - LL Z T �� riiT if�• i r ;- For information about changes to the City of Dania Beach's Land Use Map, contact 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. Lou Ann Cunningham Planning Associate Published`. Friday, August 17, 2007 nF n NO OD p J m CD 00 N Ln N e r pvvd * rn 00 OD a J cO�I M MImN M l l l � r 0000 OOO O a. Im LL LLLLLL0LL M M M M M M M M M M M M U O M -Gi M M M Cl) M en en M M M M M M N LLaaaLLaIILLLLWWWLLWLLWWWWW0IJL IW WS UWWS W 2 22Q2p aaDUaF ' m ' QW "Q22 IHIx HSS M� M55ggmmmm mmmmmmmm2YI m �IHHO=Z) OM � Od a � Mii � O � U p LL LL LL � LL a 0 0 a I a a a a a 0 a a Z 0 Lu r a � OQ 2Q Ow Qu°fiOI$ ,i �n �iiai � � � � �iMwa. IL Woo OI� vN � M Macao oaoow000 o NMa ' o 0M�1m Ix M�l � wOM9OMwe - W lawwm � r• �' O Z WXy � X � WWwwwwwwwwwWWaw � � Oj0 =IN2mw Vff4NfN wwmwzwww N S OO ' ^ h �y t00 aa mw ; 90 aa MOION N N M M N N N N M l�f M N N N N## N dM � � � YO 'PY � vOvvvva 011 NLL z U N fsQ N O Z E ae to 3fM(1 0 0 w m a LL i m .. O �a mmm M �IM� g zzz a ; z 2 z w b�OE£ 1� z o LZI, Oyxyx w In fAN U O V > ? < � Z M0a = a o z z w88884m898 � o , l, !WLg . HU22 8 z OW0JwwwmO7m � a9owi2 ; °-,DZS .�e � -a, I 3 3 zz� 06z � v > •e .e m x° 5 °fi . ma � xdO ° rc � y14m� M ao QZ� � � mlL Sjm fpMp tA � p2 SLL M WJ $ TOTNQ� O NIOQ�y7MPQMQ7'11n nOOI pSO d N 1 LL }y NNNjjj ,I, VVYfff 001 t � 4444R4444444444444 3 � Z(l, N N N N N N N N N N N N N N N N N N N N N V o Y Y Y Y Y Y Y Y Y Y Y Y Y Y T Y Y Y IO 1 N a b in V1 1O Vf 1fI (f 0IO N IA N IO In N IO Y1 goa CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Larry Leeds, Community Development Director FROM: Thomas J. Ansbro, City Attorney DATE: August 21, 2007 RE: Proposed Amendment to City's "Zoning in Progress" Ordinance A "housekeeping" amendment is proposed to the City's "Zoning in Progress" ordinance. While rarely used, this ordinance allows the City to notify developers, land owners and other affected parties that when the City is considering a substantial change to the City zoning laws, permits will not be issued if the proposed "new" zoning laws would result in a non-conforming or otherwise unlawful use of one's property. The period of time before new regulations are adopted acts as a"freeze" on changes to property, to allow the City to "catch up" by adopting the new zoning laws or regulations. The proposed amendment simply clarifies one of the effective dates of the beginning of a "freeze" period so that such period will begin either when the City Commission publishes a notice of "zoning in progress" in a newspaper or the Planning and Zoning Board holds a public hearing on the proposed new zoning law. This is ready for approval by the City Commission (adoption of the amending ordinance). TJA:slw Attachment ORDINANCE NO. 2007-021 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 9.24.1, ENTITLED "REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS," TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 9.24.1 of Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida provides for a "zoning in progress" procedure that freezes the review of certain development orders and permits during the time the City Commission is considering either a text amendment to the City land development regulations or a change of zoning district; and WHEREAS, the City Commission desires to clarify when the application of the zoning in progress begins; and WHEREAS, the City Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 9.24.1 of Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida, is amended to read as follows: 9.24.1. REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS. During the period of time that the city commission is considering either a text amendment to the city land development regulations or a change of zoning district, no permit(s) or development order(s) of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property should the text amendment or zoning district change be finally enacted by the city commission. 1. The period of time of such freeze on permits shall begin on the earlier of(1) publication of a notice of a public hearing before the city commission to consider a resolution declaring zoning in progress or (2) notiaa has been given as reElUiFed by law of the initial .....Ana hearin before the planning and zoning board has held its initial public hearing on the text amendment or zoning district change. 2. This section shall not apply if(a) the application for a permit or development order has been reviewed by the dDirector of greNvth managementCommunity Development who determines that its issuance would not result in the nonconforming or unlawful use of property if such proposed change had been adopted and in effect, and (b) not more than three months hashave passed since filing of a complete application for the permit or development order. The three-month zoning in progress period may be extended for up to an additional three (3) months by resolution of the city commission where the public interest requires. Where the property owner requests a postponement or other delay of an application, such period of delay shall not count against the zoning in progress period. Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 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 this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on August 28, 2007. PASSED AND ADOPTED on second reading on , 2007. 2 ORDINANCE#2007-021 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE#2007-021 Sun-Sentinelill Access has been Denied!Search -Gail uli SunSenflnel.com ' Webaehancndby \ cord o topix Join the Topix community tod\ayy. Sign Up 1 Sign In Classifieds Fort Lauderdale,FL Find a job Post your own Place an ad News Forum Wire Classifleds Gassified atl Find a car Find an apartment Fort Lauderdale Vacation Extended Stay Ft.Lauderd Find real estate Ft Lauderdale hotel special:3 nights plus Shamrock Fully Furnished Apartments$89 AG�`CAPS1e Dating Pets dinner for$1591 per night,feel like home. A45 W C.0081c Fort Lauderdale FL MILS Shopping - Views Homes For Sale& Real Estate Local Florida News Fort Lauderdale Classifieds I Even15>Public Notices Printer friendlyHome Listings Froward Palm Beach ORDINANCE 2007-021 NOTICE OF HEARING BEFORE ML5°°°nacnm Regtonc CITY COMMISSION OF THE CITY Cuba/Annerimeriras Fort Lauderdale NationAi Posted:Friday Aug 31 Location:Fort Lauderdale,FL Plumbers Help Team Legislature Event Date: Find A Local Plumber By Opinion Description: Zip Code.Free Search. D ptf Education ORDINANCE 2007-021 NOTICE OF HEARING BEFORE CITY COMMISSION OF THE CITY OF Fast&Reliable! Health&Science DANIA BEACH,FLORIDA,REGARDING ADOPTION OF THE FOLLOWING PROPOSED FindaPWmborcom Special Reports ORDINANCE:NOTICE IS GIVEN that on September 11,2007 at 7.00 p.m.or as soon thereafter as Video Reports the matter may be heard,the City Commission of the City of Dania Beach,Florida,will conduct a Obituaries public hearing in the Commission Chamber at Dania Beach City Hall,100 West Dania Beach Fort Lauderdale,Florida Today',Paper Boulevard,Dania Beach,Florida,to consider the proposed adoption of the following Ordinance: Homes condos&other Corrections ORDINANCE NO.2007-021 AN ORDINANCE AMENDING CHAPTER 28"ZONING"OF THE CODE real estate waterfront,golf OF ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDA,BY AMENDING SECTION 9.24.1. course,beachfront Weather ENTITLED"REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS,"TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS,PROVIDING wwwfwt-lautlerdale-real-estate�.vs Traffic FOR CONFLICTS:PROVIDING FOR SEVERABILITY',FURTHER,PROVIDING FOR AN EFFECTIVE DATE.Copies of the proposed Ordinance are on fife in the Office of the City Clerk,City Hall,100 West Sports Dania Beach Boulevard,Dania Beach,Florida,and may be inspected by the public during normal Fort Lauderdale Hotels business hours.Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed ordinance.Any person who decides to appeal any decision made with respect to any Great range of Fort Business matter considered at this hearing will need a record of the proceedings and for such purpose may Lauderdale Florida hotels. need to ensure that a verbatim record of the proceedings is made,which record includes the testimony Suit all budgets. Entertainment and evidence upon which the appeal is to be based.In accordance with the American with Disabilities www.udlckwef,nd com Act,persons needing assistance to participate in any of the proceedings should cornea the City Features Clerk's Office,100 West Dania Beach Boulevard.Dania Beach,Florida 33004.(954)924-3623 at least 48 hours prior to the meeting.Lou Ann Cunningham Planning Associate August 31,2007 Travel Ft.Lauderdale Cruises South Florida Sun-Sentinel ad if 200040958 Compare Prices of Top Resources Publication date:8-31-2007 Cruise Lines.Weekly Florida Lottery Specials-Save up to 75%1 Results Fla for Review Comment An+edcasVacavmCenter corn Find a Restaurant Movie times Horoscopes Events Froward Educator Ft..Lauderdale Cruises Florida Mortgage Compare Prices of Top Cruise Lines,Weekly Answer One Mortgages Inc Making home Newspaper services Specials-Save up to 75%1 loans simple Get home delivery Ada by�.OD�te Work at Sun-Senline Contact us More Fort Lauderdale Public Notices BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT NOTICE... 13 hr Posted in:Fort Lauderdale,FL Category:Fort Lauderdale Classifieds>Events>PiNic Notice, CITY OF CORAL SPRINGS NOTICE OF PUBLIC HEARING The Coral... 13 hr Posted in:Fort Lauderdale,Ft. Category:Fort Lauderdale Classifieds>Events>Puhltc Notices NOTICE OF PUBLIC AUCTION On or thereafter,Tuesday,Septa,., 13 hr Posted in:Fort Lauderdale,FL Category:Fort Lauderdale Classifieds>Events>Public Notices REQUEST FOR PROPOSALS The Town of Davie is accepting prop.., 13 hr Posted In:F'ad Lauderdale,FrL Category:Fort Lauderdale Classifieds>Events>Public Notices PUBLICATION OF BID SOLICITATIONS Broward County Board of... 13 hr CITY OF DANIA BEACH Agenda Item # 903 Agenda Request Database Date of Commission Meeting: 9-11-2007 Adopt Resolution X❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-15 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,FOR A SECOND EXTENSION(ORIGINAL EXTENSION WAS APPROVED ON JUNE 26.2007,AND EXPIRES ON SEPTEMBER 26,2007)REIATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM,ATKINSON,DINER,STONE,MANKUTA&PLOUCHA,P A.,REPRESENTING HOLLYWOOD INVESTMENTS GROUP,I,LLD,FOR VARIANCE VA-0306 GRANTED BY RESOLLTION 2006105;SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-1m,,VACATION VC O306 GRANTED BY RESOLUTION 2006-112:AND SITE PLAN REQUEST SP-0306 GRANTED BY RESOLUTION 2006107.FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI,PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND HE 1ST COURT,DANIA BEACH:PROVIDING FOR CONFLICTS:FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ WOMEN PIRATES INN/CASA BENI: SE-03-06/VA-03-06/VC-03-06/SP-03-06: David Mankuta, representing Hollywood Investments Group, LLC, is requesting an extension to September 25, 2008. Resolution Staff Report 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 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) ji Commission Action: Approved: ❑ Denied: ❑ Continued to: RESOLUTION NO. 2007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR 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, PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE Is' COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following requests for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%),per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; for property owned by Hollywood Investments LLC., (the "Applicant'), pursuant to Resolution 2006-105, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved the vacation of a portion of NE ls` Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1'/2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I" Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval was not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, on June 26, 2007, pursuant to Resolution No. 2007-117, an extension of the above approvals was granted until September 26, 2007; and WHEREAS, Attorney David B. Mankma, on behalf of the property owner, is requesting a second extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until September 25, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION#2007-154 Section 1. That the requests to extend the expiration date of the approvals for the variances, special exception use, vacation and site plan are approved until September 25, 2008, 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. Section 2. That all such approvals are subject to the conditions previously approved by the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on . ATTEST: BOB ANTON LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2007-154 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: September 11, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G Ci SUBJECT: PIRATES INN/CASA BENI: 5E-03-06NA-03-06NC-03-06/SP-03- 06: David Mankuta, representing Hollywood Investments Group, LLC, is requesting an extension to September 25, 2008 on the following approvals: Special Exception request to allocate 305 Local Activity Center (LAC) dwelling units. Variances to: a) Allow 140-foot building height. b) Allow tandem and stacked parking spaces. c) Reduce on-site pervious area to 1%. d) Reduce required parking by 26.3%. Vacate and close: a) Portion of NW V Avenue. b) 15 foot alley (Fish Grill site). c) 1 .5 foot wide utility easement. Site Plan approval for a mixed-use condominium containing 305 units, 10,000 sq. ft. of retail, and 10,000 sq. ft. of restaurant. On June 27, 2006, the City Commission approved the project subject to 27 conditions. The approved site plan was neither complete nor clear with regard to traffic circulation, parking, loading, sanitation, service areas, landscaping, building setbacks and upper level building recess requirements. Until the applicant corrects the plan and complies with Commission conditions, staff cannot determine if building containing 305 dwelling units, 10,000 square feet of retail, and 10,000 square feet of restaurant can fit on this site. TOD Zoning: At the time of site plan approval, the property was zoned C-2 Commercial. C-2 is primarily intended for retail and office uses (residential is regulated as a special exception) up to 40 feet in height. The City rezoned this and other properties downtown to Transit Oriented Development ("TOD") in April 2007. TOD provides flexibility in meeting parking requirements, allows 14 story buildings subject to conditions, 75 dwelling units per acre, 5% pervious area, and specifies ground floor and upper level setbacks. TOD allows significantly more development potential than the former C-2 for quality projects. Preliminary analysis indicates the approved plan does not comply with TOD parking, pervious area, some setbacks, and density criteria (The approved plan allows 100 units per acre). Previous Commission Action: On June 26, 2007, the City Commission granted a 90 day extension, subject to the (a) applicant submitting complete plans subject to compliance with the 27 approval conditions, and (2) confirmation from staff (after reviewing the complete plans) that the building can be accommodated on the site. As of September 4, 2007, the owner has not submitted complete plans to the city. Current Request: The applicant is requesting a requesting a second extension to September 25, 2008 in order to obtain a building permit. This includes, but is not limited to, the following: 1) Revise the site plan package for staff review, addressing unresolved issues and the City Commission approval conditions. 2) Submit revised building elevations to City Commission for architectural approval. 3) Obtain City Commission approval of park impact fee. 4) Obtain Broward County EPD approval, including payment of County Impact Fees. 5) Submit permit drawings for Building, Fire, and Civil approval and consistency with the approved site plan. 6) Pay building permit and city impact fees. RECOMMENDATION At the City Commission's discretion. AmNsw DINER, STONE, MANKUTA & Pwucm, P.A. ATTORNEYS AT LAW ONE FINANCIAL PLAZA TOO SOUTHEAST 3" AVENUF SUITE 1400 FT.LAUDERDALE, FL 33394-0030 WWW.ATXINSO,N-DINER.COY DAVID B. MANKUTA FROWARD'. (954)925-5501 dbm@atkinson-diner.com M)Ami-DADF. (305)944-1882 BOARD CERTIFIED IN CONSTRUCTION LAW FAX (954)920-2711 HUMID August 16, 2007 AUU 17 7007 Via Facsimile & U.S. Mail 954-924-3642 Department �t'�3ilt''�l11811t Mr. Laurence Leeds Planning Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: Hollywood Investments Group, I, LLC. Our File No.: 7591-06242 Dear Larry: You will recall that we represent Hollywood Investments Group, I, LLC. In connection with matters before the City of Dania Beach regarding the various approvals obtained for development of the Pirate's Inn site. Since the Commission graciously agreed to a ninety (90) day extension of time on the approvals, As you can imagine, there is a great deal of work to do to improve the proposed project for the benefit of not only our client, but the City as well as our client is actively seeking a development partner. In today's real estate climate, this is not an easy task. A project of this magnitude and significance requires a high level of attention and work. That being said, it is necessary for us to request an additional extension of time at least one-year(365)days to conclude our processes. Accordingly, please accept this letter as our request for an additional extension of time of one year(365)days to accomplish our goals. I would appreciate your having this request placed on the City Commission agenda in September as to avoid any interruption in our endeavors. I trust you will find the foregoing in order. Should you have any questions or require any additional information, please feel free to contact me. Very truly your , D VID . X 1� DBM/jpa cc: Hollywood Investments Group I, LLC. @PFDesktop\Y OOMNMHOOMAtADDMSt)1;Intenvoven;344111,1 Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.5 RESOLUTION 42007-117 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 1ST 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 Hari, 517 NE 2nd 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 24th 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.) Commissioner Bertino Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. RESOLUTION NO.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/CASH BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following request for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning",Article 4, "Schedule of Lot Yard and Bulk Regulations'; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements'; 4) Variance to waive pervious area requirement (Code requires 15% - 30%),per Chapter 28, "Zoning",Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; for property owned by Hollywood Investments LLC., (the "Applicant'), pursuant to Resolution 2006-105, subject to conditions;and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC') dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions;and WHEREAS, on June 27, 2006, the City Commission approved to the vacation of a portion of NE I" Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1 %]) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1" Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval is not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner is requesting an extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until June 27, 2008; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variance, special exception use, vacation and site plan are approved for 90 days (September 26, 2007), 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 2 RESOLUTION#2007-117 accommodated on the site. Section 2. That all such approvals are subject to the conditions previously approved by the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 26,2007. ATTEST: 1 136b ANT N LOUISE STILSON, CMC MAYOR-CO ISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 1 BY: : 1 THO00AS)J.A14S R0 CITY ATT09NJ Y 3 RESOLUTION 92007-117 Commissioner McElyea suggested the developers build a bridge between Dania Beach Boulevard and Bryan Road, Commissioner Castro pointed out that vacating the street would help protect the neighborhood, while residents would still have access to businesses and buildings. She further noted that there are 3,000 units designated for the flex area in downtown Dania Beach and traffic is going to get worse. The two proposed right turn lanes will help. Commissioner Castro commented she did not think this project would be the cause of our traffic growth. Commissioner Bertino favored of the project, but we need to consider a major traffic solution in the City. He agreed with Commissioner McElyea's suggestion. Benjamin Wohl thought by vacating the roadway, people would be circulating in a residential street instead of a commercial street, and suggested traffic go through the building, rather than the City giving up access way. Mayor Flury agreed with Commissioner Castro that the traffic problem would be created by the Casino, not this building. She thought if this project moved forward, we would have the opportunity to find a better solution to the traffic issue. Rebecca Trinkler felt that if this building provided housing for people coming to the Casino, the Commission should assume that all the parking spaces would be utilized. Commissioner Castro motioned to adopt Resolution #2006-112, with staff conditions in Exhibit "A" and the two conditions requested by the Planning and Zoning Board; seconded by Mayor Flury, who passed the gavel to Vice-Mayor Anton. Commissioner Bertino asked if the developers would consider building a tunnel under the road. Attorney Miskel responded that if this were done, they would lose more parking and a more dramatic variance would be required. She also indicated that some business owners might not be aware that the Department of Transportation would be closing the median which would preclude left turning movement onto 1" Avenue. Commissioner Castro was against building a tunnel and thought it would create a safety issue. She further advised that a lot of businesses are in deplorable condition and this was a good offer to bring more customers to the downtown area, because residents are tired of our dilapidated old downtown and want to see it rejuvenated. Commissioner Castro felt this was a good starting project for the City to finally bring about what the residents of Dania Beach want. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. I Mayor Flury suggested having a Workshop to discuss the traffic situation for the whole City, once the preliminary Budget Workshop is over. 9.4 RESOULTION #2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE Isr COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to adopt Variance #1 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variances #2 and #3 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variance 44 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Vice-Mayor Anton was not in favor of a variance request to reduce parking by 26.3% and thought it would be detrimental to the people living in the area. Mayor Flury thought it was for the City Commission to find a solution to the parking problem in the City and suggested including an item on the next Regular CRA Board Meeting to discuss how to solve this issue. Commissioner Bertino would like two additional stories of parking added to the project. Minutes of Regular Meeting 20 Dania Beach City Cominission Tuesday,June 27,2006—7:00 p.m. ( Attorney Miskel commented adding two stories of parking would not be feasible, but they had suggested using the automated system. Director Leeds confirmed for Vice-Mayor Anton that the City Code is comparable with other cities with regards to parking and noted that the difficulty in this case was limitations on the sharing parking among retail, restaurant and residents. Both Attorney Miskel and the Architect for the project, confirmed for Commissioner Castro that the applicant would be agreeable to use the above option. Commissioner Bertino motioned to adopt Variance #5 on Resolution #2006-105, with the condition that it should have at least 700 parking spaces. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance 45 on Resolution #2006-105, to reduce required overall project parking by 26.3%. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall parking by 22%, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Vice-Mayor Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 RESOLUTION #2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC, FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER (-LAC') DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1'r COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-106, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.6 RESOLUTION #2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP, TLC, Minutes of Regular Meeting 71 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. i. FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE lsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Director Leeds reminded the Commission that approval of the Site Plan request should include the conditions in Exhibit "A", any Fire Rescue recommendations and a Condo Disclosure relating to rentals. He clarified for the record, that in the past the City has restricted multi-family to condo only with no more than one rental per year. Director Leeds asked the Commission if they would like to make a decision on the park impact fees. City Attorney Ansbro recommended revisiting this issue another time. Mayor Flury advised that the design of the building does not reflect the type of modem-classic style discussed in the past. She added an additional condition that the final building design and color scheme come back to the Commission for final approval. Vice-Mayor Anton motioned to adopt Resolution #2006-107, with Staff conditions in Exhibit "A", the final building design and color scheme to be submitted to the City Commission for final approval, condo documents to be consistent with what has been done in the past, and approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Bertino commented he had no problem with the hydraulic system, but would like the City to make sure they are workable. Director Leeds noted that the City has the right to cite them if the system is not working properly. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino wished everyone a Happy 4'h of July. 10.2 Commissioner Castro Commissioner Castro praised the City Commission for what they accomplished tonight and thanked her colleagues for going forward with this project. She wished everyone a Happy 4"' of July. Minutes of Regular Meeting 11) Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. i t 10.3 Commissioner McElyea Commissioner McElyea commented there was a lady who complained about trash on NW 9'h Street and 14`h Avenue. Vice-Mayor Anton thought Code Enforcement had taken care of the boat issue at that address. Laurence Leeds, Director of Community Development advised that people had been cited about the boat and they should appear before the Special Magistrate at the July meeting. He further indicated that he talked to Ms. Winslow about the trash issue and advised her that currently there is no provision in the Code and it would need to be changed. Mayor Flury suggested this family should be contacted to try to help them out with the trash situation. Director Leeds will ask a police officer to contact Ms. Winslow. Commissioner McElyea would like Code Enforcement to pick up the many signs scattered around the City. Mayor Flury agreed with Commissioner McElyea and thought these signs make the City look bad. Laurence Leeds, Director of Community Development, indicated these signs are mainly along US 1 and Griffin Road, and he will make sure that Code Enforcement takes care of the situation. 10.4 Vice-Mayor Anton Vice-Mayor Anton reminded everyone that, although there have not been any recent activities on the airport issue, the County is still moving forward with their plans. He further commented that the County is facing some problems involving parking structures. Vice-Mayor Anton encouraged everyone to show their support to their County Commissioners. Vice-Mayor Anton asked City Attorney Ansbro for an update on the parking issues for the northwest and southwest areas. He would like to have some information prior to the next CRA meeting. City Attorney Ansbro advised that Attorney Tim Ryan is compiling the necessary information for properties owned by the City in the downtown area, for submission to the Commission. Vice-Mayor Anton advised that the County Commission discussed affordable housing at their meeting. He asked City Manager Pato and Community Development Director Leeds, to develop a plan and place it on a future agenda. Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,June 27, 2006—7:00 p.m. f RESOLUTION NO. 2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28, "ZONING',FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1 sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning', Article 4, "Schedule of Lot, Yard and Bulk Regulations" prescribes the height regulations in the C-2 (Commercial) zoning district; and WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning',Article 6.21,"Off- Street Parking Requirements" prescribes the off street parking requirements for residentiall and commercial uses within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 29, prescribes the pervious and impervious requirements for residential and commercial uses within the City of Dania Beach; and WHEREAS, Cindy Meyer,representing Hollywood Investment Group,LLC.has applied for a variance (VA-03-06) for the following: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking prohibited),per Chapter 28, "Zoning', Article 6.21, "Off Street Parking Requirements'; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking prohibited),per Chapter 28, "Zoning', Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning', Article 6.21, "Off Street Parking Requirements". I for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1 st Court, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant variance request VA-03-06 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-03-06), for a variance as described above (from requirements in Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", Article 6.21, "Off-Street Parking Requirements", and Article 29, "Pervious and Impervious Requirements"), a copy of which is attached as Exhibit"A" is approved, subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements, including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest corner of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking, safe interior traffic flow, and sufficient loading areas prior to issuance of any building permits. 2 RESOLUTION#2006-105 1 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail (including materials, location,width,proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA (Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3"; same is shown on Sheet A 1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters, garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including aprohibition on pre-sale rentals. 3 RESOLUTION#2006-105 24) Condominium documents (to be approved by City Attorney prior to issuanceof any building permits) to reflect condition No. 23 above, and further restrict individual i unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE 1" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. 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 June 27, 2006. PATRICIA FLURY A MAYOR-COMMISSIONER T EST: . LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 4 RESOLUTION #20406-105 BY: THOMAS J. ANSB CITY ATTORNEY 5 RESOLUTION#2006-105 1 RESOLUTION NO. 2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP,LLC.,FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER("LAC")DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE lsT COURT,DANIA BEACH; -- PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that mixed-use residential/comtnercial developments are allowed as a Special Exception Use in C-2 zoning districts with the allocation of reserve or flex units; and WHEREAS, Cindy Meyer on behalf of Hollywood Investment Group LLC.,has applied for a Special Exception request to allocate 305 Local Activity ("LAC") dwelling units to construct a mixed-use residential/commercial development generally located on the north side of Dania Beach Boulevard between US 1 and NE I" Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the Special Exception request, 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 certain application SE-03-06, for a Special Exception Use to construct a mixed-use residential/commercial development for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district (a copy of which application is attached and made apart of this Resolution as Exhibit"A"), is approved,subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements, including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest corner of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking, safe interior traffic flow, and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. RESOLUTION #2006-106 i 13) Public sidewalk detail (including materials, location, width, proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA(Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3"; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters, garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq, fl. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including a prohibition on pre-sale rentals. 24) Condominium documents (to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come, first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. RESOLUTION #2006-106 27) The requested vacation of NE I" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, i telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. Allocation of the Local Activity("LAC")dwelling units 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 June 27, 2006. PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS BY: d, THOMAS . ANS 0 CITY AT ORNEY RESOLUTION#2006-106 I RESOLUTION NO. 2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP, LLC, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Cindy Meyer on behalf of Hollywood Investments Group, LLC., has applied for site plan approval with the assignment of up to 305 Local Activity Center units to construct a mixed-use residential/commercial development, for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"Court, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the site plan request(SP-03-06),based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-03-06)for site plan approval, acopy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements, including but not limited to, emergency vehicle access requirements. i 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow,and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of treesd andscaping/furni ture. 13) Public sidewalk detail (including materials, location, width, proximity to trees, tree grates,and travel lane)to be designated on the plans and determined to comply with ADA (Building),maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A 1.00 as 20' 3'; same is shown on Sheet A 1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 2 RESOLUTION#2006-107 i 17) Identify location and dimension of sign band on building elevations with storefronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7'2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including aprohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come, first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE I" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. 3 RESOLUTION#2006-I07 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, I Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 ofChapter 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 passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY ATTEST: — MAYOR-COMMISSIONER C:A" LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM CORRECTNESS BY: / TH MAS . A S CITY ATTORNEY 4 RESOLUTION#2006-107 RESOLUTION NO. 2006-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-03-06) BY EDWARD P. PLOSKI, AICP, CRAVEN THOMPSON & ASSOCIATES, REPRESENTING HOLLYWOOD INVESTMENT GROUP, LLC TO VACATE AND CLOSE A PORTION OF NE 1 AVENUE GENERALLY LOCATED BETWEEN THE PIRATES'INN AND THE FORMER FISH GRILL PROPERTIES, ADDITIONALLY, TO VACATE A FIFTEEN(15)FOOT ALLEY LOCATED ON THE FORMER FISH GRILL SITE; AND TO VACATE A ONE AND ONE HALF (I %) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE lsT COURT, OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT' A COPY WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3, Article 3, Part IX, as amended, of the Charter of the City of Dania Beach, sets the procedure for vacating and abandoning streets, alleys,and utility easements or other property dedicated to the public use; and WHEREAS, Edward P. Ploski, AICP with Craven Thompson and Associates, Inc., representing Hollywood Investment Group,LLC, duly petitioned the City Commission of the City of Dania Beach,Florida, to vacate and close a portion of NE 1"Avenue generally located between the Pirates' Inn and the Former Fish Grill properties, to vacate a fifteen foot alley located on the former Fish Grill site and to vacate a one and one (1 %Z) half foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1"Court and legally described in Exhibit "A", a copy of which is attached to this resolution; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the vacation requests; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on June 27, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the portion of NE 1"Avenue generally located between the Pirates' Inn and the Former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1 %2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1 s`Court and, legally described in Exhibit A a copy of which is attached to this Resolution, provided however, they vacation requests shall not become effective until the applicant addresses and resolves the following conditions to the satisfaction of the City. This provision shall not apply to permits/approvals required to construct a temporary sales office: I) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements,including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow, and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 2 RESOLUTION#2006-112 12) Provide a sidewalk detail showing location of trees'landscaping/fumiture. 13) Public sidewalk detail (including materials, location, width, proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA (Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3'; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including aprohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 3 RESOLUTION#2006-112 I 27) The requested vacation of NE 15` Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. 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 June 27, 2006. PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO CORRECTNESS BY: / TH MAS J A S 0 CITY ATT RNEY 4 RESOLUTION#2006-112 EXHIBIT "A" LEGAL DESCRIPTIONS VACATION OF PUBLIC RIGHT-OF-WAY A PORTION OF NE 1ST AVENUE AS SHOWN ON THE "AMENDED PLAT OF BLOCK 2, ESKIISON ADDITION TO THE CITY OF DANIA BEACH", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 31,BLOCK 2 OF SAID PLAT; THENCE SOUTH 00'11' 40" WEST ALONG THE WEST LINE OF SAID BLOCK 2 AND ALONG THE EAST RIGHT OF WAY LINE OF SAID NE 1ST AVENUE, A DISTANCE OF 212.00 FEET; THENCE SOUTH 90' 00' 00" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00' 11'40"WEST ALONG THE CENTERLINE OF SAID NE 1ST AVENUE RIGHT OF WAY, A DISTANCE OF 30.38 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 11' 44' 18" WEST); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 460.00 FEET,A CENTRAL ANGLE OF 4-38'45",AND AN ARC DISTANCE OF 37.30 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07- 05' 34" WEST); THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID NE IST AVENUE HAVING A RADIUS OF 19.20 FEET, A CENTRAL ANGLE OF 82' 42' 47" AND AN ARC DISTANCE OF 27.72 FEET; THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 00- 11' 40"EAST A DISTANCE OF 217.49 FEET; THENCE NORTH 90' 00' 00"EAST A DISTANCE OF 20.00 FEET;THENCE NORTH 00' 11'40"EAST ALONG THE CENTERLINE OF SAID NE 1ST AVENUE RIGHT OF WAY, A DISTANCE OF 12.00 FEET; THENCE NORTH 90' 00' 00" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA;CONTAINING 8,943 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A- 1) VACATION OF PUBLIC RIGHT-OF-WAY (15 FOOT ALLEY) THAT CERTAIN 15 FOOT ALLEY LYING NORTH OF AND ADJACENT WITH LOTS 1 THROUGH 6, INCLUSIVE,BLOCK 1 AND LYING SOUTH OF AND ADJACENT WITH LOT 1, BLOCK 6 OF'BEACHWAY",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A-2) 5 RESOLUTION#2006-112 VACATION OF 1.5' UTILITY EASEMENT THAT CERTAIN UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 3230 AT PAGE 295 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH CK 12,"TOWN OF MODELO",ACCORDING TO THE PLA THEREOF AS RECORDED IN PLATBOOK `B", PAGE 48 OF THE PUBLIC RECORDS OF MIAMUDADE COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (Survey Attached Exhibit A-3) 6 RESOLUTION#2006-1 12 CITY OF DANIA BEACH Agenda Item # / Agenda Request Database Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S.NANTON,FROM CHAPTER 28,"ZONING',ARTICLE 5,"SUPPLEMENTARY LOT REGULATIONS"AND ARTILCE 6.21'SCHEDULE OF OFF-STREET PARKING REQUIREMENTS",FOR PROPERTY LOCATED AT 53 SE 13TH TERRACE,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA40-07: Applicant Flooker Adams on behalf of Janette S. Nanton is requesting four variances for the construction of a new single-family home at 53 Southeast 13th Terrace (RD-8000 Duplex Zoning). Resolution Staff Report Site Map Application Public Hearing Notice Mailing List 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 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S. NANTON, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS"AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS",FOR PROPERTY LOCATED AT 53 SE 13T" TERRACE, 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,Flooker Adams on behalf of Janette S.Nanton,is requesting variance(VA-40- 07) for the following: 1. to allow the construction of a new home on a lot that is 40 feet wide (Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations" requires that lots not be less than 50 feet in width); 2. to allow the construction of a new home on a lot that has 3,700 square feet in area (Chapter 28,"Zoning"Article 5, "Supplementary Lot Regulations"requires lots to be no less than 6,000 square feet); 3. to allow two parking spaces(Chapter 28,"Zoning",Article 6.21,"Off Street Parking" requires that three (3) spaces be provided); and 4. to allow a 27 foot wide swale driveway to accommodate three parking spaces(Chapter 22, "Streets and Sidewalks", Article 1, Section 22-5(l)"Pavement, improvement and use of swale areas",states that paved access driveways shall not exceed(30)percent of the frontage of the abutting lot and in this case 12 feet is allowed), for vacant property located at 53 SE 131h Terrace; and WHEREAS,the Planning&Zoning Board on August 15,2007,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-40-07, 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 with the following conditions: 1) Existing trees to remain on the site must be protected from construction operations and new trees must be planted according to professional landscaping guidelines. 2) Provide three parking spaces as required by code. 3) Three back-out parking spaces are allowed, subject to approval of swale drainage by the Public Services Director and landscape recommendations noted above. 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#2007-155 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 11, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G FROM: Corinne Lajoie, AICP, Principal Planner C.•—`— _ SUBJECT: VA-40-07: Applicant Flooker Adams on behalf of Janette S. Nanton is requesting four variances for the construction of a new single-family home at 53 Southeast 131h Terrace (RD-8000 Duplex Zoning). 1. To allow the construction of a new home on a lot that is 40 feet wide (Code requires 50 feet). 2. To allow the construction of a new home on a lot that has 3,700 square feet in area (Code requires 6,000 square feet). 3. To allow two parking spaces. (Code requires three spaces). 4. To allow a 27 foot wide swale driveway to accommodate three parking spaces (A maximum of 12 feet is allowed). The lot is located at on the north side of Southeast 13th Terrace, one house west of Southeast 2nd Avenue. The applicant proposes to demolish the existing home and replace it with a new 3-bedroom, 1,200 sq. ft. one story home (no garage). As indicated below, the lot abuts existing homes on all sides. ADJACENT SITES Zoning District Existing Use North RD-8000 Duplex South RD-8000 Single family home East RD-8000 Single family home West RD-8000 Duplex The subject parcel measures 40' x 92'; surrounding lots are developed. The site plan complies with lot coverage, setbacks, and pervious area, but is deficient in parking. In addition, the landscape plan requires some tree removal, including a 19" palm, located within the proposed building footprint. Upon review of the landscape plan, the City landscape consultant recommends the applicant provide two 12' X 5' X 2" native shade trees to offset tree canopy loss. Existing trees to remain on the site must be protected from construction operations and new ones must be planted according to professional landscaping guidelines. PLANNING AND ZONING BOARD 40' Lot Width and 92' Lot Depth: Approval, subject to applicant providing two 12' X 5' X 2" native shade trees to offset tree canopy loss, remaining trees to be protected from construction activity, and new trees to be planted according to professional landscaping guidelines. Two Parking Spaces: Denial; the board recommends three spaces be provided. 27' wide swale paving: Approval to allow three back-out parking spaces, subject to installation of brick pavers in the swale area. RM-2 '.,. SE'11TH TER --SE 12THST' a W w w � � d z _ t_ SE 13TH ST" ._... z Oss School N _ _..Q Any p/�_}..�� W __. 1�4-E M1U'VWVV N H w `1 Q. "-- `SE 13TH TER LL _ RM-2 I H w C-2 SE 14TH ST _.... n ��®��BOUNDARY SUURVVEEYp �y MGM illi I D Y iB I , RLErJGM 1940 NORTH PINE ISLAND ROAD Y PLANTATION,FLORD)A 33322 PHONE(954)4734010 FAX(954)473.8020 CERTIFICATE OF AUTBOREUTION MLB7086 E:MAIL:EERILANDSURVEYRVG@YAHOO.COM NOTES 1) ELEVATIONS,IF SHOWN HEREON,ARE RELATIVE TO THE NATIONAL GEODETIC 50UM[w5T 13Tn STREET VERTICAL DATUM OF 1929, BROWARD COUNTY BENCHMARK N 1 131,ELEVATION 10.910 FEET. 2) UNDERGROUND IMPROVEMENTS AND/OR UNDERGROUND ENCROACHMENTS NOT LOCATED OR SHOWN. 29 2B 27 2C 25 3) BEARING5/ANGLE5 SHOWN HEREON REFER TO THE ABOVE MENTIONED PLAT OR LEGAL DE5CRIPTION. 4) ROOF OVERHANG NOT LOCATED UNLE55 OTHERWISE SHOWN. 5) THIS SURVEY 15 FOR PERMITTING PURPOSES ONLY. 6) REASONABLE EFFORTS WERE MADE REGARDING THE EXISTENCE AND LOCATION OF € UNDERGROUND UTILITIES.TH15 FIRM.HOWEVER DOES NOT ACCEPT RESPONSIBILITY 55 s7 se s9 4o rAi FOR THIS INFORMATION. BEFORE EXCAVATION,CONTACT THE APPROPRIATE UTILITY COMPANIES FOR FIELD VERIFICATION. 7) ALL BEARINGS/ANGLE5 AND DISTANCES SHOWN HEREON ARE BOTH MEASURED ON THE GROUND AND RECORD(AS PER PLAT)UNLESS OTHERWISE SHOWN, 50UTHE5T 13TH TERFACE 8) TH15 SURVEY IS CERTIFIED EXCLUSIVELY TO: FA HOME IMPROVEMENT LOCATION SKETCH JANETTE NANTON NOT TO SCALE CITY OF DANIA BEACH 9) 700 DENOTES EXISTING GRADE ELEVATION. LOT 26 TREE TABLE FOUND N4- I I FOUND&4' IRON FIPE I ,Oy C I IRON FIFE I.D4 SPECIES DIAMETER HEIGHT CANOPY NO ID d 40.00'17 18 d NO ID 01 1 5ABAL PALM 6' 20 16' ---y— — ———— ———— -x---- 02 ARECA PALM CLUSTER 4' 16 20' 03 FISH TAIL PALM 17 15' 1 2' 0.4C 04 QUEEN PALM 6' 10' 12 05 QUEEN PALM 4' 6' 10' 050 ® ryd 06 ARECA PALM CLUSTER 6' 15' 29 1 ® Ph 07 ARECA PALM CLUSTER 4' 10' 14' 08 5ABAL PALM 12- 15 12 09 ARECA PALM CLUSTER 5' 14' 12' rWCAL 4 10 12 ® 10 ARECA PAIN CLUSTER 6' 14' 6' CHAIN LINK I I UMBRELLA TREE 12' 26' 30' FENCS 12 UMBRELLA TREE 12" 26' 30' ® 0 13 NORFOLK PINE 6' 22' 20' 1 O_T I 14 FI5H TAIL PALM 5' 20' 10' 14 15 TRAVELERS PALM 12' 20' 30, 1 16 TRAVELERS PALM 9' 14- 120' 96 17 FISH TAIL PALM 7' 22 20' ® 18 FISH TAIL PALM 10" 2 2 3 19 FISH TAIL PALM 2) 1 ' 20 5ABAL PALM 1 1 12'4' 35 16' H N I A LOT 39 OF 05 I N 21 5ABAL PALM 16' 38' 1 2' D 22 ARECA PALM CLUSTER G' 18' 20' OI 'Sr.JANES PAFK OELMAFi J 23 ROYAL PALM 19' 36' 20 PLAT BOOK tl AT PAGE 26 1 24 Fl511 TAIL PALM 1 2' 25' 1 G WERPON LOT I IPROVEMENTS NOT I y SHOWN AT CII 6 REOUESr 1 LEGAL DESCRIPTION: >hryd �I� LOT 39 OF'5T.JAMES PARK DELMAR' 'a ACCORDING TO THE PLAT THEREOF AS j ID RECORDED IN PLAT BOOK I I AT PAGE ee r/4 NOD RNCE 9 0�« 26 OF THE PUBLIC RECORDS OF 0.20 �I s 0.7C ai`� BROWARD COUNTY,FLORIDA. e '*'- 0 FOUND u2- a FOUND U2' 'n 'RDN ROD A ® IRDN ROD#c' NOTICE LeFssu ® leean' 44.n ------------------------J ANDS SHOWN HEREON WERE NOT 4000' 01 - 'J/a Li., 'I ABSTRACTED BY THE SURVEYOR FOR OF"CORD. AND/OR EASEMENTS OF RECORD. THEREFORE.ONLY 6 THOME NT5 5-OF-WAY AND EASEMENTS SHOWN E HTHE O ` 40 TOTAL wcrt.rnwAv REFERENCED PAT ARE SHOWN. d SOURFEAST 13TM_TUMCE �5t I&b TPAV -TREES LOCATED MAY 16.2007-- FLOOD INFORMATION CERTlFICAMON: FLOOD ZONE AE BASE FLOOD ELEV:6 0 FEET I HEREBY CERTIFY THAT TM15 SKETCH OF 5URVEY MEET5 THE MINIMUM COMMUNITY PANEL x 120034 0309 F TECHNICAL STANDARDS 5ET FORTH BY THE FLORIDA BOARD OF BUILDING DIAGRAM NO. I MAP DATE:08-18-92 PROFE55IONAL EURVEYOR5 AND MAPPERS IN CHAPTER 61 G 1 7-6, LOWEST FLOOR ELEVATION: N/A FLORIDA ADMIN15TRATIVE CODE. PURSUANT TO 5ECTION 472.027, GARAGE FLOOR ELEVATION:WA FLORIDA 5TATUTE5. "NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF CLIENT:NANTON A FLORI IONAL 5URVEY0 AN APPER,' PROJECT NI 11392 11767 \2 _n SURVEY DATE: APRIL 4 2007 nAru D 53 SOUTHEAST 13TH TERRACE JA KERI DANIA BEACH FL 33004 PR AL 5URVEYOR AND MAPPER NO. 5721 SCALE: 1'-20' STATE OF FLORIDA FI :FA HOME IMPROVEMENT Pie Charts Page 1 of 1 Loftier, Christine From: Leeds, Larry Sent: Monday, August 27, 2007 1:59 PM To: 'sabirahmani@yahoo.com' Cc: Lottier, Christine Subject: 53 South East 13th Terrace Ms. Nanton-Johnson: As per our discussion, Zoning has no objection to flipping the house (front-to-back) so that the front door faces the rear, subject to the following: -There is no change in front, side, or rear yard setbacks as shown on the plan. -There is no change in the landscape relocation plan. I suggest your architect check the revised plan for building or fire code issues. This will not affect City Commission review but is worth looking into before submitting building permit drawings. Chris: Please print copy for variance file. Laurence Leeds,Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 954-924-3640 lleeds@ci.dania-beach.fl.us 8/27/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - ROUTING SHEET - --------- 4 Route Date Project 09 Janette Nanton-S H Varian — JUL 1 ill IVI/ iVA-40.07 - r_ -- 51007 _-- _— � olio 514203080250_ - --_J -- PLEASE REVIEW THE ABOVE REFERENCED P Plan [--- ------J COMMUNITY DEVELOPMENT DIRECTOR'S STAF T BE INCORPORATED IN THE BOARD AND CITY COMMISSION. THANK YOU. E PLANNING AND ZONING Route Vla: Mall❑ Pick Up In-house ❑ Fire Marshal ❑ Landscape Public Services ❑ BSO❑ Planner❑ Other Consuftants ❑CGA Approved as submitted - Denied(1 Comments must address prior , to PZ/Commission hearingApproved w/conditions t- List Conditions Qac cc r 13 Signature ►� � Date L, _ � Print Name K July 13, 2007 MEMORANDUM TO: Louis Mercado Planner FROM: Patti Hoot-McLeod Landscape Consultant RE: Janette Nanton-SFH Variance VA-40-07 I have reviewed the plans and site for VA-40-07 and recommend approval with conditions as listed below: 1) The homeowner/contractor must submit a letter acknowledging replacement of any palms/trees that are damaged as a result of construction. 2) All trees noted on the plan to remain must be protected during construction 3) Two native shade trees 12'x5'x2"caliper must be installed to compensate for the canopy lost as a result of the new building. 4) All areas not covered with landscape material will be sodded with St Augustine floratam sod. 5) All beds will be mulch with no less than 3" of mulch and all mulch beds must extend at least 2' away from the trunks of trees and one foot out from the hedge material to protect the landscaping from mechanical damage. Respectf�bmi i i I i ..J ( City of Dania Beach, Florida De rtment of Community Development I t Planning and Zoning Division (954) 924-3645 ❑ Administrative Variance General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request O ❑ Rezoning Date Rec'd: (0 I Cl Site Plan ❑ Special Exception Petition No.: ❑ Special Request ❑ Trafflcway Waiver Rf 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 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.�7 Location Address: 3 5•E 11mL 1 g�.RliCt {� Lot(s): J_ Block: Lh&L Subdivision: SAW J�)'s J04M /JO(n R Recorded Plat Name: )C n Folio Number(s):S'/YX-03P-06-0*%S� Legal Description: 4T,•r'f yes hhot rJaIriAR It-)AA4at39 Applicant/Consultart/Legal Representative (circle one) FA• Ane Fi pAo aneHT Address of Applicant . znat 44 YV I`l- ,STRE'6T Business Telephone: Home: Fax: 95Y•)65-CSY0 Name of Property Owner. (Y6 hE J. Address of Property Owner: $3 •.7 / T k2 �hN/i4 l, fl- �� Business Telephone:95Y Home: Fax: Explanation of Request: V&4t&ytc dL4Q P,iraivry Y140TO YO&A,,D1;01 ,�r < ganr��1Q,c� F Prop. Net Acreage: Gross Acreage: Prop. Square Footage: 37W A Existing Use: PMQ6gT1A(- Proposed Use: PeSs(35.4T14 L , Is property owned individually, by a corporation, or a joint venture? I N 0 J Vr4.2ALL I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. -E4,M f t Al Ams Ayems 4—/3-07 Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This /Idayof--)�rE 2061 1'/ / Signature: /�A Date: /-3- 0 n Name of Notafy Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: L. A7/ "�'"]r f / 33 Seal: Telephone No. &Fax No. :`, y )1/1 s, � �rw'4yg FroneN Brows --7 _ jj IN Commission DD2e9M sr.„ILGipiw Fell eery H.gees INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) T1 ooke�. AMM S to make and file the aforesaid application. Sworn a .knd sub ribed before me Owner: n e i-1-t, Aw This day off,!./'r 20: uy Signature: ��fl.,Aittj � LLA+Lo . Date: zr j+'-f 101 J � lice +"te_ iyxry"IFU,� Sign Name of Notary Public (Print Name) State of( ) le 3CL Print Name afynu/ eraM Street Address, City, State and Zip Code M Commission DDYe90194 \ CommissionT- e.f>'YPires February 09,2000 Seal: TWphorie No. &Fax No. F. A. Home Improvement 1021 N.W. I" Street j Fort Lauderdale, Florida 33311 June 18,2007 :) City of Dania Beach, Florida Department of Community Development Planning @ Zoning Division 100 West Dania Beach Blvd. Dania,Florida 33004 Re: Variance: Janette Nanton-Johnson 53 Southeast 13t°Terrace Dania,Florida 33004 F. A. Home Improvement, contractor for Janette Nanton- Johnson for property located at 53 Southeast I P Terrace. This is replacement housing for the Office of Housing and Finance-(Community Development Division) Broward County. We are seeking a variance for the following reasons: 1. House on 40 feet wide lot 2. Lot coverage-(3700 sq.ft.) 3. Parking for 2 vehicles Please contact the undersigned if you have any questions @ 954 764-7630. Respectfull t��s. � Flooker Adams Contractor 78-CGC-468A VA-40-07 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, September 11, 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-40-07 - Request by Flooker Adams on behalf of Janette S. Nanton for property located at 53 SE 13th Terrace, Dania Beach, for the following: 1. To allow the construction of a new home on a lot that is 40 feet wide. (Chapter 28 Zoning Article 5. Supplementary Lot Regulations requires that lots not be less than 50 feet in width.) 2. To allow the construction of a new home on a lot that has 3,700 square feet in area. (Chapter 28 Zoning Article 5. Supplementary Lot Regulations requires lots to be no less than 6,000 square feet.) 3. To allow two parking spaces. (Chapter 28 Zoning Article 6.21 Off Street Parking requires that three (3) spaces be provided.) 4. To allow a 27 foot wide swale driveway to accommodate three parking spaces. (Chapter 22, Streets and Sidewalks, Article 1, Section 22-5(1) Pavement, improvement and use of swale areas states that paved access driveways shall not exceed (30) percent of the frontage of the abutting lot and in this case 12 feet is allowed.) Legally described as: Lot 39 of"St. James Park Delmar" according to the Plat thereof as recorded in Plat Book 11 at Page 26 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. Lou Ann Cunningham Planning Associate Mailed: Friday, August 31, 2007 See reverse side of this notice for a location map of the site o U O 0 c oo O (p N Z `m Q (L) > > M N C � @ M Q N N N p (pM (DNNNNn NNN rP- (D rr 00 NOMN 0) m mo OO I,- 0 (D N N (v) M Cl) Cl) CO O Cl) M O O N N O N N N N N N N N O N M Cl) M M N (p (M M M M M M Cl) 0) Cl) Cl) (D (D M Cl) V CO Cl) Cl) Cl) Cl) Cl) Cl) M N M M M M M (D 'T0U� C) 00000000000000000o0omoo 000000 , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to co W M m M M co M M co m M m co M M M co M M M M co J co M M Cl) m m M M cy M J CO M M M M M M M M M M M M M M M M M M M M LL M M M M M Cl) Cl) Cl) z LLpLLLLLL U- LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W LL LL � LL LLLL U. 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F. �vG� fix; ., 0 LO E N O Z - EO aE cwnvwi0° aiazo �OD wr~ a) v) a LLUa 0oo 0 00 co m Iq No0 rro�Nn oc� g () LO V LL MM NM0 N U) z Z Z 0 U to Lu F- ¢ I m J O J w Z 3 w 0 0 p 0 0 m m mmp _ aZW0 LL mW Nw m2 < R > 9zm ¢ < m N � W m CJ OU J -J ww W at3 °� ad aNU = m a CO ca °6 c U w 2 a � a U 0 -j m O Z w 0 Ft.60 O > QF>- 000wo Z OQZ m d In F- --) 0 U) m Er < C/) Q L) O U O O O O O O M O 0 0 0 0 0 CD a)m a) 0 r000) a , L N9 cc) M m m OOOOOOO � O O O O � N O O m m c ooaoeoovvvvwvv 'C C O O O CD O O 0 N N N N r r N MM M MM (`� MMMMM N M � m 9999999999999 p 3 Lp N N N N N N N N N N N N N O y.00 Y `fY17 � gYY � YY � Y () ' o LO 0 1n In r0 0 10 N 0 l0 0 0 U0 CITY OF DANIA BEACH Agenda Item # 9• Agenda Request Database Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-156 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ED DARLING ON BEHALF OF NASSAU DEVELOPMENT CORPORATION,FROM CHAPTER 28,"ZONING",ARTICLE 5,"SUPPLEMENTARY LOT REGULATIONS',FOR VACANT PROPERTY LOCATED AT 45 NW 14TH AVENUE,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-35-07: The applicant, Ed Darling, is requesting the following variances to construct a single family home located at 45 NW 14th Avenue. Resolution Staff Report Site Map Application Public Hearing Notice Mailing List 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 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) NO own= Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-156 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ED DARLING ON BEHALF OF NASSAU DEVELOPMENT CORPORATION,FROM CHAPTER 28,"ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", FOR VACANT PROPERTY LOCATED AT 45 NW 14T" AVENUE, 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, Ed Darling is requesting variance (VA-35-07) for the following: 1. to allow the construction of a single family home on a lot that is 4,750 square feet in area(Chapter 28, "Zoning", Article 5,"Supplementary Lot Regulations"requires lots to be no less than 6,000 square feet in the RD-8000 Zoning District); and 2. to allow the construction of a single family home on a 50 foot wide lot (Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations" requires that lots shall not be less than sixty(60) feet in the RD-8000 Zoning District), for vacant property located at 45 NW 14t" Avenue; and WHEREAS,the Planning&Zoning Board on August 15,2007,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-35-07, for a variance from requirements in Chapter 28,"Zoning",Article 5,"Supplementary Lot Regulations",of the City Code of Ordinances is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on . BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-156 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 11, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G �_ FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: VA-35-07: The applicant, Ed Darling, is requesting the following variances to construct a single family home located at 45 NW 14th Avenue: a) To allow the construction of a single family home on a 4,750 square foot lot. Code requires 6,000 square feet. b) To allow the construction of a single family home on a 50 foot wide lot (60 feet is required by code). The subject property is located on the east side of NW 14th Avenue, between NW 15t Street and West Dania Beach Boulevard. This block of NW 14th Avenue includes single-family homes and undeveloped 50-foot wide lots. The area is zoned RD-8000 (Duplex). Adjacent zoning and existing land use is indicated below. ADJACENT SITES Zoning District Existing Use North RD-8000 Abandoned Construction Site" South RD-8000 Vacant East RD-8000 Vacant West RD-8000 Vacant ** Unsafe structure and code actions pending (See attachment "A"). The applicant requests a variance to build on a 50-foot lot. The conceptual site plan complies with setback, open space, and parking requirements PLANNING AND ZONING BOARD RECOMMENDATION On August 15, 2007 the Planning and Zoning Board recommended approval. Cc: Tim Ryan, Code Compliance Division Attorney ATTACHMENT A The abandoned, uncompleted home has amassed over $25,000 in code fines. Code indicates that sufficient time has passed for the Code Attorney to commence foreclosure. The Building Official has determined the structure has been abandoned and will bring the case before the Unsafe Structures Board in 30 - 45 days with a recommendation to tear down and remove the building. 3 < RS-cmo x _ 3 Nw1 Z i r RDF8000 Q This site w RM IROM „� z Z - - - W DAN1A BEACH BLVD I_G x x x m __ OOCfi-[[9105fi�fi0CCF tlWlb9lj ?1tlOb3011a1 if "�%G `� — = 7'b fY'1 �"7 1i311114 Ob 3 09 tlJM3WWOJ 163M 199C rA /� tt pMe+d6n5 enh ! ~ �• ••./'/ :�I�jH� j � ji LL I'V N2308S0 'l WVITIIM Ul OO xx ii t F� a �= s�E$ 3E[€ IY3 f i ad� i1E 3d 1➢ i `. a '�� '� Z I - aY3ppp as&e Er[a 1 � 1!9 E•i ai i6 yd!'3 `� ,; �'� 6Qo C6 �' d€l :c + eE1d1 ?€es F F � 9 s Op a, E? — 4ag Efl�ad 4 kl -- — al i6 Ja S'kL I 3? 01y C A Y C c a as �H�a?=d pi na�/G �—v -t.. IvN 6ry 3i neo 3.0 3ww s3m:o 4 � f � r L. % J-1 'VTV N808SO 'l WV17 IT I I' ��o- - Iry .u:.,I�1✓I _ �,�� - i � I � ' IL� I I I ,i IE J I ��1 A PARTOPTM2 Wrn 92225 MZT OPTM23OMCM IN OFrrM WORIHtAW 114 OP rmawine TIMQ02TICM19WOY-TMmamTowwmrmymoaom- WWFORN-TNO(42)55T,WNCM PAW15 .AS 10LLQft a�RUI TAMW 1R15=WaTm07m1CRkTr000�MOCM�MWrIrd5=GW T 9O.DDPvr,n K7 MMM 50,00 FW707M IKIMOPEDGRl AMADDV2 01INP mPARC6M WD DAM KLYWR A9IWWIN PMQGL300WIY-IDN .9AID W8llRWTC LYAW AND ODND MI lPGMM1m GDUNfl'. � ED) 50.001 (GALG.) 50,00� J w O � I SIN ry DG loNh�zu�TD�j 11 uJ ya\ I �I 5F1�K_ $ � I c I I I p � I y N d 7lu - � J" a Z007 ' WILLIAM L. OSBORN A.I.A. �1 ARCHITECT 3G01 W.COMMERCIAL BLVD. SUITE 17* U FOIII LAUDLUDALE,FLORIDA 33309 M54)6n-9300 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment nn❑ Plat —J J73 U ❑ Plat Delegation Request � ;f!-1�� ',J 00 ` p Cl Rezoning Date Rec'd: ❑ Site Plan ;UA U S M7 ❑ S al Exception Petition No.: 0-1 • ❑ S aftlacw RequestWaier Planning Variance N) artment ❑ 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. (�' 1 n Location Address: ` V v ' Lot(s): 1— Block: Subdivision: Recorded Plat Name: a S c, Q lit o7 �y1 ev1 i (0 .— �J Folio Number(s):e6'11 ?i - 01� 0 Legal Description: T" Applicant/Consultant/Legal Representative (circle one) CI, Address of Applicant: Z c; LU y D Business Telephone:`%7 V `/ yS' 1/1Home: `1 \� `%�� r j Fax:'i r'/ Name of Property Owner: &L `42 Address of Property Owner: CT /1, Business Telephone: Home: // Fax: Explanation of Request: r :(�.�r Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: iProposed Use: Is property owned individually, y a corporation)or a joint venture? __,/// I understand that site plan and variance approval automatically expires within 12 month of C' m t Ion approval, pursuant to Ordinance No. 2005-040. �f 4 ApplIcant/64new sign re Print Name Jto APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: 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, 1 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/ConsuRanVRepresentative) 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 t the below referenced corporation is the owner of subject lands described above and that d authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscrt fore me Corporation Name: / 4 P (O This day ofa 20� / Signature: Date: � t (Print me) / Sign Name of Notary ubllc (Print Tttle) -4mmfe. aratS 2c7 S �v �s� .�;g ��JK3fe)wX Pri iAMMIE IAMES Street Address, City, State and Zip Co No o Publb-SlOte Of FbfidO Se °; F, Commiss on M DD311419 Telephone No. &Fax No.Co G I 7 ;; BondedayNollonalNolOryAsn. 1 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. % OFFICE (954) 921-01')1 FAX (954)921-0193 00) j j (FILL (954)445-6212 AFFORDABLE HOME 13L ILDERS 720 SW 8ih Street Dania Beach, Fl. 3004 y%k##%%i##yY#%%#%#w##%kyR%4##ty#Yka#kyk#kykY#R#<yh4##k tkkyky%#kk y#a#%#f,kAf4 kY# Re: (Undersize Lot) 45 NW 14`*Ave Dania Beach, FL 33004 To Whom It May Concern: I would like to request a variance on said property in order to build a single family home. This is an undersize lot with potential. I am asking that you please accept and/or take into consideration this request in order for this project to take place expeditiously. Sincerely, Edward Darling Proprietor MEMO AUG y 2007 Planning Department VA-35-07 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, September 11, 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-35-07 - Request by Ed Darling on behalf of Nassau Development Corporation for property located at 45 NW 14th Avenue, Dania Beach, for a variance to allow the following: 1. To allow the construction of a single family home on a lot that is 4,750 square feet in area. (Chapter 28 Zoning, Article 5. Supplementary Lot Regulations requires lots to be no less than 6,000 square feet in the RD-8000 Zoning District.) 2. To allow the construction of a single family home on a 50 foot wide lot. (Chapter 28, Zoning, Article 5. Supplementary Lot Regulations requires that lots shall not be less than sixty(60) feet in the RD- 8000 Zoning District). Legally described as: A part of the west 222.25 feet of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section Thirty-three (33), Township Fifty (50) South, Range Forty-Two (42) East, Which part is described as follows: Beginning at a point 285.00 feet North of the Southeast corner of said West 225.25 feet; Thence West 95.00 feet; Thence North 50.00 feet; Thence East 95.00 feet; Thence South 50.00 feet to the point of beginning, the above described parcel of land is also known as Lot 18 of Mizell's Subdivision (not recorded), said land situate, lying and being in 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. Lou Ann Cunningham Planning Associate Mailed: Friday, August 31, 2007 See reverse side of this notice for a location map of the site N U O r0 N N ca ca CO N > M co Z m CD) c O O Q O V U) � � O O MV Cl) r 'p M N CV co �. 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Z Z O Z Z Z Z � �31MC1 u o Cn V Cl) CD 00 000 N .- � m W Z m O Z � w m0 = OwUO m ? m �Y � OW I=i HZ J et$ J W Q LU W m p J W W J Z : W >- JZF- WJ .68 mm Qmcn W > M } Q F- X 0 U m U 6-3 Ltv L O O 0) O N V V Lo m GOLL O CDO O CDO O O O l0 .C m � � M Cl) Cl) Cl) M M C C N i i i •- e- e- �- O M Cl) C'7 M M M cQ Cl) C7 h pp> m M M MC? MM C7 MCi V 0 3 N CV N N N N N N N 1 Uoo UC LOin 000000000 U7 In In In to It CITY OF DANIA BEACH Agenda Item # 9440 Agenda Request Database Date of Commission Meeting: 9-11-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-157 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT SPIECE,FROM CHAPTER 28,"ZONING",ARTICLE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS',FOR VACANT PROPERTY LOCATED AT 105 SW 1ST COURT,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-21-07: The applicant, Robert Spiece, is requesting an after-the-fact variance to maintain swale brick pavers 37.5 feet in width (Code limits Swale paving to 15 feet). Resolution Staff Report Location Map Application Public Hearing Notice Mailing List 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 Assistant City Manaaer Date HR Director Date Finance Director Date City AHomey Date City Manager Date User Creating Item Item Name (do not use/or\in name) Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-157 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT SPIECE, FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY LOCATED AT 105 SW 1ST COURT,DANIA BEACH; 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 requirements for single family homes in the City of Dania Beach; and WHEREAS, Robert Spiece is requesting variance (VA-21-07) to be allowed to maintain pavers in the swale area for automobile parking measuring 37.5 feet in width,(Chapter 28,"Zoning", Article 6.21, "Off-Street Parking", states that maximum width allowed is 15 feet), for property located at 105 SW I"Court; and WHEREAS,the Planning&Zoning Board on August 15,2007,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-21-07, from requirements in Chapter 28, "Zoning", Article 6.21 "Schedule of Off-Street Parking Requirements", of the City Code of Ordinances is approved subject to the following: 1) Compliance with drainage requirements of the Public Services Director. 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#2007-157 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 11, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: VA-21-07: The applicant, Robert Spiece, is requesting an after-the-fact variance to maintain swale brick pavers 37.5 feet in width (Code limits swale paving to 15 feet). ZONING: Transit-Oriented Development (TOD) LAND USE DESIGNATION: Local Activity Center (LAC) This variance is to allow the applicant to maintain pavers in the swale area for one automobile parking space. The applicant obtained city approval to install one parking space (brick pavers) in the required front yard, parallel to the road. Contrary to the plan, the applicant installed the brick pavers in the swale area. The pavers are 37.5 feet wide (Code allows 15 feet). The applicant submits this variance to allow the brick pavers to remain in the swale. The duplex is non-conforming with respect to parking, lot width, lot size, front yard, and side yard setbacks (The duplex was build without any off-street parking). The `usable' front yard area is about 16 feet deep, insufficient room to install perpendicular back-out parking. PLANNING AND ZONING BOARD ACTION On August 15, 2007 the Planning and Zoning Board recommended approval subject to compliance with drainage requirements of the Public Services Director. Cc: Dominic Orlando, P.E. Public Services Director Location Map: i -R C.3 _ C 2 RM C-2 THIS SITE SW is ST SE lsr RD-8000 al C-2 - C-3 _ SUIST TER- RD-8000 C-2 PUD-B _ -- CITY OF DANIA BEACH VA-21-07LSF,,2ND'S STIRLING RD SW 2ND sT RD-8000 SKETCH OF BOUNDARY SURVEY DESCRIPTION: LOT 3, BLOCK 26, MAP OF THE TOWN OF MODELO, according to SW. 1ST STREET the Plat thereof as recorded in PLAT BOOK B. PAGE 49. of the Public Records of Broward County, Florida. 2 1 3 4 NOTES: fi 5 (1) property address: 105-107 SW 1st Court, Dania "' (21 Flood Zone UNSHADED X; per Flood Insurance 7 8 Rate Map 120034 0309 F, map Index dated 10/2/97. " 10 9 (3) Unless stated otherwise hereon, this survey was prepared without the benefit of an abstract of title. No liability 11 12 is assumed by the undersigned for loss relating to any matter that might be discovered by an. abstract of title cf the property. LOCATION MAP (41 No underground foundations, burled utilities, setbacks, uses or visible easements are located hereon. No liability NOT TO SCALE is assumed by the undersigned for any loss that may be associated with the existence of any of the above stated. (5) Certified to: Attorneys' Title Insurance Fund, Inc. England s Donato Regent Bank, it successors and/or assigns as their interest may appear Robert R. Spiece, Jr. LEGEND: ¢ centerline elevation A/C air conditioner Slab BLDG building CLF chain link fence PIP found 1/2' iron pipe M measured P plat PL planter SIR set 5/8' iron rod s cap -4545 SIRWC set 5/8' iron rod s witness cap SNT set nails tin AT den wu[n Six 1Si D0.X11 NT-6-YAY 10100, x m AS, AYMLT SIP Sig 2D.I' t5.1' [ROYrz / .� $I_ IR° d i u 1 STONY ms (DUPLEX) 'Y'I m& - R y mw NES IOENCE R m 'g uv Y Si AI $ m 7 n 25,1' �!-1 •19.m' � awe Ti mmXD i YYII ,p'{1/f aFL llf 6YX 9 sxo ;� r sl a'.� �9y 5��i3� f05.00' I .3487 °�'L'ldd�.®'ti�/Y/ 4J 1.o"x 20' 0.5'Y ( APR 1 ,1 2007 1 I i Uepa1' 3i1�ii� rDa: SP I ECE DATE'. 9-29-98 ORDER ND.: 980904B FIELD ROOK: 220-37 s FILE Rogg J. Dial . Ile DATE RIF SIN DEMA AD. P.S. N 46 1 :it e:iY:i °a f-Ism INDITE mevEY mmsY 6tat of Flori a ..YG.. I""v'Y'""'v°"'" for YLB4545 DIETZ & DIETZ LAND SURVEYORS, INC. 5781 W. Sunrise Blvd. , Plantation, Florida 33313 41.(954) 327-09B0 DATA FILE Txoa-za CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date gl2/200� -, J ., MAY 0 3 1007 P Lap:04:23401�362F 7 Project RobertSpIs¢e �� I� ,� - �� ;)!lnln� oll0 ------ PUtment PLEASE REVIEW Inc ABOVE REFERENCED PROJECT FOR COMMENT BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail❑ Pick Up In-house Fire Marshal❑ Landscape ❑ BSO❑ Public Services ® Planner❑ n. Other Consultants ❑CGA Approved as submitted Denl . ... . ✓ Comments must address prior Approved w/conditions (] to PZ I Commission hearing I List Conditions MoWFy F/Lon17= Y'A0 7o PiZolJrG1E P92K�Nb�;. _ - - -� �✓��-T NA-MG cF s7-rtF,�T Sw /sts�� S PIZO pefLTY A.)oT s w is t CeUA1_T 40 Signature Date Print Name X . City of Dania Beach, Florida Department of Community Development Planning and toning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat � 7 ❑ Plat Delegation Request I;tIx11 v 31 Data Redd: `A kO o ❑ Rezoning fltl VVVL7� ❑ site Plan VA- �I-�7 ❑ Special Exception APR 10 1007 Petition No.: ❑ Special Request ❑ Tmfflcway 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 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. S / Location Address �� ✓ ` �� ,'�a!1 �`�� Lot(s): Block: Subdivision: Recorded Plat Name,:,. Folio Number(s): 7 -(✓� � Legal Description: so-4�-3�-o1- 3�a1 Applica onsultant/Legal Representative (circle one) 4 Address of Applicant: 4i`oU �L- Business Telephone: ((�� Homed: 7S�' �-o�B Fax: RName of Property Owner: ) kk C4 �p Address of Property Owner: �LA �� 1tv "� �'�� Business Telephone: Home: 14`*o Z Fax: Explanation of Request: V& l� J Prop. Net Acreage: Gross Acreage: Prop. Square Footage: i Existing Use: Proposed Use: Is property owne individually, y a corporation, or a joint venture? I u orstariil tha site plan�and variance approval automatically expires within 12 m oCommission approval, pursuant to Ordinance No. 2005-040. o SCR Ap Ilcant/Owner si ature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/Representative: This day of a&-Vk20 0/ Signatures 1 �/ Date: n Name o 'ry u Ik (Print Name) Sta of(moo"U/l- ) Print Name of Notary Street Address, City, State a`n�d Zip Code Commissi 4. o4FbAde conm lh Telephone No. &Fax No. Seal: ' itaan DD583M2 P E,.'._m 10113l2DiD 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/Consuitant/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. Robert Spiece 4641 SW 74i°Terrace Davie,FL 33314 IN %I April 2,2007 APR 10 1007 Attn: City Commission planning Planning&Zoning Board Department Dania Beach,FL Site Address: 105 SW 1't Court,Dania Beach To Whom It May Concern: I am requesting a variance for parking. The width of the lot is too small and the building, built in the 195O's, was built too far forward on the lot to allow parking. Sincerely, Robert Spiece VA-21-07 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, September 11, 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-21-07 — Variance request by applicant Robert Spiece for a duplex located at 105 SW 1st Court, Dania Beach for the following: a) To be allowed to maintain pavers in the swale area for automobile parking measuring 37.5 feet in width. (Chapter 28, Zoning, Article 6.21. Off-Street Parking states that maximum width allowed is 15 feet). Legally described as: Lot 3, block 26, map of the Town of Modelo, according to the plat thereof as recorded in Plat book B, Page 49 of the public records of Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. hi accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed on: August 31, 2007 See Reverse side of this notice for a location map of the site N O) h 0 (� N N m _. N > > M d O m a 'O O M m OD N O W _O M N _ _ CC)a) O) O N O O I m O M O O M O W C) N M O r N O (0 CO M N IO M N 0N M 0O M 1- O O M O N V CO (O CO M 1- (0 (O 1- 0) (O OD (O M M O M O M M OO q M (M M M q M <M 'T M M M C? 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Ruth Associates Landscape Architects/Land Planners 1212 N.E. 8th Avenue Fort Lauderdale, Florida 33304 PHONE 954-462-6571 FAX 954-462-8477 Email dmruth@bellsouth.net August 31,2007 Mr. Robert McDonald Robert McDonald and Associates, P.A. 3301 N.E. 17"Court Fort Lauderdale FI 33305 rwt#!##r##w#####*#tttrrtttr########rt#rtrtrtrtrtrtrtirt#i#**ttrwrtrrtw#rtrtrtwrtrtrtrt**rt*rt*#*»***rtrt»ttt## PUBLIC SAFETY FACILITY NO 93 DANIA BEACH, FLORIDA !#!####R##rtw##ww#####*###rt#tt######www*#rw#rtrt###rtrtrtrtrtrt####iiiitri*rw#####rtrtrtrtwrtrtrtrtrtrt###** This letter is to inform you as to the reasons there are additional cost for removing trees on the site. This site,as you are aware, is lower than the surrounding lots, north, south and west . 30"Ave to the east at the edge of road is 3 feet higher than the lower southern area of this site. This has over time caused this site to be a neighborhood retention area for the rainfall. The rear of all the lots drain into the site as well as road water which goes into the deep swale in the front or east side of the property. The site also has a foot or so of muck about 3 feet below the surface in the lower southern areas which impedes infiltration of surface water into the water table. We determined, with your Tree Consultant, which trees were to be saved or relocated and have had to revise this in the field for the following reasons. The trees which were trimmed after the plans were done and after the Hurricane have shown rot in the center of the removed branches, not outwardly visible prior to trimming. This in most cases indicates root rot and rotting in the main trunks. One large Oak which was removed from the building site had main trunk rot in 30-40 percent of the trunk. Trees such as this close to the building, walks, drives, parking or retention areas are a hazard. Thev need to be removed for reasons of safety and economy. Some trees were determined to be too costly to remain or be relocated due to the uncertain condition of the trunk interiors. The Laurel Oaks have a life expectancy of 75 years, some have reached this age and possibly more. It is not cost effective to place a retaining wall around them to preserve them or attempt to move them only to have them die or the trunk snap off during relocation. Finally the buildings proposed floor elevation is 9 ft. many of the trees sit at 311-4ft.of elevation ,to fill 5 ft.or build retaining walls or tree pits to save these, in the condition they are in, is in my opinion not cost effective. It will be better to plant new native trees on the higher filled areas which can develop into healthy trees without wet feet and root rot. Sincerely, Douglas M. Ruth ASLA Florida Registration No.340 ELAN Landscape, Inc. 5030 SW 163rd Avenue PROPOSAL Southwest Ranches, FL 33331 Name /Address Date Estimate# City of Dania Beach 8/24/2007 11775 Attn: Miriam Nasser 100 West Dania Bch. Blvd Dania Beach, FL 33004 Project Fire Station 93 Item Description Qty Cost Specifications Total TREE REMOVALS AS A RESULT OF THE ENLARGEMENT OF DRY RETENTION AREA AND THE FLOOD ELEVATION GARDE CHANGES THAT WERE NOT NOTED ON THE TREE REMOVAL PLAN L-2 * removal Remove 18 trees as a result of the enlargement of the dry 1 13,020.00 13,020.00 retention areas and the 3' grade change: 13 oaks: live and laurel * (2) Sabal palms * (1)Coconut pahn* (1) large oak limb misc. Root prune all trees as necessary to increase survivability 1 1,500.00 1,500.00 of trees to remain near retention areas that have not been re-designed (7)Live oak need to be root-pruned in order to preserve the canopy for the site. PRICES INCLUDE: STUMP GRINDING TO 24" FROM GRADE; LOG REMOVAL AND ROOT PRUNING *** Note: The stump grinding depth is now increased to 24"depth from the original 16" depth. All stumps from the original work have been ground to 24" at no extra charge* Please call with any questions. Total $14,520.00 Phone# Fax# Respectfully Submitted: Approved By: 954-680-7711 1 954-680-0205